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HomeMy WebLinkAboutPlanning Commission Resolution 2012-08 06/26/2012 RESOLUTION NO. 2012-08 CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR CORKSCREW WINE BAR WITH LIVE ENTERTAINMENT AT 100 PETALUMA BOULEVARD NORTH, SUITE #103, APN 006-282-023 File No. 12-CUP-0148 WHEREAS, on March 8, 2012, the Community Development Department received an application from Basha Quilici requesting a Conditional Use Permit for a wine bar and live entertainment at 100 Petaluma Boulevard North, Suite #103; and, WHEREAS, bar/nightclub is listed as a conditional use in the 1-6 (urban core) zoning district, within the boundaries of the Central Petaluma Specific Plan; and, WHEREAS, on May 31, 2012 public notice of the hearing before the Planning Commission was published in the Argus Courier and mailed to all property owners and occupants within 500 feet of the subject property; and, WHEREAS, the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 which allows for the conversion of small structures from one use to another where only minor modifications are made to the exterior of the structure; and, WHEREAS, the Planning Commission held public hearings on June 12, 2012 and June 26, 2012 during which the Commission considered the request and received and considered all written and oral public comments which were submitted up to and at the time of the public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the Conditional Use Permit for Corkscrew Wine Bar with live entertainment as described in the project description submitted with the application, which is incorporated herein by reference as fully set forth herein, based on findings made below and subject to conditions of approval attached as Exhibit A hereto and incorporated herein by reference: 1. The Planning Commission determined that the Public Convenience and Necessity would be served by the issuance of an alcoholic beverage license for Corkscrew Wine Bar. The proposed wine bar, which will provide low key live entertainment including jazz, and which will conduct educational events related to wine and food, provides a convenience to the community and contributes to a vibrant mix of uses (food and beverage service/ five entertainment) within the core of the Petaluma downtown. 2. The proposed wine bar conforms to the intent, goals, and policies of the Petaluma General Plan 2025. The subject property has a Mixed Use land use designation, and is located in an area that includes a mix of uses (commercial, retail, offices and service uses). The proposed project is consistent with the General Plan objective to encourage small businesses which foster economic vitality, diversity and opportunity. 3. The proposed wine bar furthers the goals of the City of Petaluma Economic Development Strategic Plan in that it enhances the retail diversity, improves neighborhood commercial districts, and plans for uses along the river in the Downtown, such as Planning Commission Resolution No.2012-08 Page 1 • Goal 1 - Further Diversify the City's Economic Base • Objective 1:1 - Retain basic industries and attract new and complementary businesses to Petaluma. • Goal 4- Increase Tourism • Objective 4.1 - Leverage Petaluma's unique historic, natural and cultural assets to promote heritage, agricultural, ecological, and arts/culture tourism in Petaluma. • Goal 6--Strengthen Petaluma's Retail Sector. • 6.1 - Ensure resident's easy access to shopping by attracting retailers that would expand local choice. • Goal 7- Enhance Vibrancy 8, Attractiveness of Downtown Petaluma. • Objective 7.1 - Maintain and expand Downtown as a hub of commercial and retail activity with residential activities. • Goal 8- Ensure Fiscal Health of the City. • Objective 8.2 - Ensure new commercial development will complement Petaluma's economy, existing businesses, city finances, and quality of life. 4. The proposed wine bar furthers the goals of the Central Petaluma Specific Plan to support existing viable uses and provide new uses that complement and complete the urban fabric. 5. The proposed wine bar is expected to attract a somewhat different and older clientele than some other alcohol establishments in the downtown core which contribute to the City's late night, club and bar scene. 6. The proposed wine bar complements existing full service restaurants in the immediate vicinity as a place to enjoy a glass of wine and live music before or after a meal at a neighboring restaurant. 7. The proposed wine bar also increases the number of establishments in the downtown area available for informal lunch service, creating an additional draw for residents and visitors to the downtown. 8. The proposed wine bar adds outdoor seating along Water Street, contributing to the vitality of the area near the Balshaw Bridge and future downtown railroad trestle pedestrian way. 9. The proposed wine bar will bring additional street traffic to an area of the downtown which sees less nighttime use than other areas, including an increased presence on Water Street, thereby expanding the vibrancy of the downtown as a whole. 10. Although the proposed wine bar is located in a census tract with an undue concentration of retail alcohol licenses, upon further review, the Petaluma Police Department testified at the public hearing on June 12th that of the existing licenses, only four were wine and beer licenses, and only one other was the type of ABC catering license also sought by the proposed wine bar. The total in the census tract includes 16 special licenses, 27 restaurant/bars, 10 bars, 9 markets, and only 4 other wine bars. Therefore the number of wine bars in this very large census tract is not excessive. 11. The sale of alcohol for the proposed wine bar will not create a nuisance or be detrimental to the public health or welfare based on conditions of approval for the associated Conditional Use Permit including limited hours of operation, performance standards for noise impacts, and established revocation process should nuisances repeatedly occur as a result of the wine bar: 12. Pursuant to City Council Resolution No. 96-056 N.C.S., the Police Department reviewed the above referenced application and provided testimony at the Planning Commission hearing that there is no evidence that there is an increase in incidents associated with existing wine Planning Commission Resolution No. 2012-08 Page 2 bars in downtown Petaluma and therefore an increased burden for police services is not anticipated for the proposed wine bar. 13. Pursuant to City Council Resolution No. 96-56 N.C.S., the Fire Marshal's office reviewed the above referenced application and indicated that no increased burden for fire prevention services is anticipated for the proposed wine bar. 14. The proposed wine bar with live entertainment meets the requirements of Section 24.030.G of the Implementing Zoning Ordinance, Conditional Use Permit, as based on the findings made above and as follows:. 15. The site, location are suitable for the proposed use and the building is compatible with its environment. The proposed wine bar with live entertainment is not located in the vicinity of schools, libraries, playgrounds, churches, or hospitals. The intensity of the proposed wine bar use is compatible with the surrounding area, and contributes to a vibrant mix of uses within the core of the Petaluma downtown, as described in the above findings. 16. The hours of operation proposed (11:30 a.m. to 11:00 p.m. Sunday through Thursday (closed Mondays) and 11:30 a.m. to 12:00 a.m. on Fridays and Saturdays) are consistent/compatible with other drinking/restaurants establishments in the area. 17. As conditioned, the proposed wine bar with live entertainment will be subject to and required to operate within the City Performance Standards (Chapter21 of the IZO). 18. The subject property is located within the Petaluma Downtown Parking Assessment District and no on-site parking is required. In addition, the subject property is within the boundaries of the Central Petaluma Specific Plan and pursuant to SmartCode© Section 6.10.070 effective January 1, 2008, there are no minimum parking requirements in the CPSP. ADOPTED this 26th day of June, 2012, by the following vote: Co`mmissione'r Aye - :No Absentl ° -Abstain Abercrombie X Elias X Herries X Chair Johansen X Kearney X Vice Chair Pierre X Wolpert X Planning Commission Resolution No.2012-08 Page 3 0 Curt Johansen, Chair ATTEST: APPROVED AS TO FORM: Alt II. He• t er Hines, Corn i ission Secretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2012-08 Page 4 CUP'CONDITIONS OFD APPROYVAL Exhibit A Corkscrew Wine Bar 100 Petaluma Boulevard North, Suite #103 APN 006-282-023 File No. 12-CUP-0148 Planning Division 1. This Conditional Use Permit authorizes Corkscrew Wine Bar with live entertainment to operate at 100 Petaluma Boulevard North, Suite #103, APN 006-282-023. This approval is based on the plans and use description submitted to the Planning Division on March 8, 2012 and supplemental information dated April 17, 2012. 2. Hours of operation shall be limited to 11:30 a.m. to 11:00 p.m. Sunday through Thursday (closed Mondays) and 1 1 :30 a.m. to 12:00 a.m, on Fridays and Saturdays. 3. The wine bar is not considered a full service restaurant and no cooking shall take place on site. Minimal food service (i.e., cheese trays, nuts & olives, cheese fondue, or Panini sandwiches, salads and desserts) is allowed. 4. Live entertainment (with amplification) shall be limited to four nights per week, primarily on weekends. All live entertainment shall taking place inside the bar and shall not be permitted in the outdoor seating area. 5. No exterior speakers shall be permitted for the amplification of the live entertainment to carry to the outdoor area. 6. Typical entertainment shall consist of or be of a similar nature to a solo performer or a trio and the type of music would typically be a classical guitar,jazz, or blues. 7. The operation of the proposed wine bar and the live entertainment shall be in conformance with requirements of the City's Performance Standards in the Implementing Zoning Ordinance (Chapter 21). 8. The Conditional Use Permit includes but is not limited to periodic tastings, wine seminars or other educational wine and food related events, primarily but not exclusively related to local products. Seating shall accommodate up to 37 patrons (15 seats indoor and 22 seats in the outdoor seating area). 9. Administrative Site Plan and Architectural Review for minor exterior modifications to the exterior of the existing building, include changing an existing window to a double door (facing Petaluma Boulevard North) and adding an outdoor seating area shall be reviewed following the Commission's decision on the Conditional Use Permit and the Determination for Public Convenience or Necessity for the new wine bar. 10. Any physical expansion of the wine bar or expansion of the nature of the business (type of ABC license, etc.) shall require an amendment to this Conditional Use Permit. 11. A Conditional Use Permit for the wine bar and live entertainment 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 Planning Commission Resolution No.2012-08 Page 5 characteristics. At such time, the Commission may revoke the Conditional Use Permit or/add modify conditions of approval. 12. 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. Petaluma Police Department 13. The operation of wine bar with live entertainment shall be the responsibility of the permittees personally, or of a manager or designated responsible employee of the permittee, at all times. The permittee 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. 14. The permittees personally or a manager or a designated responsible employee shall be on the premises at all times during the conduct of business. 15. Bar personnel shall check identification (I.D.) at the designated wine bar to insure patrons are of legal age'to consume alcohol. 16. 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 beverage establishment shall maintain on the premises a file containing the certificates of training for all employees. 17. The wine bar with live entertainment 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. 1.8. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations. Suspension of the applicant's license by the ABC may constitute sufficient cause or basis for review and possible revocation of a Conditional Use Permit. Planning Commission Resolution No. 2012-08 Page 6