HomeMy WebLinkAboutPlanning Commission Resolution 2018-06 02/13/201801
APPROVING A CONDITIONAL USE PERMIT TO .
OPERATE "COMMERCIAL RECREATION - INDOOR" AND "COMMERCIAL RECREATION -
OUTDOOR" USES WITHIN THE COMMERCIAL 2 (C2) ZONE AND FLOODPLAIN OVERLAY ZONE FOR
THE FREE RANGE MINI GOLF PROJECT LOCATED AT 5101. MONTERO WAY
APN: 007-421-026
File No: PLMA-17-0007
WHEREAS, Kelly Valera, on behalf of the property owner Theresa Teuma, submitted an
application for Site Plan and Architectural Review for site improvements including landscaping and the
installation of an exterior 18 -hole miniature golf course, and for a Conditional Use Permit to operate a
"Commercial recreation - Indoor" and "Commercial recreation - Outdoor" uses within the Commercial
(C2) zone with 'a Floodplain Overlay (FP), located on an 1.28 -acre property at 5101 Montero Way (APN
007-421-026) (the"' Project"); and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider Site Plan and
Architectural Review and the Conditional Use Permit for the Project on February 13, 2018, at which time
all interested parties had the opportunity to be heard; and
WHEREAS, public notice was published in the Petaluma Argus -Courier and mailed to residents
and occupants within 500 feet of the Project site in compliance with state and local law; and
WHEREAS, at said hearing, the Planning Commission considered the staff report, dated February
13, 2018 and all public testimony provided prior to and at the public hearing; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS
FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the Planning Commission makes the following
findings:
California Environmental Quality Act
a. The Project is categorically exempt from the California Environmental Quality Act (CEQA) under
CEQA Guidelines §15301 (Existing Facilities) which applies to, among others, the interior or
exterior alterations involving such things as interior partitions, plumbing, and electrical
conveyances. The project also does not trigger any of the exceptions to the exemption outlined
in CEQA Guidelines §15300.2 since it: (a) does not concern an environmental resource of
hazardous or critical concern that has been designated, precisely mapped, and officially
adopted pursuant to law by federal, state, or local agencies; (b) has no identifiable cumulative
effects; (c) there are no unusual circumstances leading to a significant effect; (d) there are no
hazardous materials on-site; (e) it is not visible from a State scenic highway; and (f) does not
include a historic resource.
General Plan
b. The Project is consistent with the General Plan 2025 Community Commercial (CC) land use
designation in that the CC designation accommodates shopping centers and commercial
districts, including regionally -oriented centers. The' project site is located within the North
Planning Commission Resolution No. 2018-06 Page 1
McDowell Boulevard subarea of the General Plan which includes highway -oriented commercial
uses such as hotels, restaurants, retail stores and auto service stations and business park
complexes featuring office and light industrial uses.
c. The Project is, for the reasons discussed in the February 13, 2018 Planning Commission staff report,
consistent with the following General Plan policies: Policy 1-P-10 (Maintain Neighborhood
Centers), Policy 1-P-14 (Integrate Land Uses), Policy 2-P-5 (Visual and Aesthetic Character),
Policy 9-P-1 (Basic Economic Activities), and Policy 9-P-8 (Economic Development Supportive of
Life Quality).
Implementing Zoning Ordinance
d. The Project is consistent with all development standards of the Commercial 2 (C2) zoning district,
including but not limited to, those pertaining to setbacks, building height, and parking.
e. The project is consistent with Implementing Zoning Ordinance (IZO) §24.030 - Conditional Use
Permit, in that all required findings found in §24.030(G) can be made as follows:
i. _ The siting of the building or use, and in particular:
The project site is adequate to accommodate "Commercial recreation - Indoor" and..
"Commercial recreation - Outdoor" uses in that adequate parking and landscaping can
be accommodated on the site, and the proposed commercial uses are consistent with
the all -commercial surrounding area. The project includes operational characteristics, as
described within the Planning Commission staff report dated February 13, 2018, which
adequately accommodate the use and all related activities.
2. Outdoor activities are limited to the southwest portion of the site where the outdoor 18 -
hole miniature golf course will be located. The outdoor miniature golf course is well set
back from adjacent uses and the project site will feature landscaping buffers to provide
an adequate visual buffer between the surrounding commercial uses.
3. The project is expected to have minimal effects on adjoining properties with respect to
peace and quiet in that the surrounding properties are commercial in nature, and
furthermore, will have operating hours from 10 a.m. to 10 p.m., which will allow for
consistency with the adjacent hotel use. The proposed uses and site development must
be consistent with Implementing Zoning Ordinance Chapter 21 in relation to
performance standards for noise and light. Therefore, no impacts to the protection of
outlook, dight, or air for neighboring properties are expected as a result of allowing the
indoor and outdoor recreation uses.
4. The indoor and outdoor recreation project does not include any display of goods and
services or signage that Would impact surrounding uses in the adjacent neighborhood.
5. The introduction of outdoor and indoor recreation uses on the site will be of an
appropriate intensity since the project introduces a commercial use to an existing
commercial, auto -oriented neighborhood that features uses that are more intensive than
the proposed uses.
ii. Traffic circulation and parking, and in particular:
1. Given the. proposed uses (outdoor and indoor recreation uses) an inordinate amount of
traffic is not expected. to be generated that would adversely affect Montero Way and
other nearby streets that serve the project site.
2. The locations for site access will not change as a result of the project, and will continue
Planning Commission Resolution No. 2018-06 Page 2
to be adequate after the project. The site is accessed via a drive lane and from the
shared parking lanes with the adjacent hotel use to the north. The drive lane will
become a fire lane with red -painted curbs and no parking to allow for adequate
emergency access after completion of the project. Adequate automobile parking is
provided at the parking lot to accommodate users and employees of the proposed uses
at a ratio in excess of minimum requirements defined by IZO Table 11.1.
3. As indoor and outdoor recreation uses, the proposed development does not create any
regular associated truck traffic outside of weekly garbage truck service and occasional
delivery services.
4. The proposed project includes sufficient access for fire apparatus vehicles through
roadways with adequate width and, where roadways exceed 150 feet in length,
adequate turnaround area. This serves to promote the protection of public safety
through conformance with mandatory provisions of the Petaluma Fire Code.
iii. The compatibility of the proposed building or use with its environment, and in particular:
1. As indoor and outdoor recreation uses, the project will introduce an appropriate number
of users and activity level to the site and surrounding 'neighboring uses. No uses of
unusual public importance are located in the surrounding commercial, auto -oriented
development.
2. The project proposes indoor and outdoor recreation uses with specific hours of
operation. The recreation uses will be in daily operation from 10 a.m. to 10 p.m. These
operating hours are not expected to cause conflicts with surrounding commercial land
uses - particularly the adjacent hotel use.
3. By allowing outdoor and indoor recreation uses on the project site, no significant off-site
effects are anticipated such as noise, dust, odors, light, or glare. The nature of the
proposed uses are not anticipated to generate significant off-site effects and must
comply with Implementing Zoning Ordinance Chapter 21 so as to not create
objectionable noise, dust, odors, light, or glare.
4. The project does not pose any special hazards to the public arising from the intended
uses, as they are recreational uses that do not necessitate typical considerations that
may arise from more intense uses.
5. The project utilizes an appropriate amount of space of the project site, and the project
meets all developments standards outlined in the IZO.
iv. The expected durations of the conditional uses are permanent, and the setting of time limits
is not appropriate for this project.
v. Petaluma does not currently have a similar recreational experience as has been proposed
by the uses in the project. Citizens and workers of Petaluma would not have to leave the
city in order enjoy similar recreational activities in other nearby towns and cities that
proposed uses would afford. Furthermore, the use is expected to provide employment
opportunities for potentially underemployed citizens or citizens potentially looking for a first
employment opportunity. For these reasons, the project can be considered a matter of
public convenience and necessity.
3. Based on its review of the entire record herein, including the February 13, 2018 Planning Commission
staff report, all supporting, referenced, and incorporated documents, and all comments received,
the Planning Commission hereby approves a Conditional Use Permit for the Project, subject to the
conditions of approval attached hereto as Exhibit 1. -
Planning Commission Resolution No. 2018-06 Page 3
ADOPTED this 13th day of February, 2018, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember
Healy
X
Chair Benedetti-
Petnic
X
Alonso
X
'Bauer
X
Gomez
X
Marzo
X
Vice Chair Wolpert
X
ATTEST:
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F her Hines, Co. ►i mission Secretary
`mina Ben etti - retnic, hair
APPROVED AS TO FORM:
2
Lisa Tennenb m, Assistant City Attorney
Planning Commission Resolution No. 2018-06 Page 4
CUP CONDITIONS OF APPROVAL
Free Range Mini Golf Project
Located at 5101 Montero Way
APN: 007-421-026
File No. PLMA-17-0007
Planning Division
Exhibit 1
This Conditional Use Permit authorizes "Commercial recreation - Indoor" and "Commercial
recreation - Outdoor" uses including the following operational characteristics:
a. Standard hours of operation are daily between the hours of 10:00 AM to 10:00 PM;
b. Any outdoor amplified speaker system must be consistent with the performance
standards for noise of IZO Chapter 21; and,
c. Any proposed outdoor lighting must be consistent with the performance standards for
glare of IZO Chapter 21.
d. A temporary landscaping plan must be submitted, approved and executed to the
satisfaction of the Planning Director for the area occupied by the 18 -hole mini golf
course in the instance it is pursued subsequent to occupancy of the existing primary
commercial structure.
2. This approval authorizes the following construction and use commencement phasing. Phase
I shall include the establishment of the "Commercial recreation - Indoor" use including all
interior improvements to the existing commercial building and site improvements including
all site landscaping and site improvements. Phase II shall include the establishment of the
"Commercial recreation - Outdoor" use which includes the installation of the outdoor
miniature golf course.
3. If the phasing referenced at Condition 2 is retained, a temporary landscaping plan shall be
submitted, approved and executed in the field to the satisfaction of the Planning Manager,
prior to commencement of Phase 1. Said landscape plan shall address the area occupied
by the outdoor 18 -hole mini golf course. The temporary landscaping installation may include
any combination of grass, seating, potted plants, and art pieces. No parking, loading, or
outdoor storage may be allowed in this area and new permanent tree plantings may not be
allowed in this area.
4. Prior to issuance of any grading or building permit for the project, compliance with IZO
Chapter 6 (Floodway and Flood Plain Districts) must be demonstrated to the satisfaction of
the Floodplain Administrator.
Planning Commission Resolution No. 2018-06 Page 5