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HomeMy WebLinkAboutPlanning Commission Minutes 11/10/2009 Planning Commission Minutes 11-10-09 City of Petaluma, CA A U L U4 City Council Chambers a4 y City Hall, 11 English Street S V t ti 1 : Petaluma,CA 94952 i 8 g 8 Telephone 707/778-4301 /Fax 707/778-4498 E-Mail planning @ci.petaluma.ca.us Web Page http://www.ci.petaluma.ca.us Planning Commission Minutes November 10, 2009 -06:59 I. ROLL CALL(07:01 PM) Present: Christopher Arras,Teresa Barrett, Melissa Abercrombie, Dennis Elias,Mariane Hurley, Curtis G. Johansen,Jennifer Pierre 2. SWEARING IN OF COMMISSIONERS(07:01 PM) Deborah Padovan 3. ELECTION OF PLANNING COMMISSIONERS TO BE APPOINTED AS: A. Chair B. Vice-Chair C. Second Vice-Chair Commissioner Arras Vice Mayor Barrett Motion: Nominate Mr. Arras as Chair of the Planning Commission Moved by Teresa Barrett,seconded by Jennifer Pierre. Commissioner Elias Motion: nomintate Mr. Johansen for Vice Chair of the Planning Commission. Moved by Dennis Elias,no second required. Vice Mayor Barrett Geoff Bradley, Contract Planning Manager Vice Mayor Barrett Commissioner Arras Commissioner Hurley Motion: to nominate Dennis Elias for Second Vice Chair of the Planning Commission Moved by Mariane Hurley, seconded by Christopher Arras. Commissioner Arras Motion: Approve all three nominations: Commissioner Arras as Chair, Commissioner Johansen as Vice Chair, and Commissioner Elias as Second Vice Chair. Moved by Christopher Arras,no second required. Vote:Motion carried 7-0. Yes: Christopher Arras;Teresa Barrett; Melissa Abercrombie; Dennis Elias;Mariane Hurley;Curtis G. Johansen; Jennifer Pierre 4. APPROVAL OF MINUTES: Approve minutes of September 8,2009(07:07 PM) Chair Arras Vice Major Barrett Chair Arras Mr. Bradley Vice Mayor Barrett Eric Danly, City Attorney Chair Arras Motion: Approve To adopt the minutes of September 8, 2009 Moved by Teresa Barrett, seconded by Christopher Arras. 1 Planning Commission Minutes 11-10-09 Vote: Motion carried 2-0. Yes: Christopher Arras;Teresa Barrett Abstain: Curtis G. Johansen;Mariane Hurley; Dennis Elias; Melissa Abercrombie; Jennifer Pierre 5. PUBLIC COMMENT:The Committeewill hear public comments only on matters over which it has jurisdiction. There will be no Committee discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak,their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. (07:10 PM) Zen Destiny Chair Arras Spence Burton Chair Arras David Glass Chair Arras Public Comment Closed 6. COMMISSIONERS REPORTS(07:17 PM) Vice Mayor Barrett Chair Arras Commissioner Elias Chair Arras 7. CORRESPONDENCE(07:20 PM) Chair Arras Commissioner Elias Chair Arras Bradley Chair Arras Vice Major Arras Mr. Bradley Chair Arras 8. APPEAL STATEMENT: Within fourteen(14)days following the date of a decision of the Planning Commission, the decision may be appealed to the City Council by the applicant or by any other interested party. If no appeal is made within that time,the decision shall be final. An appeal shall be addressed to the Council in writing and shall be filed with the City Clerk. Said appeal shall be accompanied by the appeal fee as specified by Resolution.2004-028- N.C.S.as adopted by the City Council The appeal shall state specifically the grounds for the appeal and the relief sought by the appellant. (07:22 PM) 9. LEGAL RECOURSE STATEMENT: Persons commenting orally or in writing are advised to raise all pertinent issues at this state of review so that possible solutions may be implemented or adopted at the earliest opportunity. If you challenge the action taken by the City of Petaluma in court, you may be limited to raising only those issues you or someone else raised during the public review process,or in written correspondence delivered to the City at or prior to the conclusion of the public review process. (07:22 PM) 10. OLD BUSINESS: N/A(07:23 PM) 11. NEW BUSINESS: (07:23 PM) A. TITLE: Wilibees Wine&Spirit APN: 007-054-012 FILE: 09-CUP-0262 STAFF: Marlene Subhashini An application has been submitted by Vikram Badhan of Wilibees Wines and Spirits requesting a Conditional Use Permit(CUP)to authorize the operation of a wine tasting facility at an existing liquor store at 309 Lakeville Street. Mr. Badhan is also requesting that a determination be made and the findings forwarded to the State of California Alcoholic Beverage Control (ABC)that Public Convenience and Necessity would be served by the issuance of an ABC Type 42 license (an on-sale Beer& Wine license)to allow the wine tasting bar at 309 Lakeville Street. The proposed days and hours of operation are Monday through Sunday from 4:00 p.m. to 8:00 p.m. There will be one employee that will serve at the designated wine bar. No expansion of the existing building's footprint, no exterior changes to the building,and no changes to the site are proposed as part of this project. (07:23 PM) Wilibees Staff REPORT Wilibees Attachment A Wilibees Attachment B 2 Planning Commission Minutes 11-10-09 Wilibees Attachment C Wilibees Attachment D Wilibees Attachment E Wilibees Attachment F Wilibees Attachment G Wilibees Attachment H Wilibees Attachment I Wilibees Attachment J Wilibees Attachment K Chair Arras Marlene Subhashini, Contract Planner Chair Arras Vice Mayor Barrett Ms. Subhashini Commissioner Hurley Ms. Subhashini Commissioner Pierre Ms. Subhashini Commissioner Pierre Geoff Bradley, Contract Planning Manager Commissioner Pierre Ms. Subhashini Commissioner Johansen Vikram Badhan,Applicant Commissioner Johansen Ms. Subhashini Commissioner Johansen Mr. Badhan Commissioner Elias Ms. Subhashini Commissioner Elias Ms. Subhashini Commissioner Elias Commissioner Abercrombie Mr. Badhan Commissioner Elias Mr. Badhan Commissioner Elias Chair Arras Mr. Badhan Commissioner Elias Mr. Badhan Commissioner Pierre Chair Arras Ms. Subhashini Mr. Badhan Chair Arras Mr. Badhan Chair Arras Mr. Badhan Chair Arras Mr. Badhan Ms. Subhashini Chair Arras Mr. Bradley Chair Arras 3 Planning Commission Minutes 11-10-09 Ms. Subhashini Chair Arras Ms. Subhashini Chair Arras Ms.Subhashini Chair Arras Ms. Subhashini Chair Arras Mr. Badhan Chair Arras Commission Pierre Commissioner Abercrombie Commissoner Johansen Mr. Badhan Commissioner Elias Mr. Badhan Commissioner Elias Mr. Badhan Commissioner Elias Ms. Subhashini Chair Arras Public Comment Open Spence Burton Chair Arras Zen Destiny Chair Arras Mr. Badhan Chair Arras Pubic Comment Closed Chair Arras Commissioner Elias Chair Arras Commissioner Pierre Commissioner Abercrombie Chair Arras Commissioner Johansen Chair Arras Mr. Bradley Chair Arras Mr. Bradley Chair Arras Mr. Bradley Chair Arras Vice Mayor Barrett Chair Arras Vice Mayor Barrett Chair Arras Commissioner Elias Mr. Bradley Commissioner Elias Mr. Bradley Chair Arras Mr. Bradley Chair Arras Commissioner Pierre Chair Arras 4 Planning Commission Minutes 11-10-09 Mr. Badhan Chair Arras Commissioner Hurley Vice Mayor Barrett Commissioner Elias Chair Arras Mr. Badhan Chair Arras Vice Mayor Barrett Chair Arras Commissioner Pierre Chair Arras Commissioner Pierre Chair Arras Commissioner Pierre Chair Arras Mr. Bradley Chair Arras Commissioner Elias Chair Arras Commissioner Elias Chair Arras Mr. Bradley Chair Arras Mr. Bradley Vice Mayor Barrett Vice Mayor Barrett Mr. Bradley Vice Mayor Barrett Chair Arras Motion: Make the conditional use permit findings with the conditions of approval,and the public and necessity findings conditions of approval: Conditions of Approval: From the Community Development Department,Planning Division: I. This Conditional Use Permit authorizes Wilibees Wines& Spirits to operate-as an'Alcoholic Beverage Establishment to allow wine tasting at 309 Lakeville Street.APN 007-412-015. 2. Per Zoning Ordinance Section 8.066(A)and(B),this conditional use permit is issued to Vikram Badhan,to allow wine tasting at Wilibees Wines&Spirits,and may not he assigned or transferred without.notifcation to the Community Development Director: Additionally, notification of a transfer ofa conditional use permit shall be required prior to any change in an interest in a partnership or ownership of ten percent(10%)or more of the stock of a corporation to any person not listed on the application filed August 04,2009. 3. The hours of operationfor the alcoholic beverage establishment to allow wine tasting shall be limited to 4 pm to 8pm Monday through Sunday. 4. One employee shall be designated to conduct the wine tasting ancillary use during the approved hours of operation. 5. Wine tastings shall be offered at a fee and shall be limited to one ounce per tasting and to six tasting per client per day. 6. There shall be no seating installed for the wine bar customers. 7. Wine bar customers must remain in the designated Type 42 License area while consuming wine or possessing an open container of wine. 5 Planning Commission Minutes 11-10-09 8. Tastings shall be limited to wine.Tasting of beer,or other alcoholic drinks are not allowed under this Conditional Use Permit. 9. The store shall have proper signs that warn the patrons of the legal age for alcohol consumption. 10. Any physical expansion of the wine bar or liquor store or expansion of the nature of the business(type of ABC license,etc.)shall require an amendment to this Conditional Use Permit. I I. The wine tasting component ofthe'business shall be operated in such a manner that it at no time violates zoning standards regarding noise generation. At no time shall business activities exceed the Performance Standards specified in Implementing Zoning Ordinance Section 21.040 and/or the General Plan. 12. Any proposed exterior changes to the building shall he subject to Site Plan and Architectural Review approval. 13. Exterior lighting shall be-installed along Erwin Street as necessary to adequately illuminate the sidewalk in front of the business at closing time. Such lighting shall be reviewed and approved by staff prior to building permit final. 14. 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,noise generation, or other adverse operating characteristics. At such time,the Commission may revoke the Conditional Use Permit or/add modify conditions of approval. 15. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the maximum extent permitted by Government Code section 66477.9. To the extent permitted by Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project,not just such claims,actions,or proceedings brought within.the time period provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of any such.claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim,action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs 'incurred by the City to the maximum extent permitted by Government Code section 66477.9. From the Police Department: 16. The operation of an alcoholic beverage establishment shall be the responsibility of the permittees personally,or of a manager or designated responsible employee of the permitter,at all times. The permitter shall designate in writing the names of all such managers and designated responsible employees and shall advise the Police Chief and Community Development Director in writing whenever any change is made. 17. The pemtittees personally or a manager or a designated responsible employee shall be on the premises at all tithes during the conduct of business. 18. Bar personnel shall check identification(I.D.)at the designated wine bar to insure patrons are of legal ageTto consume alcohol. 19. All employees and managers shall complete a program recognized by the Department of Alcoholic Beverage Control (ABC) at a qualified Responsible Beverage Service Program prior to the commencement of a new business or within ninety (90) days of hire for new employees. The permittees and/or manager of an alcoholic 6 Planning Commission Minutes 11-10-09 beverage establishment shall maintain on the premises a file containing the certificates of training for all employees. 20. The alcoholic beverage establishment shall be operated in such a manner so that it or its patrons at no time violate the Petaluma Municipal Code, the Implementing Zoning Ordinance, and/or the Penal Code standards regarding noise generation. Should complaints be received regarding noise disruption the applicant shall take reasonable and practical steps as directed by the Police Chief and Community Development Director to reduce the intensity. number,and/or occurrences of these disruptions. 21. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations. Suspension of the applicant's license by the ABC will constitute sufficient cause or basis for review and possible revocation of a Conditional Use Permit. PUBLIC CONVENIENCE OR NECESSITY CONDITIONS OF APPROVAL Conditions of Approval_ 1. The Planning Commission recommends that, in the name of Public Convenience or Necessity,the ABC issue a Type 42 License to Wilibecs Wines&Spirits at 309 Lakeville Street(APN 007-154-012),with a conditions as. modified in the Conditional Use Pennit. Moved by Teresa Barrett, seconded by Curtis G. Johansen. Vote: Motion carried 7-0. Yes: Curtis G. Johansen; Mariane Hurley; Dennis Elias; Christopher Arras;Teresa Barrett; Melissa Abercrombie; Jennifer Pierre B. TITLE: Implementing Zoning Ordinance Amendment, Planned Community District(P.C.C.) STAFF: Pamela Tuft, Special Projects Manager, DWR&C Proposed amendment to the Implementing Zoning Ordinance pertaining to the regulation of properties designated Planned Community District(P.C.D.). The proposed amendment is intended to confirm the existence and legality of the P.C.D. zoning designation, specifically by amending the following Implementing Zoning Ordinance sections: 4.020, 19.010 and 19.040. (08:32 PM) IZO PCD.Amendment Staff Report IZO Amendement Zoning Map IZO Amendment GP Land Use Map Chair Arras Pamela Tuft, Staff Chair Arras Ms.Tuft Chair Arras Eric Danly, City Attorney Chair Arras Commissioner Pierre Ms. Tuft Commissioner Elias Ms. Tuft Commissioner Elias Ms. Tuft Commissioner Pierre Ms. Tuft Commissioner Elias Ms. Tuft 7 Planning Commission Minutes 11-10-09 Commissioner Elias Ms. Tuft Commissioner Pierre Ms. Tuft Vice Mayor Barrett Commissioner Pierre Ms. Tuft Commissioner Pierre Ms. Tuft Chair Arras Commissioner Elias Ms. Tuft Commissioner Elias Ms. Tuft Geoff Bradley, Contract Planning Manager Commissioner Elias Mr. Bradley Commissioner Elias Ms. Tuft Commissioner Elias Chair Arras Vice Mayor Barrett Chair Arras Public Comment Opened Public Comment Closed Chair Arras Mr. Bradley Chair Arras Commissioner Pierre Chair Arras Mr. Danly Commissioner Elias Motion: Recommend this item for approval by the City Council with modifications to Section 19.040 of the Implementing Zoning Ordinance at staff's discretion to clarify P.C.D. zoning regulations. Moved by Dennis Elias, seconded by Melissa Abercrombie. Chair Arras Vice Mayor Barrett. Chair Arras Commissioner Pierre Commissioner Abercrombie Vote: Motion carried 7-0. Yes: Curtis G. Johansen; Mariane Hurley; Dennis Elias; Christopher Arras;Teresa Barrett;Melissa Abercrombie;Jennifer Pierre 12. APPROVAL OF AGENDA: N/A (09:10 PM) Vice Mayor Barrett Geoff Bradley, Contract Planning Manager Chair Arras Mr. Bradley Chair Arras Mr. Bradley Chair Arras Vice Mayor Barrett Mr. Bradley Chair Arras Commissioner Elias Mr. Bradley 8 Planning Commission Minutes 11-10-09 Commissioner Hurley Mr. Bradley Chair Arras Commissioner Elias Chair Arras Mr. Bradley Chair Arras 13. LIAISON REPORTS: (09:15 PM) Vice Mayor Barrett Chair Arras Mr. Danly Chair Arras Motion: Approve to Adjourn Moved by Curtis G. Johansen, seconded by Dennis Elias. Vote: Motion carried 7-0. Yes: Christopher Arras;Teresa Barrett; Melissa Abercrombie; Dennis Elias; Mariane Hurley; Curtis G. Johansen; Jennifer Pierre 14. ADJOURN For accessible meeting information, please call (707)778-4360 or TDD(707)778-4480(09:19 PM) 9