HomeMy WebLinkAboutResolutions 2011-115 N.C.S 07/18/2011 Resolution No. 2011 -115 N.C.S.
of the City of Petaluma, California
DENYING THE APPEAL BY GAIL ODOM AND UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF MODIFICATIONS TO THE PREVIOUSLY
APPROVED CONDITIONAL USE PERMIT FOR COWGIRL CREAMERY
LOCATED AT 419 FIRST STREET, APN 008 - 121 -014, FILE NO. 11 -APL -0167
WHEREAS, on August 26, 2010, Sue Conley submitted an application (10- CUP -0431)
to the City of Petaluma for modifications to an existing Conditional Use Permit 07- CUP -0144
for Cowgirl Creamery located at 419 First Street, Assessor's Parcel Numbers 008 - 121 -014 (the
modifications are referred to as "the Project" or the "proposed Project "); and,
WHEREAS, on February 22, 2011, the City of Petaluma Planning Commission
conducted a duly noticed public hearing of the Project to consider and review modifications to
the previously approved Conditional Use Permit for Cowgirl Creamery to legalize the addition of
a 4,500 gallon whey storage tank (existing); change hours of operation for production from 6:30
a.m. to 5:00 p.m. to 6:00 a.m. to 5:00 p.m.; change the number /schedule of deliveries onsite for
milk and wastewater and whey haul off; allow limited public tours to be conducted onsite
through the cheese making facility; clarify that interior square footage of 8,640 includes the
1,428 square foot tour corridor; and to allow for a potential small on -site wastewater
pretreatment system; and,
WHEREAS, on February 22, 2011, after considering the public testimony and the
application materials, the Planning Commission approved the Project based on the findings and
conditions of approval set forth in Planning Commission Resolution No. 2011 -01; and,
WHEREAS, on March 8, 2011, an appeal of the February 22, 2011 decision of the
Planning Commission was filed by Ms. Gail Odom stating that she represented herself and an
unnamed group of residents at Celsius 44; and,
WHEREAS, on July 6, 2011, a public notice of the July 18, 2011 appeal hearing before
the City Council was mailed to all residents and property owners within 500 feet of the subject
property and to all other interested parties, and a notice of the July 18, 2011 appeal hearing
before the City Council was published in the Argus Courier on July 7, 2011; and,
WHEREAS, on July 18, 2011, the City Council held a public hearing during which the
City Council considered the appeal and received and considered all written and oral public
comments for the project, including but not limited to staff report and exhibits, and testimony
from all interested persons appearing in the matter.
NOW THEREFORE, BE IT RESOLVED that the City Council based on duly noticed
public hearing held on July 18, 2011 and related comments and testimony, fully considered all
evidence presented at the public hearing of this appeal, as well as oral and written evidence
contained in the full record of proceedings on this matter, and on that basis, denies the appeal
filed on March 8, 2011 by Gail Odom and upholds the Planning Commission approval of
Resolution No. 2011 -115 N.C.S. Page 1
modifications to the previously approved Conditional Use Permit 07 -CUP -0144 for Cowgirl
Creamery located at 419 First Street, APN 008 - 121 -014 ( "the Project ").
BE IT FURTHER RESOLVED that the 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.
BE IT FURTHER RESOLVED that the City Council, based on the evidence and
testimony in the public record and from the public hearing on July 18, 2011, adopts the following
findings and conditions of approval made by the Planning Commission as a basis for its denial of
the Appeal and approval of the CEQA exemption for the Project:
FINDINGS:
1. 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 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, and based on the
record herein including the incorporated staff reports and attachments, approval of the
project does not involve a sensitive environmental location, cumulative impacts, unusual
circumstances, scenic highways, hazardous waste sites, or adverse changes to historic
resources which would create significant adverse impacts or preclude use of the
designated categorical exemption, pursuant to CEQA Guidelines Section 15300.2.
3. The Project is consistent with the General Plan Mixed -Use land use designation 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 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 -11 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
Resolution No. 2011 -115 N.C.S. Page 2
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 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 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 Project, as conditioned, will conform to applicable requirements of the CPSP
SmartCode. The subject property is zoned T -5 (Urban Center) and Flood Plain
Resolution No. 2011 -115 N.C.S. Page 3
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 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.
7. The 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 Project currently has 16 on -site parking spaces at 419 First
Street and an additional nine (9) parking spaces for tour attendees /visitors and one (1) van
parking space on the adjacent site at 425 First Street.
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. . The final notice of public hearing for
the Project was published on February 10, 2011.
9. A public notice of the July 18, 2011 appeal hearing before the City Council was
published in the Argus Courier on July 7, 2011 and mailed to all residents and property
owners within 500 feet of the subject property and to all other interested parties on July 6,
2011.
10. The 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.
Resolution No. 201 1 -1 15 N.C.S. Page 4
11. The Project, as conditioned, is 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.
12. The construction of the 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the led as to
Council of the City of Petaluma at a Regular meeting on the 18` day of July, 201 1, m:
by the following vote:
Attorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Kearney
NOES: None
ABSENT: Vice Mayor Healy
ABSTAIN: Renee
ATTEST: 41 elG
City Clerk Mayor
Resolution No. 2011 -115 N.C.S. Page 5
EXHIBIT A
CONDITIONS OF APPROVAL
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 except as 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
o One pick up of finished product per day
o 4 semi tankers off hauls of waste water per week
o 1 semi tanker offhauls of whey each week
o Occasional FedEx, UPS, USPS or other similar third party delivery service or
messenger service 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:
o 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.
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.
11. 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.
Resolution No. 2011 -115 N.C.S. Page 6
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. Administrative SPAR review, if warranted, shall
be conducted pursuant to Section 24.010 of the 1ZO, shall be noticed to property owners
and residents within 500 feet of the Project, and such parties and the general public shall
be given an opportunity to comment on impacts of the Project within the scope of SPAR.
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.
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
17. 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.
Resolution No. 2011 -115 N.C.S. Page 7
From the Department of Water Resources and Conservation and Fire Marshal
18. The proposed tank shall have a containment berm to protect the river. Final inspection
and written approval of the containment berm from the Fire Department and
Department of Water Resources and Conservation shall be obtained prior to Building
Permit Final for the whey storage tank.
From the Building Division
19. Building permit for seismic bracing of the tank including structural calculations for seismic
loads is required.
Resolution No. 2011 -115 N.C.S. Page 8