HomeMy WebLinkAboutPlanning Commission Resolution 2016-18 10/25/2016RESOLUTION NO. 2016 -18
CITY OF PETALUMA PLANNING COMMISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE
76 GAS STATION REMODEL PROJECT
LOCATED AT 4998 PETALUMA BLVD. NORTH
APN: 007 - 412 -015
FILE NO: PLSR 15 -0013
WHEREAS, Muthana Ibrahim, of M I Architects on behalf of property owner Mr. De Long Liu of
Petaluma 88, Inc., submitted an application for Site Plan and Architectural Review approval for to
demolish existing gas station facilities and construct a new fueling canopy, fuel dispensers, 2,179 sq. ft.
convenience store, self- service car wash and storage area, and associated landscaping and
appurtenant parking ( "Project ") located at 4998 Petaluma Blvd North at APN 007 - 412 -015; and
WHEREAS, on October 25, 2016, the City's Planning Commission held a duly noticed public
hearing, pursuant to Implementing Zoning Ordinance §24.010, to consider the Project; at which time all
interested parties had the opportunity to be heard; and
WHEREAS, on October 25, 2016, the Planning Commission considered the staff report dated
October 25, 2016, analyzing the application, including the California Environmental Quality Act
( "CEQA ") determination included therein; and
WHEREAS, on October 25, 2016 and prior to acting on this Site Plan and Architectural Review
application, the Planning Commission adopted a Negative Declaration prepared pursuant to the
California Environmental Quality Act ( "CEQA ") for the Project via Resolution 2016 -xx; and
WHEREAS, public notice was published in the Argus Courier on September 22, 2016 and 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 BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS
FOLLOWS:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. Based on its review of the entire record herein, the Planning Commission makes the following
findings:
General Plan
The proposed remodel to the 76 Gas Station at 4998 Petaluma Blvd. is, for the reasons
discussed in the October 25, 2016 Planning Commission staff report, consistent with the
following Petaluma General Plan policies: Policy 1 -P -2 (Promote infill development), Policy 1-
P -11 (Land use intensification at strategic locations), Policy 2 -P -5 (Strengthen the visual and
aesthetic character of major arterials), Policy 2 -P -6 (Create a strong sense of entry at
gateways), Policy 2 -P -47 (Reinforce Petaluma Boulevard North as a gateway), and Policy 2-
P-50 (Ensure Petaluma Boulevard North maintains a landscaped character along the street).
2. The Project is consistent with the "Community Commercial" General Plan land use
designation because the project provides a variety of commercial services serving the
region.
Planning Commission Resolution No. 2016 -18 Page 1
Impllementinq Zoning Ordinance
3. The Project is consistent with all development standards of the C2 Zoning District including,
but no limited to, those pertaining to building height, setbacks and off - street parking
requirements.
4. 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) The Project includes the use of quality materials and is in harmony with and in proportion
with the overall design through its use of single -story architecture with building
articulation that employs varying depths and balances solid and transparent fagade
materials; the use of metal, stone, and concrete finishes; added accent to the main
entrance; metallic awnings; and consistent detailing for the proposed canopy.
Articulation is applied on all building elevations appropriately.
b) The Project's building form, materials and architectural style is appropriate for the Project
and compatible with the overall character of the area. The proposed facades include
varying depths and materials divided into low, mid, and upper level strata to provide
visual variety. Architectural detailing is carried through to all structures. The area features
similar, rectilinear, simplistic commercial structures oriented to passing vehicle traffic on
Petaluma Blvd. North and pedestrian on -site.
c) The Project's building placement is at a location that frames Petaluma Blvd. North and
clarifies the relationship of buildings on -site and on abutting lots.
d) The Project under consideration excludes signage; thus, no signage finding is applicable.
e) The bulk, height, and color of proposed structures are in harmony with that found in the
vicinity. Existing buildings at the intersection of Petaluma Blvd. North and Auto Center
drive consist of mainly single -story with stucco, wood, and metal cladding, and flat
roofs —some with parapets along the perimeter. The Project incorporates many of these
materials to achieve a 'modern and complementary design that is appropriate for
contemporary gas service stations.
f) The Project's landscaping provides appropriate screening of the structures and vehicle
queue lane for the proposed gas station. More significant landscaping is proposed along
the northwestern property boundary along Petaluma Blvd. North, which serves to frame
the boulevard. Planter beds throughout the site articulate the property boundaries, and
frame the main commercial structure on -site.
g) The circulation patterns on -site are to remain substantially the same as present conditions
as the expansion of the gas station is minor in nature and not expected to significantly
increase traffic volumes. Improves pedestrian access is proposed connecting street
improvements along Petaluma Blvd. North and the Project site; new bike parking stalls,
and an electric vehicle charging station support low- emission forms of transportation to
the site.
B. Based on its review of the entire record herein, including the October 25, 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 1.
Planning Commission Resolution No. 2016 -18 Page 2
ADOPTED this 25th day of October, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember King
X
Benedetti- Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
ATTEST:
ather Hines, mmission Secretary
a
Diana Gomez, Chair
APPROVED AS TO FORM:
Lisa Tennenbaum, Assistant City Attorney
Planning Commission Resolution No. 2016 -18 Page 3
Exhibit 1
EXHIBIT 1
CONDITIONS OF APPROVAL
76 Gas Station Remodel
4998 Petaluma Blvd (APN 007 - 412 -015)
City File Number: PLSR 13 -0013
Planning Division
Standard Conditions of Approval
The plans submitted for building permit review shall be in substantial conformance with
the plans on file in the Planning Division, date stamped August 30, 2016 and the color
materials board except as modified by the following conditions.
2. This approval is granted for and contingent upon construction of the project as a whole,
in a single phase, with the construction and /or installation of all features approved and
required herein. Modifications to the project, including but not limited to a change in
construction phasing, shall require Site Plan and Architectural Review in accordance with
Implementing Zoning Ordinance (IZO) §24.010.
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. All exterior lighting shall be hooded and directed downward and shall conform to
Implementing Zoning Ordinance §21.040(D), which specifies lighting standards for all new
exterior lighting, including the provision that the cone of direct illumination be sixty
degrees if the luminary is greater than 6 feet above the ground.
6. Construction activities shall comply with performance standards specified in
Implementing Zoning Ordinance Chapter-21 (Performance Standards).
7. Construction activities shall comply with the performance standards specified in Zoning
Ordinance Chapter 21 and the Petaluma Municipal Code Sections (noise, dust, odor,
etc.). Construction hours are limited to Monday through Friday from 8:00 a.m. to 6:00
p.m. and Saturday from 9:00 a.m. to 5:00 p.m. Construction is prohibited on Sundays and
all holidays recognized by the City of Petaluma.
8. In accordance with CEQA §21083.2 and CEQA Guidelines § 15064.5, 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.
Planning Commission Resolution No. 2016 -18 Page 4
9. In accordance with CEQA §21083.2 and CEQA Guidelines § 15064.5, if 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.
10. In accordance California Health and Safety Code §7050.5 and the California Native
American Graves Protection Act (.NAGPRA), 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.
11. The applicant /developer 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. If a construction permit has not been issued for the project within twelve (12) months of
this approval letter, this approval shall become void. A twelve -month extension may be
granted if requested at least thirty (30) days prior to the initial twelve (12) month
expiration date.
13. Prior to the issuance of a building permit, all development impact fees shall be paid to
the City of Petaluma.
Special Conditions
14. On plans submitted for building permit approval, the approved materials and colors for
all siding, windows, trim, doors, and roof, shall be clearly indicated on the plans.
Planning Commission Resolution No. 2016 -18 Page 5
15. Plans submitted for building permit shall show an additional EV charging stations on -site
for a total of two (2) EV parking /charging stations without removing landscape areas
and without reducing the total number of eight (8) parking spaces.
16. Elevations submitted for building permit shall include an increased height of stone veneer
on the canopy columns and addition of a soapstone cap at the terminus of the stone on
the canopy columns.
17. Elevations submitted for building permit shall include revision to thematerials and color of
the canopy, to match the neutral color palette for the overall project as depicted on
plans date - stamped August 30, 2016.
18. Prior to building permit issuance, the required Public Art in -lieu fee shall be remitted to the
City.
19. Prior to building permit issuance, a "J Number" permit from the Bay Area Air Quality
Management District (BAAQMD) shall be obtained for the project.
20. Prior to building permit issuance, an "Authority to Construct" permit shall be issued by the
Bay Area Air Quality Management District (BAAQMD).
21. Prior to occupancy permit issuance, a "Permit to Operate" shall be issued from the Bay
Area Air Quality Management District (BAAQMD).
22. Pursuant to Regulation 8, Rule 7 of the Bay Area Air Quality Management District
(BAAQMD) regulations, the 76 Gas Station facility shall employ California Air Resources
Board (CARB) certified vapor recovery systems. Rule 7 requires that stationary source
emitters such as the 76 Gas Station use enhanced vapor recovery (EVR) systems. Nothing
is this condition prohibits compliance with BAAQMD regulations on this issue as they may
be modified in the future.
23. Pursuant to Regulation 2 -2 -301 of the Bay Area Air Quality Management District
(BAAQMD) regulations, the 76 Gas Station facility shall employ Best Available Control
Technology (BACT) to control emissions of District BACT pollutants. BACT technology
includes California Air Resources Board (CARB) certified CNI EVR Phase I equipment and
VST Balance EVR Phase II equipment (per CARB Executive Order VR -104 and VR -204) be
utilized. Nothing is this condition prohibits compliance with BAAQMD regulations on this
issue as they may be modified in the future.
24. Demolition and construction activities may result in the generation of fugitive dust, which
must be controlled in accordance with the City's Dust Control Ordinance and the Bay
Area Air Quality Management District's (BAAQMD) Best Management Practices (BMP). To
ensure that fugitive dust generated during construction is minimized, the following basic
and additional air quality construction measures set forth by the City of Petaluma and
the BAAQMD shall be implemented:.
a. Water all active construction areas (staging, parking, soil piles, graded areas,
unpaved driveways, etc.) at least twice daily.
b. Coverall haul trucks transporting soil, sand, or other loose materials offsite.
Planning Commission Resolution No. 2016 -18 Page 6
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 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. 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.
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 Lead Agency 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.
25. The project shall comply with Seismic Zone 4 Soil and Foundation Support Parameters
outlined in Chapters 16 and 18 of the California Building Code and grading requirements
outlined in Chapters 18 and A33 of the California Building Code.
26. In accordance with Bay Area Air Quality Management District (BAAQMD) regulations, an
Underground Storage Tank (LIST) Removal Notification must be postmarked /submitted to
the City at least 5 days prior to the removal or replacement of an UST that contained
organic compounds.
27. Prior to the issuance of a Building Permit, the project plans shall be revised to include a
note indicating that the project will comply with BAAQMD Regulation 8, Rule 40, Aeration
of Contaminated Soil and Removal of Underground Storage Tanks dealing with the
evacuation and removal of contaminated soils, and meet related Sampling, Reporting
and Removal requirements.
28. Prior to the issuance of a Building Permit, the project plans shall be revised to include a
note indicating that the project will comply with the Portable Equipment Registration
Program (PERP) Air Toxic Control Measures (ATCM) enforced by BAAQMD. Equipment
subject to the PERP shall be registered and related permits shall be secured from
BAAQMD.
29. Prior to the issuance of a Building Permit, the project plans shall be revised to indicate
that diesel powered equipment with motive power greater than 25 hp will be registered
in the DOORS Database and display an EIN on -site pursuant to Off Road Equipment Air
Toxic Control Measures (ATCM) enforced by BAAQMD.
Planning Commission Resolution No. 2016 -18 Page 7
Building Division
30. Prior to the issuance of a grading or building permit, a design -level geotechnical report
shall be submitted for review and approval by the City to ensure that the design and
construction techniques adequately.account for expansive soils.
31. Prior to the issuance of a building permit, in accordance with National Emission Standard
for Hazardous Air Pollutants (NESHAP) and Bay Area Air Quality Management District
(BAAQMD) Regulation 11, Rule 2: Asbestos Demolition, Renovation, and Manufacturing,
structures proposed for demolition shall be surveyed for total Recognized Asbestos
Containing Materials (RACM), Category 1 non - friable ACM, and Category 11 Non - friable
ACM prior to project activities, to ensure that hazards associated with the potential
presence of RACM will not exceed less than significant levels.
32. Prior to issuance of a grading and building permit, in accordance with the requirements
of the approved Remedial Action Plan regarding residual contamination from previous
Leaking Underground Storage Tanks (LUST), a site - specific Health and Safety Plan (HSP)
shall be submitted prior to commencement of site remediation activities and in
accordance with 29 CFR Section 1910.120(l)(2), CCR, Title 8, Section 5192 (Cal /OSHA)
and Hazardous Waste Operations and Emergency Response. The HSP shall be signed by
an individual certified in the Comprehensive Practice of Industrial Hygiene by the
American Board of Industrial Hygiene and trained in hazardous waste site operations. A
copy of the HSP shall be kept on site during excavation activities and will be reviewed
and updated as needed to account for any change in scope or site conditions.
Public Works Conditions
33. Prior to the issuance of a building permit, plans shall be revised to indicate that all storm
water from the new development shall be collected on -site and discharged to an
approved public storm drain system. No lot -to -lot drainage is permitted.
34. The project shall comply with E12 post construction drainage requirements in the
"BASMAA Post - Construction Manual: Design Guidance for Stormwater Treatment and
Control for Projects in Marin, Sonoma, Napa, and Solano Counties." Prior to the issuance
of building permit, a construction level report and plans shall be submitted with the
building permit application demonstrating compliance with the E.12 regulations.
35. The project shall comply with E10 Construction Erosion and Sediment Control regulations.
Prior to the issuance of building permit, a completed City of Petaluma "Construction
Erosion and Sediment Control Plan Applicant Package" shall be submitted with the
building permit application to demonstrate that the project shall comply with E10
regulations.
36. An encroachment permit is required for any work in public right -of -way. All design and
construction work shall be in accordance with City of Petaluma standards.
37. Per California Code of Regulations Title 23. Waters Division 2. Department of Water
Resources Chapter 2.7. Model Water Efficient Landscape Ordinance § 492.3, a
Landscape Document Package including a soil management report, irrigation design
plan, and applicant signature and date with statement: "I agree to comply with the
requirements of the water efficiency landscape ordinance and submit a complete
Landscape Document Package" shall be submitted.
Planning Commission Resolution No. 2016 -18 Page 8
38. Upon project completion, the following documentation shall be submitted pursuant to
Municipal Code § 15.17.050 (D) (1 -3):
a. Certificate of completion with certification statement
b. Irrigation schedule
c. Landscape and irrigation maintenance schedule
d. Landscape irrigation audit report
e. Soil management report (if not submitted with the landscape documentation
package)
39. Prior to the issuance of a building permit, a final Landscaping Plan that meets all criteria
listed in Municipal Code § 15.17.050(c) (4) (a -d) shall be submitted.
40. Prior to the issuance of a building permit, a final Irrigation Plan that meets all criteria listed
in Municipal Code § 15.17.050(c) (5) (a -c) shall be submitted.
41. Prior to the issuance of an Occupancy Permit, the project Landscape Architect shall
certify in writing in a manner acceptable to the City of Petaluma, that the landscaping
plan has been installed in accordance with all aspects of the approved, final Landscape
and Irrigation Plans.
42. Herbicide shall not be used until all plant material has been planted a minimum of 20
days. All planting areas shall be kept weed -free by non - herbicide methods prior to the
expiration of the 20 -day period. Herbicide shall not be applies to any areas which have
been seeded. The project contractor shall be licensed by the State and Sonoma County
for fertilizer application, and must have current registration filed with the County.
Environmental Services Division
43. Car wash facility equipment must comply with the requirements found in Chapter
15.17.040 of the Petaluma Municipal Code.
Fire Department
44. Prior to the issuance of a building permit, pursuant to the City of Petaluma's Certified
Unified Program Agency (CUPA) regulations regarding projects that intend to store,
transport or generate hazardous waste, an application shall be submitted, appropriate
fees shall be paid, and a CUPA permit shall be secured.
45. Pursuant to the City of Petaluma's Certified Unified Program Agency (CUPA) regulations
regarding projects that intend to store, transport or generate hazardous waste, a
Hazardous Materials Release Response Plan and Inventory shall be submitted on an
annual basis.
46. On April 14, 2016, the County approved the proposed Remedial Action Work Plan
prepared by consultants, AECOM, detailing the remedial activities that will be
conducted to address residual subsurface contamination causing groundwater
concentrations to exceed water quality objectives. Once remedial work is completed, a
report documenting remedial action excavation activities shall be prepared. The report
Planning Commission Resolution No. 2016 -18 Page 9
shall include details regarding the final dimensions and volume of the excavation, the
volume of groundwater extracted, treated and discharged, the amount of soil
transported and disposed of off -site and the associated waste manifests, the results of
the soil and water sampling, the components of the backfill, the amount of excavated
soil that was reused as backfill, the amount of imported clean fill that was used as
backfill, the method of backfill compaction, and the results of compaction testing.
47. Prior to the issuance of a grading and. building permit, compliance with the approved
Health and Safety Plan (HSP) shall be demonstrated with oversight from Sonoma County
authorities to ensure proper consideration of health and safety concerns associated with
residual petroleum hydrocarbon in soils and protections for workers conducting
subsurface work.
Police Department
48. The Petaluma Police Department encourages the use of security cameras that cover all
areas of the business as well as the frontage of the property.
49. The Petaluma Police Department encourages the use of down - facing lighting
throughout the property, eliminating dark areas that would normally invite trespassing or
loitering.
Planning Commission Resolution No. 2016 -18 Page
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