HomeMy WebLinkAboutPlanning Commission Resolution 2020-03 02/25/2020CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT
FOR THE BROOKS NOTE WINERY PROJECT
LOCATED AT 426 PETALUMA BLVD N
APN: 006-163-015
FILE NO. PLMA-19-0007
WHEREAS, Summit Engineering, on behalf of the property owner Garrett Brooks, submitted an
application for Site Plan and Architectural Review for site improvements including exterior modifications
to the existing building, and for a Conditional Use Permit to operate a "Food and Beverage Product
Manufacturing" and "Bar/Tavern" uses within the Urban Center (T5) zone of the Central Petaluma Specific
Plan, located on a 0.16 -acre lot at 426 Petaluma Boulevard North (APN 006-163-015) (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 25, 2020, at which time
all interested parties had the opportunity to be heard; and
WHEREAS, public notice of the 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, at said hearings, the Planning Commission considered the staff report, dated February
25, 2020 and all public testimony provided prior to and at the public hearing; and
WHEREAS, on February 25, 2020, the Planning Commission approved Site Plan and Architectural
Review and a Conditional Use Permit for the Project.
WHEREAS, on February 25, 2020, the Planning Commission considered a staff report analyzing the
application, including the California Environmental Quality Act ("CEQA") determination included therein.
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:
California Environmental Quality Act
a. The project has been reviewed in accordance with the California Environmental Quality Act
(CEQA) and found to be categorically exempt under CEQA Guidelines Section 15332 as an infill
development project. The project is consistent with the Mixed Use land use designation and
regulations of the T-5 zoning district. The project is located within city limits on a site less than five
acres substantially surrounded by urban uses and on a site without value for habitat for
endangered, rare, or threatened species. The project would not result in any significant effects
related to traffic, noise, air quality, or water quality and is located on a site served by all required
Planning Commission Resolution No. 2020-03 Page 1
utilities and public services as detailed in the Categorical Exemption determination contained in
Attachment C of the staff report.
General Plan
b. The Project is, for the reasons discussed in the February 25, 2020 Planning Commission staff report,
consistent with the following General Plan policies:
Policy 1-P-7
Encourage flexibility in building form and in the nature of activities to allow
for innovation and the ability to change over time.
Policy 1-P-11
Allow land use intensification at strategic locations along the arterial
corridors leading to Downtown and Central Petaluma, including aging
commercial and industrial sites.
Policy 2-P-5
Strengthen the visual and aesthetic character of major arterial corridors.
Policy 2-P-53
Permit a mix of uses, with fairly high intensities to create the ambiance of a
bustling urban corridor.
Policy 2-P-55
Encourage development of the area south of Payran Street as an urban
corridor, with a mix of uses comparable to those of the Central Petaluma
Specific Plan, increasing in intensity approaching Downtown
Policy 9 -P -18(B)
Encourage the establishment and viability of smaller, locally -owned
businesses.
Central Petaluma Specific Plan
c. The Project is consistent with the General Plan 2025 Mixed Use (MU) land use designation in that
the MU designation, within the Central Petaluma Specific Plan Area, allows for a variety of
residential, commercial, office, retail and industrial uses consistent with the respective
development regulations established within the CPSP.
d. The Project is, for the reasons discussed in the February 25, 2020 Planning Commission staff report,
consistent with the following CPSP goals, policies, and objectives:
Land Use Goals, Policies and Objectives
Goal 1 Support existing viable uses, and provide for new uses that complement and
complete the urban fabric.
Policy 1.6 Encourage pedestrian oriented land use.
Community Design Goals, Policies and Objectives
Goal 2 Create d strong sense of entry and orientation within Central Petaluma.
Historic Preservation Goals, Policies and Objectives
Goal 1 Protect, enhance, perpetuate, and adaptively reuse properties of historic and
architectural significance.
Objective 1 Preserve the industrial. and commercial complex of structures including the
Dairymen's Feed and Supply Coop, one of the community's most visible structures.
Policy 1.3 Recognize the commercial buildings located north of the Petaluma Historic
Planning Commission Resolution No. 2020-03 Page 2
Commercial District along Petaluma Boulevard North (400 Block) as having historic
significance.
Policy 1.6 Prepare an amendment to the Petaluma Commercial Historic District to include
the six properties in the 400 block of Petaluma Boulevard North.
SmartCode
e. The Project is consistent with all development standards of the Urban Center (T5) zoning district,
including but not limited to, those pertaining to parking, and private frontage development
standards, except where warrants have been requested.
Pursuant to Section 8.10.020(H), the requested warrants, for the reasons described in the staff
report, are consistent with the overall stated intent of the SmartCode.
Implementing Zoning Ordinance
g. 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:
(a) The proposed wine production and tasting room facility use will operate within the existing
building and is not anticipated to generate activity out of scale for the surrounding
neighborhood. Adequate parking will be provided in compliance with the SmartCode.
Furthermore, the proposed use has been reviewed by the building and fire departments
and as conditioned will be required to meet occupancy requirements for the tasting room
and special events.
(b) The proposed project does not include outdoor activities. Therefore, this finding is not
applicable to the project.
(c) The proposed use will operate within the existing building. Modifications to the exterior
have been reviewed for consistency with applicable Site Plan and Architectural Review
criteria. Further, since the project does not propose physical expansion of the building, it
will not interfere with the protection of outlook, light, and air of adjoining properties.
Additionally, the site is not directly abutting residential uses and will operate during typical
business hours; and therefore, should not unreasonably interfere with the peace and quiet
of adjoining buildings. Conditions of approval have been added to address special events
that propose amplified music indoors, specifically requiring that operable windows are
closed during events which include amplified music.
(d) All signage for the proposal will be subject to the Commercial Signage Standards of
SmartCode §4.90.
(e) As previously noted, the proposed production, tasting room, and ancillary events are
consistent with the existing scale of the surrounding neighborhood. Though the tasting
room falls within the bar/tavern use category under the SmartCode, the proposed use is
considered a tasting room with regard to Chapter 8 (Alcoholic Beverage Establishments)
of the Implementing Zoning Ordinance. Section 8.035 states that a tasting room may be
approved if it is considered ancillary to the primary production use, does not operate as a
standalone bar, serves only those beverages produced by the company on-site, and
complies with regulations of the ABC. As proposed and conditioned, the project is
consistent with the Alcoholic Beverage Establishments chapter of the IZO and is specifically
consistent with the section related to tasting room. As such, the intensity of activity of the
tasting room is consistent with this finding.
Planning Commission Resolution No. 2020-03 Page 3
ii. Traffic circulation and parking, and in particular:
(a) The project site is located along Petaluma Boulevard North, which is identified as a major
arterial road. As discussed in the Categorical Exemption in Attachment D, the proposed
traffic expected to be generated by the project will be similar to the prior use and is
appropriate for the area. Specifically, a major arterial is defined in the General Plan as a
right -of way whose primary function is to carry through traffic in a continuous route across
an urban area and which typically has more travel lanes and carry higher volumes of
traffic.
(b) As permitted by Section 6.10.030(E) of the SmartCode, a use that is not located within a
parking assessment district may locate required parking away from the site of the
proposed use so long as it is located within, 1,250 feet of the project site. Additionally, since
the project is not changing the type of use (commercial to commercial), legal non-
conforming parking is not required to meet current requirements. However, the project
applicant has a Parking Space Lease Agreement for the parking lot located at 620
Petaluma Boulevard North, which is located approximately 650 feet from the project site
which will provide 15 off-street parking spaces for the proposed use. The parking lot is
currently existing and therefore provides adequate, convenient, and safe vehicular
access to the proposed use. Further, the project will provide an on -street ADA parking
space immediately in front of the building. This has been reviewed by the City's
Department of Public Works for compliance with applicable standards.
(c) The proposed project will include delivery of materials associated with production at the
rear of the building. As stated in the staff report, deliveries will arrive on a 36 -foot flat bed
truck and will be unloaded within the building. The amount and timing of deliveries will be
typical for an industrial use, which is consistent with surrounding uses in the area.
iii. The compatibility of the proposed building or use with its environment, and in particular:
(a) The proposed use is not within close proximity to uses of unusual public importance. The
proposed wine production, tasting room, and ancillary events will result in activity levels
similar to that of surrounding uses and is therefore, compatible relative to the number of
customers and users.
(b) The proposed hours of operation are typical for the type of uses being proposed.
Additionally, the project site is not within close proximity to residences that would be
impacted with regard to hours of operation.
(c) As proposed and conditioned, the project will not create off-site effects related to noise,
dust, odors, light, or glare. Specifically, a condition has been added requiring that
operable windows that open onto the Petaluma Boulevard North right -of way shall be
closed when special events propose amplified music. General noise associated with the
project will be characteristic of commercial uses in the area, and therefore will not result
in off-site effects on surrounding uses. The site is fully developed with an existing building
and surrounding circulation improvements, including the alley at the rear of the building,
are fully paved, which will not result in impacts related to dust. All production will occur
within the existing structure which will provide control of any odor resulting from the
proposed use. Lastly, proposed lighting complies with standards of the City of Petaluma
and therefore will not result in off-site impacts related to light and glare.
(d) The City of Petaluma Fire Department has reviewed the project for compliance with
applicable codes. As conditioned, appropriate egress will be required based on the
occupancy types and their associated hazards. Specifically, conditions have been added
that address the use of production space by the general public to ensure adequate
egress. Such provisions are intended to protect the public against any special hazards
Planning Commission Resolution No. 2020-03 Page 4
arising from the intended use.
(e) The proposed project will utilize the entire existing space for a wine production and tasting
room facility. The total production space accounts for approximately 70 percent of the
total building area and the tasting room accounts for the other 30 percent. The mixed
commercial/industrial use is compatible with the intensity of surrounding uses, therefore,
the project utilizes an appropriate amount of space.
iv. The expected duration of the proposed building, whether temporary or permanent, and the
setting of time limits when appropriate.
(a) The expected durations of the conditional uses are permanent, and the setting of time
limits, is not appropriate for this project.
V. The degree to which the location of the particular use in the particular location can be
considered a matter of public convenience and necessity.
(a) Within the immediate vicinity of the project site, there are no other wine production and
tasting room facilities. Further, the location and type of use is supported by General Plan
policies that seek to create and intensify the urban characteristic of Petaluma Boulevard
approaching Downtown. The tasting room component of the project serves to intensify
pedestrian activity between the project site and Downtown and the wine production
component helps to maintain the industrial nature of the building and surrounding area.
Therefore, the proposed project in its particular location can be considered a matter of
public convenience and necessity.
C. Based on its review of the entire record herein, including the February 25, 2020, Planning
Commission staff report, all supporting, referenced, and incorporated documents, and all
comments received, the Planning Commission hereby approves a Conditional Use Permit is
establish a wine tasting and production facility located at 426 Petaluma Boulevard North, subject
to the conditions of approval attached hereto as Exhibit 1.
Planning Commission Resolution No. 2020-03 Page 5
ADOPTED this 25th day of February, 2020, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember
McDonnell
X
Chair Alonso
X
Vice Chair Bauer
X
Gomez
X
Marzo
X
Potter
X
Streeter
X
ATTEST:
Scott lonso, Chair
APPROVED AS TO FORM:
Eric Danly, City Attorney
Planning Commission Resolution No. 2020-03 Page 6
CUP CONDITIONS OF APPROVAL
BROOKS NOTE WINERY
426 PETALUMA BOULEVARD NORTH
APN 006-163-015
Project File No. PLMA-19-0007
Planninq Division
EXHIBIT 1
1. This Conditional Use Permit authorizes "Food and Beverage Product Manufacturing" and
"Bar/Tavern" uses including the following operational characteristics:
a. Standard hours of operation shall be as stated in the staff report and as specified
below:
i. Production: Daily 7:00 a.m. to 10:00 p.m
ii. Production (-August - November): 24 hours
iii. Tasting room: Tuesday - Thursday, 12:00 p.m. - 9:00 p.m.;
Friday - Saturday 10:00 a.m. - 10:00 p.m.,
Sunday 10:00 a.m. - 6:00 p.m.
b. Production occurring 24 hours/day shall be limited to the months of September and
October. Production operations shall comply with the performance standards for
noise as specified in Chapter 21 of the IZO.
c. Hours of operation for all special events shall be the same as standard hours of
operation for the tasting room.
d. On-site production shall only include production of wine, pursuant to license
requirements set by the State of California Department of Alcohol and Beverage
Control. Any modification to the license type shall be subject to review and
approval by the City of Petaluma.
e. Wine produced and sold on-site shall be produced by Brooks Note Winery.
f. Special events shall not exceed maximum capacities set by the City of Petaluma
Fire Department;
g. Special events shall not occur more than three times per week and shall be limited
to the following:
L two small events per week, such as group meetings, live acoustical music,
and other recreational activities such as paint nights which operate in
conjunction with the tasting room and production activities; and
ii, one private event per week limited to a maximum of 150 people
h. Any amplified speaker system must be consistent with the performance standards
for noise of IZO Chapter 21; and,
L Any proposed outdoor lighting must be consistent with the performance standards
for glare of IZO Chapter 21.
2. As prescribed in Section 6.10.030(4) of the SmartCode, the owner or operator shall immediately
notify the Planning Director of any change in ownership or use of the property identified for
Planning Commission Resolution No. 2020-03 Page 7
off-site parking, and of any termination or default of the agreement between parties. Upon
notification that the lease for off-site parking has been terminated, the Planning Director shall
determine a reasonable time for which substitute parking is provided that is acceptable to the
Director or the size or capacity of the use is reduced in proportion to the parking spaces lost.
3. The applicant shall install all electric appliance with the exception of the gas fire place.
Public Works - Environmental Services
4. At time of building permit, expected wastewater flow in gallons per day, expected
Biochemical Oxygen Demand (BOD) of wastewater, and expected Total Suspended Solids
(TSS) of wastewater shall be provided in order to determine the capacity fee of the project.
Public Works - Operations/Utilities
5. New water service(s), meter and backflow(s) are required for the development. The water
service shall be connected to the water main in Petaluma Boulevard North.
6. Construction of a new sewer lateral to the existing sewer main at the rear of the building shall
be required. The existing lateral shall be abandoned in place with the connection at the main
sealed per City standards.
7. If off-street parking is required, provide current ADA ramps and accessible upgrades as
required from the parking lot to the building entrance.
8. Rainwater shall not enter the sewer or storm drain system in outside crush areas or open work
areas. Diversion valves will be required.
Fire Department
9. AFSS Where required. Approved automatic fire sprinkler systems in new buildings and
renovated structures shall be provided in locations described in this section. Additional local
requirements are described in Section 903.2.1 through 903.2.19.1.2 and may supersede the
following requirements. The most restrictive requirements shall apply. CFC 903. Installation of
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, cuts sheets and calculations. This system shall comply with NFPA-13R or NFPA-
13.
10. Sprinkler system supervision and alarms. Valves controlling water supply for automatic sprinkler
systems, pumps, tanks, water levels and temperatures, critical air pressures and waterflow
switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control
unit. CFC 903.4. Installation of the fire alarm system, or sprinkler monitoring systems, 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. The system shall comply with NFPA-72.
11. Fire Alarm System. Approved fire alarm systems in new buildings and renovated structures
shall be provided in locations described in this section, CFC 907. Installation of the fire alarm
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, cuts sheets and calculations. This system shall comply with NFPA-72.
Planning Commission Resolution No, 2020-03 Page 8
12. Fire Department Access. Fire Apparatus Access Roads shall be constructed and provided
prior to construction of any buildings on the site. Fire apparatus access roads shall be
maintained for fire department operations at all times during the construction process. Closure
or changes of fire apparatus access roads shall be reviewed and approved by the Petaluma
Fire Prevention prior to closure or changes. CFC 503.
13. Fire Hydrants. All required fire hydrants shall be installed and accepted by the Petaluma Fire
Prevention Bureau prior to loading of any combustibles on site or construction of the building.
CFC Appendix D.
14. Key Boxes. Where access to or within a structure or an area is restricted because of secured
opening or where immediate access is necessary for life-saving or fire -fighting purposes, the
fire code official is authorized to require a key box be installed in an approved location. The
key box shall be of an approved type listed in accordance with UL 1037, and shall contain
keys to gain necessary access as required by the fire code official. Installation of the key boxes
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, cuts sheets and calculations. This system shall comply with CFC Section 506.
15. Emergency Responder Radio Coverage. All new buildings shall have approved radio
coverage for emergency responders within the building based on the existing coverage levels
of the public safety communication system of the jurisdiction at the exterior of the building.
The owner/project shall conduct appropriate testing and/or provide emergency responder
radio coverage approved by the Petaluma Fire Prevention Bureau. Installation of the
emergency responder radio coverage 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, cuts sheets and calculations. This system shall comply
with CFC Section 510.
16. High -piled storage. An operational permit is required to use a building or portion thereof as a
high piled storage area exceeding 500 square feet (46 m2). CFC 105.6.23.
17. Fire Extinguishers. Portable fire extinguishers shall be installed in all new and existing Group A,
B, E, F, H, I, L, M,... and S occupancies. Portable extinguishers shall be installed and maintained
in locations as required by CFC 906.1
18. Address Numbers - Commercial. New and existing buildings shall be provided with approved
illuminated address numbers or letters. They shall be contrasting with the background and be
plainly visible from the street or road fronting the property. Address numbers shall be Arabic
numerals or alphabetic letters. Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole, or other approved sign or means
shall be used to identify the structure. Address identification shall comply with Fire Department
Standards.
19. "Event Mode." The building will be classified as an A-2 and F-2 mixed use occupancy as
nonseparated occupancies per CBC 508.3 with no separations between the occupancies,
with 2 means of egress (front door and rear door, as shown on sheet A7) and NO production
activity during the event or when the occupant load exceeds 50 persons in the building.
20. "Production Mode." The building will be classified as B and F-2 mixed use occupancy as
nonseparated occupancies per CBC 508.3 with no separations between the occupancies,
with only one exit required. The B occupancy (tasting room) to egress through the front door
and the F-2 occupancy to egress through the rear door or tasting room. This means that the
Planning Commission Resolution No. 2020-03 Page 9
tasting room occupant load cannot exceed 49 persons. Based on proposed furniture layout,
it appears that the occupant load could be reasonably maintained below 50 persons.
Hazardous materials will be maintained below the Maximum Allowable Quantities as noted in
CBC Table 307.1.1(1).
21. Allowable production. Production at the facility shall be limited to wine only. Liquor, beer, or
other production, storage, or distribution of other products) is not allowed.
Police
22. All staff that serves or sells alcohol shall take an in-person Responsible Beverage Service (RBS)
Training class prior to this establishment beginning operation. After the initial opening of the
establishment, all new staff members shall take an in-person RBS training class in accordance
with Petaluma Municipal Code Section 10.68.050.
23. 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 establishment, as well as the rear and sides of the structure(s).
24. Any deviation from the approved hours shall require approval by the Planning Director through
application of a Minor Conditional Use Permit.
Planning Commission Resolution No. 2020-03 Page 10