HomeMy WebLinkAboutPlanning Commission Resolution 2018-22 07/10/2018RESOLUTION 2018-22
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR
VALERO AT 532 EAST WASHINGTON STREET
APN 007-061-043 and -042
File NO. PLMA-18-0001
WHEREAS, Ed Hale, on behalf of property owners Ali Salkhi and Souri Salkhi, Trustees, submitted
applications for a Conditional Use Permit and Site Plan and Architectural Review for the construction of a
new Valero convenience store, landscaping and associated site improvements located at 532 East
Washington Street (the "Project"); and
WHEREAS, the project has been reviewed in compliance with the California Environmental Quality
Act (CEQA) and has been determined to be categorically exempt pursuant to CEQA Guidelines Section
25301, Class 1, Existing Facilities, section E.2, which allows additions to existing structures provided that
they are less than 10,000 square feet on sites where public services and facilities are available and where
the area is not environmentally sensitive; and
WHEREAS, on June 28, 2018, a Notice of Public Hearing was published in the Argus Courier and
mailed to all residents and property owners within 1,000 feet of the project including the individual units
of the adjacent apartment building; and
WHEREAS, the Planning Commission held a properly noticed public hearing on July 10, 2018 in
accordance with the City of Petaluma's Implementing Zoning Ordinance (IZO), Section 24.01 OF.
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:
1. The existing gas station received a Conditional Use Permit in 1969 specifically to allow the addition
of one service bay (and the paving of the adjacent lot to south) to the existing service station. The
proposed project maintains and expands the convenience store component of the existing gas
station use of the site.
General Plan
2. The Project is consistent with the General Plan 2025 Mixed Use (MU) land use designation in that
the MU classification includes a combination of uses including service commercial. The project
site is located within the Washington Corridor Subarea of the General Plan which serves as the
principal east/west connector and one of the primary gateways into the community.
The Project is, for the reasons discussed in the July 10, 2018 Planning Commission staff report,
consistent with the following General Plan policies: Policy 2-P-23 (Facilitate development patterns
that provide an urban edge), Policy 4-P-7 (Reduce motor vehicle related air pollution), Policy 4-P-
10 (Require alternative charging/fueling facilities), Policy 5-P-23, (Require pedestrian site access),
Policy 9-P-2 (Developments complementing Petaluma's existing economy).
Planning Commission Resolution No. 2018-22 Page 1
Implementing Zoning Ordinance
4. The Project is consistent with all development standards of the Mixed Use 1 A (MU 1 A) zoning
districts, including but not limited to, those pertaining to setbacks, building height, and parking.
5. 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:
a. The proposed improvements to the existing gas station and reconstruction of an expanded
convenience store, as conditioned, will conform to the requirements and intent of the
Implementing Zoning Ordinance, specifically, the gas station use (inclusive of the
convenience store) is suitably located on the East Washington Street corridor and in proximity
to other auto related uses. The proposed project strengthens the visual character of the
corner site at East Washington and Edith Streets by providing a variety of architectural
materials, textures and color, and more than 3,300 square feet of landscaping.
b. The enlarged convenience store is located approximately 15 feet from the rear property line,
adjacent to a residential use. The elimination of existing outdoor storage, creation of a
landscaped rear setback, and repair of the existing screening fence will reduce existing
impacts to residential users on the adjacent parcel.
c. The proposed project, as conditioned, has been designed to reduce impacts to adjacent
residential uses by screening all roof -mounted mechanical units, elimination of existing
outdoor storage, creation of a landscaped rear setback, and repair of the existing screening
fence to reduce existing impacts to residential users on the adjacent parcel.
d. The project proposes a convenience store sign that is approximately 50 -square feet (15 feet
by 3.5 feet) with an internally illuminated yellow body with "Valero" gray lettering. An
approximately 18 -square foot (9 feet by 2 feet) secondary sign is proposed for the smog shop.
The applicant proposes no changes to the existing monument sign. The location, design, and
colors are appropriate for the proposed use. As conditioned, the proposed wall signs are not
approved. Prior to installation, all signs require review under a separate building permit. All
signs must be reviewed in total and must adhere to the maximum allowable area per
IZO§20.050.B.1 (Permitted Area of Signing).
e. The expansion of the convenience store component of the gas station use and site
improvements, as conditioned, is consistent with those standards listed in the Implementing
Zoning Ordinance Section 24.030G in that the project continues the existing gas station use,
incorporates appropriate screening for the propane filling area and air and water pump
station, maintains existing ingress, egress, and internal circulation, and provides on-site
parking consistent with applicable requirements.
Proposed hours of operation are 5:00 a.m. to 11:00 p.m. which will expand the current business
hours. Because the proposed hours exceed 7:00 a.m. to 10:00 p.m. Monday through Friday
and 9:00 a.m. to 10:00 p.m. on weekends, a CUP is required per IZO§21.030.B due to the gas
station's location abutting a residential use. These hours of operation are longer than the
adjacent restaurants and fire store, but are comparable to other gas stations on East
Washington Street including Chevron and Shell, both of which also abut residences.
Therefore, staff recommends approval of the expanded hours of operation as the longer
hours are appropriate for the convenience store use, and appear to be consistent with other
gas stations along the East Washington corridor.
The proposed project is a suitable commercial activity on a major arterial. The intensity of
activity of the expanded convenience store will result in an intensity which is relatively
unchanged from the existing conditions, and which is compatible with the surrounding area.
Planning Commission Resolution No. 2018-22 Page 2
g. Based on the following, the proposed project, as conditioned, will not constitute a nuisance
or be detrimental to the public welfare of the community as all activity associated with the
enlarged convenience store shall occur within the building. The new convenience store is not
anticipated to generate significant increase in the trips to the existing gas station and is also
not anticipated to increase noise or odors as a result of the continued use of the site. The
proposed project would result in a permanent use. The proposed use 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, including the July 10, 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 A.
ADOPTED this 10th day of July, 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:
H ther Hines, Comm' on Secretary
Scott Alonso, Acting Chair
PROVED AS TO FOR
Lisa Tennenbaum
istant City Attorney
Planning Commission Resolution No. 2018-22 Page 3
Exhibit A
CUP CONDITIONS OF APPROVAL
VALERO CONVENIENCE STORE
532 EAST WASHINGTON STREET
APN 007-061-043 and -042
File No. PLMA-18-0001
1. This Conditional Use Permit authorizes Valero to operate as a gas station with convenience store
and appurtenant facilities at 532 East Washington Street.
2. The hours of operation shall be 5:00 a.m. to 11:00 p.m. Sunday through Saturday; which expands
the businesses current hours of operation of 6:00 a.m, to 9:30 p.m. and is consistent with other gas
stations in the area.
3. Prior to issuance of building permits, all outstanding cost recovery balances shall be paid in full.
4. At no time shall business activities exceed Performance Standards specified in Implementing
Zoning Ordinance Section 21.040 and/or the General Plan.
S. This action does not approve the proposed wall signs. Prior to installation, all signs require review
under a separate building permit. All signs must be reviewed in total and must adhere to the
maximum allowable area per IZO§20.050.8.1 (Permitted Area of Signing).
The site shall be kept cleared at all times of all garbage and debris. No outdoor storage is
permitted.
The applicants/developers shall defend, indemnify, and hold harmless the City or any of its boards,
commission, agents, officers, and employees from any claim, action or proceeding against the
City, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the
approval 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 if the City bears its own attorney's fees and costs, and the City defends the
action in good faith.
Planning Commission Resolution No. 2018-22 Page 4