HomeMy WebLinkAboutPlanning Commission Resolution 2022-16 11/13/2022 DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
RESOLUTION 2022-16
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT
FOR THE KAPU BAR PROJECT
LOCATED AT 132 KELLER STREET
APN: 006-363-026
FILE NO. PLUP-2022-0022
WHEREAS, an application was received by submitted by Brandon Roth on behalf of Petaluma
Restaurant Services LLC to operate a bar/tavern land use at Kapu Bar, located at 132 Keller Street (APN
006-363-026) (the "Project"); and
WHEREAS, the Project is located within the Mixed-Use 2 zoning district, the Mixed-Use land use
designation, and the Downtown subarea of the General Plan; and
WHEREAS, the Project is to operate as a Bar/Tavern after completion of food service provided by
the permitted restaurant within an existing building located at 132 Keller Street; and
WHEREAS, the Polynesian-inspired restaurant would sell food and beverages, including alcohol for
on-premise consumption with food service being the primary business focus until 9:00 p.m. daily and then
the sale of alcoholic beverages for on-site consumption would become the singular operational activity
until closing; and
WHEREAS, the hours of operation for the restaurant serving alcohol would be from 2:00 p.m.to 9:00
p.m. Sunday through Thursday and 12:00 p.m. to 10:00 p.m. Friday and Saturday; and
WHEREAS, the hours of operation for the Bar/Tavern use would be from 9:00 p.m. to 10:00 p.m.
Sunday through Thursday and 10:00 p.m. to 1:00 a.m. Friday and Saturday; and
WHEREAS, the application is subject to discretionary review before the Planning Commission as
the proposed Bar/Tavern land use that would sell alcohol without food service is allowed with issuance of
a Conditional Use Permit; and
WHEREAS, public notice of the August 23,2022, Planning Commission hearing was published in the
Petaluma Argus-Courier and mailed to residents and occupants within 1,000 feet of the Project site in
compliance with state and local law; and
WHEREAS, the Planning Commission public hearing scheduled for August 23, 2022, was continued
to a date certain of September 13, 2022; and
WHEREAS, a public hearing sign was posted on site consistent with the City of Petaluma
Implementing Zoning Ordinance Section 24.100; and
WHEREAS, the proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 - Class 1 (Existing Facilities) in
that it consists of minor alterations to an existing private structure involving no expansion of the existing
structure and the tenanting and use of existing structure that results in a negligible expansion of the former
use the tenanting and operation of an existing structure; and
Planning Commission Resolution No.2022-16 Page 1
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
WHEREAS,the Planning Commission held a duly noticed public hearing,which was a continuance
of the scheduled August 23, 2022, public hearing to a date certain, to consider the Conditional Use Permit
for the Project on September 13, 2022, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, at said hearing, the Planning Commission considered the staff report, dated August 23,
2022 and all public testimony provided prior to and at the public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS
FOLLOWS:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. Based on its review of the entire record herein, the Planning Commission makes the following
findings:
California Environmental Quality Act
a. The proposed project is categorically exempt from the provisions of CEQA under Section
15301 (Existing Facilities) as there is no expansion of use or other factors that would make
the exemption inapplicable pursuant to CEQA Guidelines. As such, the project complies
with CEQA.
General Plan
a. The Project is consistent with the General Plan Mixed Use designation and is located within
the Downtown Planning Subarea of the General Plan, the intent of which is to create a
vibrant mixed-use center with uses that include restaurants. The site is zoned MU2, which is
an implementing zoning district of the Mixed Use designation that allows general retail land
uses including restaurants by-right and bars with Conditional Use Permit approval.
Therefore, alcoholic beverage establishments are anticipated by the General Plan and
MU2 zoning district. Staff concludes that the proposed use will not adversely affect the
welfare of the area residents or result in an undue concentration in the area of alcoholic
beverage establishments.
b. The Project is, for the reasons discussed in the August 23, 2022 Planning Commission staff
report, consistent with the following General Plan policies:
Policy 1-P-2 Use land efficiently by promoting infill development, at equal or
higher density and intensity than surrounding uses.
Policy 9-P-14 Plan and locate retail uses appropriately to their types and the
sites available.
Policy 9-P-16 Strengthen existing retail concentrations.
Implementing Zoning Ordinance
The project is consistent with Implementing Zoning Ordinance Section 8.060 in that all criteria to
grant the Conditional Use Permit are met, including:
a. No information contained in this application has been found to be false in any material
detail.
b. The proposed project is required to comply with all City Code regulations including those
contained in Building, Fire, and Zoning codes. A building permit has been submitted for
tenant improvements and a Certificate of Occupancy is required prior to commencing
operation.
c. There are no violations of provisions contained in IZO Section 8.060 or IZO Section 24.060
based on information presented in the application.
Planning Commission Resolution No.2022-16 Page 2
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
d. The project site is located designated Mixed Use by the General Plan and is located within
the Downtown Planning Subarea of the General Plan, the intent of which is to create a
vibrant mixed-use center with uses that include restaurants. The site is zoned MU2, which is
an implementing zoning district of the Mixed Use designation that allows general retail land
uses including restaurants by-right and bars with Conditional Use Permit approval.
Therefore, alcoholic beverage establishments are anticipated by the General Plan and
MU2 zoning district. Neither the General Plan nor the IZO provides a threshold for what
would be considered an undue concentration. As a result, there is no regulatory threshold
to be applied. The site and surrounding development are designed and intended to
support a variety of commercial uses, and the proposed use would expand the diversity
of uses and commercial offerings. There is minimal, if any, residential use of surrounding
buildings, and staff has not received any responses to required public noticing.
Additionally, the project is appropriately conditioned to minimize any disturbances. Staff
concludes that proposed use will not adversely affect the welfare of the area residents or
result in an undue concentration in the area of alcoholic beverage establishments.
e. The project site and surrounding development are designed and intended to support a
variety of commercial uses. There are no residential buildings or other types of non-
alcoholic beverage establishments located near the proposed use. Neither the General
Plan nor the IZO regulates concentrations of alcoholic beverage establishments, and while
these establishments are present in the Downtown Subarea's retail and entertainment
district, staff does not find that the proposed project's location would be inappropriate
given its proximity to other alcoholic establishments.
The project is consistent with Implementing Zoning Ordinance Section 24.060(E), in that, all
required findings for a Conditional Use Permit can be made as follows:
1. Regarding the siting of the building and use:
a. The site is adequate to accommodate the proposed use or building and all related
activities.
The project does not propose changes to an existing commercial building that has
previously housed multiple restaurants. The proposed use would take advantage of the
site layout, including landscaping and lighting. The restaurant and bar uses will be within
the existing building and the outdoor patio area which is adjacent to a pedestrian
walkway and parking garage and is not anticipated to impact any sensitive receptors or
uses. As such, the site is adequate to serve the proposed use, and all related activities are
consistent with this finding.
b. All outdoor activities will be adequately screened.
The outdoor patio area is located on the south side of the building and is screened with a
low bamboo fence along its entire perimeter. This creates an effective visible barrier to
differentiate the proposed use from its surroundings and provides a sense of privacy to
Kapu Bar patrons while maintaining sight lines and connectivity to the adjacent walkway
that will increase interest and sense of security for pedestrians on the public walkway. The
location and screening of the outdoor activities is consistent with this finding.
c. The proposed building(s) and use will protect the outlook, light, air, and peace and quiet
of any adjoining buildings and uses.
The project does not propose any changes to the existing building or site layout and as
such will not result in impacts related to outlook, light, or air to adjoining uses. The project
does propose use of an outdoor patio by customers until 10:00 p.m. Sunday through
Thursday and 1:00 a.m. Friday and Saturday. The outdoor patio space is located on the
southern side of the building facing the Keller Street Parking Garage and on the far side of
the building from the Keller Co-Work facility. This locational design factor greatly reduces
the potential for disturbance of tenants using the office spaces after traditional working
hours. Additionally, there are no nearby residences.
Planning Commission Resolution No.2022-16 Page 3
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
d. The location and character of any display of goods and services and the size, nature, and
lighting of any signs will satisfy all applicable requirements of this Zoning Ordinance and
will be compatible with adjoining buildings and uses.
There is no display of goods, services, or lighting of signs proposed as part of this
application, therefore, this finding is inapplicable to the project.
e. The intensity of proposed activity will be compatible with adjoining buildings and uses
The intensity of activity associated with the Bar/Tavern use is primarily constrained by
maximum occupancy regulations established by Building and Fire Code regulations.These
regulations would not be modified by the proposed use; therefore, an increase in intensity
of activity as compared to prior restaurant uses is not anticipated by this project.
Furthermore, the Conditional Use Permit requirement is required because the proposed
use is defined as an alcoholic beverage establishment where the on-site sale of alcoholic
beverages without food service differentiates it from a Full-Service Restaurant.The site has
been previously used as Full-Service Restaurants, and a change to the alcohol service-
related characteristic of the use does not necessarily result in an increase in the intensity
of the use. anticipated to be compatible with the surrounding land uses.
The proposed use may result in an expansion of activity in that service hours would
conclude at 12:00 a.m. or 1:00 a.m. daily. Neighboring businesses on Kentucky Street
typically close in the early evening or operate later than the proposed hours of operation,
such as the Keller Street CoWork space and parking garage. Due to unique locational or
operational characteristics of these surrounding uses, including the fact that these uses do
not support sensitive receptors, the intensity or extent of the activity will not impact any
sensitive users or disrupt neighboring uses and is therefore, consistent with this finding.
2. Regarding traffic circulation and parking:
a. The type of street serving the proposed building(s) and use is adequate for the amount of
traffic expected to be generated
The project site is in the Parking Assessment District and is exempt from any requirement to
provide off-street parking facilities as such, this finding is not applicable to the project.
Additionally,adequate public parking is provided along Keller Street,in the adjacent Keller
Street Parking Garage, and on neighboring streets.
b. The adequacy, convenience, and safety of vehicular access and parking, including the
location of driveway entrances and exits is adequate for the amount of traffic expected
to be generated, and will be compatible with adjoining buildings and uses.
The project site does not provide vehicular access or parking and as such, this finding is
not applicable to the project. Additionally, this is an existing building with a similar prior
restaurant use, so there is not expected any additional new traffic.
c. The amount, timing, and nature of any truck traffic associated with the proposed
building(s) and use will be compatible with adjoining buildings and uses.
As proposed, truck deliveries will occur during normal business hours with deliveries made
from Telephone Alley which will not impact traffic on Keller Street.
3. Regarding the compatibility of the proposed building(s) and use with its environment:
a. The number of customers or users and resulting activity level is suitable for the surrounding
uses and especially any neighboring uses of unusual public importance such as schools,
libraries, playgrounds, churches, and hospitals
The proposed use will serve late lunch/early dinner to minors and adults until 9:00 p.m.
Sunday through Thursday and until 10:00 p.m. Friday and Saturday, and serve alcohol to
adult customers from 2:00 p.m. to closing Sunday through Thursday and 12:00 p.m. to
closing on Friday and Saturday.The project site is adjacent to a theater, co-working office
Planning Commission Resolution No.2022-16 Page 4
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
space, parking garage, and personal service businesses and would not have an impact
on schools, libraries, playgrounds, churches, or hospitals that are located outside of the
immediate area. The number of customers and activity levels associated with the
proposed Bar/Tavern use is expected to be compatible with surrounding uses consistent
with this finding.
b. The hours of operation are compatible with adjoining uses.
The Kapu Bar proposes business hours from 2:00 p.m. to 10 p.m. Sunday through Thursday
and 12:00 p.m. to 1:00 a.m. Friday and Saturday. The business will operate as a full-service
restaurant until 9:00 p.m. Sunday through Thursday and until 10:00 p.m. Friday and
Saturday, after which the use will transition to a bar/tavern use with onsite alcohol
consumption without food service.The immediately adjacent businesses include the Keller
Street Parking Garage, which is open to 10:00 p.m. nightly, and 1:00 a.m. on Friday and
Saturday, and Keller Street CoWork office spaces that is available for tenants 24/7. Other
nearby uses include a creative arts space that offers classes at different hours throughout
the week and a massage parlor which closes at 10:00 p.m. Unlike the neighboring
businesses which provide services or are used in the late evening, this is the only use that
will operate as Bar/Tavern and will generate activity after 9:00 p.m. As such, the proposed
hours of operation are compatible with surrounding uses and conforms to the intent of the
General Plan consistent with this finding.
c. Provisions for the control of any off-site effects such as noise, dust, odors and other
emissions, light, or glare, etc., are adequate to protect adjoining uses.
The use, as proposed and conditioned, will comply with the City's standards related to the
control of off-site effects related to noise, dust, odors, light, and glare. The site is fully
developed with an existing building, an outdoor patio area, lighting, and landscaping so
the project will not result in impacts related to dust, light, or glare. Therefore, the project is
consistent with this finding.
d. Provisions for protection of the public against any special hazards arising from the intended
use are adequate.
As a bar/tavern use, the project will not involve any potential special hazards and will not
create a nuisance or be detrimental to the public health or welfare based on the
conditions of approval associated with the Conditional Use Permit such as limited hours of
operation, performance standards for noise impacts and established revocation process
should nuisances repeatedly occur as a result of the Bar/Tavern use.
4. The expected duration of the proposed building and use, whether temporary or permanent,
is compatible with adjoining uses, and time limits on the proposed use, if appropriate, are
adequate in view of adjoining uses.
The approval of a Conditional Use Permit runs with the land unless revoked by the City through
provisions outlined in the IZO Section 8.066. As conditioned,the Conditional Use Permit cannot
be assigned or transferred without notification the Community Development Director.
5. The proposed use in the proposed location is or is not considered a matter of public
convenience and necessity.
The intent of the General Plan's Downtown subarea is to preserve the subarea as the heart of
the city with unique characteristics including historic structures with iron fapades, small blocks,
a walkable street scale, and the Petaluma River which is enhanced by creating a vibrant
mixed-use center with specialty retail, restaurants, public uses, and professional offices with
limited residential use opportunities. This intent is fulfilled when commercial spaces are fully
tenanted with businesses that offer an array of retail goods and services based upon consumer
demand.The addition of the proposed Kapu Bar restaurant and bar operation expands public
access to a diverse array of dining and entertainment options making these options more
convenient to the public in the Downtown core. In submitting this application, the applicant
Planning Commission Resolution No.2022-16 Page 5
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
demonstrates that additional demand for restaurant and bar options in the Downtown
subarea exists and is responding to this demand and intent of the General Plan subarea with
the proposed project.
6. The proposed structure and use, subject to any conditions which may apply, conforms with
the applicable requirements of this Zoning Ordinance and applicable policies and programs
of the City's General Plan and any applicable Specific Plan, and the proposed use will not,
under the circumstances of the conditional use application, constitute a nuisance or be
detrimental to the public welfare of the community.
The proposed use as conditioned conforms with the applicable requirements of this Zoning
Ordinance and applicable policies and programs of the City's General Plan and any
applicable Specific Plan, and the proposed use will not, under the circumstances of the
conditional use application, constitute a nuisance or be detrimental to the public welfare of
the community in that the site is adequately developed for the proposed use as demonstrated
by prior restaurant uses at the same site, operational characteristics of the proposed use or
conditions of approval address security and potential nuisance impacts including litter, noise,
and access by minors.
c. Based on its review of the entire record herein, including the August 23,2022, Planning Commission
staff report,all supporting,referenced,and incorporated documents,and all comments received,
the Planning Commission hereby approves the Conditional Use Permit, subject to the conditions
of approval attached hereto as Exhibit 1.
ADOPTED this 13th day of September 2022, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember McDonnell X
Chair Bauer X
Vice Chair Hooper X
McErlane X
Potter X
Racusen X
Whisman X
DocuSigned by:
BA70860FFFBE4ID_.
Heidi Bauer, Chair
ATTEST: APPROVED AS TO FORM:
EDocuSigned by: DocuSigned by:
4 dam, 4:-,Pp"/, Pia..,;, ,�„a�, ��Lm& �°jVa � QSSisfarnf Gf� affelv,�
E468369C8EDF404 2588C556ED25412...
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2022-16 Page 6
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
Exhibit 1
CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
KAPU BAR PROJECT
132 KELLER STREET
APN: 006-363-026
FILE NO.: PLUP-2022-0022
Planning Division
1. The Conditional Use Permit allows the establishment of a Bar/Tavern use in the MU2 district
consistent with Table 4-3 of the Implementing Zoning Ordinance for APN 006-363-026, 132 Keller
Street, including the following operational characteristics:
a. Standard hours of operation for Bar/Tavern use only shall be as stated in the staff report
and specified below:
a. Sunday through Thursday, 9:00 p.m. to 10:00 p.m.
b. Friday and Saturday, 10:00 p.m. to 1:00 a.m.
b. The "last call"for drinks shall be at 9:30 p.m.Sunday through Thursday and 12:30 a.m. Friday
and Saturday and no drinks shall be served after the "last call".
c. Any amplified speaker system must be consistent with the Performance Standards for noise
contained in IZO Section 21.040; and,
d. All exterior lighting shall be glare-free, hooded, downcast, and conform to the standards
of IZO Section 21.040 (D) (Glare).
2. This approval is effective for a twelve (12) month period unless the permit has been exercised
or unless an extension of time is approved in compliance with IZO §24.060(I).
3. Pursuant to Implementing Zoning Ordinance §24.060(M), this Conditional Use Permit shall run
with the land and shall be valid for the successors in interest of the original grantee. Whenever
the use permitted by this Conditional Use Permit has been abandoned, the permit shall be
deemed revoked, and shall be null and void in accordance with IZO Section 24.060(G).
4. The Conditional Use Permit issued may not be assigned or transferred without notification to
the Community Development Director. The Community Development Director may, refer the
sale or transfer request to the Planning Commission for information.
5. This Conditional Use Permit is only valid for the specific operational characteristics and for the
specific location of the establishment as described in the conditional use permit application,
pursuant to IZO Section 8.064, as may be amended from time to time.
6. This Conditional Use Permit is subject to regulations regarding the sale or transfer of the business
as contained in IZO Section 8.066, as may be amended from time to time.
7. The site shall be kept clear at all times of garbage and debris. No outdoor storage shall be
permitted.
8. The applicant is required to comply with all General Requirements for Alcoholic Beverage
Establishments contained in IZO Section 8.074, as may be amended from time to time.
9. Should the noise impacts of the outdoor patio become a public nuisance as described in
California Civil Code §3479, the operating hours of the patio space may be modified. Should
Planning Commission Resolution No.2022-16 Page 7
DocuSign Envelope ID:0269E6CC-71 DA-49C3-AAD7-E494B2706C9D
Exhibit 1
the operator refuse, this Conditional Use Permit may be revoked pursuant to the process
outlined in IZO §24.060 (G) (Revocation) or its successor section.
10. The applicant shall defend, indemnify, and hold harmless the City or any of its boards,
commissions, agents, officers, and employees from any claim, action, or proceeding against
the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or
annul any of the approvals of the project,when such claim or action is brought within the time
period provided for in applicable State and/or local statutes.The City shall promptly notify the
applicants/developers of any such claim, action, or proceeding. The City shall coordinate in
the defense. Nothing contained in this condition shall prohibit the City from participating in a
defense of any claim, action, or proceeding and if the City chooses to do so appellant shall
reimburse City for attorney's fees by the City.
Police Department
11. Prior to issuance of the Certificate of Occupancy, the applicant shall post signage to instruct
customers to leave the site quietly in respect of the neighborhood, including the following:
a. A sign displaying this information shall be installed on the inside of, or abutting, the exit
door.
b. The establishment's website shall include similar language regarding noise abatement and
neighborliness.
c. Additionally, documentation of the above shall be provided to the project planner for
retention in the project's Planning record.
12. Prior to Building Permit Final,an HD Digital video recording system (DVR),as accepted by Code
Enforcement/Police,shall be installed.An initial review by Code Enforcement/Police indicates
that an appropriate system be at least 4 interior cameras and 8 exterior cameras covering the
street frontage and parking areas; as the system is developed if a modification in these
numbers appears appropriate, those numbers and the layout shall be provided to Code
Enforcement/Police for review and approval. Holding/preserving at least 7 days of recording
time and made available to Police Officers upon request for investigative needs. Copies will
be supplied of any recorded activities needed for investigative purposes.
13. Prior to the Certificate of Occupancy Final, the applicant(s) shall acknowledge and sign off
on Petaluma Municipal Code Chapter 10.68, Alcohol-Related Nuisance Ordinance. Proof of
acknowledgment and sign-off shall be provided to the City of Petaluma Code Enforcement
Officer.
14. Prior to the Certificate of Occupancy Final, "No smoking within 20 feet" or similar signage shall
be posted on one or more of the exterior-facing windows adjacent to the main entry along
Howard Street. This will help eliminate residents having to walk through smoke. Please refer to
Petaluma Municipal Code Section 8.20.040 for detailed information related to the prohibition
of smoking in public places.
15. After food service concludes at 9:00 p.m.Sunday through Thursday, and 10:00 p.m. Friday and
Saturday, the following conditions shall apply:
a. No persons under 21 shall be permitted on the premises.
b. A minimum of two (2) security personnel shall be on site.
Planning Commission Resolution No.2022-16 Page 8