HomeMy WebLinkAboutPlanning Commission Resolution 2011-01 02/22/2011r
RESOLUTION NO. 2011 -01
CITY OF PETALUMA PLANNING COMMISSION
APPROVING MODIFICATIONS TO AN EXISTING CONDITIONAL USE PERMIT
FOR COWGIRL CREAMERY
LOCATED AT 419 1ST STREET,
APN 008 - 121 -014
File No. 10- CUP -0431
WHEREAS, Sue Conley submitted an application (10- CUP -0431) to the City of Petaluma for
Cowgirl Creamery located at 419 First Street, Assessor's Parcel Numbers 008 - 121 -014 for
modifications to an existing Conditional Use Permit 07- CUP -0144 (the modifications are referred
to as "the project" or the "proposed project "); and,
WHEREAS, the Project is located within the study area of the Central Petaluma Specific
Plan, adopted by the City on June 2, 2003; and,
WHEREAS, Conditional Use Permit ( "CUP ") 07- CUP -0144 was approved on August 1, 2007,
with a determination that the original project was categorically exempt from the provisions of
the California Environmental Quality Act ( "CEQA "), pursuant to California Code of Regulations,
title 14, ( "CEQA Guidelines "), Section 15303(c), Class 3, New Construction or Conversion of Small
Structures, as conversion of a commercial structure in an urbanized area of less than 10,000
square feet; and,
WHEREAS, no challenge to the City's CEQA determination was made or CEQA claim
brought within the applicable statute of limitations period following approval of 07- CUP -0144;
and,
WHEREAS, the proposed project, the modification of CUP 07- CUP -0144 is exempt from the
provisions of CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities), Class 1, as the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing
private structure, facility, and mechanical equipment, involving negligible or no expansion of
use, and,
WHEREAS, a notice of the proposed project was first published in the Argus Courier and
mailed to property owners within 500 feet of the subject property on September 30, 2010 for
administrative review of the CUP. The project was then re- noticed on December 30, 2010 to
include some changes to the initial scope of the project. Given the nature of the public
comments received in response to the proposed modifications, the Zoning Administrator
referred this item to the Planning Commission pursuant to Section 24.030 (N) of the Implementing
Zoning Ordinance for a public hearing and consideration of the project; and,
WHEREAS, on or before February 10, 2011, a Notice of Public Hearing to be held on
February 22, 2011 before the City of Petaluma Planning Commission, was published and mailed
to all residents and property owners within 500 feet of the Project as well as all persons having
requested special notice of said proceedings in compliance with CEQA requirements; and,
WHEREAS, the Planning Commission held a public hearing on February 22, 2011, during
which the Commission considered the Project and received and considered'all written and oral
public comments for the Project which were submitted up to and at the time of the public
Planning Commission Resolution No. 2011 -01 Page 1
hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section
24.010.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the
modifications to a Conditional Use Permit 10- CUP -0144 and authorizes construction of site
improvements for the Project contained in said plans submitted with the application for
modifications, which plans are incorporated herein by reference as though fully set forth herein,
based on the findings made below and subject to conditions of approval attached as Exhibit A
hereto and incorporated herein by reference:
FINDINGS:
The recitals above and the analysis, facts and information presented in and with
the staff report are incorporated herein by reference as though fully set forth.
2. The proposed project is exempt from the provisions of CEQA pursuant to CEQA
Guidelines Section 15301 (Existing Facilities), Class 1, as the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of an existing
private structure, facility, and mechanical equipment, involving negligible or no
expansion of use.
3. The proposed project is consistent with the General Plan Mixed -Use land use
designations which allows for a variety of residential, commercial office, retail
and industrial uses consistent with the respective development regulations
established within the Central Petaluma Specific Plan area (CPSP). The intent of
this designation is to promote mixed use throughout the area.
The proposed project is consistent with the following goals, policies and programs of the
2025 General Plan:
1 -P -1 Promote a range of land uses at densities and intensities to serve the community
needs within the Urban Growth Boundary (UGB).
1 -P -1 1 Allow land use intensification at strategic locations along the arterial corridors
leading to Downtown and Central Petaluma, including aging commercial and industrial
sites.
2 -P -4 Support the continuation of active industry, including river - dependent land uses,
within the community to provide a balance of land uses and the maintenance of the
river as a working river.
3 -P -4.0 Work with local groups and organizations to provide tours, educational
opportunities and other public information programs geared toward increased
knowledge and understanding of Petaluma's historic and cultural resources.
9 -P -1 Retain and attract 'basic' economic activities that bring dollars into the local
economy by exporting products and services
9 -P -3: Provide an array of employment opportunities to existing and future residents by
assuring diversity in Petaluma's industry and enterprise mix.
The project approves modifications to an existing CUP and permits continued use of
property for active industry in a pre- existing industrial warehouse within the CPSP area. It
will provide weekly tours of the cheese processing plant which will increase knowledge
and understanding of Petaluma's relationship to historic and existing agricultural uses,
including milk production and dairy farming. Operation of the business approved by the
project will produce products, gourmet cheeses, which will be exported and will bring
Planning Commission Resolution No. 2011 -01 Page 2
dollars into the local economy from local wages, business license taxes and operating
profits. It will provide employment to existing and future residents for production
employees. Conditions of approval of the project require noise controls to minimize noise
levels, including a requirement that the project meet Petaluma Implementing Zoning
Ordinance ( "IZO ") Performance Standards as adapted for application in the CPSP area.
4. The subject property is located in the Riverfront Warehouse District of the Central
Petaluma Specific Plan area and has a land use designation of Mixed Use. The
Riverfront Warehouse District comprises the west side of the river from D Street to
McNear Hill. It is bordered on the east by the river, on the north by D Street, on
the west by Petaluma Boulevard South, and on the south by McNear Hill. In the
area between D Street and Foundry Wharf, the grid of local streets provides the
basic organizing structure for an unusually high mixture of industrial, commercial
and residential land uses (See Attachment D). This designation in the CPSP allows
for a variety of residential, commercial office, retail and industrial uses consistent
with the land use and respective development regulations established within the
CPSP area.
The proposed project supports the following district land use objectives and
policies for the Riverfront Warehouse District:
• Objective 4: Provide for a mix of compatible light industrial, office, retail and
residential uses that maintain the unique character of the area.
• Policy 4.1: Allow office, research and development, and light industrial uses
that are consistent and compatible with the existing use, scale and character
of the area.
The project is a light industrial use, Food and Beverage Product Processing, which
continues industrial use in a pre- existing warehouse building, contributing to the
unique character of the Riverfront Warehouse District, and continuing the existing
scale and character of the structure and surrounding environs. The project uses
milk products produced in agriculture that are traditional to Petaluma and its
agricultural heritage,
5. The proposed project, as conditioned, will conform to applicable requirements of
the CPSP SmartCode. The subject property is zoned T -5 (Urban Center) and Flood
Plain Combining District (FP -C). The proposed use is an existing cheese
production facility housed in an existing warehouse building. Food and Beverage
Product Manufacturing larger than 5,000 square feet in area requires a
Conditional Use Permit in the T -5 zoning district. Cowgirl Creamery is a Food and
Beverage Product Manufacturing operation with a dairy products manufacturing
use as the primary use, and is larger in size than 5,000 square feet on the ground
floor. Therefore, a CUP was required for the original approval. The project
proposes only minor site modifications such as adding a 4,500 gallon whey
storage tank, minor changes to hour of operation for production and number of
deliveries, adding a limited number of public tours, clarifying the square footage
for the business operation and allowing a potential small pretreatment system for
wastewater, subject to design and environmental review, if needed in the future
to permit wastewater discharge to the City's wastewater system.
6. The project as conditioned is consistent with Petaluma's IZO. Almost all zoning
specifications for the property are contained within the CPSP and its SmartCode.
However, the property is also subject to the IZO Flood Plain Combining District (FP-
C), because the 1989 and 2008 Flood Insurance Rate Maps show the property
within the 100 -year flood plain. The proposed project is compliant with IZO
Planning Commission Resolution No. 2011-01 Page 3
Section 6.070.D, because the finish floor of the building is 1.1 feet above the base
flood elevation noted on the Flood Insurance Rate Map (FIRM), and the whey
tank will also be elevated to the required height, and also be protected by a
containment berm.
The proposed project, as conditioned, is not subject to parking requirements
because the CPSP SmartCode, Section 6.10.070, Sunset Clause: Establishment of
Civic Parking Infrastructure, states, "Effective January 1, 2008, there shall be no
minimum parking requirements for any use, notwithstanding the minimum parking
requirements established in Sections 6.10.10." The proposed project currently has
nine (9) onsite parking spaces.
8. A notice of the proposed project was first published in the Argus Courier and
mailed to property owners within 500 feet of the subject property on September
30, 2010. The project was then re- noticed on December 30, 2010 to include some
changes to the initial scope of the project. Staff received multiple comments
regarding the proposed project during the public comment period for both
notices. Given the nature of the public comments received in response to the
proposed modifications, the Zoning Administrator referred this item to the
Planning Commission pursuant to Section 24.030 (N) of the Implementing Zoning
Ordinance for public hearing and decision. The final notice of public hearing for
this project was published on February 10, 2011.
The proposed project, as conditioned, is consistent with IZO, Chapter 21,
Performance standards, regarding noise from operations. The proposed
modifications do not generate noise in excess of what is normally associated with
the nature of industrial activities of the Central Petaluma area. The proposed
whey storage tank does not generate noise that exceeds the General Plan
Ambient noise levels. Successful operation of the whey tank is expected to allow
wastewater discharge directly to City sewers and eliminate four semi tanker truck
trips per week, with beneficial effects on noise and traffic.
10. The proposed project, as conditioned, are consistent with IZO Section 24.030 (M)
and its description of changes permissible made through Minor Use Permits. The
proposed project has an existing Conditional Use Permit (07- CUP -0144) to allow a
6,000 square foot cheese production and storage facility at 419 First Street.
Section 24.030 (M) of the IZO allows "minor use permits" to include minor exterior
modifications or enlargements to existing use permits, said modifications or
enlargements being inconsequential in nature and not involving a significant
change in operations; minor extension of operating hours to existing use permits
where the business has no appreciable outside noise and /or does not abut a
residential district; and new use permits where the use is of the same or more
restricted nature as the previous use occupying the site. Section 24.030.M does
not define "residential districts" for the purpose of this subsection, but elsewhere
in the IZO, "residential districts" for purposes of hours of operation of non-
residential uses abutting residential districts is defined to include RR, R -1, R -2, R -3,
R -4, R -5 and PUD. (IZO, Section 21.030). The abutting properties are all within the
CPSP T5, mixed use zone, and subject instead to the provisions of the CPSP
regarding noise, which are met by the project.
11. The proposed project, as conditioned, is consistent with the provisions for a
conditional use permit pursuant to Section 24.030 (N) of the IZO, including referral
to the Planning Commission for public hearing as a result of the adverse
comments that were received when the project was noticed.
Planning Commission Resolution No. 2011 -01 Page 4
12. The construction of the mixed use project, as conditioned, will not constitute a
nuisance or be detrimental to the public welfare of the community in that it will
be operated in conformance with the Performance Standards specified in the
Uniform Building Code, the Petaluma IZO as applied to the CPSP, the City of
Petaluma General Plan 2025, and the Central Petaluma Specific Plan and
SmartCode.
Planning Commission Resolution No. 2011 -01 Page 5
CUP CONDITIONS
COWGIRL CREAMERY
419 1ST STREET,
APN 008 - 121 -014
File No. 10- CUP -0431
Conditions:
From the Community Development Department, Planning Division
1. The plans submitted for building permit shall be in substantial conformance with the plans
submitted to the Planning Division for the whey storage tank location except as modified
by the following conditions.
2. All prior conditions of approvals for this site (419 First Street) established under 07 -CUP-
0144 shall remain in full effect unless modified by the following conditions.
3. Any physical expansion of the facility shall require an amendment to this Conditional Use
Permit.
4. Any change(s) to the use, hours or days of operation, number of employees, number of
deliveries onsite or any other conditioned activity shall require review by the City and
may require application for and approval of an amendment to this conditional use
permit.
5. The following deliveries are allowed under this CUP:
O Six deliveries of milk per week
Y One pick up of finished product per day
6 4 semi tankers off hauls of waste water per week
• 1 semi tanker offhauls of whey each week
O Occasional FedEx and UPS deliveries
At such time as Cowgirl Creamery receives a City of Petaluma wastewater discharge
permit allowing production wastewater to be discharged into the City's wastewater
system, the 5 offhaul trips per week will be reduced to:
• 1 semi tanker offhaul of whey per week
6. No business operations including deliveries are permitted on Sundays.
7. Scheduled tours may be offered once per week between 10:30 a.m. and 1:30 p.m. for a
maximum of 25 people. Up to a maximum of two additional tours per week may be held
between 10:30 a.m. and 1:30 p.m. for a maximum of 25 people each, in response to
individual requests to Cowgirl Creamery for such tours, but the additional tours shall not
be regularly scheduled or presented absent such requests.
8. The hours of operation shall be from 6:00 a.m. to 5:00 p.m. Operation prior to 6:30 a.m.
shall not include full scale production, but shall be limited to receiving deliveries only.
9. On plans submitted for building permit, these conditions of approval shall be included on
the first plan sheet.
Planning Commission Resolution No. 2011-01 Page 6
10. Cowgirl Creamery shall work with its sublessee to encourage that the quality of life of the
surrounding neighborhood is not adversely impacted by operations of either businesses.
]I. Cowgirl Creamery shall post visible signs that do not allow idling of trucks. Truck engines
shall be completely turned off when parked. No trucks are allowed on site prior to 6 a.m.
12. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday
and interior work only between 9:00 a.m. and 5:00 p.m. on Saturdays. Construction shall
be prohibited on Sundays and all holidays recognized by the City of Petaluma.
13. The site shall be kept cleared at all times of all garbage and debris. Outdoor storage
(pallets, barrels, scraps etc) visible from First Street shall be removed or stored inside prior
to final inspection of the tank installation.
14. At no time shall business activities exceed the performance Standards specified in
Chapter 21 of the Petaluma IZO and /or General Plan 2025 with respect to noise,
vibration, glare, smoke, odor and dust, except as expressly permitted by the CPSP and /or
CPSP SmartCode.
15. The future onsite pretreatment water system shall be subject to review by the Planning
Division. A small underground tank may require only a Building Permit. However, an
overhead tank that is visually obtrusive and /or generates noise will be subject to a Minor
Site Plan and Architectural Review approval as well as environmental clearance, but
shall not necessitate a CUP modification.
16. This use permit may be recalled by the Planning Division for review at any time due to
complaints regarding lack of compliance with conditions of approval, traffic congestion,
noise generation, or other adverse operating characteristics. At such time, the Planning
Division may revoke the use permit or add /modify conditions of approval.
17. The applicants /developers shall defend, indemnify, and hold harmless the City or any of
its boards, commission, agents, officers, and employees ( "indemnitees ") 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 whether or not
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. In the event that applicant is required to defend the
indemnitees in connection with any said claim, action or proceeding, the City shall retain
the right to (i) approve defense counsel, (ii) approve all significant decisions concerning
the manner in which the defense is conducted and (iii) approve any and all settlements,
which approvals shall not be unreasonably withheld. The City shall cooperate fully in the
defense. Nothing contained in this condition shall prohibit the City from participating in a
defense of any claim, action, or proceeding in any other fashion if the City bears its own
attorney's fees and costs, and the City defends the action in good faith.
From the Public Works Department
18. It appears that the proposed tank is located within the 100 -year floodplain. Therefore,
the bottom of the proposed tank shall be constructed at least one foot above the 100 -
year flood elevation. The tank pad and equipment shall be designed by a registered
professional engineer or architect to resist hydrostatic and hydrodynamic loads as well as
resist the effects of buoyancy in accordance with the City's Flood Plain Ordinance. If the
tank is relocated to a portion of the site outside the 100 -year flood plain, this condition is
subject to revision, if approved by the City Engineer and Planning Division.
Planning Commission Resolution No. 2011 -01 Page 7
From the Department of Water Resources and Conservation and Fire Marshal
19. The proposed tank must have a containment berm to protect the river. Final inspection
and written approval of the containment berm from the Department of Fire and Water
Resources and Conservation shall be obtained prior to Building Permit Final for the whey
storage tank.
From the Building Division
20. Building permit for seismic bracing of the tank including structural calculations for seismic
loads is required.
ADOPTED this 22 ^d day of February 2011, by the following vote:
ti si Jai tavaw i�Na p�� i � Po 49 � %I itl °tN 'N ( #+�N��kka y�T <4 tl iw
Commissioner > -J,, .� ,_ Aye � No Absent Abstain
x, . .. ... .... .
Abercrombie X
Albertson X
2 nd Vice Chair Elias X
Herries X
Vice Chair Hurley X
Chair Johansen X
Pierre X
r
Curtis Johansen, Chair
ATTEST:
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Geof Bradley, Commission Secr ary
APPROVED AS TO FORM:
Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No. 2011 -01 Page 8