HomeMy WebLinkAboutPLANNING COMMISSION RESOLUTION 2024-06 05/14/2024 DocuSign Envelope ID: 1A710E97-6650-4C5E-BC00-40C569413821
PLANNING COMMISSION RESOLUTION NO. 2024-06
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
REVOKING A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT
AUTHORIZING AN ALCOHOLIC BEVERAGE ESTABLISHMENT LAND USE AT 146
KENTUCKY ST., CURRENTLY OPERATED BY NOTATO, LLC,DBA "JAMISON'S
ROARING DONKEY" LOCATED AT 146 KENTUCKY ST.,APN 006-281-007
WHEREAS, on May 11, 2004, the City of Petaluma Planning Commission conducted a
public hearing and approved a Conditional Use Permit ("CUP") for 146 Kentucky Street, APN
006-281-007, which then had a business owned by Anexie Inc., dba Infusions; and
WHEREAS, the CUP was conditioned to ensure that the Alcoholic Beverage
Establishment business, as described in project information,would not constitute a nuisance or be
detrimental to the public welfare of the community; and
WHEREAS, since 2014, Jamison's Roaring Donkey (JRD) has operated as an Alcoholic
Beverage Establishment' at the subject location pursuant to vested rights granted through the
Conditional Use Permit approved in 2004; and
WHEREAS,on March 14,2014,an agreement addressed between JRD and the City stated
that"With the purchase of[the business] at 146 Kentucky Street, Petaluma,Notato LLC will meet
and follow all conditional use permit requirements. All current conditions and use of the business
will remain the same"; and
WHEREAS,the CUP required JRD to create a thorough security plan for Petaluma Police
Department approval, stating, "The plan shall include, but not be limited to, the periods of time
and staffing levels for security personnel, duties, responsibilities and qualifications of security
staff; and
WHEREAS, despite multiple attempts by City staff to engage JRD, the establishment has
yet to submit and implement an approved security plan aimed at training its staff in de-escalation
techniques and security measures to mitigate crime and violence associated with its business
operations; and
WHEREAS, pursuant to IZO Section 8.074(A)(13), "A conditional use permit for an
alcoholic beverage establishment 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 time, the
Commission may revoke the conditional use permit or add/modify conditions of approval"; and
WHEREAS, Chapter 10.68 of the Petaluma Municipal Code, titled the "Alcohol-Related
Nuisance Ordinance" defines "Alcohol-related nuisance activity" as nuisance activity,
1 IZO Section 8.020.A:Alcoholic Beverage Establishment. A commercial and non-commercial establishment
wherein alcoholic beverages are sold,served,or given away for consumption on the premises,excluding full-service
restaurants.Typical alcoholic beverage establishments include but are not limited to the following recognized types
of establishments:bars,cocktail lounges,ballrooms,dance bars,piano bars,billiard or game parlors,bowling alleys
and nightclubs.
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146 Kentucky St.CUP Revocation May 14,2024
"attributable to an alcoholic beverage sales establishment" means nuisance activities that occur on
or near an alcoholic beverage sales establishment or that involve a call for service where a law
enforcement officer determines that the alcoholic beverage sales establishment provided alcohol
to a person involved in the nuisance activity within the preceding three hours, where the nuisance
activities are attributable to the operations of an alcoholic beverage sales establishment subject to
this chapter and could be abated by reasonable steps by the establishment pursuant to this chapter";
and
WHEREAS, pursuant to Petaluma Municipal Code Section 10.68.020(A), "Providing
alcoholic beverages to persons in a manner that leads to over-consumption of alcohol and related
nuisances is a threat to public health and safety, quiet enjoyment of both commercial and
residential property, and the general welfare of the city and its residents"; and
WHEREAS, pursuant to Petaluma Municipal Code Section 10.68.020(G), "Providing
alcoholic beverages to persons who subsequently engage in alcohol-related nuisance activities
such as littering, loitering, public drunkenness, public urination, vandalism, graffiti, unruly
behavior, and escalated noise levels within the city is a threat to the public peace, health, safety
and general welfare, and a public nuisance as it affects at the same time the entire Petaluma
community as well as the neighborhoods in which they occur"; and
WHEREAS, Petaluma Police Department officers and the City's code enforcement team
has met with JRD several times to discuss ways to identify intoxicated customers, over-service of
alcohol, and similar related alcohol problems; and the City continued to see problems associated
with alcohol and JRD and the City ultimately issued two citations for violating Petaluma Municipal
Code Section 10.68.040A; and JRD has paid a total of$8,260.00 for citations and late fees; and
WHEREAS, pursuant to IZO Section 8.074(A)(6), "A security plan shall be prepared
including, but not limited to, the periods of time and staffing levels for security personnel, duties,
responsibilities and qualifications of security staff for review and approval by the Chief of Police
within 14 days of this Conditional Use Permit approval"; and
WHEREAS, a security plan which would enable JRD to better train its staff in de-
escalation techniques, establish security measures to reduce crime and violence arising out of
business practices, and train and support staff in the proper service of alcoholic beverages; and
WHEREAS, despite repeated outreach efforts by City staff, JRD has failed to submit and
implement an approved security plan, which is a violation of IZO Section 8.074(A)(6); and
WHEREAS, a disproportionate percentage of DUI arrests in Petaluma involved drivers
whose last drink was at JRD,and there was a disproportionate number of calls for service involving
Jamison's Roaring Donkey's customers and staff members to our public safety departments
compared to other alcohol establishments; and
WHEREAS, individuals impaired by alcohol are more likely to cause traffic collisions,
endangering not only their own lives but also the lives of other motorists, pedestrians, and
bystanders, and such incidents can lead to property damage; and
WHEREAS, the police report documents and code enforcement reports, provided in
Planning Commission Resolution No. 2024-06 Page 2 of 6
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146 Kentucky St.CUP Revocation May 14,2024
Attachment B to the concurrent staff report, show a repeated occurrence of JRD customers who
were intoxicated, unruly, and engaging in disturbances on Kentucky Street; and show several
instances where people engaged in physical altercations with each other and JRD staff, ultimately
resulting in injuries; and
WHEREAS, a nuisance is "[a]nything which is injurious to health ... or is indecent or
offensive to the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property" (Civil Code Section 3479); and
WHEREAS, in 2023, JRD had a problem of overcrowding and operating above its
occupancy limits in violation of the Petaluma Building Code, see Attachment G to the concurrent
staff report; and
WHEREAS, exceeding occupancy limits can impede swift evacuation in case of
emergencies, jeopardizing the safety of patrons and staff and helping the transmission of germs
and diseases; and
WHEREAS, IZO Section 24.060(G)provides the process to revoke CUPs; and
WHEREAS, in accordance with IZO Section 24.060(G) on November 2, 2023, the City
sent a certified letter to JRD stating that they were in violation of the CUP as they had not provided
a security plan and that not providing a security plan may result in a 20-day suspension; and
WHEREAS,in accordance with IZO Section 24.060(G)on January 29,2024,the City sent
a letter to JRD stating that they were in violation of the CUP as they had not provided a security
plan and that not providing a security plan may result in their revocation; see Attachment E to the
concurrent staff report; and
WHEREAS, on April 20, 2024, Petaluma Police Officers arrested JRD's security staff for
felony assault and battery charges, see Attachment B to the concurrent staff report; and
WHEREAS, in accordance with IZO Section 24.060(G), on April 26, 2024, the City sent
a second letter to JRD stating that JRD was suspended for 20 days for failing to submit a security
plan as stated in the January 29, 2024 letter; and
WHEREAS,as CUPs are granted during a public hearing when the reviewing body makes
specific findings, CUPs conversely may be revoked upon similar findings that the"permittee fails
to comply with reasonable terms or conditions expressed in the permit granted... or if there is a
compelling necessity warranting the revocation."(O'Hagen v.Board of Zoning Adjustment(1971)
19 Cal.App.3d 151, 158); and
WHEREAS, case law allows a public entity to revoke a CUP if the permittee is operating
as a public nuisance or negatively impacting the community, as a city exercising its police power
can prohibit and enjoin nuisances (Jones v. City of Los Angeles (1930) 211 Cal. 304); and
WHEREAS, because of the repeated and significant offenses that have transpired at JRD
over the past few years,the establishment's operation constitutes a public nuisance as these actions
pose risks to public health and disrupt the community's ability to enjoy their surroundings; and
Planning Commission Resolution No. 2024-06 Page 3 of 6
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146 Kentucky St.CUP Revocation May 14,2024
WHEREAS, pursuant to IZO Section 8.074(A)(4), "The Planning Commission and City
Council shall have the right to impose conditions upon the conditional use permit as are necessary
for the protection of the peace, health, welfare, and safety of those persons living or working in
the vicinity or neighborhood"; and
WHEREAS, public notice of the May 14, 2024, Planning Commission hearing was
published in the Petaluma Argus-Courier and mailed to residents and occupants within 1000 feet
of the Project site; and
WHEREAS, at its May 14, 2024, meeting, the Planning Commission held a duly noticed
public hearing to consider revocation of the subject previously approved Conditional Use Permit,
at which time all interested parties had the opportunity to be heard, and the Planning Commission
considered the Staff Report dated May 14, 2024, 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:
1. Finds that the foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the Planning Commission finds as
follows:
a. The Project is exempt from the requirements of the California Environmental
Quality Act(CEQA)pursuant to CEQA Guidelines Section 15321 (Enforcement
Actions by Regulatory Agencies), which exempts actions by regulatory agencies
to enforce or revoke a permit or other entitlement for use issued. Additionally,
this action is exempt pursuant to CEQA Guidelines Section 15301 (Existing
Facilities), which exempts permitting of existing structures.
b. Due to recurrent and substantial offenses observed at 146 Kentucky Street,
Petaluma, over recent years, the business situated at that address has adverse
operating characteristics to the community and it is deemed to operate as a public
nuisance, thereby violating its Conditional Use Permit, and the Petaluma
Municipal Code, as evidenced in the attached staff report and accompanying
attachments.
c. The business at 146 Kentucky Street, Petaluma, violated the terms of the
conditional use permit for that property by failing to have and implement an
approved security plan.
d. That the City complied with the noticing provisions of Implementing Zoning
Ordinance Sections 8.074 and 24.060.
3. Based on its review of the entire record herein, the Planning Commission revokes the
conditional use permit for the property at 146 Kentucky Street, Petaluma, in accordance
with IZO Sections 8.074(A)(13) and 24.060(G). However, it is tolling that revocation for
90 days and issuing a 90-day suspension of the CUP, provided that the property owner or
its representative may request an additional 90-day extension of the tolling in writing to
the Community Development Director, subject to the approval of the Director. If within
Planning Commission Resolution No. 2024-06 Page 4 of 6
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146 Kentucky St.CUP Revocation May 14,2024
90 days or prior to the end of an extended tolling period, staff return to the Planning
Commission and recommend that the Planning Commission approves an amended CUP
authorizing a Bar/Tavern land use and operation of an Alcoholic Beverage Establishment
at 146 Kentucky Street, the revocation shall expire. If, within 90 days or prior to the end
of an extended tolling period, staff does not return to the Planning Commission to
recommend approval of an amended CUP for the property, then the revocation shall take
effect, and the CUP shall cease to be valid on the 90th day or the last day of an extended
tolling period without further action of the Planning Commission.
Planning Commission Resolution No. 2024-06 Page 5 of 6
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146 Kentucky St. CUP Revocation May 14,2024
ADOPTED this 14th day of May 2024, by following vote:
Commission Member Aye No Absent Abstain
Bauer X
Chair Hooper X
McErlane X
Vice Chair Racusen X
Whisman X
Council Member X
Cader Thompson
Mozes X
FDII"Sig"Id
by:
t ( 6ry 6/3/2024
ff-,aV61TT6AI
oper, Chair
ATTEST: APPROVED AS TO FORM:
LcuSignetl by: DocuSignetl by:
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Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Planning Commission Resolution No. 2024-06 Page 6 of 6