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HomeMy WebLinkAboutPlanning Commission Resolution 2018-23 07/10/2018RESOLUTION 2018-23 CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE VALERO CONVENIENCE STORE AT 532 EAST WASHINGTON STREET APN 007-061-043 and -042 Project 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: General Plan 1. 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. 2. 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). Implementing Zoning Ordinance The Project is consistent with all development standards of the Mixed Use 1 A (MU1 A) zoning districts, including but not limited to, those pertaining to setbacks, building height, and parking. Planning Commission Resolution No. 2018-23 Page 1 4. The project is consistent with Implementing Zoning Ordinance §24.010 -Site Plan and Architectural Review, in that all required findings found in §24.010(G) can be made as follows: a. The proposed project uses materials which are appropriate for the proposed use, including painted stucco, aluminum composite panels, clear glass store front windows, and faux stone veneer accents to enhance presentation of the site along the East Washington Street corridor. The overall design of the new structure is consistent with the Valero corporate design and will blend with the existing gas station canopy that sits forward on the site. The single -story convenience store is setback from the street to accommodate the primary gas station use of the site and existing canopy, but maintains compatibility with other structures in the immediate area. The new building is in proportion to and does not overwhelm the adjacent structures in the vicinity, many of which are two-story buildings. b. The proposed project reflects the trends for contemporary gas stations to have larger convenience stores function as part of the primary gas station use. The new building will replace an existing building with two service bays with a larger building which has a larger convenience store and one service bay. Therefore, the project will result in a slightly less auto - centered aesthetic within the existing gas station use. The architectural design is compatible with the overall character of the neighborhood, which is a mixture of commercial uses along the East Washington Street corridor, including auto -oriented uses such as a tire store, gas stations, and fast food. Roof -mounted mechanical units will be screened and the existing outdoor storage at the property's rear will be eliminated and replaced with landscaping. c. The new convenience store replaces an existing building on the same site with the same use. The new building is 3,036 square feet and is located at a similar footprint to the existing building. Although the building is sited closer to the existing apartment building (218 Edith Street), the project eliminates the existing outdoor storage area and provides a 15 -foot landscaped setback adjacent to the apartment's driveway. Additionally, replacement of redwood battens for the existing chain-link fence has been conditioned to better buffer the rear of the building from the adjacent residential use. The new structure is setback more than adjacent buildings in the immediate area, but has been sited to work with the existing canopy and primary gas station use of the property and does not appear to create a visual incompatibility within the existing context. d. It appears that the proposed signs in addition to the existing signs may exceed the maximum allowable area of one (1) square foot for every one (1) linear foot of building frontage per IZO§20.050.B.1 (Permitted Area of Signing). The proposed convenience store sign is approximately 50 -square feet (15 feet by 3.5 feet) and the secondary sign for the smog shop is approximately 18 -square feet (9 feet by 2 feet). The existing free-standing monument sign and canopy signs will remain. The proposed building frontage which is approximately 79 feet allows a maximum total sign area of 79 square feet. The project proposes signs which appear to have a combined area of 78 square feet. While the proposed signs appear to meet the maximum sign area, this calculation does not include the area of any existing signs. 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 materials and color palette are consistent with the existing gas station canopy. The single - story massing is lower than nearby buildings to minimize impacts to adjacent residential uses and consistent with the ancillary function of the convenience store within the larger gas station use of the property. Planning Commission Resolution No. 2018-23 Page 2 The project increases the existing site landscaping, particularly along the west -side and rear property lines. New plantings in the existing and proposed beds will enhance the East Washington Street corridor. The two existing street trees are to be preserved and planting of acacia trees behind the new convenience store and at the corner or East Washington Street and Edith Street provide additional buffer between the use and the adjacent apartment building. g. Existing ingress, egress, and internal circulation are maintained on the site. A total of eighteen parking spaces will be provided, adhering to the minimum number of spaces per IZO Table 11.1. Enhanced path of travel and bicycle facilities are incorporated into the project and have been designed to promote safety and convenience within the existing development on the site. 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 Site Plan and Architectural Review for the Project, subject to the conditions of approval attached hereto as Exhibit A. ADOPTED this l Ot" 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 TTEST: He er Hines, Comn Jfission Secretary Scott Alonso, Acting Chair PP VAS TO FORM: Lisa Tennenbaum, `Assistant City Attorney Planning Commission Resolution No. 2018-23 Page 3 SPAR CONDITIONS OF APPROVAL Valero Convenience Store 532 East Washington Street APN 007-061-043 and -042 File PLMA-18-0001 Planning Division Plans submitted to the City of Petaluma for purposes of construction shall be in substantial conformance with the plans on file with the Planning Division and received July 2, 2018, except as modified by these conditions of approval. 2. The colors and materials shall be in substantial conformance with those noted on the plan set and the color board in the project file and received July 2, 2018, except as modified by the following conditions. 3. Prior to the issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions of Approval as notes. Prior to issuance of building permits, all outstanding cost recovery balances shall be paid in full. 5. Prior to the issuance of any development permit, the applicant shall provide documentation that the two lots (APN 007-061-043 and -042) are one lot or shall complete a lot merger through the lot line adjustment process. 6. Prior to building permit issuance all applicable development impact fees, including the public art in -lieu fee if applicable, shall be paid. 7. Prior to issuance of a building permit the applicant shall replace the existing redwood battens in the chain-link fence with new wood battens. 8. Prior to building permit issuance, the landscape plan shall be revised to include the replacement of the two existing street trees on East Washington Street, one of which is dead and one of which is damaged by severe over -pruning. The replacement trees shall be selected from the approved Street Tree List and shall be a large -canopied variety and subject to Planning Manager review and approval. The plans shall note that prior to planting the soil shall be tilled and amended as directed by a tree specialist. Prior to building permit issuance the plans shall be revised to include irrigation to the two replacement trees on East Washington or ensure that alternative means are provided for adequate irrigation during the first three (3) summers subject to Planning Manager review and approval. 10. 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.B.1 (Permitted Area of Signing). 11. The site shall be kept cleared at all times of garbage and debris. No outdoor storage shall be permitted. 12. Prior to issuance of a building permit, any unapproved banners, flags or signs shall be removed. Planning Commission Resolution No. 2018-23 Page 4 13. 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/or light pollution onto adjacent properties, and shall conform to City Performance Standards. 14. The applicant shall post signs to instruct customers to cut their engines to reduce idling when queuing and fueling. The signs shall be installed prior to final inspection. 15. External downspouts shall be painted to match background building colors. Scuppers without drainage pipes may not be installed because of probable staining of walls (overflow scuppers are exempt). 16. All plantings 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. 17. Construction activities shall comply with the following measures and all shall be noted on construction documents: a. Construction Hours/Scheduling: Noise -generating activities at the construction site shall be between 8:00 a.m. and 6:00 p.m. Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturdays. Construction is prohibited on Sundays and all holidays recognized by the City of Petaluma. b. Construction Equipment Mufflers and Maintenance: All construction equipment powered by internal combustion engines shall be properly muffled and maintained. c. Idling Prohibitions: All equipment and vehicles shall be turned off when not in use. Unnecessary idling of internal combustion engines is prohibited. d. Equipment Location and Shielding: All stationary noise -generating construction equipment, such as air compressors, shall be located as far as practical from the adjacent homes. Acoustically shield such equipment when it must be located near adjacent residences. e. Quiet Equipment Selection: Select quiet construction equipment, particularly air compressors, whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working order. f. Staging and Equipment Storage: The equipment storage location shall be sited as far as possible from nearby sensitive receptors. g. Generators: No generators shall be utilized during nighttime hours (i.e., sunrise to sunset) to power equipment (e.g., security surveillance) when normal construction activities have ceased for the day. All such equipment should be powered through temporary electrical service lines. 18. Noise Disturbance Coordinator: The permittee shall designate a "noise disturbance coordinator' who will be responsible for responding to any local complaints about construction noise. This individual would most likely be the contractor or a contractor's representative. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and would require that reasonable measures warranted to correct the problem be Planning Commission Resolution No. 2018-23 Page 5 implemented. The telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. 19. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code Performance Standards (noise, dust, odor, etc.). 20. The contractor(s) shall implement basic and additional air quality construction measures set forth by BAAQMD, including the following: a. Watering of all active construction areas (staging, parking, soil piles, graded areas, unpaved driveways, etc.) shall be performed 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. Signage during construction 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 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. 21. 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. 22. 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. 23. 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: Planning Commission Resolution No. 2018-23 Page 6 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. 24. 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. 25. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within the project without first providing appropriate signs warning of the use of chemicals. The project shall utilize Best Management Practices (BMPs) regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of bicyclists and pedestrians. 26. All tree stakes and ties shall be removed within one year following installation or as soon as trees are able to stand erect without support. 27. Prior to commencing construction activities, a sign shall be posted on the site regarding the allowable hours of construction and contact information for complaints. Proof of sign installation shall be provided to the Planning Manager prior to construction commencing. 28. 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. Fire Department 29. Building data indicates the building will not be provided with an Automatic Fire Sprinkler System. Revise plans to note that all new buildings will be provided with an Automatic Fire Sprinkler System in accordance with National Fire Protection Association (NFPA) 13. 30. Installation of an Automatic Fire Sprinkler System is required per the Petaluma Municipal Code. Installation of the fire sprinkler system requires approved plans and permits from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cut sheets, and calculations. This system must comply with NFPA 13. The fire sprinkler system shall be monitored by a certain station fire alarm system. Installation of the fire alarm system must be conducted with approved plans and permits obtained from the Fire Prevention Bureau prior to work commencing. The fire alarm submittal shall include a permit Planning Commission Resolution No. 2018-23 Page 7 application with three (3) sets of plans, cut sheets, and calculations for review. This system must comply with NFPA 71. 31. Installation of the fire service underground is required per the Petaluma Municipal Code. Installation of the fire service underground requires separate approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cut sheets, and calculations. This system must comply with NFPA 13 and 24. 32. The project shall show compliance with all applicable provisions of California Fire Code Chapter 23, Motor Fuel -Dispensing Facility and Repair Garages. 33. The project shall show compliance with all applicable provisions of the California Fire Code Chapter 50, Hazardous Materials. 34. The project shall show compliance with all CUPA requirements. The plans shall be submitted for the removal of the existing underground storage tank and installation of new underground storage tank to the Petaluma Fire Department for approval, prior to commencement of work. 35. Parking and loading zones placed over underground tank covers is not recommended or an industry best practice. 36. The removal of underground storage tanks (UST) require separate permits and plans approved by the Fire Department prior to work commencing. The plan submittal shall include a permit application with three (3) sets of plans, cut sheets, and other supporting documentation that sufficiently demonstrate that al local State and Federal regulations have been met and that the contractor(s) possess the required certifications. Removal requirements can be found on the City of Petaluma website: http://www.cityofpetaluma.net/fireder)t/preventiLDn.htmi. 37. The installation of underground storage tanks (UST) requires separate permit and plans approved by the Fire Department prior to work commencing. The plan submittal shall include a permit application with three (3) sets of plans, cut sheets, and other supporting documentation that sufficiently demonstrate that all local, State and Federal regulations have been met and that the contractor(s) possess the required certifications. Public Works and Utilities Department (Engineering Division) 38. The properties shall be merged prior to issuance of a building permit. The applicant shall submit a development application to the Planning Division to merge the properties. 39. All portions of broken, displaced and cracked sections of sidewalk, pedestrian ramps and driveway approaches, one-half inch or greater, shall be removed and replaced along the East Washington Street and Edith Street frontages. 40. Provide gutter flow calculations, prepared by licensed Civil Engineer, for the proposed drainage discharge into East Washington Street. The drainage calculations shall meet design criteria set forth in the Sonoma County Water Agency flood control design manual. The proposed pressure line shall discharge into a junction box located on private property and gravity flow through curb drains into the gutter. No lot -to -lot drainage is allowed. 41. The project shall comply with the City's street paving restoration standards. 42. Submit a completed and signed Construction Erosion and Sediment Control Applicant Package in accordance with provision E.10 of the City's storm water regulations. Planning Commission Resolution No. 2018-23 Page 8 43. Provide details on spill containment measures. BMPs shall be incorporated to prevent possible fuels spill from directly connecting into the public storm drain system. 44. The project owner shall enter into the City's standard agreement for storm water facilities maintenance of post construction best management practices. 45. The project shall comply with the City's landscape efficiency requirements. 46. Provide clarification on whether food will be prepared or heated in the proposed facility. 47. The project is responsible for paying additional sewer capacity fees. 48. Any work within the public right of way requires an encroachment permit application from the Public Works and Utilities Department. 49. On plans submitted for a building permit, provide a proposed grading, utility and drainage plan per City standards. Police Department 50. High definition security cameras with a minimum 15 -day storage capability shall be installed and maintained. Security cameras shall cover and record all publicly accessible areas throughout the property, as well as the rear and sides of the structure. Building Division 51. The project shall comply with current codes. The project requires complete review with building permit applications. Planning Commission Resolution No. 2018-23 Page 9