HomeMy WebLinkAboutPlanning Commission Resolution 2014-29 09/23/2014RESOLUTION NO. 2014-29
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR
VALERO AT 532 EAST WASHINGTON STREET
APN 007-061-043 and -042
File No. PLMA-14-0001
WHEREAS, Arash Salkhi submitted applications for a Conditional Use Permit,
determination of Public Convenience or Necessity (PCN), and Site Plan and Architectural
Review for the construction of a new Valero convenience store, landscaping and associated
site improvements located at 532 East Washington (the "Project"); and
WHEREAS, the project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically exempt
pursuant to CEQA Guidelines Section 25301, Class 1, Existing Facilities, section e.2, which allows
additions to existing structures provided that they are less than 10,000 square feet on sites where
public services and facilities are available and where the area is not environmentally sensitive;
and
WHEREAS, on September 11, 2014 public notice of the hearing before the Planning
Commission was published in the Argus Courier and mailed to all property owners within 500 feet
of the subject property and occupants of the adjacent multifamily complex; and,
WHEREAS, the Planning Commission held a public hearing on September 23, 2014 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; and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the
Conditional Use Permit for the Valero gas station and convenience store as described in the
project statement submitted with the application, which is incorporated herein by reference,
based on findings made below and subject to conditions of approval attached as Exhibit 1:
1. The existing gas station received a Conditional Use Permit in 1969 specifically to
allow the addition of one service bay (and the paving of the adjacent lot to
south) to the existing service station. The proposed project maintains and
expands the convenience store component of the existing gas station use of the
site.
2. The proposed project conforms to the goals and policies of the Petaluma
General Plan 2025. The subject property has a Mixed Use land use designation
and is surrounded by a mixture of commercial, service, and residential uses. The
MUTA zoning is consistent with the Mixed Use land use designation and the
proposed use is conditionally permitted.
3. The proposed project is consistent with Goal 8 and Objective 8.2 of the City of
Petaluma Economic Development Strategic Plan in that it provides aesthetic
improvement to the existing gas station, expands the convenience store
Planning Commission Resolution No. 2014-29 Page 1
component of the use, and complements other existing uses on the Washington
Street corridor.
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 improvements to the existing gas station and reconstruction of an
expanded convenience store, as conditioned, will conform to the requirements
and intent of the Implementing Zoning Ordinance, specifically, the gas station
use (inclusive of the convenience store) is suitably located on the East
Washington Street corridor and in proximity to other auto related uses.
5. The proposed project strengthens the visual character of the corner site at East
Washington and Edith Streets by providing a variety of architectural materials,
textures and color and more than 3,400 square feet of landscaping.
6. The enlarged convenience store is located approximately 15 feet from the rear
property line, adjacent to a residentially zoned and used property. The
elimination of existing outdoor storage, creation of a landscaped rear setback,
and repair of the existing screening fence will reduce existing impacts to
residential users on the adjacent parcel.
7. Operational hours for the expanded convenience store are shorter than existing
hours and will reduce negative impacts from late night activity to the adjacent
residential use.
8. The proposed electrical vehicle charging station is consistent with General Plan
Policy 4-P-10 to provide chargers at remodeled stations to improve air quality by
reducing the generation of air pollutants.
9. The proposed project, as conditioned, has been designed to reduce impacts to
adjacent residential uses by screening all roof -mounted mechanical units,
providing down cast lighting fixtures on the rear of the building, and limiting
illuminated signage to the front fapade facing East Washington Street.
10. The expansion of the convenience store component of the gas station use and
site improvements, as conditioned, is consistent with those standards listed in the
Implementing Zoning Ordinance Section 24.030G in that the project continues
the existing gas station use, incorporates appropriate screening for the propane
filling area and air and water pump station, maintains existing ingress, egress, and
internal circulation, and provides onsite parking consistent with applicable
requirements. Hours of operation are 5:00 a.m. to 11:00 p.m. which is reduced
from current operational hours.
11. The proposed project is a suitable commercial activity on a major arterial. The
intensity of activity of the proposed convenience store is compatible with the
surrounding area with improvements that enhance the Washington Street
corridor and include removal of the existing service bays and the outdoor storage
adjacent to the two residential uses, replacement of asphalt with landscaping,
and dark sky compliant lighting.
Planning Commission Resolution No. 2014-29 Page 2
12. Based on the following, the proposed project, as conditioned, will not constitute
a nuisance or be detrimental to the public welfare of the community:
a. Odors/Noise: All activity associated with the enlarged convenience store
shall occur within the building. The new convenience store is not anticipated
to generate significant increase in the trips to the existing gas station and is
therefore not anticipated to increase noise or odors as a result of the
continued use of the site.
b. Performance Standards: The Implementing Zoning Ordinance Performance
Standards include regulations related to noise, odors, light, and glare and the
project is required to comply with these requirements.
c. Uniform Building Code: All work is required to be performed in compliance
with the Uniform Building Code.
ADOPTED this 23rd day of September, 2014, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Benedetti-Petnic
X
Lin
X
Gomez
X
Marzo
X
Councilmember Miller
X
Vice Chair Pierre
X
Chair Wolpert
X
ATTEST:
Hde
;bther Hines, C mission Secretary
Bill Wolpert, Chair
APPROVED AS TO FORM:
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2014-29 Page 3
EXHIBIT 1
CUP CONDITIONS OF APPROVAL
VALERO CONVENIENCE STORE
532 EAST WASHINGTON STREET
APN 007-061-043 and -042
File No. PLMA-14-0001
1. This Conditional Use Permit authorizes Valero to operate as a gas station with
convenience store and appurtenant facilities at 532 East Washington Street.
2. At no time shall business activities exceed Performance Standards specified in
Implementing Zoning Ordinance Section 21.040 and/or the General Plan,
3. The hours of operation shall be 5:00 a.m. to 11:00 p.m. Sunday through Saturday; one
hour less than the current hours of 5:00 a.m. to midnight and consistent with other gas
stations and commercial businesses in the area.
4. New wood slats shall replace the older and damaged redwood slats in the chain-link
fence on the south property line adjacent to the apartment building driveway. An
evergreen shrub hedge shall be planted on the Valero side of the south property line to
reinforce the screening at ground level should the slats be damaged.
5. All unapproved banners, flags and signs shall be removed.
6. Signs are not included in this approval. Signs require separate approval of a sign permit
from the Community Development Department prior to installation.
7. The construction of the convenience store shall be consistent with plans approved by the
Planning Commission through Site Plan and Architectural Review.
8. The site shall be kept cleared at all times of all garbage and debris. No outdoor storage
is permitted.
9. Proposed wall -mounted light fixtures shall be downlights and be dark sky compatible with
house side shields so as not to cause light or glare trespass onto adjacent properties.
10. The applicants/developers shall defend, indemnify, and hold harmless the City or any of
its boards, commission, agents, officers, and employees from any claim, action or
proceeding against the City, its boards, commission, agents, officers, or employees to
attack, set aside, void, or annul, the approval 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
if the City bears its own attorney's fees and costs, and the City defends the action in
good faith.
Planning Commission Resolution No. 2014-29 Page 4