HomeMy WebLinkAboutPlanning Commission Resolution 2010-06 07/06/2010RESOL~TION NO. 2010-06
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APPROVING THE SITE PLAN AND ARCHITECTURAL PLAiVS FOR
BEYOND THE GLORY PROJECT, LOCATED AT
1395 NORTH MCDOWELL BOULEVARD, ASSESSOR'S PARCEL NO. 007-411-019
File No. 10-SPC-0148
WHEREAS, Shawn Montoya, Montoya and Associates, project architect, submitted an
application for Site Plan and Architectural Review for the purpose of developing a 7,500 square
foot restaurant/bar, Beyond the Glory, "the Project" on real property located at 1395 North
McDowell Boulevard, Assessor's Parcel No. 007-411-019 (the "subject p~operty"); and,
WHERfAS, an Environmental Impact Report (EIR) was prepared for the Redwood
Technology Planned Unit District. The City Council adopted Resolution No. 2003-049 N.C.S. on
March 17, 2003, certifying the EIR in compliance with the California Environmental Quality Act
("CEQA"), adopting CEQA findings and a Statement of Overriding Considerations and
approving a Mitigation Monitoring Program. The subject property and the proposed use were
evaluated as part of the EIR; and,
WHEREAS, the subject property was zoned Planned Unit District-Redwood Technology
PUD on March 17, 2003 by Resolution No. 2003-051 N.C.S.. The building footprints and certain
associated site improvements for the subject property were approved as part of the Redwood
Technology PUD, which allows for restaurants as a permitted use; and,
WHEREAS, Site Plan and Architectural Review of the Project was conducted by the
Planning Commission at a duly noticed public hearing on July 6, 2010 in accordance with the
City of Petaluma Implementing Zoning Ordinance, Section 24.010.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves
the Site Plan and Architectural Plans for the Project and authorizes construction of site
improvements for the Project contained in said plans based on the findings made below
and subject to conditions of approval attached as Exhibit A hereto and incorporated
herein by reference:
l. The City Council adopted Resolution No. 2003-049 N.C.S. on March 17, 2003 certifying an
EIR for the Redwood Technology Planned Unit District pursuant to CEQA, adopting CEQA
findings and a Statement of Overriding Considerations and approving a Mitigation
Monitoring Program. The subject property and the proposed use were evaluated as part
of the 2003 EIR, and the 2003 EIR adequately describes the proposed use. There are no
changes to the Project and no new or changed conditions which require additional
environmental evaluation of this previo~~sly approved use.
The project is not located on a site listed on any Hazardous Waste Site List compiled by
the State pursuant to Section 65962.5 of the California Government Code.
3. The Project, as conditioned will not constitute a nuisance or be detrimental to the public
welfare of the community because it conforms to the Petaluma Implementing Zoning
Ordinance ("IZO"). The Project site is zoned Planned Unit District (PUD) and is part of the
Planning Commission Resolution No. 2010-Ob Page 1
Redwood Technology PUD. The subject property and the proposed use were evaluated
as part of ihat project. The PUD allows for restaurants as a permitted use.
The project as conditioned will conform to the intent, goals and policies of the Petaluma
General Plan 2025. The General Plan contains objectives and policies which encourage
the use of commercial lands for economic activities that contribute to local employment
and income and which encourage small and locally owned businesses.
The proposed project is consistent with the goals, policies and programs of the General
Plan 2025:
2-P-5 Strengthen the visual and aesthetic character of major arterial corridors.
2-P-91 Promote walkability by clustering business parks and increasing pedestrian
linkages between office structures and nearby commercial and restaurant uses.
9-G-1 Establish and diverse and sustainable local economy that meets the needs of the
community's residents and employers.
4-P-15 D Use of high efficiency heating and other appliances, such as cooking equipment,
refrigerators, and furnaces, and low NOx water heaters.
Comply with or exceed requirements of CCR Title 24 for new commercial
buildings.
4-P-16 To reduce combustion emissions during construction and demolition phases, the
contractor of future individual projects shall encourage the inclusion in
construction contracts of the following requirements or measures:
• Maintain construction equipment engines in good condition and in
proper tune per manufacturer's specification for the duration of
construction;
• Minimize idling time of construction related equipment, including heavy-
duty equipment, motor vehicles, and portable equipment;
• Use alternative fuel construction equipment (i.e., compressed natural gas,
liquid petroleum gas, and unleaded gasoline);
• Use add-on control devices such as diesel oxidation catalysts or
particulate filters;
~ Use diesel equipment that meets the ARB's 2000 or newer certification
standard for off-road heavy-duty diesel engines;
• Phase construction of the project; and
~ Limit the hours of operation of heavy duty equipment.
5-G-5 Bicycle and Pedestrian Improvements- Create and maintain a safe,
comprehensive, and integrafied bicycle and pedestrian system throughout
Petaluma that encourages bicycling and walking and is accessible to all.
The proposed modification as conditioned will not constitute a nuisance or be
detrimental to the public welfare of the community because it will be operated in
conformance with the Performance Standards specified in the Uniform Building Code
and the Petaluma Zoning Ordinance.
The proposed project, as conditioned, conforms to the requirements of Site Plan and
Architecture Review Standards for Review of Applications, 24.O10.G.1 of the
Implementing Zoning Ordinance, as:
a. The proposed design uses a variety of materials, including cement plaster,
horizontal cement fiber board siding, and brick veneer, to provide visual interest.
The proposed building is compatible with the general design of the neighboring
building within the Redwood Technology PUD, the Club One fitness building, and
Planning Commission Resolution No. 2010-Ob Page 2
other existing commercial development at the intersection of Old Redwood
Highway and North McDowell Boulevard. The additional use of inetal detailing
such as the entry canopy and shade trellis and awnings provides simple reliefs to
the elevations.
b. The architectural style is appropriate for the restaurant building, is compatible
with other buildings within the Redwood Technology PUD, and improves the
overall character of commercial development at the corner of North McDowell
and Old Redwood Highway. The building is compatible yet clearly differentiated
from surrounding buildings.
c. The siting of the structure completes development at the intersection of North
McDowell and Old Redwood Highway. The building is sited and designed to
interact with the public right-of-way along McDowell Boulevard through the use
of glazing, building articulation, and the placement of the outdoor dining area.
The southwest elevation along Old Redwood Highway provides glazing and
focused interaction closer to the corner and utilizes landscaping as a buffer.
d. The proposed building is compatible in bulk, height, and color with other
structures in the immediate neighborhood. The building is smaller in bulk and
height to the neighboring office building, making it well suited for its location at
the intersection. The proposed color palette includes olive for the cement plaster
walls with a darker olive color for the horizontal siding. The entry tower will be a
compatible accent color which will add contrast and definition to the building.
The proposed colors and materials are compatible with surrounding buildings.
ADOPTED this bfh day of July 2010, by the following vote:
Abercrombie X
Barrett X
Second Vice Chair Elias X
Herries X
H urley X
Vice Chair Johansen X
Pierre X
Curtis Johansen, Vice Chair
ATTEST: APPROVED AS TO FORM:
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Ge ff Bra y, ommission Secreta Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No. 2010-06 Page 3
EXN181T A
CONDITIONS OF APPROVAL
Beyond the Glory
1345 North AhcDowetl Boulevard
APN 007-411-O19
City File Number: 10-SPC-0148-CR
From Planninq:
Before issuance of any development permit, the applicant shall revise the site plan or other
first sheet of the office and job site copies of the Building Permit plans to list these
Conditions of Approval as notes.
2. The plans submitted for bui{ding permit review sha11 be in substantial compliance with the
plans date stamped June 29, 2010.
3. All conditions and or mitigation measures adopted in conjunction with the Redwood
Technology Planned Unit District project are herein incorporated by reference as
conditions of project approval (Resolution No. 2003-051 N.C.S, Resolution No. 2003-049
N.C.S, Resolution No. 2003-050 N.C.S and Ordinance No. 2147 N.C.S.).
4. Upon approval by the Planning Commission, the applicant shall pay the Notice of
Determination fee to the Planning Division and State Department of Fish and Game fee to
the project Planner, by means of check(s) made payable to the Sonoma County Clerk (as
of May 2009 the Notice of Determination filing fee is $50; as of January, 2010, the Fish and
Game fee is $2,010.25; applicant shall contact the County Clerk at (707) 944-5500 to
confirm amounts prior to submitting checks). Planning staff will file the Notice of
Determination with the County Clerk's office within five (5) days of receiving Council
approval, provided required fees have been timely paid by the applicant.
5. Prior to building permit issuance, the Green Points Checklist shall be submitted and the
building plans shall depict/note the relevant measures, meeting the minimum requirement
of fifty points.
Prior to building or grading permit approval, all plans shall note fhe following and all
construction contracts shall include the same requirements (or measures shown to be
equally effective, as approved by planning staff), in compliance with General Plan Policy
4-P-16:
• Maintain construction equipment engines in good condition and in proper tune per
manufacturer's specification for the duration of construction;
~ Minimize idling time of construction related equipment, including heavy-duty
equipment, motor vehicles, and portable equipment;
• Use alternative fuel construction equipment (i.e., compressed natural gas, liquid
petroleum gas, and unleaded gasoline);
~ Use add-on control devices such as diesel oxidation catalysts or particulate filters;
• Use diesel equipment that meets the ARB's 2000 or newer certification standard for
off-road heavy-duty diesel engines;
• Phase construction of the project; and
• Limit the hours of operation of heavy duty equipment.
Planning Commission Resolution No. 2010-Ob Page 4
Prior to the issuance if a building permit for a new commercial structure, those plans shall
note: the installation of high efficiency heating equipment 90% or higher heating/furnaces)
and low NOx water heaters (40 or less) in compliance with General Plan Policy 4-P-15D.
8. Prior to issuance of a grading/ building permit, the applicant shall provide a lighting plan
for planning staff review and approval. Said lighting plan shalf include exterior light
locations and details of the proposed fixture type and the luminens. All lighting shall be
glare-free, hooded and downcast in order to prevent glare into bicyclists' and pedestrians'
eyes, including those in vehicles.
The proposed project shall conform to the minimum number of required parking for 11
bicycles. The plans as submitted provide 4 bike racks near the entrance (to accommodate
a total of 8 bicycles) and 3 bike lockers adjacent to the trash enclosure. The bike racks
shall be the inverted-U style as indicated in the bike plan, unless approved by staff. Said
bike racks shall be installed prior to final inspection/certificate of occupancy.
10. The project shall be subject to payment of all applicable development impact fees and
water and wastewater capacity fees. Said fees are due at time of issuance of building
permits, or at such other time as specified in the City legislation and/or regulations
pertaining to each said fee or charge. At the time of issuance of building permits,
pertinent fees other than development impact fees and/or water and wastewater
capacity fees may be applicable to the proposed p~oject pursuant to City ordinance or
regulation and will be required and payable to the extent they are applicable.
1l. The project sha11 be subject to paymenfi of its fare share of the cost of infrastructure
improvements as part of the Highway 101 /Old Redwood Highway project consistent with
the 2003 Redwood Technology Center tIR and the Redwood Technology Center PUD,
including mitigation measures CIR l, CIR 2, and CIR 3.
12. Signs are not approved as part of this project proposal. A Sign Program amendment for the
Redwood Technology PUD will be required as the sign program did not address signage for
this business. Prior to final inspection, the sign program amendment shall be reviewed and
approved by staff for consistency with the Redwood Technology Sign Program and the
sign ordinance. The sign program amendment shall prohibit interior illuminated can signs.
13. All outdoor mechanical equipment , satellite dishes, fire main and all rooftop equipment
shall be shown on plans submitted for building permit and shall be fully visually screened to
the satisfaction of staff.
14. In the event that archaeological remains are encountered during grading, work shall be
halted temporarily and a qualified archaeologist shall be consulted for evaluation of the
artifacts and to recommend future action. The local Native American community shall
also be notified and consulted in the event any archaeological remains are uncovered.
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 pe~mitted 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 condiiion 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
Planning Commission Resolution No. 2010-06 Page 5
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 Public Works (Enqineerinq Divisionl:
Development Engineering has reviewed fhe subject application and requires the following
conditions of approval. All conditions of approval shall be fulfilled, to the satisfaction of the City
Engineer; prio~ to performing the final project inspection unless otherwise noted.
16. Direct pedestrian access shall be installed from the public sidewalk on North McDowell
Blvd to the front of the proposed restaurant entrance at the sole expense of the applicant.
17. The project shall be constructed in accordance with the City's Floodplain Regulations and
conditions of approval and mitigation measures from the Redwood Technology Center
Project/EIR. The finished flood elevation shall be installed at least two feet above the 100-
year flood elevation. An elevation certificate, based on final construction, shall be
submitted to the Public Works Department for review and approval.
18. Relocate the existing 12-inch storm drain line from underneath the proposed building/pad.
19. All portions of existing broken, cracked, displaced curb and sidewalk/driveway
approaches along the North McDowell Blvd. frontage shall be removed and replaced per
City Standards.
20. All sidewalk and driveway approaches within the public right of way shall be ADA
accessible/compliant.
21. The proposed trash enclosure(s) shall be covered in accordance with City Storm Water
Regulations.
22. Submit a public improvement plan application including plans and fees for all work within
the public right of way.
23. The final site plan for building permit submittal and improvement plans shall be prepared,
sealed and signed by a registered Civil Engineer.
24. All improvements shall be installed per the latest City standards, design criteria and
policies.
From the Fire Marshal:
25. Minimum fire flow for buildings shall be calculated as specified in the 2007 California Fire
Code Appendix B, "Fire Flow Requirements for Buildings." Please be advised that if building
fire flow calculations cannot be made at the time of project submittal, the following fire
flows shall apply:
~ Single and Two Family Residential: 1500 GPM at 30 psi residual
o Commercial, Industrial, and Multifamily Residential: 2500 GPM at 30 psi residual.
o When building fire flows are submitted, these flows shall be adjusted in
accordance with Appendix III-A except that for all fire flows, the
minimum pressure shall be 30 psi.
Planning Commission Resolution No. 2010-Ob Page 6
Proof that the required fire flow shall be provided to fhe Fire Marshal's office prior to
issuance of the building permit. The FMO will not accept less than minimum fire flow
and pressure and it will be the developer's responsibility to make private and/or
public improvements to the system to meet the water flow demands of the project.
SPRINKLERS
26. All commercial building/s ~or portions thereof) shall be protected by an automatic fire
sprinkler system as required by the City of Petaluma Municipal Code and shall conform to
NFPA 13 requirements. The fire sprinkler system shall be provided with central station alarm
system designed in accordance with NFPA 72. A local alarm shall be provided on the
exterior of the building AND a normally occupied location in the interior of the building. All
systems require 3 set of plans to be submitted to the FMO for review and approval.
GENERAL
27. Provide an approved automatic fire extinguishing system to protect all cooking
equipment. System shall be a wet-foam system.
• Fixed fire extinguishing systems shall be installed by a licensed contractor. Contractor
shall obtain the required from, and submit three (3) sets of plans for review by the Fire
Marshal. Systems are subject to testing and inspection by the Fire Marshal's office
prior to acceptance.
o Provide a type "K" fire extinguisher in the kitchen as required by the Petaluma Fire
Marshal's office.
From the Water Resources and Conservation Department:
28. Plans submitted for a building permit shall show the utility details, such as meter sizes,
sewers, grease traps, etc.
Standard Desiqn Review Conditions:
29. External downspouts shall be painted to be compatible with the proposed building colors.
Scuppers without drainage pipes may not be installed because of probable staining of
walls (overflow scuppers are excepted).
30. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall
be permitted.
31. All planting shall be maintained in good growing condition. Such maintenance shall
include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash,
f~rtilizing and regular watering. Whenever necessary, planting shall be replaced with other
plant materials to insure continued compliance with applicable landscaping requirements.
Required irrigation systems shall be fully maintained in sound operating condition with
heads periodically cleaned and replaced when missing to insure continued regular
watering of landscape areas, and health and vitality of landscape materials.
32. Construction activities shall comply with applicable Zoning Ordinance and Municipal
Code Perfarmance Standards (noise, dust, odor, etc.) unless as otherwise
noted/conditioned above or in the initial study/environmental document.
33. Herbicides/pesticides shall not be applied in areas used by pedestrianslbicyclists within the
project without first providing appropriate signs warning of the use of chemicals. The
project shall utilize Best Management Practices regarding pesticide/herbicide use and fully
Planning Commission Resolution No. 2010-06 Page 7
commit to Integrated Pest Management techniques for the protection of bicyclists and
pedestrians.
34. All trees shall be a minimum fifteen (15) gallon size, unless otherwise specified smaller (5
gallon) may be considered in areas not subject to high pedestrian access or based on site
specific and design purposes and larger (24" box sized) and installed to City planting and
staking standards; trees may be recjuired in highly visible areas; all shrubs shall be five
gallon size. All planted areas not improved with lawn or other groundcover material shall
be protected with a two-inch deep organic mulch as a temporary measure until the
ground cover is established.
35. All plant material shall be served by a City approved automatic underground irrigation
system.
36. All street trees and other plant materials within the public right-of-way shall be subject to
inspection by the project landscape architect or designer prior to installation and by City
staff prior to acceptance by the City, for conformance with the approved quality
specifications.
37. All tree stakes and ties shall be removed within one year following installation or as soon as
trees are able to stand erect without support.
38. Public utility access and easement locations and widths shall be subject to approval by
PG8~E, Pacific Bell, SCWA, all other applicable utility and service companies and the City
Engineer and shall be shown on the plans.
39. All work within a public right-of-way requires an encroachment permit from the Public
Works Department.
1472791.1
Planning Commission Resolution No. 2010-Ob Page 8