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HomeMy WebLinkAboutPlanning Commission Resolution 2018-27 09/11/2018RESOLUTION 2018-27 CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE NEW FOUR -UNIT COMMERCIAL BUILDING LOCATED AT 1395 NORTH MCDOWELL BOULEVARD APN: 007-411-047 FILE NO. PLSR-18-0002 WHEREAS, Hany Malak of McKently Malak Architects., submitted on behalf of property owner TVBHA, LLC, an application for Site Plan and Architectural Review for the construction of a new 6,380 square foot, four -unit restaurant building, 92 off-street vehicular parking spaces, as well as site improvements including landscaping within the Redwood Technology Center PUD zone, located on a 0.34 -acre site at 1395 N McDowell Boulevard (APN 007-411-047) (the "Project"); and WHEREAS, public notice of the initial Planning Commission hearing was published in the Petaluma Argus -Courier and mailed to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with the City Council Resolution No. 18-107; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider Site Plan and Architectural Review for the Project on September 11, 2018, at which time all interested parties had the opportunity to be heard; and WHEREAS, at said hearing, the Planning Commission considered the staff report, dated September 11, 2018, and all public testimony provided prior to and at the public hearing; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION 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. . In March of 2003, the Petaluma City Council adopted Resolution No. 2003-048 certifying the Final Environmental Impact Report (EIR) prepared for the Redwood Technology Center. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines § 15303 (New Construction or Conversion of Small Structures) which applies to, among others, the construction of commercial buildings not exceeding 10,000 square feet in floor area in urbanized areas. 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. Planning Commission Resolution No. 2018-27 Page 1 General Plan b. The Project is consistent with the General Plan 2025 Business Park (BP) land use designation in that the BP designation accommodates business and professional offices, technology park clusters, research and development, light industrial operations, and visitor service establishments, with commercial/retail as secondary uses. c. The Project is, for the reasons discussed in the September 11, 2018 Planning Commission staff report, consistent with the following General Plan policies: Policy 1-P-14 (Landscaping Buffers); Policy 2-P-91 (North McDowell Boulevard); and Policy 9-P-16 (Strengthen Retail Concentrations). Redwood Technology Center PUD d. The Project is consistent with all development standards of the Redwood Technology Center PUD zoning district, including but not limited to, those pertaining to lot area, lot width, lot depth, coverage, height, and parking. Implementing Zoning Ordinance e. 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: The use of quality materials in appropriate proportions, as well as common design themes/materials on the differing facades will provide harmony of the overall design. The window assembly areas on the north, south, east, and west elevations feature dark bronze metal storefront components. Above the storefront system, the upper portion of the building elevations include a mix of vertical corten steel panels, off-white smooth steel trowel stucco, and horizontal slate grey metal siding. A grey concrete base is utilized on the lower portions of the building's fagades and elevated pad. The rooftop is composed of zinc grey standing seam metal. A number of HVAC units and exhaust fans are located on the roof and are screened by the sloped metal roof to obstruct public views of the equipment. ii. The project site is located at the northern most point of the Redwood Technology Center PUD site and adjacent to two, three-story technology office buildings. Other commercial and office buildings are located across N. McDowell Boulevard, Old Redwood Highway, and Redwood Way from the project site. The adjacent commercial and office buildings include varying architectural styles tailored to the commercial and office tenants. The proposed architectural style would feature a contemporary design that will be appropriate given the mixed aesthetic of commercial structures in the project area. The project has been designed so that the building corresponds to the surrounding commercial character of the neighborhood, as well as the architecture of the area. iii. Buildings in the surrounding vicinity are large commercial and office buildings that have been sited adjacent to and in the center of large surface parking lots with landscaped areas. The proposed building has been sited at the northern most point of the Redwood Technology Center PUD site with the associated parking area to the east that includes existing and proposed parking lot landscaping and a landscaping buffer along N. McDowell Boulevard and Old Redwood Highway. Accordingly, the siting of the structure on the PUD site has been designed to respond to the siting of other structures in the neighborhood and with the project environs. iv. As the project currently excludes signage, this.finding is not applicable. Any future sign permit proposing signage for the new commercial building will need to comply with the sign standards of the Implementing Zoning Ordinance. v. The project is located in a commercial area that features single -story commercial buildings. Planning Commission Resolution No. 2018-27 Page 2 The proposed structure is a single -story, commercial structure that features the same or less bulk and height as other structures in the area. Additionally, the proposed buildings natural colors and materials are consistent with the natural colors of the surrounding development. For all these reasons, the project's bulk, height, and color is compatible with the immediate neighborhood. vi. The existing trees along N. McDowell Boulevard and within the adjacent parking area would be retained as part of the project. The proposed landscape plans include low- to moderate - water usage tree and shrub species along the N. McDowell Boulevard and Old Redwood Highway street frontages and adjacent the outdoor seating area on the south side of the building. The trees species proposed include three (3) Sour Gum (Nyssa sylvatica) along the Old Redwood Highway building frontage, two (2) Western Redbud (Cercis accidentalis), and three (3) Columbia Sycamore (Platanus 'Columbia'). Six different shrubs and perennials are located throughout the project site's proposed landscaping areas. The new electrical transformer located toward the south end of the subject parcel along Old Redwood Highway frontage will be screened with densely planted shrubs and tree. Three species of new groundcover will be utilized. All landscaping will be irrigated with a low water use drip irrigation system, and the project's landscaping will be designed to meet the requirements of the City's Water Conservation Regulations. For all these reasons, the project includes landscaping to approved city standards and preserves existing trees wherever possible. vii. The project's ingress, egress, internal circulation for bicycles and automobiles, off-street automobile and bicycle parking facilities, and pedestrian ways promote safety and convenience and conform to City and the Redwood Technology Center PUD standards. The proposed vehicular parking spaces will meet the minimum requirements of the approved PUD, while the bicycle parking spaces will meet the standards of the IZO. The site will continue to have adequate access via three shared driveways with the adjacent buildings in the PUD. Furthermore, the Fire Department has indicated that it will have adequate emergency access to the site. For these reasons, the project provides a safe circulation environment which conforms to city standards. 3. Based on its review of the entire record herein, including the September 11, 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 1. Planning Commission Resolution No. 2018-27 Page 3 ADOPTED this 1 1 th day of September, 2018, by the following vote: Commission Member Aye No Absent Abstain Councilmember Healy X Chair Marzo X Vice Chair Alonso X Bauer X Benedetti-Petnic X Gomez X Wolpert X ATTEST: //';Zd/A/I He her Hines, Com fission Secretary Scott Alonso, Vice Chair APPROVED AS TO FORM: Lisa TennenbauTf, Assistant City Attorney Planning Commission Resolution No. 2018-27 Page 4 Exhibit 1 SPAR CONDITIONS OF APPROVAL New Four -Unit Commercial Building Located at 1395 North McDowell Boulevard APN: 007-411-047 File No. PLSR-18-0002 Planning Division 1. Plans submitted to the City of Petaluma for purposes of construction shall be in substantial conformance with plans on file with the Planning Division and dated July 3, 2018, except as modified by these conditions of approval. 2. Prior to Building Permit issuance, the applicant shall provide the City with an electronic copy of final/approved plans in PDF format on either a CD or USB drive. 3. 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 IZO §24.010. 4. Prior to building permit issuance, all applicable development impact fees, including the public art in - lieu fee, shall be paid. 5. At all times the site shall be kept cleared of garbage and debris. No outdoor storage shall be permitted. 6. 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. 7. Both construction and post -construction business operations shall comply with all performance standards of Implementing Zoning Ordinance Chapter 21. 8. All lighting shall be glare -free, hooded, and downcast in order to prevent glare into bicyclists' and pedestrians' eyes and/or light pollution onto adjacent properties. 9. Bicycle racks shall comply with size dimensions and location/installation requirements outlined in 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. 10. 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. 11. 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. 12. 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. Planning Commission Resolution No. 2018-27 Page 5 13. All standpipes, check valves, and other utilities shall be placed underground or fully screened from view by decorative screening structures or landscaping to be reviewed and approved by the Planning Manager. 14. No signage is approved by this permit. Separate sign permits in compliance with Chapter 20 of the Implementing Zoning Ordinance shall be obtained prior to the installation of signage. 15. 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. 16. 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. Public Works & Utilities Department 17. The site is located in the special flood hazard area and an area that requires zero net fill in accordance with City code and policy. Provide calculations and a report with the building permit application demonstrating zero new fill is accomplished with this project. 18. The finished floor elevation shall be at least two feet above the 100 -year flood surface elevation, or at least one foot above with commercial floodproofing installed per City General Plan policies. Prior to final inspection, the applicant shall complete and submit an elevation certificate demonstrating the finished floor elevation was constructed appropriately. 19. Provide a storm water quality report that demonstrates compliance with BASMAA (Provision E.12 of the City's storm water permit) for post construction storm water treatment requirements, with the building permit submittal. 20. All portions of existing sidewalk immediately adjacent to the North McDowell and Old Redwood Highway project street frontages that is broken, displaced, cracked, in excess of '/2 inch shall be removed and replaced with City standard sidewalk. 21. The proposed lot line adjustment shall be completed and recorded prior to issuance of a building permit. Submit a lot line adjustment application to the Planning Department, prior to, or at the time the building permit is submitted. 22. Provide a preliminary title report for the affected parcels, less than six months old. 23. An encroachment permit is required from the City of Petaluma for any work within City right of way, and from Caltrans, for any work within Caltrans right of way. The applicant shall provide the City a copy of any necessary, approved encroachment permits from Caltrans. 24. All proposed trash enclosures shall be covered and plumbed to the sanitary sewer, with a hose bib located nearby for wash down purposes. 25. The project is responsible for paying water, sewer and storm drain impact/capacity fees, prior to issuance of a building permit. Planning Commission Resolution No. 2018-27 Page 6 Fire Department 26. The fire sprinkler system shall be monitored by a central station fire alarm system. Approved plans and permit must be obtained from the Fire Prevention Bureau prior to work commencing. The fire alarm submittal shall include a permit application with three (3) sets of plans, cut sheets, and calculations for review. This system must comply with NFPA 72. 27. Provide one (1) fire extinguisher with a minimum 2AIOBC-rating for each 3000 square feet. There shall be no more than 75 -feet travel distance from any location to a fire extinguisher. The location is to be determined by the fire inspector at time of inspection. Fire extinguishers shall be visible and easily accessible, located in egress pathways, and mounted no higher than 5' from top of extinguisher to finished floor. 28. Provide a Knox box for fire department access. Location of the Knox box will be determined by the fire inspector during inspection. 29. All commercial kitchen equipment used for cooking producing grease laden vapors shall be served by a Type I hoed and protected by an approved automatic fire extinguishing system. • Fire extinguishing systems shall be installed by a licensed contractor with approved plans and permit obtained 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 UL300. • Provide a type "K" fire extinguisher in the kitchen. 30. Installation of an automatic fire sprinkler system is required per the Petaluma Municipal Code. Installation the fire sprinkler system requires 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. The fire sprinkler system shall be monitored by a central station fire alarm system. Installation of the fire alarm system must be conducted with approved plans and permit obtained from the Fire Prevention Bureau prior to work commencing. The fire alarm submittal shall include a permit application with three (3) sets of plans, cut sheets, and calculations for review. This system must comply with NFPA 72. 31. The storage, use, and handling of hazardous waste or hazardous materials above the reporting threshold (55 gallons of a liquid, 200 cubic feet of a gas, or 500 lbs of a solid) may require the submittal of a Hazardous Materials Business Plan (HMBP) via CERS on- line reporting system prior to your final inspection. If you have any questions, please contact the Fire Prevention Bureau (707) 778-4389 for details. 32. Storage/use of carbon dioxide gas (CO2) in excess of200 ft3 or cryogenic CO2 in any quantity require the submittal of a Hazardous Materials Business Plan (HMBP) via CERS on-line reporting system prior to final inspection. Contact the Fire Prevention Bureau (707) 778-4389 for details. The comments below are not required to be addressed with the above conditions of approval. Plumbing plans will be required to be submitted with the construction plan set to show compliance with the following comments: • The grease interceptor must meet the minimum size requirement based on the total number of fixture units feeding into it. If multiple suites are feeding the same grease interceptor, an agreement must be on file with Environmental Services indicating that the property owner or manager is responsible for maintaining the grease removal device to City of Petaluma standards. Planning Commission Resolution No. 2018-27 Page 7 • Based on the Misc. Commercial rate, the sewer capacity fee for the building would be $13,151.44. Based on the Restaurant rate, the capacity fee for the building would be $120,881.92. In addition, the inclusion of a gravity grease interceptor typically indicates food service. If the building is to be built as a shell, the developer will need to pay the sewer capacity fees for misc. commercial ($2,062.00 per 1,000 sq. ft.) as above, and tenants would have to pay the difference for any additional capacity fee prior to tenant improvement. Patio space is considered part of the square footage of a restaurant or food service facility. If any of the suites is to become food service, the capacity fee calculation will include the patio space. Planning Commission Resolution No. 2018-27 Page 8