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HomeMy WebLinkAboutStaff Report 5.A 01/28/2019 Attachment 06-01ATTACHNIENT 1 RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL DENYING THE APPEAL FILED BY JOANN MCEACHIN AND AFFIRMING THE PLANNING COMMISSION'S DECISION APPROVAL OF SITE PLAN AND ARCHITECUTRAL REVIEW FOR THE SAFEWAY FUEL CENTER PROJECT LOCATED AT 335 SOUTH McDOWELL BOULEVARD ASSESSOR'S PARCEL NO. 007-820-046 File No. PLSR 13-0012 WHEREAS, Rutan & Tucker, LLP., on behalf of property owner Washington Square Associates, LLC., submitted an application for Site Plan and Architectural Review approval to demolish an existing 13,770 square foot vacant building and construct a new 5,931 square foot fueling canopy, 16 fuel dispensers, a 697 -square foot convenience store, and associated landscaping and appurtenant parking ("Project") located at 335 South McDowell Boulevard at APN 007-820-046; and WHEREAS, public notice was published in the Argus Courier on April 5, 2018 and mailed to residents and occupants within 500 feet of the project site, in compliance with state and local law; and WHEREAS, on May 8, 2018, the City's Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance §24.010, to consider the Project; at which time all interested parties had the opportunity to be heard; and WHEREAS, on May 8, 2018, the Planning Commission continued the item to a date certain of June 26, 2018 to allow interested parties an opportunity to review technical studies and comments received about the project; and WHEREAS, public notice was published in the Argus Courier on June 14, 2018 and mailed to all occupant and property owners within a 500 -foot radius and all public commenters on the project; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 26, 2018, at which time all interested parties had the opportunity to be heard; and, WHEREAS, on June 26, 2018, the Planning Commission considered the staff reports dated May 8, 2018 and June 26, 2018, analyzing the application, including the California Environmental Quality Act ("CEQA") determination included therein; and WHEREAS, on June 26, 2018 and prior to acting on the Site Plan and Architectural Review application, the Planning Commission adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared pursuant to the California Environmental Quality Act ("CEQA") for the Project via Resolution 2018-20; and WHEREAS, on June 26, 2018 the Planning Commission approved Site Plan and Architectural Review for the Safeway Fuel Center project pursuant to Resolution 2018-21 and including conditions of approval as outlined in Exhibit 1; and 6-1-1 ATTACHMENT 1 WHEREAS, on July 9, 2018, JoAnn McEachin filed an appeal to the City Council of the Planning Commission's adoption of Resolution 2018-21 approving Site Plan and Architectural Review for the Safeway Fuel Center project; and. WHEREAS, on September 6, 2018 a public notice for the appeal hearing before the City Council was published in the Argus Courier and mailed to all property owners and occupants within 1,000 feet of the subject property; and WHEREAS, a staff report dated September 17, 2018 and incorporated herein by reference analyzed the appeal; and WHEREAS, the City Council considered the appeal at a noticed public hearing on September 17, 2018 at which time all interested parties had the opportunity to be heard. NOW THEREFORE BE IT RESOLVED that on September 17, 2018 the City Council fully considered all evidence presented before and at the duly noticed public hearing regarding this matter, and on the basis of the staff report, testimony and other evidence, and the record of proceedings herein, denies the appeal of JoAnn McEachin filed with the City Clerk on July 9, 2018 and affirms the Planning Commission's approval of Site Plan and Architectural Review for the Safeway Fuel Center project (PLSR 13-0012) located at 335 South McDowell Boulevard. BE IT FURTHER RESOLVED that the City Council, adopts the following findings for denial of the appeal, as supported by the record of proceedings: CEQA Based on its review of the entire record herein, including the Mitigated Negative Declaration, the Initial Study, Response to Comments, all supporting, referenced and incorporated documents and all comments received, the Planning Commission finds that there is no substantial evidence that the Project will have a significant effect on the environment, that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and that the Mitigated Negative Declaration, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. General Plan 2. The proposed construction of the Safeway Fuel Station project at 335 South McDowell Boulevard is, for the reasons discussed in the May 8, 2018 Planning Commission staff report, consistent with the following Petaluma General Plan policies: Policy 1-P-2 (Promote infill development), Policy 1-P-6 (mixed-use development) 1-P-11 (Land use intensification at strategic locations), Policy 1-P-14 (street trees), Policy 2-P-5 (Strengthen the visual and aesthetic character of major arterials), Policy 4-P-10 6-1-2 ATTACHMENT 1 (Electric Charging stations), Policy 5-P-42 (expand bus transit), Policy 6-P-29 (Integrate Art), Policy 10-P-3 (Protect Public Health and Welfare), and Policy 10-P-4 (Transport of Hazardous Materials). 3. The Project is consistent with the "Community Commercial" General Plan land use designation because the project contributes to the variety of commercial services provided to the larger the region from this area of Community Commercial property. Implementing Zoning Ordinance 4. The Project is consistent with all development standards of the C2 Zoning District including, but no limited to, those pertaining to building height, setbacks and off-street parking requirements. All the required findings for Site Plan and Architectural Review approval found at Implementing Zoning Ordinance §24.010 (G)(1) can be made, as follows: a) The Project includes the use of quality materials and is in harmony with and in proportion with the overall design through its use of single -story architecture with building articulation that employs varying depths and balances solid and transparent fagade materials in the form of stucco and concrete masonry unit walls stucco, and glass windows with metal aluminum trim; the use of metal, stone, and concrete finishes; added accent to the main entrance; metallic awnings; and consistent detailing for the proposed canopy. Articulation is applied on all building elevations appropriately. b) The Project's building form, materials and architectural style is appropriate for the Project and compatible with the overall character of the area. The proposed facades include varying depths and materials divided into low, mid, and upper level strata to provide visual variety. Architectural detailing is carried through to all structures. The area features similar, rectilinear, simplistic commercial structures oriented to passing vehicle traffic on South McDowell Boulevard and Maria Drive and pedestrian on-site. c) The proposed site design frames the interior of the lot and more clearly defines the boundaries of the site than current development, particularly along the southern property line adjacent to Maria Drive. Positioning the structure approximately five - feet (5 ft.) from the property line at this location establishes a pedestrian friendly building edge along the street. Further, the building is designed with an entry to the kiosk from Maria Drive that orients the building for customers walking on the sidewalk. The location of the canopy and the kiosk are located at approximately the same depth as the adjacent building along South McDowell Boulevard. This positioning enhances the streetscape because it maintains consistent siting of structures on the east side of the South McDowell Boulevard. d) The project identifies new building signage consisting of two new signs on the convenience store and on the canopy. The project also includes a price sign elevation. However, this signage is representative only and is not proposed as part 6-1-3 ATTACHMENT 1 of the application. An application will be submitted in the future for signage on the north and south elevations of the convenience store, on the east and west edge of the fueling canopy, and for a monument signage on the site. Proposed signs generally fit within the area of the canopy and the kiosk. Additionally, signage is generally consistent with location, number and size requirements of the sign code and sign program, although staff will ensure that any future application for project specific signage will be consistent with the sign code and sign program. e) project identifies new building signage consisting of two new signs on the convenience store and on the canopy. The project also includes a price sign elevation. However, this signage is representative only and is not proposed as part of the application. An application will be submitted in the future for signage on the north and south elevations of the convenience store, on the east and west edge of the fueling canopy, and for a monument signage on the site. I) The project is harmonious with adjacent structures in terms of bulls, height, and color. The architecture is, like adjacent buildings, simple in form and design. Immediately north of the site is a bank and commercial retail store that is approximately one -and -a -half- to two stories in height. This building is comprised of rectilinear features with strong square cut elements. Similar bulky square cut features that are simple in design and form are used in the canopy over the fuel pumps and portions of the fagade of the kiosk. To the west of the site, across South McDowell Boulevard are single story single family homes. The convenience store bulk, at 697 square feet, is similar in size to the single family homes, and the earth tone color scheme of the homes compliments the beige and taupe color scheme of the project. Similar to other structures, the single story nature, architectural expression and color scheme of the project compliment the structure to the south because the structure to the south is a single story building, with a rectilinear form, and earth tone color scheme. East of the project is the Safeway grocery store. The color scheme of the project matches the color scheme of the Safeway grocery store, with each being comprised of beige and taupe tones. Similarly, the vertical bands that extend up the face of the fuel canopy and the convenience store are also found on the grocery store. Additionally, the proposed trash enclosure employs the same materials (concrete masonry unit walls and standing seam metal roof, and metal doors) color scheme, and resembles a similar square bulk as the proposed convenience store and canopy, and is therefore consistent with other existing structures in the immediate neighborhood of the project site. For these reasons the project is harmonious with the bulk, height, and color schemes of other structures in the immediate neighborhood. g) Proposed landscaping serves three functions: to screen structures on the lot and soften views from Maria Drive and South McDowell Boulevard, and to provide stormwater retention on-site. Denser landscaping is proposed along the west and south property boundaries to increase screening, particularly with respect to the queueing lane for the proposed trash enclosure. The project also includes landscaping along Maria Drive, along the back of the proposed improved bus turnout. This landscaping will provide a buffer between the bus turnout and the parking lot for the shopping center. Further, the project preserves key street trees at 6-1-4 ATTACHMENT 1 the corner of South McDowell Boulevard and Maria Drive, and the trees along Maria Drive as well. The project would remove two street trees to accommodate the improved transit facility, but proposes two new 24 -inch box red maples behind the bus stop. h) Circulation patterns will not be substantially altered by the project. A new accessible pedestrian path is proposed to connect the convenience store to the existing sidewalk on Maria Drive, with bicycle parking positioned at a logical location — at the terminus of the pathway at the building. Vehicle access follows the predominant current pattern. New access is provided to the site from the east. This area will allow for queuing of vehicles so as to not impede the drive aisle on the adjacent property. The project also provides a new egress to the north to facilitate internal circulation in the shopping center. 6-1-5