HomeMy WebLinkAboutPlanning Commission Resolution 2016-02 03/08/2016RESOLUTION NO. 2016 -02
CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW
FOR THE LEGHORN MARKETPLACE PROJECT
LOCATED AT 701 SONOMA MOUNTAIN PARKWAY
APN: 137 - 070 -067
FILE NO: PLSR -15 -0009
WHEREAS, Greg LeDoux submitted an application, on behalf of property owner Keith M. Moser,
to the City of Petaluma for Site Plan and Architectural Review (File No. PLSR -15 -0009) for one
approximate 9,120 square foot single -story building at an existing asphalt parking lot located within the
existing Leghorn Marketplace Shopping Center at 701 Sonoma Mountain Parkway (APN: 137- 070 -067);
and
WHEREAS, on August 25, 2016, the City's Planning Commission forwarded an approval
recommendation to City Council for a modification to the approved Unit Development Plan for the
Parkway Plaza Planned Unit Development; and
WHEREAS, on November 2, 2015, the City Council approved a modification to the approved Unit
Development Plan for the Parkway Plaza Planned Unit Development; and
WHEREAS, pursuant to Implementing Zoning Ordinance §24.010, the City's Planning Commission
held a duly noticed public hearing to consider this Site Plan and Architectural Review application on
March 8, 2016, at which time all interested parties had the opportunity to be heard; and
WHEREAS, public notice was published in the Argus Courier and mailed to residents and
occupants within 500 feet of the project site, all in compliance with state and local law; and
WHEREAS, prior to acting on the application, the Planning Commission considered all public
testimony and the staff report dated March 8, 2016, analyzing the application, including the CEQA
determination included therein; 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 Neighborhood Commercial General Plan land use
designation because the project includes a commercial use that would result in a floor area
ratio (FAR) of 0.29 for the site. This is below the General Plan's maximum permitted FAR of
0.80.
2. The project, for the reasons discussed in the March 8, 2016 Planning Commission staff report,
conforms to the General Plan, and with the Corona Ely Specific Plan because it will
strengthen and reinforce an existing commercial shopping center serving residential
Planning Commission Resolution No. 2016 -02 Page 1
neighborhoods in the North East Subarea of the General Plan as demonstrated by its
consistency with the following Petaluma General Plan policies: Goal 2 -G -15 (Land Use Mix),
Policy 1 -P -2 (Infill Development), Policy 1 -P -10 (Neighborhood Centers), Policy 1 -P -49 (Tree
Preservation), Policy 2 -P -1 (Development Within UGB), Policy 2 -P -121 (Green Building), Policy
2 -P -122 (Construction Recycling), 5 -P -1 (Interconnected Mobility System), Policy 5 -P -9 (Safety
Improvements), Policy 5 -P -10 (Intersection LOS), Policy 5 -G -5 (Bicycle and Pedestrian System),
Policy 5 -P -22 (Pedestrian Connectivity), Policy 5 -P -23 (Pedestrian Site Access), Policy 5 -P -24
(Pedestrian Network Near Schools, Transit, Shopping, and Mixed -Use Corridors), Policy 5 -P -31
(Bicycle Support Facilities), Policy 9 -P -14 (Retail Uses), Policy 9 -P -16 (Retail Concentrations),
and Policy 9 -P -17 (Retail Rehabilitation); and the following Corona Ely Specific Plan Policies
37, 38 and 39.
Implementing Zoning Ordinance
3. The Project is consistent with the Parkway Plaza Planned Unit Development, as recently
amended by the City Council via Resolution No. 2015 -170 N.C.S. in that consists of a building
footprint, parking lot layout, and building height consistent with the requirements included
therein.
4. All the required findings for Site Plan and Architectural Review found at Implementing Zoning
Ordinance §24.010 (G) (1) can be made, as follows:
a) The project includes the use of quality materials and is in harmony with and in proportion
with the overall design of the existing shopping center. The project includes a new
building of a height and mass similar to or smaller than existing building. The project also
includes the use of exterior building materials and architectural design features (e.g., flat
roof, wall insets, colors) similar to those existing at other building within the shopping
center. These materials and architectural treatments are applied equally on all building
elevations of the project.
b) The project's architectural style is appropriate and compatible with the overall character
of the neighborhood. As mentioned in the previous finding, the project employs a
building form and style that mimics those already present in the existing shopping center.
In doing so, the project integrates seamlessly into the existing character of the
neighborhood.
c) The project's building placement is compatible with the siting of other structures in the
immediate neighborhood. As proposed, the project locates a new, single -story
commercial building within an existing asphalt parking lot adjacent to Riesling Road.
Existing buildings at the shopping center are located in proximity to Riesling Road. To the
north, existing residences face a frontage road aligning with Riesling Road. The project
would result in a new building also placed along Riesling Road, like others already
present, and, in doing so, results in compatible building siting.
d) The project under consideration excludes signage; thus, no signage finding is applicable.
e) The project's bulk, height, and color of proposed structures are in harmony with that
found in the immediate neighborhood. Submitted plans confirm the project would result
in a building of similar or lower height than existing buildings at the shopping center. The
project would retain existing mature trees within a planter area fronting Riesling Road
and which are taller than the proposed building. As mentioned in a preceding finding,
the project includes the use of building colors already found in the existing shopping
center.
f) The project's landscaping is in keeping with the character and design of the site
Planning Commission Resolution No. 2016 -02 Page 2
because it retains existing mature plantings along Riesling Road, adds landscape
planters within a modified parking lot, and includes vine plantings that enhance the
building architecture.
g) The project's ingress, egress, internal circulation for bicycles and automobiles, off - street
automobiles and bicycle parking facilities and pedestrian ways promote safety and
convenience, and conform to City standards. As demonstrated by the traffic impact
study prepared for the project, nearby thoroughfares are adequate to carry any
additional traffic generated by the development. The project retains existing pedestrian
pathways within and outside of the shopping center and, at Riesling Road, would
replace an existing pedestrian crossing warning light. Additionally, the project would
provide a new bus shelter on Sonoma Mountain Parkway, immediately north of Riesling
Road.
C. Planning Commission reviewed the application and, for the reasons explained in Exhibit B,
determined it so be Categorically Exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines §15303 (New Construction or Conversion of Small Structures) and
not subject to any exceptions to use of a Categorical Exemption provided at CEQA Guidelines
§ 15300.2 (Exceptions).
D. Based on its review of the entire record herein, including the March 8, 2016 Planning Commission
staff report, 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 attached hereto as
Exhibit A.
ADOPTED this 8th day of March, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Barrett
X
Vice Chair Benedetti - Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
Gina Benedetti- Petnic, Vice Chair
ATTEST: t APPRO EQ AS TO FORM:
He -they Hines, Co mission Secretary Eric W. Danly, Cit Attorney
Planning Commission Resolution No. 2016 -02 Page 3
Exhibit A
SPAR CONDITIONS OF APPROVAL
Leghorn Marketplace Project
701 Sonoma Mountain Parkway
APN 137 - 070 -067
File No. PLSR -15 -0009
Planning Division
Standard Conditions of Approval
1. 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, including the public art in-
lieu fee. Said fees are due prior to permit issuance, other pertinent fees that may be applicable to the
proposed project may be required.
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. Said signage shall conform to the master sign
program approved by the Site Plan and Architectural Review Committee on October 26, 2000.
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. 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
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.
Planning Commission Resolution No. 2016 -02 Page 4
10. Construction activities shall comply with performance standards specified in IZO 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 engineer 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
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
Planning Commission Resolution No, 2016 -02 Page 5
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 building permit issuance, a tree protection plan, conforming to the requirements of
Implementing Zoning Ordinance §17.050, shall be submitted for review and approval by the
Planning Manager. The plan shall specifically addressed all existing trees within the landscape area
north of the new building and which shall remain.
18. 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.
Planning Commission Resolution No, 2016 -02 Page 6
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.
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.
h. Residences or noise - sensitive land uses adjacent to the construction site shall be notified prior to
the commencement of construction. The notice shall identify the general construction schedule,
disturbance coordinator contact info, City of Petaluma Code Enforcement contact info, and City
of Petaluma Planning Division contact info.
19. Prior to building permit 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;
c. Window recesses and trim;
d. Wall recesses; and
e. Plaster texture specification(s).
20. 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).
21. Prior to occupancy, noise levels from the existing chiller behind the G &G Supermarket shall be
attenuated to comply with Implementing Zoning Ordinance Table 21.1 (Maximum Exterior Noise
Exposure).
Building Division
22. 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
Planning Commission Resolution No. 2016 -02 Page 7
demolition.
Public Works & Utilities Department
23. Prior to certificate of occupancy, the pedestrian crosswalk warning signage immediately adjacent to
the project at Riesling Road shall be replaced and made operable.
24. Prior to certificate of occupancy, the existing bus bench at Sonoma Mountain Parkway, just north of
Riesling Road, shall be replaced with a city- standard solar powered bus shelter.
25. Any portions of broken, cracked, displaced, etc. sidewalk along the property frontage on Riesling
Road and Sonoma Mountain parkway shall be removed and replaced with new City Standard
sidewalk.
26. Re- stripe on -site existing stop bar legends in accordance with the recommendations in the project
Traffic Impact Analysis.
27. The property owner shall maintain existing and future landscaping along the project street frontages
to maintain adequate sight distance at all times.
28. Sight distance calculations demonstrating compliance with AASHTO and Caltrans standards are
required for any new monument signs. Signs shall be set back sufficiently from street frontages to
maintain adequate sight distance.
29. Proposed landscaping shall comply with the City's landscape efficiency standards and State water
conservation requirements.
30. Complete and submit the attached Construction Erosion and Sediment Control Plan Applicant
Package.
31. An encroachment permit is required for all work within the public right of way.
32. All design and construction work shall be per City of Petaluma and California Manual on Uniform
Traffic Control Devices (MUTCD) Standards.
Planning Commission Resolution No. 2016 -02 Page 8