HomeMy WebLinkAboutPlanning Commission Resolution 2016-01 03/08/2016RESOLUTION NO. 2016 -01
CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE
BLOCK PROJECT LOCATED AT 101 EAST WASHINGTON AVENUE
APN: 007 - 121 -020
FILE NO: PLSR -15 -0016
WHEREAS, Charles Hildreth submitted an application for Site Plan and Architectural Review, on
behalf of property owner Richard De Carli, for 'The Block' ( "Project "), an outdoor restaurant with
outdoor dining served by up to four (4) food trucks and an on -site kitchen, to be located at a paved
area behind the existing Autozone parking lot at 101 E. Washington Street (between Grey and Baylis
Streets), at APN 007 -121 -020, within the Urban Center (T5) Zone;
WHEREAS, the Project would rehabilitate one existing structure for beverage service and office
uses, install a new retrofitted shipping container for food preparation /cooking and restrooms, place
fencing and landscaping to define dining and parking areas, provide pedestrian and vehicle access
from Grey Street and egress -only for food trucks to Baylis Street, and include thirty -three (33) off - street
vehicular parking spaces; and
WHEREAS, prior to acting on this Site Plan and Architectural Review application, the Planning
Commission considered staff reports dated January 26, 2016 and March 8, 2016, including the California
Environmental Quality Act (CEQA) determination included in the March 8, 2016 Planning Commission
staff report; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider Site Plan and
Architectural Review application on January 26, 2016 and March 8, 2016; and
WHEREAS, prior to conducting a public hearing for the Project, public notice was published in the
Argus Courier, mailed to residents and occupants within 500 feet of the Project site, in compliance with
state and local law; and
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. Based on the staff report, staff presentation, comments received and the public hearing, the
Planning Commission makes the following findings based on substantial evidence in the record:
General Plan
1. The Project is consistent with the Mixed Use General Plan land use designation because the
project includes a commercial use that would result in a floor area ratio (FAR) below 0.80.
2. The Project conforms to the following General Plan policies: Goal 1 -G -1 (Land Use Mix), Policy
1 -P -1 (Range of Land Uses), Policy 1 -P -2 (In -Fill Development), Policy 2 -P -1 (Development
Within UGB), Policy 2 -P -1 1 (Building Rehabilitation and Development Reflective of Petaluma's
History), Policy 5 -P -1 (Interconnected Mobility System), Policy 5 -P -19 (Pedestrian Friendly
Design), Policy 5 -P -21 (Pedestrian Connectivity), Policy 5 -P -23 (Pedestrian Access), Policy 5 -P-
31 (Bicycle Support Facilities), Policy 9 -P -14 (Retail Uses), Policy 9 -P -16 (Retail Concentrations),
Planning Commission Resolution No. 2016 -01 Page 1
and Policy 9 -P -17 (Retail Rehabilitation).
Central Petaluma Specific Plan
3. The project is consistent with the following Central Petaluma Specific Plan policies: Goal 1
(Enhance Central Petaluma's identity and unique sense of place); Goal 4 (Enhance the
livability of Central Petaluma); Goal 5 (Establish a pedestrian scale within the public realm);
Goal 6 (Maintain visual landmarks); and Goal 7 (Emphasize creativity and sustainability in
design).
4. Pursuant to SmartCode §8.10.020(H) (2), a Warrant is hereby approved for deviations from the
following development standards: (a) Building Frontage; (b) Building Placement; (c) Building
Height; (d) Ground to Floor Height; (e) Ground Floor Depth; and (f) Parking Location. This
Warrant would permit a practice that is inconsistent with specific provisions of the
SmartCode but is justified since: (a) it would not result in a substantial impediment to future
redevelopment of the site to the urban form and use envisioned by the SmartCode; and (b)
the project aligns with the SmartCode's intent statements by instituting a unique outdoor
public gathering space that reinforces community identity through views of the surrounding
landscape (e.g., Petaluma River) and historic building architecture (e.g., Dairymen's Feed &
Supply).
Implementing Zoning Ordinance
5. All the required findings for Site Plan and Architectural Review approval found at
Implementing Zoning Ordinance §24.010 (G) (1) can be made, as follows:
a) A proposed intermodal shipping container is durable by design and material. The
proposed rehabilitated structure, with implementation of a condition requiring four -sided
architecture, would be in harmony with the overall design. Though the structural
elements of the project are minimal, they are in harmony with and conducive to the
outdoor nature of the proposed use. The project's structural elements are minimal with
an existing concrete surface retained. For these reasons, the Project proposes an
appropriate use of quality materials and harmony and proportion of the overall design.
b) The Central Petaluma Specific Plan indicates, at Appendix B (Architectural Guidelines),
that simple building forms, industrial materials and utilitarian detailing are appropriate for
this area. It also notes that the Dairyman's Feed & Supply and Hunt & Behrens structures
have already introduced complex and random window patterns and angular forms to
the area which could be adopted and elaborated to create unique architectural
solutions. The project opts for the former approach through the use of shed and flat roofs
and, in doing so, is compatible with the overall character of the neighborhood. For these
reasons, the Project's architectural style is appropriate for the project in question, and
compatible with the overall character of the neighborhood.
c) The siting of existing buildings in the area bound by the Petaluma River, Lakeville Street
and East Washington Street is highly irregular. Examples of this contrast include an urban
mixed -use building, suburban shopping center, and industrial working yards. The Project
would be compatible with this diverse mixture of building siting. For these reasons, the
Project's siting of structures on the property is compatible with the siting of other
structures in the immediate neighborhood.
d) No signage is proposed with this application. Thus, this finding is not applicable.
e) The Project's buildings are significantly smaller in scale when compared to surrounding
buildings. However, a stark contrast between building scales is appropriate since the
project would not result in a substantial impediment to future redevelopment of the site
Planning Commission Resolution No. 2016 -01 Page 2
to the urban form and use envisioned by the SmartCode and which would be consistent
with the immediate neighborhood. For these reasons, the Project's bulk, height, and
color are consistent with the bulk, height, and color of other structures in the immediate
neighborhood.
f) Existing trees shall be preserved wherever possible, and shall not be removed unless
approved by the Planning Commission. The Project site is paved and excludes existing
trees. As proposed, the project would result in the planting of a variety of trees, shrubs,
vines and herbs both within planters boxes and within the ground along the northern
property line. These plantings, when combined with new and rehabilitated buildings,
fencing and lighting, result in landscaping in keeping with the character and design of
the site. For these reasons, the Project's landscaping is to approved City standards and in
keeping with the character or design of the site.
g) The provision of access from Grey Street, as opposed to Baylis Street, separates the
project's customer traffic from existing commercial trucks utilizing Baylis Street and
Copeland Street. The project would also construct a new public sidewalk on the east
side of Grey Street from East Washington Street to its primary entrance. For all these
reasons, the project promotes the safety and convenience of both vehicular and non -
vehicular circulation. For these reasons, the Project's ingress, egress, internal circulation
for bicycles and automobiles, off - street automobiles and bicycle parking facilities and
pedestrian ways is designed as to promote safety and convenience, and conforms to
approved City standards, as conditioned.
C. The Planning Commission finds the Project to be categorically exempt from CEQA, under CEQA
Guidelines § 15332 (In -Fill Development Projects), based on the substantial evidence presented in
the March 8, 2016 Planning Commission staff report. The Planning Commission also finds the
project not subject to any of the exceptions to the use of a categorical exemption at CEQA
Guidelines § 15300.2.
D. Based on its review of the entire record herein, including the January 26, 2016 and March 8, 2016
Planning Commission staff reports, all supporting, referenced, and incorporated documents and
all comments received and foregoing findings, the Planning Commission hereby approves Site
Plan and Architectural Review for the Project, subject to the conditions of approval at Exhibit A.
ADOPTED this 8i" day of March, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Covncilmember Barrett
X
Vice Chair Benedetti - Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
Planning Commission Resolution No. 2016 -01 Page 3
Gina Benedetti- Petnic, Vice Chair
ATTEST: APPROVED A O FORM:
H ;' er Hines, Com ssion Secretary Eric W. Danly, Ciy Attorney
Planning Commission Resolution No. 2016 -01 Page 4
SPAR CONDITIONS OF APPROVAL
The Block Project
101 East Washington Street
APN 007 - 121 -020
File No. PLSR -15 -0016
Planning Division
Standard Conditions of Approval
Exhibit A
The plans submitted for building permit review shall be in substantial conformance with the plans on
file with the Planning Division and date stamped February 17, 2016, except as modified by the
following conditions.
2. The colors and materials, including the lighting fixtures, shall be in substantial conformance with
those noted on the plan set and the color board in the project file and date stamped February 17,
2016.
3. Prior to the issuance of any construction permits, these conditions of approval shall be included with
the plan set. A copy of the approved plans shall be maintained on -site when construction activities
are occurring.
4. The site shall be kept cleared at all times of garbage and debris. No outdoor storage shall be permitted
other than typical bulk materials, i.e., lumber, appliances, window systems, etc., temporarily stored
through the normal course of construction.
5. The applicant shall be subject to all applicable Development Impact Fees. Said fees are due prior to
permit issuance, other pertinent fees that may be applicable to the proposed project may be required.
Impact fees shall be calculated as the total square footage of the rehabilitated structure, the shipping
container, the four food truck pads, and the covered outdoor dining area.
6. No signage is proposed or approved via this permit. The applicant shall obtain a separate sign permit
prior to the installation of any signage on the site.
7. All exterior lighting shall provide a "soft wash" of light against the wall and shall be hooded and
directed downward with no direct glare into bicyclists' or pedestrians' eyes, and shall conform to
City Performance Standards.
8. A minimum of five (5) bicycle racks shall be installed. Bicycle racks shall comply with size
dimensions and location requirements of the Bicycle and Pedestrian Master Plan. Applicant shall
ensure adequate access to each bicycle rack from all sides and avoid placing racks too close to any
wall or structure.
9. All planting shall be maintained in good growing condition. Such maintenance shall include, where
appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing 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
Planning Commission Resolution No, 2016 -01 Page 5
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.
10. Construction activities shall comply with performance standards specified in Implementing Zoning
Ordinance Chapter 21 (Performance Standards), except as modified by the conditions herein and
mitigation measures applicable to the project.
11. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions,
agents, officers, and employees from any claim, action, or proceeding against the City, its boards,
commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals
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
and if the City chooses to do so appellant shall reimburse City for attorneys' fees by the City.
12. The contractor(s) shall implement basic and additional air quality construction measures set forth by
BAAQMD, including the following:
a. Water all active construction areas (staging, parking, soil piles, graded areas, unpaved driveways,
etc.) at least twice daily.
b. Cover all haul trucks transporting soil, sand, or other loose materials offsite.
c. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas.
Sweep streets daily (with water sweepers) if visible soil material is deposited onto adjacent
roads.
d. Limit traffic speeds on any unpaved roads to 15 mph.
e. Suspend construction activities that cause visible dust plumes that extend beyond the
construction site.
f. A certified mechanic shall verify that equipment used for construction purposes is properly tuned
. and maintained in accordance with manufacturer specifications.
g. Idling times shall be limited to 5 minutes or less pursuant to the "no idling" rule for in -use off -
road diesel - fueled vehicles. During construction, signage shall be posted at the construction site
indicating the idle time limitation.
h. All diesel - powered off -road equipment larger than 50 horsepower and operating at the site for
more than two days continuously shall meet U.S. EPA particulate matter emissions standards for
Tier 2 or the equivalent.
i. Diesel - powered generators or air compressors shall not be used on -site for more than two days
continuously, unless under emergency conditions.
j. Post a publicly visible sign with the telephone number of designated person and person to
contact at the City of Petaluma regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be visible to ensure
Planning Commission Resolution No. 2016 -01 Page 6
compliance with applicable regulations.
13. Construction site watering shall be performed in conformance with the City of Petaluma Water
Shortage Contingency Plan Stage 2 provisions. Use of potable water is limited to one truck load of
potable water per day for the purposes of dust control. Additional daily water needs shall be met
with recycled water.
14. If during the course of ground disturbing activities, including, but not limited to, excavation, grading
and construction, a potentially significant prehistoric or historic archeological resource is
encountered, all work within a 100 foot radius of the find shall be suspended for a time deemed
sufficient for a qualified and city- approved cultural resource specialist to adequately evaluate and
determine significance of the discovered resource and provide treatment recommendations. Should a
significant archeological resource be identified a qualified archaeologist shall prepare a resource
mitigation plan and monitoring program to be carried out during all construction activities.
15. In the event that paleontological resources, including individual fossils or assemblages of fossils, are
encountered during construction activities all ground disturbing activities shall halt and a qualified
paleontologist shall be procured to evaluate the discovery and make treatment recommendations.
16. In the event that human remains are uncovered during earthmoving activities, all construction
excavation activities shall be suspended and the following measures shall be undertaken:
a. The Sonoma County Coroner shall be contacted to determine that no investigation of the cause
of death is required.
b. If the coroner determines the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours.
c. The project sponsor shall retain a City- approved qualified archaeologist to provide adequate
inspection, recommendations and retrieval, if appropriate.
d. The Native American Heritage Commission shall identify the person or persons it believes to be
the most likely descended from the deceased Native American, and shall contact such descendant
in accordance with state law.
e. The project sponsor shall be responsible for ensuring that human remains and associated grave
goods are reburied with appropriate dignity at a place and process suitable to the most likely
descendent.
Special Conditions of Approval
17. Prior to final inspection and commencement of operations, a notice complying with SmartCode
§4.70.050 shall be submitted for review and approval by the City of Petaluma and recorded against
the project site (i.e., APN 007- 121 -020).
18. In order to maintain compliance with Implementing Zoning Ordinance Chapter 8 (Alcohol Beverage
Establishments), the project shall, at all times, maintain facilities and operations conforming to a
Full Service Restaurant, as defined at Implementing Zoning Ordinance §8.020(D).
Planning Commission Resolution No. 2016 -01 Page 7
19. The project is subject to the provisions of Municipal Code 10.68 (Alcohol- Related Nuisance
Ordinance). Within ninety (90) days of alcohol service commencing, the every licensee, manager
and server shall complete the responsible beverage training required by Municipal Code
§10.68.050. Evidence of such initial compliance shall be. provided to the Petaluma Police
Department and maintained on -site for inspection for all future managers and servers.
20. Rehabilitation of the existing building intended for beverage service shall include the use of
corrugated metal siding on all building elevations.
21. Prior to building permit issuance, a final landscape plan shall be reviewed and approved by the
Planning Manager. Said plan shall include replacement plantings for the existing landscaping
removed at the northwest corner of the Autozone parking lot.
22. Prior to building permit issuance, the Planning Manager shall review and approve building
elevations, colors, and materials for the trash enclosure. Architectural treatments for the trash
enclosure shall be consistent and equal to that used on other approved structures.
23. At no times shall the use of amplified music exceed the noise levels of Implementing Zoning
Ordinance Table 21.1 (Maximum Exterior Noise Exposure). This approval also does not authorize a
Night Club, as defined by the SmartCode.
24. All customer access for the project shall be obtained from Grey Street. Modification to this
requirement shall require Planning Commission review and approval through an amendment to this
Site Plan and Architectural Review.
25. Prior to buildingpermit issuance, the following architectural details shall be reviewed and approved
by the Planning Manager:
a. External leader heads, downspouts, shoes and splash blocks;
b. Transitions between wall materials of different types; and
c. Window recesses and trim.
26. All external downspouts shall be painted to match background building color(s). Scuppers without
drainage pipes may not be installed because of probable staining of walls (overflow scuppers are
exempt).
27. All construction activities shall adhere to the following performance standards:
a. Construction activities for all phases of construction, including servicing of construction
equipment shall only be permitted during the hours of 8:00 AM and 6:00 PM, Monday through
Friday and 9:00 AM to 5:00 PM on Saturdays. Construction is prohibited on Sundays and all
holidays recognized by the City of Petaluma.
b. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are
in good condition and appropriate for the equipment.
c. Locate stationary noise generating equipment (e.g., compressors) as far as possible from adjacent
noise - sensitive receivers.
Planning Commission Resolution No. 2016 -01 Page 8
d. Acoustically shield stationary equipment located near noise - sensitive receivers with temporary
noise barriers.
e. Utilize "quiet" air compressors and other stationary noise sources where technology exists.
f. The contractor shall prepare a detailed construction plan identifying the schedule for major
noise - generating construction activities. The construction plan shall identify a procedure for
coordination with the owners /occupants of nearby noise - sensitive land uses so that construction
activities can be scheduled to minimize noise disturbance.
g. Designate a "disturbance coordinator" responsible for responding to any complaints about
construction noise. The disturbance coordinator will determine the cause of the noise complaint
(e.g., bad muffler, etc.) and require that reasonable measures be implemented to correct the
problem.
Building Division
28. Prior to building permit issuance, demonstrate to the Chief Building Official or his delegate how the
project conforms to the Cal Green Tier 1 requirements with Modified Tier 1 for construction and
demolition.
Public Works & Utilities Department
29. A 4.5 -foot wide sidewalk shall be installed from the end of the existing sidewalk on the easterly side
(Autozone side) of Grey Street. A right of way dedication or public access easement shall be
dedicated to accommodate all portions of the proposed sidewalk, as necessary. The sidewalk shall be
designed and constructed to meet current accessibility requirements.
30. New pedestrian ramps shall be installed at the intersection of Grey Street and the existing Autozone
driveway approach. The sidewalk at the existing Grey Street driveway approach shall be removed
and replaced per City standards. Alternately, new sidewalk may be installed on the Autozone
property in which case a public sidewalk easement and any necessary temporary construction
easements shall be acquired by the applicant/property owner. The right of way or public access
easements shall be dedicated to and accepted by the City of Petaluma.
31. A 5 -foot wide sidewalk shall be installed on Baylis Street from the end of the existing sidewalk to
the proposed fire pedestrian access gate. All portions of existing cracked, displaced, broken sidewalk
along the Baylis Street property frontage shall be removed and replaced with new City standard
sidewalk. (See Sheet A2.0 for reference points cited in this condition).
32. The existing pedestrian ramps at the intersection of East Washington Street and Grey Street shall be
removed and replaced with new accessible, directional pedestrian ramps per City requirements.
33. A continental style crosswalk shall be installed across Grey Street at the intersection of East
Washington Street.
34. Provide water flow demands for the proposed domestic service and size the service appropriately. A
City standard minimum 2 -inch commercial combination water service with separate irrigation
service and meter shall be installed be per City standard 870.
35. The proposed sewer lateral shall be 6- inches in diameter and shall meet the City's sewer design
Planning Commission Resolution No. 2016 -01 Page 9
guidelines and specification requirements.
36. A grease interceptor may be required. At building permit submittal, submit construction documents
that include an enlarged plan of the proposed kitchen area/diagram, as well as a plumbing plan, to
determine the necessity and size of a potential grease interceptor.
37. Submit figures with the building permit application indicating the number of seats in the proposed
bar and seating areas for the purposes of calculating a waste water capacity fee.
38. The proposed trash enclosure shall be covered and drain to the sanitary sewer system in accordance
with the City's Phase II Storm Water Regulations.
39. All landscaping and irrigation shall be designed and installed in accordance with the City's
landscape and irrigation efficiency standards (Chapter 15.17 of the City of Petaluma Municipal
Code) and shall comply with all current State emergency regulations.
40. Sight distance calculations per City requirements shall be provided demonstrating sufficient
sightlines at the proposed site driveway entrance.
41. Complete and submit the "Construction Erosion and Sediment Control Plan Applicant Package"
with the building permit submittal.
42. Submit construction drawings and reports prepared by a Civil Engineer licensed to practice in the
State of California.
43. The project shall be designed and construction in accordance with City of Petaluma, MUTCD
(Manual Uniform traffic Control Devices) and Caltrans standards unless otherwise noted.
44. An encroachment permit is required prior to any work within the public right of way.
Public Works & Utilities Department
45. Permanent buildings, including attached combustible canopies, shall be protected with automatic fire
sprinkler systems designed and installed per NFPA 13. Construction of such buildings shall comply
with Building Code requirements for fire -rated walls and openings adjacent to property lines.
46. Egress to the public way from any controlled access area shall comply with CA Building Code
requirements for Assembly Occupancies: illuminated exit signs, emergency egress lighting, and
panic hardware required.
47. Propane tank adjacent to south property line shall comply with requirements of CA Fire Code Table
6104.3: minimum 5 feet from property line up to 125 gallons, 10 feet from property line 125 to 500
gallons, 25 feet from property line over 500 gallons.
48. Open -flame fire pit shall comply with CA Fire Code 307.4.2 requirements for a Recreational Fire: at
least 25 feet away from structures or combustible construction; maximum fire area 3 feet in
diameter, 2 feet high.
49. Commercial cooking equipment that produces grease -laden vapors, whether in mobile food trucks or
in fixed buildings, shall be exhausted through a Type 1 hood protected with a fixed extinguishing
system. Class K fire extinguishers shall be maintained within 30 feet of such equipment.
Planning Commission Resolution No. 2016 -01 Page 10