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HomeMy WebLinkAboutPlanning Commission Resolution 2017-09 04/25/2017RESOLUTION 2017 -09 CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR FIDELITY INFORMATION SERVICES (FIS) PROCESSING OFFICE LOCATED AT 119 C STREET, APN: 008 - 690 -002 FILE NO. PLUP -16 -0022 WHEREAS, the Fidelity Information Services (FIS) submitted an application for a Conditional Use Permit, on behalf of property owner Garage Retail CA, LLC, to locate an "Office - Processing" use within an existing approximate 4,985 square foot tenant space at 119 C Street ( "Project "); and WHEREAS, the Project site is zoned Urban Center (T -5) by the Central Petaluma Specific Plan's SmartCode; and WHEREAS, Table 4.10 of the SmartCode provides that an Office - Processing use may be allowed within the T -5 zoning district with issuance of a Conditional Use Permit by the Planning Commission; and WHEREAS, the building housing this tenant is commonly referred to as the Theater District parking garage located in Downtown Petaluma; and WHEREAS, the subject tenant space is currently in use by the applicant without the benefit of a Conditional Use Permit; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project on April 25, 2017; and WHEREAS, public notice of the Planning Commission hearing was published in the Petaluma Argus Courier and mailed to residents and occupants within 500 feet of the site, in compliance with state and local law. 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 at the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record: General Plan Policy 1 -P -2: Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. The application seeks to locate an "Office- Processing" use which is characterized by high employee densities. By its very nature, this supports the efficient use of land and continued occupancy of an infill development. Policy 1 -P -9: Support continued development and intensification of employment centers. The application seeks to locate a use including a high employee density in an existing employment center. This is directly supportive of Policy 1 -P -9. Planning Commission Resolution No. 2017 -09 Page 1 Policy 9 -P -3: Provide an array of employment opportunities to existing and future residents by assuring diversity in Petaluma's industry and enterprise mix. The application provides employment opportunities to both existing and future residents. It also contributes to the diversity of Downtown Petaluma's employment opportunities which are generally characterized by retail, restaurant, service and office uses. Central Petaluma Specific Plan Goal l: Support existing viable uses, and provide for new uses that complement and complete the urban fabric. The application would provide for a new use including employees that would patron existing businesses in the local vicinity which are mainly retail, restaurants, service, and office in nature Goal 3: Encourage intensification appropriate to the area's central location. The intensification provided by the application's high employee density is appropriate and desired in Downtown Petaluma. Policy 3.3: Provide for office uses. The application seeks approval of an office use which supports this policy. IZO §24.030 (G) Considerations for Review of Applications 1. Siting of the Building or Use: a. The adequacy of the site to accommodate the proposed use or building and all related activities. The proposed use is office in nature, conducts all activities indoors, and excludes walk -in customers. There are no aspects of its operation that have indicated the site or tenant suite are inadequate to conduct business activities. b. The location and possible screening of all outdoor activities. No outdoor activities are proposed as part of this application. Therefore, this finding is not applicable. c. The relation of the proposed building or use to any adjoining building with particular attention to protection of outlook, light, air, and peace and quiet. The proposed use would conduct all activities indoors. Therefore, no adverse impact to the outlook, light, air or peace and quiet would occur. d. The location and character of any display of goods and services and the size, nature, and lighting of any signs. The proposed project excludes the display of goods and services and no signs are proposed as part of this project. Therefore, this finding is not applicable. Planning Commission Resolution No. 2017 -09 Page 2 e. The intensity of the activity. The CPSP intends for the project site and surrounding area to consist of an urban environment with a high intensity of activity. The proposed use would facilitate an increase in daytime employees and a corresponding potential for increased patronage to nearby businesses. The proposed use's daytime nature would generally not interfere with the peak evening hours in the downtown (e.g., movie theater, restaurants). Therefore, the proposed use is of an appropriate intensity. 2. Traffic Circulation and Parking: a. The type of street serving the proposed use in relation to the amount of traffic expected to be generated. The proposed use would utilize Ist Street and C Street for all modes of access. 1st Street is a public roadway with sidewalks on both sides, one travel lane in each direction, 451 angle street parking in the southbound direction, and parallel street parking in the northbound direction. The section of C Street along the building's northwest fapade has sidewalks in both directions, two lanes of traffic in the westbound direction, and one lane of travel in the eastbound direction. Two on- street parallel parking spaces are located in front of the building's fagade. To the west of the business is the entrance to the Theater District Parking Garage. The proposed use does not trigger the requirement for a traffic impact study. Therefore, the Project would be adequately served by existing roadways. b. The adequacy, convenience, and safety of provisions for vehicular access and parking including the location of driveway entrance and exits. Parking for the proposed use and surrounding area is provided in the Theater District parking garage as well as on- street. As built, the garage includes as observed 512 parking spaces. Pursuant to an existing easement and agreement, the property owner may designate 143 stalls for the exclusive use of residential occupants and their guests, as well as the right to issue up to 171 parking stickers to allow commercial tenants all -day parking privileges. The remaining parking spaces are dedicated to public use. The property owner does not currently exercise their right to issue parking stickers for their commercial tenants although presently three (3) spaces are signed for exclusive use by one commercial tenant. A total of 110 spaces are dedicated to residents and access to those spaces is restricted by a fence (with mechanical gate). SmartCode §6.10.030 anticipates that peak parking demand in the Central Petaluma area occurs during the evening. A site visit to the parking garage on Thursday, March 16, 2017 at 6:00 p.m. revealed 264 of the 512 spaces were occupied by vehicles (approximately 52 %) for a vacancy rate of 48 %. SmartCode Table 4.10 assigns a parking requirement of two (2) spaces per 1,000 square feet for all uses other than residential and lodging uses. According to this standard, the proposed use has a parking requirement of ten (10) spaces. Putting aside parking spaces already made available for the proposed use in the Theater district parking garage, SmartCode §6.10.010(B)(2) also permits on- street parking spaces along the use's frontage to be counted toward fulfilling the parking requirement. In front of the proposed use, there are two (2) parking spaces along C Street and three (3) parking spaces along 1st Street for a total of five (5) on- street spaces. Planning Commission Resolution No. 2017 -09 Page 3 Considering the 48% vacancy rate during the evening peak parking demand period and the property owner's right to issue up to 171 parking stickers (one per vehicle) to allow commercial tenants of the Theater District all -day parking privileges, there is sufficient off - street parking to accommodate the remaining five (5) parking spaces required for the proposed use. Therefore, given the above facts, traffic circulation and parking is adequate to serve the proposed use. c. The amount, timing and nature of any associated truck traffic. No truck traffic is proposed as part of this use; therefore, this finding is not applicable. 3. The compatibility of the proposed building or use with its environment, and in particular: a. The number of customers or users and the suitability of the resulting activity level to the surrounding uses and especially to any neighbors uses of the unusual public importance such as schools, libraries, playgrounds, churches, and hospitals. The proposed use excludes walk -in customers and includes a high density of employees. This is consistent with the intended activity level for the CPSP -area. No schools, libraries, playground, churches or hospitals are located nearby. b. Hours of operation. The proposed use conducts business between 7 a.m. to 8 p.m. Monday through Friday although, according to the applicant, most employees work until 5 p.m. These hours of operation are similar and compatible to neighboring businesses. c. Adequacy of the provisions for the control of any off -site effects such as noise, dust, odors, light, or glare, etc. The proposed use would conduct all activities within the existing building; therefore, there is no potential for dust, odors, or glare effects. With regard to noise, the indoor nature of the proposed use indicates that no adverse effects would result. d. Adequacy of the provisions for protection of the public against any special hazards arising from the intended use. The proposed use does not involve hazardous materials of any type or quantity that would be hazardous to the public health or safety. e. The proportion of total space utilized. The proposed use would locate a business within a 4,985 square foot tenant space, of which will accommodate office, meeting, and break room spaces. The size is commensurate with existing commercial uses in the downtown area. 4. The expected duration of the proposed building, whether temporary or permanent, and the setting of time limits where appropriate. The proposed use would result in a permanent use (i.e. Office - Processing) within an existing building. For reasons explained in the findings above, there is no demonstrated need to limit the proposed hours of operation. Planning Commission Resolution No. 2017 -09 Page 4 5. The degree to which the location of the particular location can be considered a matter of public convenience and necessity. The proposed does not raise any issues indicating a need to determine whether it is a matter of public convenience and necessity. C. Based on its review of the entire record herein, all supporting referenced, and incorporated documents and all comments received and foregoing findings, the Planning Commission hereby approves a Conditional Use Permit for the Project, subject to the conditions of approval attached hereto as Exhibit 1. ADOPTED this 25th day of April, 2017, by the following vote: Commission Member Aye No Absent Abstain Councilmember Albertson X Benedetti- Petnic X Chair Gomez X Lin X Vice Chair Marzo X Pierre X Wolpert X ATTEST: APPROVED AS TO FORM: Lisa Tennenbaidm, Assistant City Attorney Planning Commission Resolution No. 2017 -09 Page 5 Exhibit 1 CONDITIONS OF APPROVAL Fidelity Information Services (FIS) CUP 119 C Street APN:008- 690 -002 File No. PLUP -16 -0022 The Conditional Use Permit approved herein authorizes the operation of an Office - Processing use within the T -5 Zone at 119 C Street (APN; 008 - 690 -002), as shown at Exhibit B, with the following parameters. a. An approximate maximum floor area of 4,985 square feet. b. Business activities that occur indoors. c. No restriction on hours of operation. 2. Expansion (i.e., floor area) of the use authorized herein may be considered under Implementing Zoning Ordinance §24.030.P (Minor Use Permits) at the Planning Director's discretion. When reviewing a proposed expansion, the Planning Manager shall give special attention to the adequacy of vehicular access and parking. 3. The applicant shall purchase and maintain a metal bench within the recessed area along 119 C Street's facade along C Street. If feasible, the bench shall be commissioned by the Petaluma High School. The bench shall be within the same style and materials as the existing metal benches along the parking garage building. Prior to installation, the bench is subject to review and approval by the Planning Manager. 4. Because the bench would be installed in the public right -of -way, an encroachment permit with the Public Works and Utilities Department is required prior to installation. 5. No opaque film, covering or decal shall be installed in front of or behind the windows of 119 C Street which would hinder or completely block visibility between the tenant space and the public right -of- way. 6. No signage is proposed or approved through issuance of this Conditional Use Permit. In accordance with IZO §20.050 (Signs and Sign Structures), building permits are required for all signs. The applicant shall submit for building permits for any proposed or existing signage 60 days following the approval of this permit. 7. No exterior modifications to the existing building are proposed or approved through this application. Any exterior modification to the building require review by Planning staff in accordance with IZO §24.010 (Site Plan and Architectural Review). 8. Pursuant to Implementing Zoning Ordinance §24.030(0), this Conditional Use Permit shall run with the land and shall be valid for the successors in interest of the original grantee. Whenever the use permitted by this Conditional Use Permit has been abandoned, the permit shall be deemed revoked, and shall be null and void in accordance with §24.030(M). Planning Commission Resolution No. 2017 -09 Page 6 9. Within fourteen (14) days of this permit effective date, a business license shall be obtained and remain active for the duration of the use of the site. If more than a twelve (12) month period elapses without an active business license, the use shall be deemed discontinued and a new use permit shall be required to resume operation. 10. 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. The applicant's duty to defend, indemnify and hold harmless in accordance with this condition 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 applicant /developers of any such claim, action or proceeding. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating 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. Planning Commission Resolution No. 2017 -09 Page 7