HomeMy WebLinkAboutStaff Report 07/18/2011 4.B Part 1 of 3 A Items #4. (3
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DATE: July 18, 2011
TO: Honorable Mayor and Members of the•City Council through City Manager
FROM Geoff Bradley, Planning. Manager
SUBJECT: Resolution of the City Council of the City of Petaluma 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.
RECOMMENDATION
It is recommended that the City Council adopt a resolution denying the appeal filed by Gail
Odom and uphold 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. (Attachment 1) •
BACKGROUND
On August 1, 2007, the City approved an Administrative Conditional Use Permit (CUP) to .
establish a food and beverage product manufacturing facility for Cowgirl Creamery at 419 First
Street, File 07- CUP -0144. No appeal was filed within the 14 -day appeal period and the use
commenced in compliance with the CUP conditions of approval. Subsequent to CUP approval,
various building permits that involved tenant improvements including the addition of outdoor
mechanical equipment were approved in order to facilitate the operations of the Cowgirl
Creamery cheese production facility.
On August 26, 2010, the applicant submitted an application for an Administrative CUP (File 10-
CUP - 0431) for modifications to the previously approved CUP to legalize the addition of a 4,500
gallon whey storage tank; change in hours of operation for production from 6:30 a.m. to 5:00
p.m. to 6 :0.0 a.m. to 5 :00 p.m.; changes to the number of deliveries to allow six (6) deliveries of
milk per week instead of the allowed one delivery of milk per day, to allow four (4) semi tankers
hauling wastewater per week and one (1) semi tanker hauling whey per week; to allow limited
public tours to be conducted on site through the cheese making facility; clarification of the
interior square footage of 8,640 which includes the 1,428 square foot tour corridor; and to allow
for a potential small on -site wastewater pretreatment system. Additional details of each of these
requested modifications are outlined on pages 2 through 4 of the Planning Commission Staff
Report (Attachment 3). The Zoning Administrator used his discretionary authority to refer this
item to the Planning Commission for a public hearing and consideration of the project.
Agenda Review:
City Attorney Finance Director City Manager
On February 22, :2011, the Planning Commission considered the item and received public
testimony on the'project. There were 24 public speakers, 18 of which expressed their support for
Cowgirl Creamerywhile the remaining 6 speakers requested a continuance of the item until the
noise issues were resolved. Some speakers supported the mixed use neighborhood but expressed
the need for the CPSP to be updated. The minutes of the February 22, 2011 Planning
Commission meeting are attached to this report ( Attachment 6). After deliberation, the Planning
Commission unanimously (7 -0) approved the proposed modifications to the previously approved
CUP and indicated its support for the proposed project based on the findings that the use is
consistent with the vision of Riverfront Warehouse district of the CPSP and that the noise issues
have been successfully resolved to meet the City's General Plan ambient noise levels as well as
the Performance Standards of the IZO according to the updated noise analysis prepared by
Illingworth and Rodkin (Attachment 7).
On March 8, 201.1 an appeal of the,Planning Commission's approval of the CUP modifications
was filed by Gail Odom, stating that she represented herself and unnamed residents of Celsius 44
Townhomes (Attachment 2).
DISCUSSION
As outlined inthe appeal letter (Attachment 2), the appellant is appealing the Planning
Commission's approval of modifications to the previously approved Cowgirl Creamery
Conditional Use Permit and also objects to certain activities of the neighboring Three Twins Ice
Cream facility. Both businesses are located at 419 First Street and across from. Celsius 44
Townhomes, but,on1y Cowgirl Creamery is covered by the CUP. The appeal states that
operation of the two businesses results in a variety of impacts on the neighborhood. The
remedies sought by the appellant are noted below (in italics) and followed by a response from
Staff
1. Do not grant approval for enlargement of the Cowgirl Creamery operation until the
staff, council and public can review a scaled, fully - dimensioned as-built drawing showing all
interior and exterior uses, equipment, and square footage of both Cowgirl Creamery and Three
Twins and to include the warehouse space used by Three Twins on a second drawing.
The Planning Commission's approval of modifications to the previously approved CUP does not
include a physical enlargement of the interior square footage at 419 First Street or an increase in
production of the Cowgirl Creamery facility from that allowed under the existing CUP. All
plans related to Cowgirl Creamery, including the original CUP and subsequent tenant
improvements, were based on scaled, fully- dimensioned, as -built drawings prepared by JSF, an
architecture company based in Point Reyes.
Three Twins is a separate .business occupying subleased tenant space. Its operations are not part
of Cowgirl Creamery, and it is not covered by the CUP for Cowgirl. Creamery. Because Three
Twins occupies less than 5,000 square feet it is considered a permitted use (food and beverage
product manufacturing) in the T'' -5 zoning district and does not require a CUP. The outdoor
mechanical equipment is not included as gross floor area as defined in the Implementing Zoning
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Ordinance. Neither the warehouse use by Three Twins at .a separate location on Second Street
nor the Cowgirl Creamery wholesaling facility at Foundry Wharf is included in the square
footage for the use at 41 First Street. Both other locations are subjectto City regulation at their
respective sites.
2. Require a revised Cowgirl Creamery CUP that includes the Three Twins Ice Cream.
Describe both creameries and their future expansion. Require Three Twins to relocate the
outside equipment that runs 24/7 to the river side of the lot. Include CEQA review of the two
creamery's cumulative impacts, so not to avoid the clear intent of CEQA. •
Prior to its sublease to Three Twins, the front tenant space at 419 First Street was occupied by
Sonoma Cattle Exchange, a wholesale meat brokerage. The subject site has historically had two
businesses independent of each other. Three Twins is a separate and independent business from
Cowgirl Creamery. They do share a piece of equipment, which is not uncommon for multiple
businesses /industrial uses located in one building.
The two businesses are dairy products manufacturers and are considered food and beverage
product manufacturing facilities, not "creameries" under the applicable zoning definitions. See
Planning Commission Staff report, Attachment 3, pp. 5 -6, and CPSP, Section 9.F, p. 63.
Given the size and shape of the site, the proximity of the building to the river, including location
of a rear portion of the site in the floodplain, and the pitched roof design of the warehouse
building that does not allow any roof top equipment, it is not practical or economically feasible
to relocate the outside equipment to the river side of the lot. Additionally, all equipment has
received building permits consistent with standard City procedure.
The existing Cowgirl Creamery CUP was approved on August 1, 2007, with a California
Environmental Quality Act (CEQA) categorical exemption for new construction or conversion
of small structures which allows uses of up to 10,000 square feet, under CEQA Guidelines
Section 15303, Class 3c. No appeal of the CUP approval was filed, and no CEQA challenge to
the CUP approval was made within the applicable statute of limitations period for bringing such
actions.
The proposed project for CUP modifications has also been reviewed pursuant to CEQA and
found to be categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing
Facilities),, Class 1, which consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the'lead agency's determination.
An exception to the Section 15301 exemption provided by CEQA Guidelines Section 15300.2
does not apply because there are no "unusual circumstances" pursuant to Section 15300.2(c) in
that the existing use and proposed modifications are consistent with the General Plan 2025, the
CPSP and applicable zoning, as explained below, and the mixed use designation for the area
envisions precisely the type of uses and the mix of uses present.
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The location of t
he project is.zoned for the use in existence under the 2007 CUP, and
General Plan 2025 :and CPSP policies su pp ort the industrial use in the pre - existing industrial
warehouse building in this location Similarly, the se a`ratelypermitted, Three Twins operation is
also supported;by the CPSP'Smar"tCode zoning, the General Plan and the CPSP policies
encouraging preservation of Riverfront Warehouse District industrial uses. The CPSP and
SmartCode recognize the effects of'mixed use in this zone by modifying otherwise applicable
City performance standards for.noise traffic and p arking such that; the project meets all .
applicable requirements, as does Three Twins. Because the two Uses 'are each precisely what the
General Plan and CPSP prescribe for this zone, and the two projects independently meet
applicable City standards, their combined impact also conforms to the CPSP,• the SmartCode and
General Plan 2025 policies and does not create .cumulative. effects different from those
specifically envisioned and permitted by these planning documents.
The existing acid proposed uses'' °meet.Citynoise standards when, measured cumulatively, i.e., in
Item p adjacent business, as also discussed below and iItem 4
conjunction
The e q
effect on historical ee Twins ion wit �o eratron o p
e
cal resources from the equipment merit noise encl osure installed by Three
Twins was reviewed in 2010 .before a building permit was issued for that enclosure. The
enclosure was found to be consistent-with the recommended design approach and architectural
guidelines. for the River Warehouse area as outlined in the CPSP. A report by Montoya &
Associates dated'Aptil 8, 2010, found that the enclosure was in conformance with the Secretary
of the Interior's standards (Attachment 8).
Currently, x deliveries Milk lk are allowed per week, one°per day. ;The modification allows the
applicant to e more d s• early in the week' and none towards the end to accurately
respond to production.: needs. The total number of milk deliveries will remain the same. Prior to
the installation of whey tank, there were five semi tankers per week :hauling wastewater.
Deliveries associated with hauling wastewater were not addressedin the original CUP approval.
' With the installation of the whey tank there will be four semi tankers hauling waste water per
week and one semi tanker hauling whey each week. Upon receipt of a. City discharge permit,
and discharge of :wastewater to the city sewer, the five trips per week would be reduced to one
semi tanker hauling whey per week.. The modification'would allow up to 3 mid -day public
tours per week, limited to 25 persons each, clarification of the interior square footage of 8,640
which includes the 1,428, square foot tour corridor to be consistent with Building Permit No.
20070805 and permit the business to open for - deliveries, but not begin production, one half hour
earlier.
The only future use proposed and 'included in the, CUP modification proposal is a possible and
potentially beneficial :on -site wastewater treatment system that would allow process water to be:
discharged directly into the City's wastewater system . rather than be trucked from the site.
Project ° approval
r require and control further City review if such a system is
ns to re q
p ro
proposed are d n the draft resolution (Attachment 1). If direct discharge is subsequently
approved, the 5 wastewater ;and whey hauling trips would be reduced, to one pet for whey.
It is Staff's considered opinion that these changes and the CUP modification requested do not
create new or 'impacts or reflect unusual circumstances which would preclude use of the
categorical exemption for the CUP modification.
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3. Impose an emergency measure, for any new industrial.b in the T-5 zone of the
neighborhood, a CUP requiring Planning Commission hearing and'revise the requirements of
the SmartCode'.to better relate mixed uses to one another.
This requested action is not within the parameters of the appeal. The requested remedy would
require, amendment to the Central Petaluma Specific 'Plan and SmartCode with city and area
wide impacts beyond the specific project being appealed.
4. Require additional baffling measures to reduce sound from the cooling tower and other
equipment on the, loading dock.
As a requirement of building: permit issued for the Three Twins Sound Enclosure, an
updated noise analysis prepared by Illingworth and Rodkin (Attachment 7) was submitted to
verify that noise levels had been brought into compliance with the City's Performance Standards
(Section 21.040.A.4.c). This analysis indicates that noise levels generated by the outdoor
mechanical equipment comply with applicable requirements, and included noise readings from
several locations and with all equipment operating. Based on these findings, Staff advises that
additional noise mitigation such as .baffling is not required. A condition of approval of the
Planning Commission resolution ution specifies that at no time shall business activities exceed the
performance standards for noise.
S. Require continuous noise monitoring for the two creameries similar to that required by
the City of Petaluma of the Petaluma Creamery to protect residents from illegal noise damage.
Current business activities do not generate noise impacts in violation of the performance
standards. The requested modifications do not introduce °new activities or equipment anticipated
. to increase noise from Cowgirl 'Creamery. Therefore, Staff does not recommend continuous
noise monitoring for the operations' at 419 First Street. Furthermore, it is Staff's understanding
that noise monitoring measures undertaken by Petaluma Creamery were not imposed by the City
and are a voluntary measure on behalf of the property owner.
6. Do not allow in this CUP amendment the potential fora small on -site pretreatment
system for wastewater with no formal, noticed review by interested parties.
The applicant, ue
' � alias req sted preliminary approval of a pretreatment 'system to be installed on the
northeast side of the site if thewastewater effluent parameters do not meet requirements for a
w,
City wastewate
• y � r discharge permit. Condition #15 of the Planning, Corn mission Resolution
(Attachment 3) specifies 'that: "a future onsite pretreatment water system shall be subject to
:review by the Planning Division. A small underground dank 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 environrriental'clearance, but shall
not necessitate°a CUP modification." Should Administrative SPAR be required, the project will
be noticed to property owners and residents within 500 feet of the boundaries of the property and
published in the local newspaper and interested parties will be given the opportunity to submit
comments on theivisual or otherr impacts of the proposed project within the scope of SPAR.
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7. Do notlallow. any creamery employees or visitors to park on the Celsius side of 1st Street
or F Street. Require most employees to use the parking garage at D Street with the remainder of
employees and creamery visitors to park on side or on their side of the street.
A 2007 parking' demand study that was.prepared by W-Trans concluded, that 13 spaces would be
required in order to . meet the cumulative parking demand for the :existing tenant, Sonoma Cattle
Exchange, and the proposed'Cowgiri Creamery assuming a fully occupied building. This
requirement was incorporated' into the 2007 CUP approval and the site, currently exceeds this
requirement by three (3) spaces. In addition to the existing on -site parking, there are nine (9)
Parking spaces available fortour attendees and visitors and one (1) van parking space for
Cowgirl Creamery on the adjacent: site at 425 First Street. Parking raised in response to
,the public notice for the original CUP in 2007 were attributed to existing neighborhood
conditions, and not related to the proposed use.
The CPSP SmartCode Section 6.10,070 — Sunset Clause: Establishment of Civic Parking
Infrastructure,: states, `Effective January 1, 2008, there shall be no,minimum
requirements established for any use, notwithstanding the minimum parking requirements
established,in Section 6.10.10." To date, the CPSP parking sunset' provision has not been
modified, and no' on-site parking is required for uses within the boundaries of the CPSP.
Parking on public streets is not limited to specific users and enforcement; of parking violations is
overseen by the Petaluma Police Department. The nei - hbor
y p 'g s',r.equest seems similar to a
request for preferential residential parking, which is a broader City policy issue.
8. A request for retraction of all false statements and a correcting statement that Celsius 44
was built to the highest standards, as required by the City of Petaluma Central Petaluma
Specific Plan and all applicable building codes.
The formal action, taken by the :Pla ning Commission can be appealed to the City Council and is
part on the existing ublic record based in
p g p d' before the Planning Con nission. It is not within the
purview of an appeal to require modification of comments made by members of the public or
individual commissioners.
In response to this appeal, the project pplicantt Sue Conley has asl provided a letter to the City ' :ale
Council .ex p lainin their project and requesting that the Council decision of the
Planning, Cormnission. (Attachment 10).
Staff recommends that the City Council deny the appeal and uphold the''Plarming Commission's
approval' of the' CUP modifications' for Cowgirl Creamery, consistent with their findings and
conditions. Further discussion and background is included in the Planning Commission Staff
report dated February 22, 2011 and attached to this report (Attachment 3) „
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FINANCIAL IMPACTS
The appeal is, subject;' to cost based fee recovery to be paid by the applicant once the initial appeal
fee ($193) paid by the appellant is exhausted. Processing costs paid to date for the appeal are
approximately $194. As of the publication of this report, this account has a positive balance.
The processing of the CUP modification was subject to cost based fee recovery with processing
costs paid to date of approximately $19,038.71. The current balance of the account is $42.1.95 as
of July 6,'201.1 with the applicant making weekly payments in compliance with a signed
payment agreement. -
ATTACHMENTS
1. Draft Resolution Denying the appeal of the Planning Commission approval of
modifications to the previously approved Condition al Use Permit for Cowgirl
Creamery
2. Appeal letter submitted by Gail Odom, March 8, 2011
3. February 22, 2011 . Planning Commission Staff report and adopted Resolution and
Conditions '
4. Project plans, photographs and project description
5. Public Comments received in response to CUP modifications 10 -CUP -0431 and Feb
22, 2011 Planning Commission Public Hearing
6. Planning ' Commission Minutes, February 22, 2011
7. Illingworth & Rodkin Noise Analysis, February 22, 2011
8: Building Permit #20100260 for Acoustic Enclosure'at 419 First Street
9. August 1, 2007 Conditional Use Permit for Cowgirl Creamery app roval letter (07-
CUP- 0144)
10. Sue Conley letter dated July 4, 2011
11. Public Comments
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ATTACHMENT 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA 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 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 ").
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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 Poject 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.
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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 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.
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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
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
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excess of w hat 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.
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
proj ect.
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.
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.
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 Smart Code.
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 IZO, 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
it • *
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.
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.
ATTACHMENT 2
March 8, 2011 MAR 0 8 2011
To: Petaluma City Council PLANNING DIVISION
From: Gail Odom, resident of 2nd St., Celsius 44
Re: Appeal -of Planning Commission approval of Cowgirl Creamery CUP modification
(Project File No. 10-CUP-0431)
Dear Councilmembers: - 1
I am filing this appeal on my behalf and that of a group of residents at Celsius 44. Our
townhomes are located on 1 2nd and F Streets, directly across the street from the
Cowgirl Creamery and the Three Twins Organic Ice Cream. Our project, created by St.
James Properties, was expertly built in strict conformance to the Central Petaluma
Specific Plan and applicable building codes. It is an energy efficient project, built to high
standards. A fourth building, yet to be constructed, will finish the project of 44
residences worth well over $20 million. The streets were repaved.adjacent to Celsius,
while sidewalks, street furniture and landscaping were installed to benefit the entire
neighborhood. We pay property taxes and shop locally in the neighborhood and
Petaluma.
Some other Celsius 44 residents are attempting to negotiate issues directly with the
Cowgirl Creamery, as we have tried to do for over a year now. We hope that the
Planning Department will attempt to fairly resolve issues raised here through
discussions with us, before they write the next staff report.
We believe that the Planning Commission approved the Cowgirl Creamery (CC)
modification without respect to some vital facts. While we support in concept the CC
and the Three Twins (TT),and wish them success, the salient points to be reviewed are
location and impacts. We know that the Cowgirl Creamery is well loved and an
important player in the cheese businesses. Their major wholesaling operation for other
cheese makers at the Foundry, Wharf location would not be impacted in any way by
decisions on the current application. The location of and future promised but unlimited
expansion of both creameries across from three -story residences have a variety of
impacts on the neighborhood. We hope that the City Council will direct attention to the
application here of the Central Petaluma Specific Plan, zoning code and environmental
laws with the realization that to make mixed use succeed requires being fair to
residential uses as well as factories.
Fact:
The Cowgirl Creamery has a business relationship with the Three Twins. The Three
Twins operation should be included in the Cowgirl Creamery CUP as they sublet their
warehouse space and outside space directly from the Cowgirl Creamery. Not only do
they share manufacturing equipment, but the Cowgirl Creamery spent $60,000 of their
capital on the outside equipment noise attenuation enclosure built by the Three Twins.
This is a business relationship. The Asst. City Attorney stated during the recent hearing
on February 22nd that: "we just don't know enough about the relationship between the
Cowgirl Creamery and the. Three Twins." If the City doesn't know enough about the
relationship or two conjoined operations, perhaps Ads time to inquire. Both creamery
operations have
parking, p ) greatl increase greatly ' production y .at 419 1s St . Impacts
' ° laps ( see websites� to
of noise, and truck traffic blocking the street will only increase.
2. -
•
• •
The point is, conditions of approval should apply to help mitigate to the impacts of both
creameries and the. Three. Twins should not be exempt from. scrutiny. The. Three Twins
has no CUP because their creamery is supposedly less than 5,000 sq. ft. We do not all, at
this,point imour year -long struggle, trust the area calculations provided by the
creameries and would like them verified in the field. Further, we contend that the
"outside" manufacturing equipment should be included in the Three Twins (TT) area
calculation as it is an essential part of their operation and can't be ignored. Further, TT
leases warehouse space on 2n St., an integral part,, of their operation (fork -lifts run
regularly on the street between these two sites; truck deliveries are made there) and
should be included as part of the total size of the factory; impacts occur on both 1 and
2nd Streets from TT.
Remedy: Do not approve the enlargement of the Cowgirl Creamery operation
until the staff, council and public can review a scaled, fully- dimensioned as- built
drawing showing all interior and exterior uses, equipment, and square footage of
both creameries (CC and TT). Include the warehouse space used by Three Twins on a
second drawing.
Fact: •
there was a California Supreme Court case that determined that a project description must
• include all relevant parts of a project, including reasonably foreseeable future expansion or other
activities that are part of the project [Laurel Heights Improvement Ass'n v. Regents of Univ. of
Cal. (1988) 47 Cal. 3d 376]. We are concerned that the cumulative impacts of the
expanding creameries has not been taken into account, that the City's process has been
"pieace mealing" under CEQA, not including the whole of a project.
Furthermore, CEQA dictates that Categorical Exemptions cannot be used if the project
will result in a significant negative effect on the environment. Without going into all the
projects' impacts, the added noise of the creamery operations is a "significant impact"
under CEQA. Exceptions to an approving agency's allowed, lawful use of Categorical
Exemptions include:
Significant environmental effect due to unusual circumstances.
Significant cumulative impacts from projects of same type.
Damage to historic resource.
Remedy: Require a revised CC CUP that includes the Three Twins creamery.
Describe both creameries and their future expansion. Require TT to relocate the
"outside" equipment that runs 24/7 to the river side of the lot. Include CEQA review
of the two creamery's cumulative impacts, so not to avoid the clear intent of CEQA.
Remedy: Impose as an emergency measure, for any new industrial businesses in
the T -5 zone of our neighborhood, a CUP requiring a Planning Commission hearing.
As soon as possible, revisethe requirements of the SMART Code to better relate
mixed uses to one another.
Fact:
Creameries are categorically not allowed in the T -5 zone, but the City Planning staff has
characterized both creameries as "Food and Beverage Manufacturing ". The reason
creameries aren't allowed is that they asteurize milk a very loud procedure and the .
for the noise issue we have before us. One of our residents a
very reason t 406 1 St.
created a table (attached) showing sound measurements taken in early March, 2011,
demonstrating that the cooling tower (a shared piece of equipment between the two
creameries to cool down pasteurizing, milk) emits noise exceeding 60 and 61 dbA. This
occurs at least twice daily, for approximate 30 minute periods. During the warmer
months, all creamery equipment will work harder and run longer, creating even more
significant noise impacts.
Remedy: Require additional baffling measures to reduce sound from the cooling
tower and other equipment on the loading dock.
Remedy: Require continuous noise monitoring for the two creameries similar to
that required by the City of Petaluma of the Petaluma Creamery to protect residents
from illegal noise damage, putting the burden of proof on the noise makers, not the
noise receptors.
Fact:
The original CUP stated that all utilities including water and sewer were already
available. This was' not true, the Cowgirl Creamery hid the fact of the manufacturing
waste that could not go into the sewer system. They built a tank to hold waste, which
has to be trucked off. Then, they built the whey tank as well, without even a building
permit. We do not want to see any more additions to the crowded northeast side yard
without a chance to review and comment on plans and elevations.
Remedy: Do not allow in'this CUP amendment the potential for a small on -site
pretreatment system for wastewater with no formal, noticed review by interested
parties.
Fact: There is a worsening parking condition in the neighborhood. Sue Conley stated
during the hearing that the Three Twins and Cowgirl Creamery have between them 36
employees. The original CUP allowed for 8 employees. The revised CUP doesn't allow
for more employees, yet somehow, this vast increase in employees is magically ok
without that being :a part of the revised project description. Celsius 44 was limited to one
parking space per unit by the City's plan, so some on- street parking must be reserved
for our visitors or our,exfra parking. Many residents are retired or have home
businesses; second vehicles do not necessarily leave during the day, or if they do and
come back, there is no space to park.
Remedy: Do not allow any creamery employees or visitors to park on the Celsius
side of 1s` Street or F St. _Require most employees to use the parking garage at D Street,
with the remainder of employees and creamery visitors to park on site or on their side
of the street.
Fact: Planning Commission Chair Curtis Johansen stated during the February 22 hearing
that the "elephant in the room" was the shoddy selection and installation of the Celsius
44 windows. As a contractor, he felt qualified to cast these aspersions on St. James
Properties and our homes. Ile also was not aware that the 4' Celsius building has been
approved for construction by St. James on the southerly vacant lot across from the
creameries.
Remedy: We request a retraction of all false and rrectn
was built to the higher
statement that Celsius 44. highest standards, as. required by the City of
y
Petaluma Central Petaluma. Specific Plan and all applicable building codes.
®3
RECEIVED
Sound levels at 419 1st MAR 0 8 2011
All measurements are taken 2 feet outside the 2nd floor balcony at 406 l i A LANNING . DIVISION
Fred Svinth of Illingworth & ' Rodkin says upper balcony measurements are 1dB more
Samples are with no traffic, times do not reflect the start time or end time of machinery
Date Time dB outside
3/2/2011 6:40 AM 55 •
6:42 AM 50
8:10 AM 53
• 8:29 AM 61 cooling tower on
8:47 AM 61
8:48 AM 51 cooling tower off
9:06 AM 54
9:52 AM 52
10 :04 AM 51
10:28 AM 53
11:07 AM 59 cooling tower on
11:29 AM 53 cooling tower off
12:30 PM 48
1:27 PM 50
2:42 PM 48
3:47 PM 52
4:51 PM 52
6:36 PM 50
3/3/2011 6:21 AM 48
3/4/2011 3 :33 AM 49 overnight
7:58 AM 52
8 :11 AM 60 cooling tower on
8:16 AM 60
8:21 AM 59
8:25 AM 58
8:34 AM 48 cooling tower off
1. This is a LOT of cumulative noise and has become a quality of life issue.
2. If overnight noise were to be eliminated by.moving -and
containing machinery inside or on the other side of the building,
quality of life would dramtically improve.
ATTACHMENT 3
CITY OF PETALumA .
STAFF REPORT
Community Development Depariment, Planning , 11 English Street, Petaluma, CA 94952
(707) 778 -4301 Fax (707) 778 - 4498 E -mail: petalumaplanning @cipetaluma.ca.us
DATE: February 22, 2011 AGENDA ITEM NO. 8
TO: Planning' Commission
FROM: Marlene ,Subhashini, Associate Planner
REVIEWED BY: Heather Hines, Deputy Planning Manager
SUBJECT: COWGIRL CREAMERY
Project File' No. 10 -CUP -0431
419 First Street, APN 008 - 121 -014
Modifications to a previously approved administrative Conditional Use
Permit (07- CUP - 0144)
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Staff recommends that the Planning Commission conduct the required public hearing and take
the following action:
■ Review the proposed modifications to a previously approved administrative Conditional
Use Permit for the Cowgirl. Creamery project, consider any comments from the public
and approve the request for modifications to the existing use permit for Cowgirl
Creamery at 419 First Street. Staff 'has provided resolution (Attachment A) and draft
conditions of approval for consideration (Attachment B).
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Project: Cowgirl Creamery
419 First Street
APN: 008-121-014
Project File No: 10- CUP -0431
Project Planner Marlene Subhashini, Associate Planner
Project Applicant: Susan Conley, Cowgirl Creamery
Property Owner: Foundry Wharf Properties
625 2 Street, Suite 201 Petaluma CA
Nearest Cross Streets: G and F Streets
Cowgirl Creamery Project 1A CUP -0431' Page 1
Property Size: 23,522 square feet (approx.)
Site Characteristics: The site is in the Riverfront Warehouse District of the Central
Petaluma Specific Plan area. . Currently, the site is occupied by
Cowgirl Creamery with approximately 4,320 square feet of space
subleased to a separate business operator, Three Twins Ice Cream.
Three Twins operates under a separately granted building permit.
The general characteristic of the property's surrounding area is a
mix of residential, commercial, industrial and office uses. The
existing building is a long rectangular metal warehouse building
approximately two stories in height that extends from First Street
to the River edge. The structure has a simple gable roof that runs
along the length of the building and an elevated loading dock that
houses outdoor mechanical equipment along the west of the
building. The structure represents the historic, river -based
industrial character of the area. The site is flat and has minimal
vegetation. Celsius 44 Towrihomes are directly across the street
from the subject site.
Existing Use: Food and Beverage Product Manufacturing
Proposed Use: No change
Current Zoning: T - 5 (Urban Center - Central Petaluma Specific Plan)
Proposed Zoning: No change
General Plan Land Use: Mixed Use
Proposed GP Land Use: No change
Subsequent Actions:
• Building Permits
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N14
Susan Conley of Cowgirl Creamery is requesting the following modifications to the previously
approved administrative Conditional Use Permit (07 -CUP- 0144):
1. Legalize the addition of a 4,500 gallon whey storage tank (existing) in the parking area
adjacent to the cheese production area
• The whey storage tank is set on a 10'x14'x8" concrete pad. The purpose of the tank is to
improve the overall wastewater management from the cheese making facility by separating
the whey (process waste) from the general waste water stream. The whey will provide a
low -cost feed source for a local organic pig farmer. The use of the storage tank is intended
to reduce wastewater effluent and permit discharge into the City sewer, to reduce
wastewater hauloff trips and ultimately to remove the existing waste water storage tank at
the rear of the site along the river
Cowgirl Creamery Project 10- CUP -0431 Page 2 yy
2. Change in hours of operation, for production
• The applicant is requesting a change in the approved 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. The existing CUP allows milk
deliveries at 6:00 a.m., but hours of operation for production did not start until 6:30 a.m.
3. Changes to the number of deliveries
▪ Currently, six deliveries of milk are allowed per week, one per day. The applicant is
requesting this be changed to six deliveries per week to accurately respond to production
needs by .getting more deliveries early in the week and none towards the end of the week.
The total number of delivery trips will not change.
® Prior to the installation of the whey tank, there were five semi tankers per week hauling
wastewater, in addition to the milk deliveries discussed above. Trucks associated with
hauling wastewater were not ; discussed in the existing CUP approval or discussion. With
the installation . of the whey tank there will be:
- 4 semi tankers waste water per week
- 1 semi tanker 'hauling the whey each week
Upon receipt of a City discharge permit, and discharge of wastewater to the City sewer,
the 5 trips per week would be reduced to:
- 1 semi tanker hauling whey per week
The installation of the whey storage tank is being done
y g g in order to allow the discharge of
the wastewater to the City Sewer. The applicant anticipates having the whey system
approved and fully functional in 6 -8 months. The applicant, will start testing the strength
of the wastewater effluent and apply for a discharge permit from the City. By removing
the whey from the wastewater stream, the applicant expects to be able to meet the City's
requirements for discharge into the City sewer. This will entirely eliminate the
wastewater haul off trips and also result in the removal of t he wastewater tank at the rear
of the site facing the river. Ultimately, the trips will be reduced to haul off of whey once
per week. See #6 below for discussion of .a small pre - treatment facility which would be
constructed onsite if City wastewater discharge standards are not met.
4. Allow limited public tours to be conducted on site through the cheese making facility
®
Regularly scheduled ars be offered once per week to occur between 10:30 a.m.
and 1 :30 p.m. with a maximum would of 25 people, and up to two additional tours per week as
requested. Nine off - street parking spaces would be available for tour attendees located
along the east side of the building. The tours are intended to promote Petaluma and
Sonoma County's rich agricultural history and products.
5. Clarification of the interior square footage of 8,64 which includes the 1,428 square foot
tour corridor and reflects approved building permit plans submitted after CUP approval
In the original CUP application, it was assumed that the prior lessee leased 2,880 sq ft,
and the area available to Cowgirl Creamery was 10,880 sq ft. Approximately 1,440 sq ft
was going to be left ! as "Unimproved- Building Owner Storage." The error was corrected
and approved in the .:drawings submitted for Cowgirl Creamery's Building Permit
(Building Permit No. 20070805 dated February 21, 2008) before build -out began. The
Cowgirl Creamery Project 10-CUP-0431 Page 3
•
corrected. square footage includes the area noted on the plans as `Unimproved Building
Owner Storage' to be used by; Cowgirl Creamery., As noted below, only a portion of the
leased ,area is used for Cowgirl Creamery's operations, and a portion is subleased to
Three Twins. These changes do not alter the square footage of Cowgirls Creamery's
production area approved under the existing CUP. The revised square foot calculations as
submitted on November 2010 and shown below were approved through the Building
Permit that was issued;in „2007:
Cowgirl Creamery •
Office 220
Kitchen, toilets, lockers 635
Production 4,267
Storage 1,870
Tour corridor 1,428
Utility room 220
Total 8,640
Note that the 4,320 square feet of Three Twins Ice Cream was separately permitted under
Building permit 20080827.
6. Allow a potential for small on -site pretreatment system for the wastewater.
A pretreatment system would be installed if the wastewater effluent parameters do not
meet requirements for a City wastewater discharge permit. A small pretreatment system
could be installed to the North East side of the handicap accessible parking.. spot. The
mechanical portion of the system would be no more, than 10'x10'x7' high and there
would be up to one above ground tank not larger than 3500. gallons and the potential for
necessary underground tanks. This system would tie into the existing building plumbing
near to the loading dock at the north end of the building. The pretreatment system for
wastewater would be required ito comply with City and State water quality regulations.
Review of design impacts would be required prior to installation.
No other changes to the original Use Permit are proposed at this time. See Attachment C for the
applicant's project description.
W fv, v ti P '� -2,.
A Conditional Use Permit (CUP) to establish a food and beverage manufacturing facility for
Cowgirl Creamery at 419 1 Street was approved by staff at an administrative .level on August 1,
2007 subject to CUP conditions of approval. Subsequent to approval of the CUP, the property
went through various building permit .approvals and site improvements in order to facilitate the
operations of the Cowgirl, cheese production facility. The adjacent Three Twins Ice Cream
factory was reviewed under a separate building permit for its facilities in 2008.
Cowgirl Creamery Project 10- CUP -0431 Page 4
Some of permit-related activities that were issued subsequent, to the CUP approval (07 -CUP-
0144) for the Cowgirl Creameryfacility`are as follows:
Building . #20070805 - Interior tenant improvements for Cowgirl Creamery
including accessibility ramp at exterior.
Submitted- June 28, 2007
Final - February 26, 2008
Building Permit #20080947 - Exterior steel framed windows on East side of building.
Submitted- September 11; 2008
Final- October 8, 2008
m Building Permit #20100290 -Add new gate across vehicle' entry.
Submitted- April 13, 2010
Final- July 7, 2010
STAFF ANALYSIS*
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I. LAND USE
2025 GENERAL PLAN
gn property is Mixed Use and refers to
designation i General Plan land uSe
the eCentral Petaluma Specific Plan for particulars. More specifically, the CPSP Planning
Subarea in the. General Plan calls for warehouses and light industrial areas, mixed with
new office and residential development along the west of the river in an area historically
referred to as the "warehouse ° district" The proposed project conforms to the intent,
goals, and policies of the City of Petaluma's 2025 General Plan and is located in an area
that includes residential, industrial, commercial and office uses.
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 -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 C. 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.
Cowgirl. Creamery Project' 1,0CUP- 043;1, • Page 5
•
The ro ect ro
p j = p p d modifications to an existing. CUP and permits continued use of
property for active4industry 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.
CENTRAL PETAJLUMA SPECIFIC PLAN
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 existinguse, scale and character of the
area.
The CPSP places importance on compatibility of new uses with existing industrial uses.
The plan incorporates policies to minimize potentially negative impacts associated with
noise, light and glare, and truck traffic, and policies to promote positive environmental
impacts. CPSP, p. 39. It requires that new uses recognize the potential 'impacts through
disclosure statements and other methods. The CPSP gives a greater priority to industrial
use and 'the existing agricultural support uses than is currently reflected in the City's
General Plan. CPSP, p. 26. In the Riverfront Warehouse District, the CPSP recognizes
that new uses must co -exist with industrial uses, but also that new industrial uses must
have business practices that are compatible with the area's existing historical residential
character. CPSP, p. 39.
II. ZONING
The zoning designation ignaton of the subject property within the CPSP is T -5 (Urban Center)
and Flood Plain Combining District. The proposed project is an existing Food and
Cowgirl Creamery Project 10- CUP -0431 Page 6
Beverage Product Manufacturing facility in an existing building. Food and Beverage
Product Manufacturing in the. CPSP requires a Conditional Use Permit with a footnote
that the use becomes a Permitted Use if limited to 5,000 square feet on the ground floor.
Because its square footage exceeded 5,000 square feet, Cowgirl. Creamery was reviewed
and approved in the T -5 zone as a conditional use under the Food and Beverage Product
Manufacturing category because the intended use was primarily a dairy products
manufacturing use specifically defined in that use category. CPSP, Section 9.F, p. 63.
The proposed project; as conditioned, is consistent with the requirements of the Flood
Plain Combining District (FP-C). Discussion under Public Comments, subsection b., of
this staff report ' at p.12-13' explains in more detail why Food and Beverage Product
Manufacturing,. is ,considered more appropriate than other "CPSP zoning uses, such as
warehouse and/or agricultural, product processing.
The CPSP adopted ° a "SmartCode" to address development standards for future
development consistent with the policies of the Specific Plan with regard to the
following:
a. Parking
When the Cowgirl Creamery CUP was processed, parking analysis was included for both
tenants on site as required by CPSP Section 6.10.010 A. The Cowgirl Creamery CUP was
supported by a parking demand study prepared by W Trans. The study concluded that 13
spaces would be required in order to meet the cumulative parking demand for the existing
tenant (Sonoma Cattle Exchange) and the proposed Cowgirl Creamery assuming a fully
occupied
l 8 onsite u et s aces and project exceeded anticipated parking
demand p building q
p
y providing g R parking one parallel on street parking space
g project frontage. along the ro ect fronta e. It was also noted that the existing parking concerns
raised in res once to the he public notice were existing neighborhood conditions and not
related to the proposed use.
However, 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 CPSP was adopted in June 2003, and perhaps it
was assumed that adequate parking garages would have been constructed by January
2008 so 'that on -site parking was no longer necessary. To date, the CPSP parking sunset
provision' has not been modified; resulting in a lack of current parking requirements for
uses within the boundaries of the CPSP.
b. Noise
The CPSP i dentifies the major noise sources in the Central Petaluma area as vehicular
traffic, industrial activities, and trains. Mechanical equipment at these facilities, as well as
trucks generate noise. (p.75). The CPSP establishes the following policies related to Noise
in the Central Petaluma area:
Policy 3.1: Enforce local and state noise standards to protect new residents from
excessive noise.
Cowgirl Creamery Project 10- CUP -0431 Page 7
The City of
ty Petaluma . has adopted Land Use /Noise Compatibility standards
in the'C ommunity Health and Safety Chapter of the Petaluma General Plan.
Accordingly; interior noise levels for
residential buildings will . be mitigated
provide rov de a
level . . f 45 Ldn. The of the
1 goal for outdoor residential activity is 60
Ldn. It shall be the responsibility = new developments to mitigate noise
on their' prope " "rties and protect their residents: The City recognizes that
meeting the outdoor goal on private decks and patios in the Central
Petaluma -Area is not feasible and does not ° apply this standard to private
decks and patios in multi- family developments.
Policy 3.2: Require that new non - residential developments incorporate adequate
qi
mitigation to a chieve an acceptable noise environment.
Where the potential for incompatibility exists between identified local
industrial uses in the Specific Plan , area and other uses which may have
conflicts with noisy, 24 -hour operations,, require developers of such uses to
require all tenants or future owners to ,sign and record advisory
documen
is , clearly indicating their acceptance of the nature of industrial
operations and the potential for noise and, other impacts. CPSP, Chapter 7,
Policy 3.2, p.76.
Policy 3.3: Strictly enforce local noise standards
Noise sources in Petaluma are regulated by the City Noise Ordinance.
Proposals for new developments are evaluated against the Noise Ordinance
limits ; and mitigation is incorporated into the new developments to control
noise to the allowable limits.
•
The only outdoor` equipment in the current application submitted for a CUP amendment
includes the request to legalize the whey storage tank. The' Only time there will be direct
noise generated by the wheytank
- When the tank is emptied with a pump. This operation will be once per week for
about 15 minutes of electric pump noise. According to the applicant, the noise is
equivalent to that of an idling car.
- When the tank is cleaned. This operation will be, once per week for 30 minutes of
the pump running while the tank is cleaned. The pump, tends to vibrate when the
tank is almost empty. According to the applicant, the noise generated is less than a
diesel pick -up (not a semi) idling.
In Feb .wary of 2008, as part of review for Building Permit No. 20070805, noise
information provided by Cowgirl. Creamery indicated that noise at property line would be
60 dBA which is consistent with the City's Performance Standards. Data sheets were
submitted, for sound for the condenser units, the closed circuit cooler unit and the HVAC
units as part of the building permit process. The noise levels as indicated were found to be
in compliance with the City's Performance standards.
In initial
meetings with neighbors, it appeared that more recent noise concerns were due to
the basin
ess o eratio
'
p ns of Three Twins and not Cowgirl Creamery:. Staff met with
neighbors. of Celsius 44 Townhomes with regards to noise complaints generated by the
Cowgirl Creamery Project 10_CJP -0431 Page 8
f d
outdoor equiprnent,of Three Twins Ice Cream that added to the cumulative, noise impact at
419 First Street. In, response to the complaints, staff required that Three Twins submit
documentation that demonstrated compliance with the Performance Standards in the IZO.
Three Twins hired a noise consultant (Illingworth ,& Rodkin, Inc.) and as recommended by
the noise consultant, Three Twins applied for a Building Permit (20100260) for a new
acoustical enclosure in order to mitigate noise impacts from the outdoor equipment. Staff
issued Building Permit clearance subject to conditions. Although Cowgirl Creamery's CUP
does not regulate Three Twins' operations, the Building Permit Clearance letter for Three
Twins acoustical enclosure is . attached as Attachment E for Planning Commission
reference.
III: CONDITIONAL, USE PERMIT
Section 24.030 of the Implementing Zoning Ordinance (IZO) states that the purpose of
the CUP is to ensure the proper integration of uses which, because of their special nature,
may be suitable only in certain locations and only provided such uses are arranged or
operated in a particular manner.
Cowgirl Creamery operates under an existing Conditional Use Permit (07 -CUP -0144) to
allow a 6,000 square foot cheese production and storage facility at 419 First Street. The
proposed project is for modifications to the CUP to respond to current operational needs
of the existing cheese making facility. The proposed project is consistent with Section
24.030 M. of the iIZO which allows "minor use permits" to include minor exterior
modifications or enlargements to existing permits, said. modifications or enlargements
g g use
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. Pursuant to Section 24.030 (N), the Zoning Administrator is hereby empowered to
receive applications, notify, .pursuant to Section 24.030 (F), offer the opportunity for
public hearings, and approve subject to findings and conditions as required of the
Planning Commission. In this case, because of the nature and extent of neighborhood
concerns, the Planning Commission is being asked to approve, conditionally approve or
deny the application for modifications to the CUP, after public hearing.
PU LIC COMMENTS
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 and opposition to the proposed project during the public comment
period for both notices.
Staff received letters of opposition from the following neighbors in response to the notice:
1. Gail Odom (413 2nd Street Celsius 44 neighbor)
2. Anne & Spence Hiatt (410.. First Street Celsius 44 neighbor)
3. Steven. Johnson of St. James Properties
pr. • Cowgirl Creamery Project 10- CUP -0431 Page 9
i
L "
in
4. Larry Tracey (neighbor)
5. Ron & Kathy Larsen (410 First Street Celsius 44 neighbor)
6. Susan Johnson (51,5 2' Street)
7. Paul Werbaneth and Yuko Ezuka (418 First Street)
8. Patrick Burns and Suzanne Girot (117 F Street)
The above noted letters of opposition voice concerns primarily related to:
a. Ongoing noise issues primarily from Three Twins Ice Cream
b. Cowgirl Creamery is a non ,permitted use in the T -5 zoning district, specifically storage
and wholesale and/or agricultural product processing
c. Exacerbation of existing parking problems in the neighborhood due to the public tours
d. The number of deliveries
e. Change in, hours of operation for production
f. Truck traffic
g. Treatment of Cowgirl . and Three Twins as one operation, subject to CUP and CEQA
evaluation as such
h. Safety considerations of " adding ;a waste water tank next to the river
i. Impact of the propose'
d project 'on the proposed construction 'of Building 4 for Celsius 44
Townhomes
j. Lack of response and, remedy from the City when the noise issues related to the Three
Twins mechanical equipment were first brought to the City's attention
Given the nature of the public comments received in response to the proposed modifications, the
's item to the Planning Commission pursuant to Section. 24.030
(N of the Implementing f Zoning i
Zoning referred this
(N) p g g ° � public hearing and decision by the Planning
nm Ordinance for ublic he
Commission. The fin notice of public hearing for this project was published on February 10,
2011.
The above noted items of concern are addressed as follows:
a. Noise:
The noise concerns,awith; regard 'to the businesses on 419 First Street are due to:
® The outdoor . noise generated by the Three Twins equipment and
▪ Truck traffic related noise
The proposed project, modification of the Cowgirl Creamery CUP, as conditioned, is
consistent with the ! IZO, Chapter 21, Performance Standards, the General Plan 2025 and
the CPSP. The City of Petaluma has a General Plan goal of 60 dBA for outdoor use areas
and a 45 dBA for .indoors. Chapter 7 of the CPSP, entitled Flooding and Noise, includes
noise objectives and Policies. The CPSP noise policy states that "The City recognizes that
meeting the" outdoor goal on private decks and patios in the Central Petaluma Areas is not
feasible and does not apply [the 60Ldn] standard to private decks and patios in multi-
family developments:'' CPSP, p. 76. Noise sources that :affect the surrounding
neighborhood,are from vehicular traffic and adjacent commercial/industrial activities.
CPSP, Chapter' 7, .Policy 3.2, p.76. requires that new non - residential developments
incorporate adequate mitigation to achieve an acceptable noise environment. Where the
Cowgirl,Creamery°:Project 1`0- CUP -0431 Page 10
potential for incompatibility i II
p fic
exists between identified local industrial uses in the Specific
Uses to re h may have conflicts with to 24 hour operations, require
delo ve area
of such es wluc . e all tenants or future o noisy,
suc Use q owners sign and record advisory
documents cl
p ch use
y ' icatingtheir acceptance of the nature of industrial operations and the
potential for noise. and' other impacts.
It is staff's understandinwthat the Celsius 44 home owners and tenants in the Riverfront
Warehouse District were also given this notification prior to the purchase/lease of their
property.
Section 21.040 A.4.c of the IZO states that "no 'person shall cause or allow to cause, any
source of sound at any location within the incorporated City to: allow the creation of any
noise on property ; owned, leased, occupied or otherwise, controlled by such person, which
when measured on the property where the noise disturbance is being experienced within
public private p spaces, evel of Table 21.1. shown
ublic or mate o en/outdoor s aces , exceeds the noise 1'
below:"
TABLE. 21.1: Maximum Exterior Noise Exposure (Leg, dBA)
Time: 10 p.m. to 7 am_ M -F Time: 7 a.m. to 10 p_m_ M -F
10 p_m. to 8 a . S, S and Holidays 8 arm to 10 p.m. S, S and Holidays
General PIanAmbient.. 60 60
Cumulative period'of15.minutes or
more in one hour . 65 70
Cumulative period Of ,5 minutes or
more in one hour 70 75
Cumulative period ofVminute'or
more in one hour _ 75 80
According to the project traffic study prepared by W- Trans, for Celsius 44 Townhomes,
traffic volumes pp ately double along G Street near Petaluma Blvd and First
Street near D Street. The no is e study prepared for Celsius 44 Townhomes concluded that
g ` projected with the doubling of traffic volumes, noise levels are probe d to i ncrease by 3 dBA. The
study concluded that noise levels at balconies and private outdoor courtyards that front
First, Second and F Streets "Would exceed the IZO Performance Standards for outdoor
areas by two to three decibels: The CPSP recognizes this difficulty in meeting the City's
outdoor goal in the CPSP area and expressly provides that the . City does not apply the
y private or decks. CPSP, Chapter 7,
y se multi -famil nvate balconies
Policy goal "advisor y
oa1 Ldn .utureeresidents must be provided and must execute
documents clearly indicating their acceptance of the nature of the industrial operation and
the potential for noise and other impacts." CPSP, Chapter 7, Policy 3.2, p. 76: The study
also stated that since noise levels would not exceed 65 dBA, the City and State
indoor noise standard of 45 dBA can be met with standard building construction provided
by the developer. However, rooms that face the perimeter
roadways will be exposed to
noise levels in excess of 60 dBA and would need to have the windows closed to meet an
interior noise levels at 45 dBA.
The complaints relating to Three Twins are not part of this CUP modification request.
Nevertheless, based on the noise related complaints received, staff is working with the
applicant for Three Twins to mitigate the noise levels to meet the 60 dBA General Plan
Cowgirl Creamery Project i0-C(10,0431 Page 11
Ambient noise ;levels. 'The acoustical enclosure was designed to meet recommendations
prepared by , Illingworth &Rodkin to mitigate. ,noise to, meet the IZO Performance
Standards
A condition of Three Twins' building .permit approval was to take noise
measurements upon completion to ensure that the enclosure had mitigated noise impacts to
within IZO allowed limits: According' to the applicant, .a final noise measurement was not
at the required level, and additional recommendations for sound insulation were issued by
the noise consultant to further reduce noise impacts. The applicant has completed the
additional work and is coordinating with the noise consultant to take updated noise
measurements. u date .on the noise readings. The building permit the. applicant for Three Twins to get an
Staff has since been. in touch with
rmit for the acoustical sound enclosure will
not be 'finaled until the noise requirements are met.
Finally, it is standard for Planning to reference the Performance Standards in the conditions
of approval. There have not been any noise complaints regarding the operations of Cowgirl
Creamery and the proposed" modifications do not generate noise in excess of what is
normally associated with the nature of industrial activities in the Central Petaluma area.
The proposed whey ,storage tank does not generate noise that exceeds. the General Plan
Ambient noise levels. Based on the information provided above, Staff concludes that the
proposed modifications to the. existing CUP do not exceed the levels required by the
City regulations and the IZO Performance Standards.
b. Cowgirl Creamery as . a: non permitted use , in the T -5. ; zoning district because it
consists of storage ,and wholesale and/or agricultural product processing
Dairies are mentioned in'two use categories of the CPSP SmartCode. The interpretation of
the Planning Manager,. who is charged by CPSP SmartCode section 8.10.020.A with
interpretation of the SmartCode, is that the more specific definition in Food and Beverage
Manufacturing, "Dairy' products Manufacturing ",. SmartCode sec. 9.10.020.F, is the most
specific and appropriate definition applicable to describe the primary use of Cowgirl
Creamery's operation.
Dairies and creameries are also listed in CPSP SmartCode Section 9.10.020.A under the
Agricultural Product Processing use. That use is defined as "the processing of locally or
regionally harvest crops to prepare them for on -site marketing or processing and packaging
• elsewhere." However, the zones where this type of use is permitted are those appropriate
for more intensive industrial or agricultural support industries described ,elsewhere in the
CPSP. It is notable that "dairies" for purposes of Agricultural Product Processing also
states that dairies are included uses, "but not feedlots suggesting that this category is
intended 'for' operations that could include onsite farming and dairy cattle operations, but
not feedlots ,Also releya.rit to the SmartCode's intent regarding "Agricultural Product[sr is
the CPSP definition of Agricultural Support Industrial at page 28 of the CPSP, "Food
processing feed mills and related industrial uses which provide direct support to
agricultural poultry operations, but
gr al uses.... Agricultural uses include traditional dairy and _p try p
may also inchide organic farming and food processing and any other related uses that in the
determination of City decision makers are consistent with supporting local agricultural
production." These.,; agricultural supporting land uses are allowed in two areas along the
Cowgir6,Creamery Project 1'0=CUP -0431 Page 12,
river north of Washington Street (SmartCode zone D1, Historical Agricultural Services), in
the Urban Core (T6), and the River Dependent zone (D3) but ;not 'in °the River Warehouse
District. CPSP , SmartCode Land Use Map, p..29, Table 3.1, p. 10. Cowgirl Creamery
may use local or regional milk, but it does not operate a dairy, and it processes and
pack a ges milk on -site at its facility at 419 First Street into food products, rather than
prepare "crops "' for processing • "elsewhere," as described in the SmartCode Agricultural
Agricultural en
Product. Processing m
use. Despite its business nae , Cow ni girl Creamery is a not a
"creamery" within the � ural Product Proc en ssi definition, but the more specific
business "dairy products manufacturing" allowed the defi e T5 zone as a Food and Beverage
Product Manufacturing` use.
CPSP Smart Code Table 3,.1, Allowed Building Functions and Permit Requirements,
indicates that Food and Beverage Product Manufacturing requires a Conditional Use
Permit in the, T -5 zoning district with a footnote that the use becomes a permitted use if
limited to 5,000 square; gr Food and Beverage Product
feet on. the sand floor. Manufacturing is defined in the CPSP as "manufacturing producing or � establishments
foods and beverages for human consumption, and certain related products."
Examples cited in this ' definition include dairy products manufacturing. Cowgirl Creamery
was allowed in the T -5 zone as ',.. conditional use under the Food and Beverage Product
Manufacturing category, as the use was considered a dairy productmanufacturing use larger
than the permitted 5,000 square feet or less on ground floor. The Conditional Use Permit
(CUP) for Cowgirl Creamery went through the necessary Administrative CUP process
requirements per the IZO, including public noticing and for comments from the
neighborhood.
Staff worked With neighbors and conditionally approved the project. No
appeal was filed, and the use commenced in compliance of the CUP conditions of approval.
Other public comments stated that the business was a warehouse use, not permitted in T5.
Warehouse, indoor storage is defined in the CPSP SmartCode as "facilities for the storage
of furniture, household goods, or other commercial goods of any nature. Includes cold
storage. Does not include: 'warehouse, storage or muu- storage: facilities offered for rent or
lease to the general .public ;' warehouse facilities primarily used for wholesaling and
i handling g
distribution; or terminal facilities for handlin freight:" The e xisting storage (including
cold storage) is considered an ancillary use to the primary use which is cheese production.
Food and Bevera e Product Foo g' duct Manufacturing use lists various uses such as candy, sugar
& confectionary products manufacturing, fruit and vegetable canning, preserving and
related processing, meat, poultry and seafood canning, curing, byproduct processing, soft
drink production — none of which is possible without some kind of storage area including
cold storage.
Wholesalin g and distribution is defined in the CPSP as "establishments engaged in selling
i
merchandise °to, retailers; «
rs; to contractors, industrial,. commercial, institutional, farm, or
professional business users; to other wholesalers; or acting as agents or brokers in buying
merchandise ,for or; selling merchandise to such persons or companies." Cowgirl Creamery
does not conduct wholesaling or distribution operations from its 419 First Street location.
Creame originally Cowgirl ry� i ginally started its cheese production in Point Reyes Station in 1997.
In 2003, Cowgirl Creamery moved its wholesale and distribution and business offices to
Foundry `Wharf n West Petaluma. At the location in the Foundry Wharf complex, cheese is
Cowgirl Creamery Project 0 CUP 0431;
rY ect -
Page 13
•
stored for shipping ,and ,delivery , to restaurants and retailers,_ The purpose of moving to 419
:Petaluma., w � 1, locate, new production facility closer to the wholesale warehouse in
a Creamery's
p
First. Street w to oc t ,
ution facih " , finished cheese products are delivered to their wholesaling
and distribution ' 'ty located at Foundry Wharf Tomales Bay Foods ds located at Foundry
' Wharf has always been identified in the original Cowgirl Creamery CUP as the
wholesaling d warehouse ouse distribution facility for the Cowgirl Creamery operations. This
facility was in operation 'before Cowgirl Creamery commenced its operations at 419 First
Street in 2007.
Therefore, the rocess
p g , „ ,manufacturing use at 419 First St. is not primarily a
warehouse or distribution faci ity, and its use is appropriately described as dairy products
manufacturing.
Language on indoor versus outdoor activities
c. Parking•
Cowgirl Creamery is an existing use, located within the CPSP. The parking situation is
also an existing situation. The neighbors expressed concerns over the existing parking
situation and the ,fact that allowing the limited public tours would exacerbate the existing
condition. However, as ur
previously discussed, pursuant to CPSP SinartCode Section
6.10.070 - Sunset' Clause: Establishment of Civic Parking Infrastructure, "Effective
January 1, 2008, there 'shall be no minimum parking ,requirement for any use,
notwithstanding the minimum parking requirements established•in Sections 6.10.10...."
d. Number of deliveries:
The applicant proposed the following changes to the nu of deliveries on -site:
o Currently, six deliveries of milk are allowed per week, one per day. The applicant
is requestingthis be changed to six deliveries per week to accurately respond to
• production needs by getting more deliveries early in the week and none toward
the end of the week. No additional delivery trips are requested or permitted by the
proposed modifications.
o Prior to the installation' of the whey tank, there, were five semi tankers per week
hauling wastewater, in addition to the milk deliveries discussed above. Trucks
associated with hauling wastewater were not discussed in the original CUP
approval or;;discussion. With the installation of the whey`tank there will be:
rni tankers haulin
4 se g waste water per week
- 1 semi tanker the whey ' each week
Upon receipt of a City discharge permit, and discharge of wastewater to the City .,
sewer, the 5 trips per week would be reduced to:
1 semi tanker hauling whey per week
•
Note that`the'exsting CUP for Cowgirl Creamery ' allowed one 'delivery per day that allows
pick up Of finished!' product from the proposed production facility to the warehouse and
distribution facility located at Foundry Wharf. It also allowed for one (1) delivery of milk
Cowgirl Creamery "Project 10- CUP -0431 Page 14
. p
®Q ,p
•
P er da y and occasional FedEx and UPS deliveries. No business operations including
I
deliveries were permitted on Sundays.
The existing Cowgirl Creamery CUP did not g g' ry the hauling off of wastewater as it
was probably considered a part of the business operations of Cowgirl Creamery. Currently, •
one truck hauls off the wastewater from Cowgirl Creamery facility once a day. The
installation of the whey y storage tank will reduce the wastewater. •effluent strength and is
intended to allow discharge of wastewater into the City Sewer: The applicant anticipates
having the tank, approved and fully functional in 6 -8 months. By removing the whey from
the wastewater stream, the applicant anticipates that they will be able to meet the City's
requirement for discharge into the City sewer. Approval of a wastewater discharge
permit would entirely eliminate the wastewater haul off trips and also result in the
removal of the wastewater tank at the rear of the site facing the river. Ultimately, the goal
is to reduce trips to haul off of whey once per week
Because the whey storage tank will improve the overall wastewater management from the
cheese production plant; staff ° considers this modification beneficial to the City. The
temporary wastewater haul off trips are anticipated to be completely eliminated after the
whey tank is fully functional.
e. Hours of operation for production:
The applicant has requested q ted to change the 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.
p g Zoning Section 21 -030 of the Irn lementin Zonm Ordinance states "that in order to address the
potential impacts (noise glare, odors, etc) non - residential ! °Uses may have on abutting
residential uses, the following shall apply to any non - residential that abuts a residential
use located in a residential zone:"
A. Monday through Friday from 7:00 a.m. to 10 :00 p.m., and Saturday, Sunday and
holidays recognized, by the City from 9:00 a.m. to 10:00 p.m.
B. The hours of operation may be expanded beyond the hours permitted by Section
21.030 (A) with approval of a conditional use permit.
However, the residential zones are specifically identified' in the IZO as RR, R1, R2, R3,
R4, R5 and PCD. These operational hours do not apply to the T -5 zoning district in the
CPSP. Because :there are no hours of operation in the CPSP or SmartCode, the City has
discretion. and. therefore can add conditions per Section 8.10.010 B:3 of the CPSP.
The original CUP allowed' for hours of operation from:
• Mondaythrough from 6:30 a.m. to 5:00 pm. for production
▪ Mondaythrough Saturday from 11:30 a.m. to 8:00 p.m. for cleanup.
. No' business operations were permitted on Sundays.
The original CUP al
original Monday through
Saturdayafter: a ".m..and before d4dp deliveries
applicant's request for the change in hours of
operation for ,.production will solve the discrepancy created in the original use permit
Cowgirl Creamery' Projed10 CUP-O 3;1 Page 15
between hours of operation for production to starting , at 6:30 a.m. and hours of operation
to be able to receive deliveries at 6 :00 a.m. As noted in the conditions of approval, full
scale production will riotstart until 6:30 a.m. •
f. Traffic:
Chapter 6 of the CPSP' addres'ses1circulation in the Central Petaluma area. One of the goals
of th
transportation system, stem support diversity in the transportation system. In improving the
y , the needs of the different users should be balanced to ensure that one
form of transportation does not take place at the expense of another (e.g., truck and rail
access to industrial users versus commuter travel for residents and visitors).
When the original CUP was noticed in 2007, comments were received in response to the
public notice related to existing parking concerns and truck 'deliveries in the area, rather .
than directly related to 'any impacts associated with the proposed project. The proposed use
is. "less 'intensive for traffic' purposes than retail, office and service uses permitted on the
subject property by the T zoning regulations because fewer vehicle trips will be created
by this use than other - potential users of the site.
Furthermore, the existing Cowgirl Creamery CUP contains the following conditions of
approval related to truck deliveries:
(drop pick up) q i
y
1. All deliveries dro off and ick u are re wired t o occur onsite preventing
obstruction of traffic and driveways on First �• Street and in the immediate
neighborhood.
2. All deliveries shall occur onsite. No deliveries (loading and unloading) shall occur in
the public right- of='way.
Historically, the primary source of transportation serving the agricultural and river
dependent industries in the Central, Petaluma area has been through truck and rail. While it
is not possible to eliminate the truck traffic that is supporting the existing business, the
project additional truck traffic generated by
ro ect has been conditioned such that there will not be add
Cowgirl except for the trips /deliveries called out in the conditions of approval. The project
has also been conditioned such that noise generated from idling of trucks is prohibited.
g. Treatment of Cowgirl, and Three Twins as one operation subject to CUP and CEQA
evaluation as such
Prior to Three Twins, the space was occupied Sonoma' Cattle Exchange (in 2003), a
independent meat
each kther S indus The subject site has always had two businesses
dep
lesale meat brokerage try. �
Sonoma Cattle' Exchange is considered a more intense use than
the current tenant Three Twins, based on the project description that was provided by the
applicant in 2007. Three Twins is not an extension of operations for. Cowgirl Creamery.
The two, which is not separate and independent of each other. They share one piece of
q p : for multiple businesses /industrial uses located in one
building.
The current CUP amendment request is to make modifications to the .existing CUP. The
original Cowgirl Creamery CUP was exempt from the provisions of the California
Cowgirl Creamery Project "1OCUP =0'431 Page 16
Environmental Quality. Act ( "CEQA ") pursuant to California Code of Regulations, title 14,
( "CEQA Guidelines ") Section 15303(c) New Conatru.ction or , 'Conversion of Small
Structures which
allows commercial uses of up to 10;000 square feet when the use does not
involve ,a significant amount, of hazardous substances;, where all necessary public services .
and facilities are available and the surrounding area is'' not environmentally sensitive. To
evaluate whether the proposed use came within this categorical exemption, staff required
the following information:
® A list of the chemicals that would be utilized as part of the project was provided by the
applicant. Based on the information, the proposed project was found to not utilize a
p
Ne�ces ant a s blictservices othardous
facilities substances.
were available for the project. The existing
y City site building is served b Ci water and sewer. The' site served by an existing street
network.
The surrounding area had not been designated, and mapped as an environmentally
sensitive area by a federal, state or local agency.
h. Safety of adding a:waste water tank next to the river
The original Pla id o reaMe as
district. i Base is consistent with the requirements
of the Flood g (FP-C) ) d on the information provided, the
finish floor of the building' feet above the base;'' flood elevation noted on the Flood
Insurance Rate Map (FIRM).
As part of the CUP review process, the City Engineer had the following requirements that
will be imposed as part of the conditions of approval for the proposed CUP amendment:
■ 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. Th'e, tank pad and equipment shall be designed, by a registered professional
engineer or -architect resist hydrostatic and hydrodynamic loads as well as resist the
effect of buoyancy, rin accordance with the City's Floodplain Ordinance.
Alternatively, the tank could be relocated to a portion,ofthe site outside the 100 -year
floodplain. Furthermore, the City's Water Resources ' Conservation department
requires that the applicant construct a containment berm to protect the river subject to
inspection of the department.
These, conditions are adequate to ensure the safety of adding a whey storage tank in the
proposed location.
i. Impact of 'the proposed' project on the proposed construction of - Building 4 for
Celsius ,44 Townhomes.
The proposed project as conditioned will have no impacts on the proposed` future plans for
Building 4 of'the Celsius 44 Townhomes. The project, as conditioned, will not affect the
temporary closure,,, street parking fronting Celsius 44 during the construction phase of
Building 4 or affect the ability to reasonably access and construct the approved project.
owg Creamery P rojects 1 . 0 C UP- 431., Page 17
r °e ®�
k. Lackthof.response ,and the City when the noise issues related to the
Three Twins mechanical equipment were first'`brou
' ' ght'to' °the City's attention
Three Twins' operation is not part of Cowgirl Creamery's use permit: Nevertheless, since
y 09, staff has been, activel y involved in working with the residents and local
busines
20
es to further the goals of the CPSP area and the Riverfront Warehouse district in
p articular. As noted earlier; r staff has been working with Three Twins on mitigation of
existing noise levels. Staff has requested a third noise measurement from applicant in
conformance with condition of Building Permit clearance from Planning and prior to final
inspection. The Building Permit Clearance letter for Three Twins acoustical enclosure is
attached as Attachment E for Planning Commission reference.
Conclusion
The CPSP Within the places
Riverfront Warehouse District, maintaining the al' existing industri uses in Central Petaluma.
existing industrial users will maintain their status as
legal conforming uses and new industrial uses are allowed. However, this area is also an historic
residential area, and new industrial uses must have business practices that are compatible with the
existing residential character of the, area. The Cowgirl Creamery Conditional Use Permit will also
be conditioned to comply pertinent all � ertinen requirements of a
of the IZO. Staff has determined that the proposed modifications Ater 21, Performance Standards,
t do not substantially alter the
nature of the existing operations. The requested modifications also meet the requirements of the
CPSP SmartCode and further the policies and vision of the General Plan and the CPSP,
particularly regarding contribution of the Riverfront Warehouse District to a working riverfront.
Based on the analysis contained in this report, Staff recommends approval of the CUP
modifications as conditioned.
Ivor ® m ins°9 1 E v1=
The existing Cowgirl Creamery CUP was approved 'on August 1, 2007, with a California
Environmental Quality Act (CEQA) categorical exemption for new construction or conversion of
small structures, under CEQA Guidelines Section 15303. No appeal of the CUP approval was
filed, and no CEQA claim was brought challenging the CEQA processing within the applicable
statute of limitations period for bringing such actions. The proposed project, consisting only of
the CUP ' modif cations, has been reviewed pursuant to CEQA and found to be categorically
exempt pursuant' to CEQA Guidelines Section 15301 (Existing Facilities), Class 1, which
consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration
of existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond 'that existing at the time of°the lead
agency's determination . The location of the project is zoned for precisely the use in existence
under the 2007 CUP, and General' Plan 2025 and CPSP policies support the industrial use in the
pre-existing industrial warehouse building in this location. Similarly, separately permitted
supported Three Twins operation is also s' g Y�
by the CPSP SmartCode zoning, the General Plan and
the CPSP policies encouraging preservation of Riverfront Warehouse! District industrial uses.
The CPSP and. Smart Code recognize the effects of mixed use in this zone by modifying
otherwise applicable City performance standards for noise, traffic and parking such that the
project meets all applicable requirements, as does Three Twins. The determinations that each
CowgirvCreamery "Projects 10- CUP =0431 Page 18
L„ , YY np
p ' lln if Y"�t,
project was categorically exempt from CEQA were made in connection with previous permits
and are now insulated from challenge by the applicable CEQA statute of limitations. Because
the two uses are each precisely what the General Plan and CPSP prescribe for this zone, and the
two projects independently meet applicable City standards, their combined impact also conforms
to the CPSP, the SmartCode and General Plan 2025 policies and does not create cumulative
effects different from those..: specifically envisioned and permitted by these planning documents.
The modifications to the Cowgirl Creamery CUP 10 -CUP -0144 at issue here do not change or
modify the Cowgirl Creamery use in ways which would preclude reliance on the Class 1
categorical exemption for the modifications.
ATTACHMENTS
Attachment A: Resolut'on of the City of Petaluma Planning Commission approving
modificationsto an existing Conditional Use Permit for Cowgirl Creamery
Attachment B: "Draft" Conditions of Approval
Attachment C: Project Narrative, prepared by applicant
Attachment D: Surrounding context map
Attachment E: Building Permit Clearance letter for the acoustical enclosure for Three Twins
Attachment F: Site. Plan
Attachment G: Photographs
Attachment H: Public comment letters
Attachment I: CUP approval for 2007
Cowgirl 'Creamery P -0431 Page 19
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