HomeMy WebLinkAboutStaff Report 07/18/2011 4.B Part 2 of 3 RESOLUTION NO. 2011 -01
CITY OF PETALUMA PLANNING COMMISSION
•
APPROVING MODIFICATIONS TO AN EXISTING CONDITIONAL USE PERMIT
FOR COWGIRL CREAMERY
LOCATED AT 4191 STREET,
APN 008 - 121 -014
File No. 10-CUP-0431
WHEREAS, Sue Conley submitted an application (10- CUP -0431) to the City of Petaluma for
Cowgirl Creamery located at 419 First Street, Assessor's Parcel Numbers 008 -121 -014 for
modifications to an existing Conditional Use Permit 07- CUP -0144 (the modifications are referred
to as "the project" or the "proposed project "); and,
WHEREAS, the Project is located within the study area of the Central Petaluma Specific
Plan, adopted by the City on June 2, 2003; and,
WHEREAS, Conditional Use Permit ( "CUP ") 07- CUP -0144 was approved on August 1, 2007,
with a determination that the original project was categorically exempt from the provisions of
the California Environmental Quality Act ( "CEQA "), pursuant to California Code of Regulations,
("CEQA Guidelines"), Section 15303(c), Class 3, New Construction or Conversion of Small
Structures, as conversion of a commercial structure in an urbanized area of less than 10,000
square feet; and,
WHEREAS, no challenge to the City's CEQA determinationwas'made or CEQA claim
brought within the applicable statute of limitations period following approval of 07- CUP -0144;
and,
WHEREAS, the proposed project, the modification of CUP 07-CUP-0144 is exempt from the
provisions of maintenance, p to licensor - 9 (Existing Facilities), Class 1, as the
operation, repair perm tting, leasing, or minor alteration of an existing
private structure, facility, and mechanical equipment, involving negligible or no expansion of
use; and,
WHEREAS, a notice of the proposed project was first published in the Argus Courier and
mailed to property owners within'' 500 feet of the subject property on September 30, 2010 for
administrative review of the CUP. The project was then re- noticed on December 30, 2010 to
include some changes to the initial scope of the project. Given the nature of the public •
comments received in response to the proposed modifications, the Zoning Administrator
referred this item,tb the Planning Commission pursuant to. Section 24.030 (N) of the Implementing
Zoning Ordinance for a public hearing and consideration of the project; and,
WHEREAS, on or before February 10, 2011, a Notice of Public Hearing to be held on
February 22, 201 1 before the City of Petaluma Planning Commission, was published and mailed
to all residents and property owners within 500 feet of the Project as well as all persons having
requested special notice of said proceedings in compliance with CEQA °requirements; and,
WHEREAS, the Planning Commission held a public hearing on February 22, 2011, during
which the Commission considered the Project and received and considered "all written and oral
public comments for the Project which were submitted up to and at the time of the public
Planning Commission Resolution No. 2011-01 Page 1
i l 0y -
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hearing in accordance with tl &City of Petaluma Implementing Zoning Ordinance, Section
24.010.
NOW THEREFORE BE' IT RESOLVED that the Planning Commission hereby approves the
modifications to a . C.onditional authorizes construction of site
improvements for the Project c nta nedl U
in said submitted with the application for
modifications, which plans are incorporated herein by reference as though fully set forth herein,
based on the findings made below and subject to conditions of approval attached as Exhibit A
hereto and incorporated herein by reference:
FINDINGS:
1. The recitals above and the analysis, facts and information presented in and with
the staff reporf are incorporated herein by reference as though fully set forth.
2. The proposed' project is exempt from the provisions of- CEQA pursuant to CEQA
Guidelines Section 1'5301 (Existing. Facilities), Class 1, as the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of an existing
private structure, facility, and mechanical equipment, involving negligible or no
expansion of use.
3. The proposed, consistent pr, consi
p p: oject is with the General Plan Mixed -Use land use
designations which allows for a variety of residential, commercial office, retail
and industrial uses consistent with the respective development regulations
established within'the Central Petaluma Specific Plan area (CPSP),. The intent of
this designation into promote mixed use throughout the area.
The proposed project is consistent with the following goals, policies and programs of the
2025 General Plan:
1-P Promote a range of land Uses at densities and intensities to serve the community
needs within the Urban Growth Boundary (UGB).
1-P-1 1 Allow land use intensification at strategic locations-along the arterial corridors
leading'tb 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 :cornmunity`td provide a balance of land uses and the maintenance of the
river as a working river.
3 -P -4.0 Work with local groups and organizations to provide tours, educational
opportunities and'other public information programs geared toward increased
knowledge and „understanding of Petaluma's historic and cultural resources.
9 -P -1 Retain and attract 'basic' economic activities that bring dollars into the local
economy by exporting products and services
Provide an array of employment opportunities to existing and future. residents by
assuring-diversity'in Petaluma's industry and enterprise mix.
Theproject approves modifications to an existing CUP and permits continued use of
'property foracfive industry in a pre- existing industrial warehouse within the CPSP area. It
will'proyide weekly.tours Of the cheese, processing' plant which will increase knowledge
and understanding 'of P etaluma'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
i Planning Commission Resolution,. No. 2011 -01 Page 2
dollars into the local economy from local wages, businesslicense 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, includmg4alrequirement`that the projectmeet Pefalumalmplementing 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
uma Specific Plan area and has a land use designation of Mixed Use. The
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 Petalurna Boulevard South, and on the south by McNear Hill. In the
area between •D Street and Foundry Wharf, the grid of'locarstreets provides the
basic organizing: structure for an unusually high mixture-of industrial, commercial
and residential land, uses (See Attachment D). This designation in the CPSP allows
for a variety of residential, commercial office, retail and industrial uses consistent
with the land use and respective development regulations established within the
CPSP area.
The proposed project supports the following district land use objectives and
policies for the Riverfront Warehouse District:
• Objective 4 :'Provide for a mix of compatible light industrial, office, retail and
residential uses that maintain the unique character of the area.
▪ Policy 4.1: , Allow office, research and development, and light industrial uses
that are consistent and compatible with the existing use, scale and character
' of the area.
The project is a light industrial use, Food and Beverage Product Processing, which
continues industrial use in a pre- existing warehouse building; contributing to the
unique character of the Riverfront Warehouse District, and continuing the existing
scale and character of the structure and surrounding environs.. The project uses
milk products produced in agriculture that are traditional to Petaluma and its
agricultural heritage. •
5. The proposed project, as conditioned, will conform to applicable requirements of
the CPSP SmarfCode. 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 pretreatment system for
wastewater,.subject to designand environmental review, if needed in the future
to permit wastewater discharge to the City's wastewater system
6. The project as donditioned is consistent with Petaluma's IZO': Almost all zoning'.
Howeve t the property is also subject CPSP and its SmartCode.
p property
contained within the CPS
ct to the IZO Flood Plain Combining District (FP-
C because t
• ) , �e 1989 and 2008 Flood Insurance p Rate Maps show the property
within the 100` ear flood plain. The ro osed project is compliant with 170
•
• Planning Commission Resolution No. 2011 -01' Page 3
Section 6.070.D, because the finish floor of the budding 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 proposed project, as conditioned, is not subject to parking requirements
because the CPSP SmartCode, Section 6.10.070, Sunset Clause; Establishment of
Civic Parking Infrastructure, states, "Effective January 1, 2008, there shall be no
minimum parking requirements for any use, notwithstanding 'the minimum parking
requirements established` in Sections 6.10.10." The proposed project currently has
nine (9) onsite parking spaces.
8. A notice of the proposed project was first published in the Argus Courier and
mailed to property owners within 500 feet of the subject property on September
30, 2010. The project was then re- noticed on December30, 2010 to include some
Changes to the initial scope of the project. Staff received multiple comments
regarding the proposed project during the public comment period for both
notices. Given the nature of the public comments received in response to the
proposed modifications, the Zoning Administrator "referred this item to the
Planning Commission pursuant to Section 24.030 (N) of the Implementing Zoning
Ordinance for public hearing and decision. The final notice of public hearing for
this project was published on February 10, 2011.
9. The proposed project, as conditioned, is consistent with IZO, Chapter 21,
Performance standards, regarding noise from operations. The proposed
modifications do not generate noise in excess of what isnormally associated with
the nature of industrial activities of the Central Petaluma. area. The proposed
whey storage tank does not generate noise that exceeds the General Plan
Ambient noise levels,. :Successful operation of the whey tank is expected to allow
wastewater 'discharge directly to City sewers and 'eliminate four semi tanker truck
trips per week, with beneficial effects on noise and traffic.
10. The proposed project, as conditioned, are consistent' with IZO Section 24.030 (M)
and its description of changes permissible made through Minor Use Permits. The
proposed project Chas 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) ''6f 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 bythe project.
11. The proposed project, as conditioned, is consistent with the provisions for a
Permit pursuant Section 24.030 (N
conditional use„ ermit ursuant to Sec ( ) of the IZO, including referral
tp
'the i Iprining Commission for public hearing as a result of the adverse
comments that were received when the project was noticed.
Planning Commission .Resolution No. ;2011 -01 Page 4
S L
12. The construction of the mixed use project, as conditioned, will not constitute a
nuisance or be detrimental to the public welfare of the community in that it will
be operated in, conformance with the Performance Standards specified in the
Uniform Building Code, the Petaluma IZO as 'applied. to the CPSP, the City of
Petaluma General- Plan 2025, and the Central Petaluma Specific Plan and
SmartCode.
Planning Commission Resolution No. 2011 -01 Page 5
V ey.. -LO
'CUP CONDITIONS
COWGIRL CREAMERY
419 1ST STREET,
APN 008- 121 -014
File No. 10 -CUP -0431
Conditions:
From the Community Development Department, Planning Division ,
1. The plans submitted for building permit shall be in substantial conformance with the plans
submitted to the Planning Division for the whey storage tank location except as modified
by the following conditions.
•
2. All prior conditions of approvals for this site (419 First Street) established under 07 -CUP-
0144 shall remain in full effect unless modified by the following conditions.
3. Any physical expansion of the facility shall require an amendment to this Conditional Use
Permit.
4. Anychange(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:
• Six deliveries of milk, per week
o One pick up of finished product per day
O 4 semi tankers off hauls waste water per week
• 1 semi tanker offhauls of whey each week
O Occasional FedEx and UPS deliveries
At such time as. Cowgirl Creamery receives a City of Petaluma wastewater discharge
permit allowing production wastewater to be discharged into the City's wastewater
system, the 5 offhaul trips per week will be reduced to:
• 1 semi tanker offhaul of whey per week
6. No business operations' including deliveries are permitted on Sundays.
7. Scheduled tours may be offered once per week between 10 :30 a.m. and 1.:30 p.m. for a
maximum of 25 people. Up to a maximum of two additional tours: perweek 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.
I ,.
9. On p first I s sub pitted for building permit, these conditions of approval shall be included on
the eet.
•
il � li6 Il• u i I , '
Planning Commission Resolution No 2011 -01 Page 6
3 ®
_, Y,.. � it C��' � . .'' n � � " " � �
4 'I 10. � Creamery Cowgirl '' with its sublessee,to encourage that°the quality of life of the
shall work
surrounding neighborhood it not adversely impacted by operations of either. businesses.
11.. Cowgirl Creamery shall post visible signs that do not allowidlind of trucks. Truck engines
shall be cornpletely'turned off when parked. No trucks 'dire allowed ' o - on site prior to 6 a.m.
12. All construction activities' shall be limited to 7:00 a.m. to 6:0.0 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 exceed the performance Standards specified in
Chapter 21 of the Petaluma IZO and /or General Plan 2025 with respect to noise,
vibration, glare, smoke, odor and dust, except as expressly permitted by the CPSP and /or
CPSP SmartCode.
15. The future onsite pretreatmentwater system shall be subject to review by the Planning
Division. A small underground tank may require only a Building. Permit. However, an
overhead tank that is visually obtrusive and /or generates noise . will be subject to a Minor
Site Plan and Architectural Review approval as well as environmental clearance, but
shall not necessitate a CUP modification.
16. This use permit may be recalled by the Planning Division for review at any time due to
complaints regarding lack of compliance with conditions of approval, traffic congestion,
noise generation, or other adverse operating characteristics. At such time, the Planning
Division may revoke the use permit or add /modify conditions of approval.
17. The applicants /developers shall defend, indemnify, and hold harmless the City or any of
its boards, commission, agents, officers, and employees ( "indemnitees ") from any claim,
action or proceeding against the City, its boards, commission, agents, officers, or
employees to attack, set aside, void, or annul, the approval of the project whether or not
such claim or action is brought within the time period provided for in applicable State
and /or local statutes. The City shall promptly notify the applicants /developers of any
such claim, action, orproceeding. In the event that applicant is required to defend the
indemnitees in connection with any said claim, action. or proceeding, the City shall retain
the right to (i) approve defense counsel, (ii) approve all (significant decisions concerning
the 'manner in which the defense is conducted and (iii) approve. any and all settlements,
which approvals shall not be unreasonably withheld. The City shall cooperate fully in the
defense: Nothing contained in this condition shall prohibit the City from participating in a
d'efense 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 Woks Department
18. It appears that the proposed tank is located within the 100 -year floodplain. Therefore,
the bottom of the, proposed tank shall be constructed at least one foot above the 100 -
,year flood elevation. The tank pad and equipment shall be designed by a registered
professional engineer or architect to resist hydrostatic and hydrodynamic loads as well as
resist the effects of buoyancy in accordance with the City's Flood Plain Ordinance. If the
tank is relocated to a portion of the site outside the 100-year flood plain, this condition is
subject to revision, if approved by the City Engineer and Planning Division.
�,,..
Planning Commission Resolution No. 2011 -01 Page 7
Fro' Department Water Resources and Conservation of Ction•and Fire.Marshal
19. The proposed tank must have a containment berm to protecVthe river. Final inspection
and written approval of the containment berm from the Department of Fire and Water
Resources and Conservation shall be obtained prior to`Building Permit inal for the whey
storage tank.
From the Building Division ,
20. Building, permit for seismic bracing of the tank including structural calculations for seismic
loads is required.
ADOPTED this 22nd day of February 2011, by the following vote:
y 3 `s ^ Y t.,s•f' A ✓i'^ ). p Sk K�k4
C ommi s s ioner Aye - N9 r ; ' • Ab sent s` A b tam
Abercrombie X
Albertson X '
2nd Vice Chair Elias X
Herries X
Vice Chair Hurley X
Chair Johansen X
Pierre X
f
' do' I
A.,,aiii
Curtis Johansen, Chair
ATTEST: APPROVED AS TO FORM:
i i fi pe ji) . i
Geof Bradley, Cornrnis'
y- sion Secr- ary Leslie Thomsen, Assistant City Attorney
•
Planning Commission Resolution No. 2011 -01 Page 8 ® 2.1
i ATTACHMENT 4
1 :
WHEY TANK PROJECT DESCRIPTION
COWGIRL CREAMERY
419 First St.
Petaluma, CA "94952
Description of Project
In order to find a solution to ,the high cost of hauling waste water, Cowgirl Creamery is
proposing to install a storagertarik to separate y( high by-product e - agate the whe (a hi h BOI3 b .- roduct fro m
cheese production) from the general waste water stream.
We hope to achieve two main goals with this project. First, we waritto provide a low -cost
feed source for a local organic pig farmer. Second, by separating ;tle whey from the general
waste water stream, we hope to lower: our waste water strength to meet the requirements of
Petaluma's water treatment facility: We would like to pay the neces fee to the city to
discharge to the sewer and eliminate the trucks required to haul the wastewater offsite.
The Whey Tank project consists of an additional 4500 gallon tank located in the parking area
adjacent to the cheese productionarea. The tank is set on a 10' x 14' x 8 "concrete pad. The •
tank is filled through 2" stainless steel process pipes that run from, the production room out
across the driveway and into the tank. The piping is supported by a bridge made of 2"
schedule 40 stainless steel pipe braced with 1" square stainless steel tubing. There is an
electric pump located on th"e`pad that will be used to fill the farmer's . truck once per week
and to clean the tank. All the sanitary piping layout and ta.nk:have been and
approved by tthe CDFA Milk and 'Dairy Foods Control Branch.
In the event that the wastewater does not meet the requirements of the wastewater treatment
facility, a small pretreatment ,system could be installed to the N.E. side of the handicap
accessible parking spot. The mechanical portion of the system would be no more than 10'
x10' x 7' 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 info the existing
building plumbing near to the loading dock at the north end of the building
With these changes to the wastewater system, Cowgirl Creamery will be improving the
overall management of waste from the cheese plant, and reducing truck trips to the
neighborhood.
Additionally, Cowgirl Creamery is requesting to change our hours of operation for
production from 6:30am to 5:00pm to 6 :OOam to 5:OOpm. This change will clear up a
discrepancy in the.original CUP that allows deliveries at 6 :OOam, but -no employees until
6 :30am.
Currently, "six. deliveries, of'milk'are allowed per week, one per day and we would like to alter
this to be six deliveries per week. This more accurately reflects our production; needs (getting
more deliveries early in: the .week and none towards the end of the week) and the fact that
milk is a perishable product that cannot sit to be processed the following, week:
I 1 4 1
s
making facile the o te n of to le conduct tours, we
Coun
would like to offer one re ' per week with th
g up , I „
As one of the ew cheese p o u to,2 ad ditional
facilities in onom
per A m and 1:30pm,
tours er week when,re uested. public III. 9� ,I
e tours which occur etween 10:30a
focus on promoting and educating the about - Petabnma and Sonoma County's rich
agricultural history and products and have a maximum of 25 people attending. Nine off
street parking spaces will be available for tour attendees.
In the original application for a CUP, there was a square footage, calculation error. It was
assumed that Sonoma Cattle Company (leasing part of the building at the time) leased
2880sqft, and the area available' to Cowgirl Creamery was 10880sgft. With the building
divided incorrectly, 1440sgft was going to be left as `Unimproved- BuildingOwner Storage'.
The error was corrected in the drawings before build -out began, and resubmitted to the City
of Petaluma. The square 'footage calculations were not updated to reflect the final plans.
Therefore, Cowgirl Creamery would' like to update the square foot calculations to those
attached, and eliminate Condition 4 (The area noted on the plans” as '`Unimproved- Building Owner
Storage' shall be used by the buildinggowner only. and shall not be used by:Cowgirl,Creamey.) from the
Planning Department'.on the-original:CUP approval dated:August 1, 2007. Note that this
does not alter the square footage of the production area in any way. This only clarifies that
Cowgirl Creamery is able to use all of the unimproved space they pay for in their lease.
REVISED SQUARE. FOOT CALCULATIONS : Nov . 2 01.0
419 FIRST STREET, PETALUMA
COWGIRL CREAMERY
A: Office 220
B: Kitchen, toilets, lockers 635
C: Production 4267
D: Storage 1870 ..
E: Tour corridor 1428
F: Utility. Room 220
Total 8640
Three Twins Ice Cream 4320
Total Building 12960
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4. .14 .11 ,' ', '4'4.4' '''.' . ''.,'L •'.1 41 ., ' 4,, .,1 ii.„ 6 :1 . ' ''. '' 4 ', , ' 16 ,; ... ''.. ; 4 .. . , , .,
ATTACHMENT 5 I
ibhasthni Mariehe "
From: Gail Odom rgail.oclom@gmail.corn]
Sent: Tuesday, January 04, 2011 6:52 PM
To: Subhashini, Marlene
Cc: celsius44@googlegroups.com; Steve Johnson; Bradley, Geoff; Brown, John
Subject: Cowgirl Creamery Use Permit
Ili Marlene-
My neighbors and I received your most recent notice regarding the Cowgirl Creamery use permit, You have
my previous continent letter on this situation that has dragged on for alinost a year now. You continue to ignore
the many intertwined issues of the Three Twins, including their noise that well exceeds 60 dba, This noise also
comes from the equipment shared with the Cowgirl Creamery operation.
There are too many other issues to even attempt to abbreviate here.
I will simply request here that you write a complete staff report on the Cowgirl Creamery and Three Twins
development and hold a public"hearing on this matter. It is a most controversial situation and not to hold a
hearing simply shows the City's contemptfor its residents as well as yOur own violation of the zoning ordinance
procedural requirements. Charge them fees' to cover your staff time; after all, both entities have broken the law
and continue to operate anyway.
Please forward my email to the City Planning Commission and City Council'. I request a response by email from
you, confirming that this has been passed onto the above bodies.
Best regards,
Gail Odom, A ICP
resident of 2nd Street and Celsius 44
t.
5 =V
, 11 ■
Subhashini, Marlene;,_.
Ga
From yl [gaol odorn a�7gmail:com]
'Sent: 'Friday, October 01: 2010 10:57 AM
To: Subhashini,'Mariene.
Cc: Brown, John; Geoff 1. Bradley; Heather Hines
Subject: Cowgirl Creamery should have a major amendment to CUP
IIi
Marlene-
1 have spoken to a Santa Rosa land use ,attorney for initial advice on the issue of the two creameries located on
1 st St. In my last email to you, I pointed out that creameries and warehouse / Wholesale uses are explicitly
excluded from the T5 zone hereand should never have been allowed at all.
I request that the Cowgirl Creamery CUP be subject to a major amendmentprocess, not a minor amendment. I
have reviewed the City's zoning ordinance ,andcan readily see that the required fin, dings in the original CUP
were not made with sufficient evidence to back them up. There was no thought given to the impact the
creamery would have on the Celsius 44 residential development 70 feet away, among a number of other errors.
The original g CUP is flawed, th erators of the Cowgirl Creamery are out of compliance with their permit, and
e,o p
the City has failed to proceed against them.'in the manner specifically proscribed by its Zoning Ordinance
(Chapter 24, Administrative Procedures).
As part of the major amendment, CEQA review will be required as the building housing the two creameries is
over 10,000 sq. ft. and therefore not exempt. In fact, procedurally, the City should' have required a major
amendment to the Cowgirl Creamery CUP when the Three Twins Ice Cream 1' actory was allowed within the .
same building, sharing driveways, parking, milk supply, and some facilities- and of course subletting from the
Cowgirl Creamery.
My attorney and I are prepared to see that the City of Petaluma abide by its existing Central Petaluma Specific
Plan and its Zoning Ordinance, with an eye toward restoring the livability of our neighborhood.
Best regards,
Gail Odom, AICP
•
1
,,. i it
I I
R E-051vt.,D
OCT 1 2 2010
October 12, 2010
PLANNING DIVISION
To: Marlene Subhashini, Project Planner
t ,eeoff Bradley, Petaluma Planning Manager
Eric W. Danley, City Attorney
John Brown, ity Manager
Cc: City Council, and Planning Commission
From: Gail Odom, r St, Petaluma and other residents listed below
Re: Cowgirl Creamery CUP amendment, File No.: 10-CUP-0431
The Petaluma Planning Divisien has made two substantial and fundamental
errors by approving the original Cowgirl Creamery (CC) cvp,,arid allowing the
Three Twins (3 Twins) Ice Cream factory to occupy the same site and building
via a building perriilt. One, Creameries, Storage (including cold storage) and
Wholesaliiig„and Distribution are clearly not an allOwed,Use in the T-5 zone
(Central Petaluma Sped& Plan (CPSP), Sect. 3.10.020A). Two,,the 3 Twins
factory, if it were to be allowed to open and operate in contradiction to the T-5
perthitted uses, should have triggered a major amendment to the CC CUP
(CPSP, Sect 3.10.02013). pespite, the fact that creameries, storage and
wholesaling/ distribution are SpecifiCally not permitted, us eS on APN 008-121-
014, (CPSP, Table 3.1; Industry, Manufacturing & Processing, Wholesaling) 1 will
point out the other somewhat less spectacular flaws in the City's handling, of the
• perinit(s).
•
My neighbors at the Celsius44 downtown townhouses and I have met with
various Petaluma Planning:Staff since February, 2010 to:encourage the City to
comply with its adopted Central Petaluma Specific Plan and T-5 zoning within,
the City-wide Zoning Ordinance, the City's Noise Elenient ofthe General Plan,
the California Enviroinitelitatdtiality Act (CEQA), and the City's Conditional
Use Permit (CUP) handout on procedures, dated 2/25/00:
Th Qiv,vanning Division exhibits bias toward 'the two Markt-based creamery
IlfaCtories, storage and wholesaling/ distribution operations while at the same
time failing tomonitor the illegal sound levelSAnd other external impacts on our
• neighborhood. If you read the public notice that was circulated regarding the
curtent, to the Cowgirl Creamery CUP, it reads as a
favorable endorsement of the enlargement of factory oPeratiOns' that has already
been done i.!■TititOiat Pennit apProval in •advance. The notice fails , to note the
several ways in which the CC is already out of compliance witlutheir existing
CUP. The public notice is misleading and insufficient.
This situation began in August, 2007 when the original CUPWas issued to the
CC. The CC is already in violation of that CUP, which was issued by the City
without addressing major issues correctly. Here are some specific points about
the August 1, 2007 Permit, made in the same order as the approved CUP.
1
• I. k
1. The CUP permit, f ailed to take into account the' fact i that'there are two
locations where the CC is operating in' Petaluma ' In addition to, 4191
Street, where the cheese is made, there is a second m,ajor1ocation of the
CC at 105 H Street, (where 1' Street dead ends at the Foundry Wharf).
This second location is the wholesale cheese distribution center and
warehouse for the CC, railed " Tomales Bay Foods".: (Please refer to the
company website, looking under Wholesale.) Tamales °Bay Foods, the
parent company of CC, imports cheese from all over the world and
distributes it worldwide: This is no Mom and Pop.local,operation. Not
only is there constant track traffic between the two lacationsi,that was
never considered inthe 2007 permit, there is continual truck and forklift
traffic taking place hi the middle of the intersection and street at the 105 H
Street location. There is
absolutely no roonvin this location for any off-
street loading and'unloadmg of trucks: The CC Tomalesa;Bay Foods
operation at'the:Foundry Wharf has not been granted a permit to operate,
to my knowledge. The'origina:l CC CUP was based on an incomplete
project description that `ignored the second Glocation. Not only Creameries
but Storage, and Wholesaling and Distribution are prohibited in the T -5
zone, which covers the second. CC location on H Street as well as the 419
1St Street location:
2. Many of the CUP findings are poorly supported, wrong, or no longer
applicable to the existing Situation. Finding #1,;the 2007 peiudt was
exempted from any CE a A review, the reason stated, that the CC was to
use only part of the 13,000 sq: ft. building at the time. Since the 3 Twins
. g permit g r � � e. Tll this CEQA
dI117
p g pp us, cannot
build�n ermit was ranted�and the extended facto built,
that
be termed a not no
to an Initial Study.
3. See Finding #1, the CC factory (just the restrooms) is not served by City
sewer and instead requires frequent trucking to °haul off whey waste. That
fact was apparently either not disclosed by CC or was ignored by the City.
This trucking of whey waste is not discussed orperm:itted by the original
CUP conditions,of approval; This is more evidence, against a Minor
Am endment.
4. 'Finding #3, the project,does not conform to the Central Petaluma Specific
Plan..It is not compatible; as i ts`boilers emit at least 60 decibels every work
` ° 'Standards set f outs
nuisance
in c e to the neighborhood and a
violation for of the Noise Zoning Ordinance
Performance � Ch. .. .
over °any our an�ex extreme nn nce Standards Ch. 21. (See also Ci SP, Chapter 7, Policy 3.3.) It
is not compatible t� have a noisy factory directly across the street from
residential, development.. This is more evidence against a Minor
Amendment
5. As pointed out in the beginning of this memo, Finding #4, which asserts
that the project as conditioned is allowed in the T -5 zoning; district is
simply wrong. g Function Standards
specifically excludes Agricultural Produc s Processing egg. Creameries
2
Via. "4
h .
,
(see Glossary), as well as prohibiting Cold Storage (CPSP Glossary:
Storage p.75) and Wholesaling and Distribution (CPSP Glossary:; p. 80).
The CC and subsequent 3'Tivins "are best described as' creameries that also
warehouse (cold store), wholesale and distribute their :finished products.
While Food. and'Beverage Product Manufacturing is an allowed use in T5
with a use -permit;:some inconsistency in definitions exists between
creameries (allowed use in T6, D1 and D3 zones). and dairy products,
manufacturing (allowed" in T-5). The California Creamery, Operators
Association defines its members as ones "'engaged in receiving milk and in
the processing and / o r 1 m erchandising of dair p roducts!' with facilities in
.. ci
the State of Califo Due °to the inconsistency in definitions within the
es sense to follow the higher requirementpf Agricultural
P oducts Processing and' the recognition of these:racilities as creameries •
not allowed land uses within the T5 zone. Clearly the CPSP considers
machinery necessary for cold storage an inconsistent land use adjacent to
resideitialuse. Dairy,Prrduct Manufacturing necessitates cold storage
and should be only allowed within T -6 zoning.
g parking, .is es eciall T out of date since the 3 Twins
;
6. n o w oi' s enough room. for all the
Finding regar in
now operates as a second factory onsite. Is there ,
employees of the 13,000,sq. ft. building to park on site? No, employees are
using all available street parking, parking on both sides of lfi` Street. The
requirement`in,the CPSP ;is for one parking ,space per 300 sq. ft., which
would result, in 43 'oi site parking spaces if that requirement had been
followed. The rules were`ignored here in favor of th factories and despite
formerand current neighborhood concerns TheMinor Amendment
a t ' of the 3'T wi ns factory. See to ignore the
would allow more' CC em , lo . ees and wo ` ntinu
substantial parking irnp CPSP Sect.
1,10.010 F.
7. Finding #7 asserts that the project will not he anuisarce or be
detrimental to the welfare of the community. What are the actual facts
that support this determination? The statement that somehow a factory is
es i trucks oe use- han (why comparison..) is fatuous.
H w many trucks are i t
n use - we lust do not have that information. Where
do .the trucks owned by both-factories park? How often do outside trucks,
(many of them quitehlarge) delivering manufacturing material and picking
up product , make trips? Where and :during what hours. do these truck
operations take place- clearl y on the street and not on the site as required
by the CC CUP. There is not ; sufficient site area nor proper design tci allow
es�to occur on site at the two different CC.locations, much less
'that the City has "permitted" with absolutely �ely no operating
e veri
r
the estrictions at � q bsolut
all. The s te(s) are not,ade adequate for the existing use, much
less any expanded use. The few truck deliveries allowed in the CUP are
not an accurate description of what has been taking place for many
1 California Creamery Operators Assoc.:
http : / 1www.ccoadairy.orglbylaws.html (Members include Clover and
Petaluma Creamery)
3
months now A Minor Amendment allows this illegal situation
to
continue as if it doesn't exist.
S. There is no mention:at all of the CC weekly public tours of the creamery
and their parking impact. This is another deficitin the project description.
Street is classrfiedra neighborhood street in the specific plan, though
the CC and 3 Twins factories routinely have trucks blocking passage on is
Street. There is no enhanced or bicycle experience as a result
of these two factc ries `as'the specific plan policies promote (CPSP,.3
paragraph of Introduction,, as one example, Sett. 1.16.010 D as another).
Additionally, no improvements have been required yet as conditions of
approval for the continuation of the Waterfront Promenade boardwalk
trail in the Warehouse District; nor have sidewalks, bicycle lanes and
landscape and lighting amenities consistent With the Downtown Business
Improvement District`been:regnired. (CPSP, Ch 6, Circulation, Policy 3.4)
9. In the original or: proposed amended CC CUP, there is no attempt to
describe or quantify "factory noise at all, only a weak statement asserting
that the project is required to conform to Performance: Standards. The
CUP should describe the factories' noise, vibration, light, glare etc. and
inform citizens howithe proposed project will meet the standards. The
daily intense noise from'boilers pasteurizing milk to make cheese was
not addressedby"the original or this current CUP. The,Petaluma
Creamery on Western Ave. is required to provide the City and neighbors
with consistent noise monitoring, but these two factories on 1 ` Street are
somehow exempt from the same requirement. This is biased treatment
favoring one creamery over others.
10. The CC went aheadand illegally installed (who was the contractor who
• failed to get a building permit?) a new whey storage tank without getting
a CUP amendment. That shows poor judgment on the part of CC, the
contractor and a total lack of consideration for the permit process. What is
also unknown and most be determined is whether this increase in fill
within the flood plain impacts neighboring businesses and residents.
This egregious flaunti.g'of the law creates a further deterioration of our
confidence in the fairness of the City Planning process. CC must be so
politically connected that it feels it can do whatever it wants with no
repercussions, no fines at all. This situation creates a lawless precedent.
What willbe next ?,
11: Theexisting CLIP clearly says in Condition 10 that all business activities
shall. occur inside the building, i g, p r the milk tank. Now the City
large whey 'wants to legalize the very g e h e y t storage tank, recently. and illegally
located outside: This- stipulation for inside uses was earlier ignored by the
leasing of a large part of the building and the site to the 3 Twins. The 3
Twins was allowed to place its noisy manufacturing equipment outside
the buildin The 3 -Twins building permit process is illegal. According
to CPSP Section 3: Building Functions Standards, 3-1.0;00(b)' there
should have been a major amendment to the CC CUP to allow the
4
expansion of a second factory on site. The 3 Twins sublease their
manufacturing area both inside and outside the building from the CC and
share many common facilities, as well as occupying the same building and
the site It was a poor business decision of CC to share a much constrained
space and site with 3 Twins. It was an even larger error for the City to
approve the 3 Twins without following the proper process or applicable
laws, plans and codes.
12. We at Celsius 44 and other neighbors had no hand in these errors and
respectfully request that the City follow faithfully theCPSP, T -5 zoning,
environmental laws and correct the inconsistent CUP and zoning
procedures as has been cited in this letter. Collectively, we have invested
over $20 million in this neighborhood, and the implementation of
compatible land use in,this neighborhood is essential to the sustainable
increase in the City's property tax revenue. (Just, look at the deteriorated
housing across the street from the Petaluma Creamery.) The best -case
scenario is to move the two factories to the T -6 or other suitable zone
where they can invest without limit in Petaluma, where they can expand
many d em a clay s a s s much as business warrants. They could operate as
man
and add employ. y s cessary. Initially, CC wanted to locate on Western
Avenue where the Petaluma milk co -op operated for many years. They
were out -bid by the current operator of the site, the Petaluma Creamery.
So, the CC has always known that the proper location for a creamery is in
one of the industrial zones and they and 3 Twins should plan to relocate
out of our neighborhood at a time certain. Their leases do not last
forever.
13. I request a public hearing, as is allowed by the City's : CUP process. I
envision that the relocation of the creameries will take a few years, so in
the, meantime, we need to regulate these creameries as required by law. 1
request that the City treat the expansion of these two factories as a CUP
Major Amendment so that a complete project description is obtained and
all impacts and conditions of approval are based on reality. The City is
attempting to set a dangerous precedent by ignoring the lawful plans, and
zoning intended to promote a harmonious mixed -use neighborhood.
Thank you for your consideration of these points.
Gail Odom, resident of 2n St.,
Petaluma, Celsius 44 Downtown Townhomes
We, the undersigned residents of Celsius 41 and neig o ring homes, support
and sign -on to this letter by Gail Odom.
Dalia Bravo, resident of 2n St
Patrick Burns and Suzanne Girot, residents of F St
Gregg and Rebecca Cattal.ini, residents of 1st St
Toth Costello, resident of 1st St
Anne and Spence Hiatt, residents of l St
5
Kathy and Ron L' arsen, residents of 1 &` St
Will Leach,.' resident of F St
Lisa Logan, resident of F St
joe Matt resident of 1''St
John and Liz Martin, residents of 2 St
Larry .Tracey, resident of Ir St
Holly Turner resident of F St
Jairney Walking Bear, resident of F St
Patti and Yoko. Werbaneth, residents of 1 St
Tyler and. Kellee Young, residents of G St
6
RECEIVED
OCT 1 2010
PLA \NINE DIVISION
The application, received =from. Susan Conley, for an amendment to the existing
conditional use permit for Cowgirl Creamery, at 419 First , should be denied.
Due to their inability to follow through with the present permit, the rules
regulations and a promise madeat a City Council meeting in 2007: Mayor Torliatt and
the owner of Cowgirl Creamery, both promised that noise' from idling trucks and
refrigeration units would not be. allowed.. Mayor Torliatt promised;us thatif idling, noisy
trucks were a problem, the permit would be denied. Please check out the many noise
complaints, and the fact we already endure, in our homes, over 100 hours industrial and
incidental m surroundinig,businesses each week. When can we enjoy our homes?
When do we slee p
The Cowgirl Creamery trucks make quite a ruckus. The neighborhood was
promised that trucksrwould shut off completely when they park. They also promised three
trucks a week. The trucks are not supposed to restart until they are ready to leave. They
have more trucks than stated and rarely do they turn off their trucks, idling for minutes at
a time, times five or six trucks a day while. some trucks will `idle foran hour or more. It's
Y
awful to listen to.
Since, last year numerous complaints have been called into the police department,
day and night„ concerning: idling trucks outside of or waiting for Cowgirl Creamery.
Diesel fumes fill rayhome, yard and aviary. These calls have ceased, (February 2010),
p p "didn't anymore". I, have tried calling
the D.M.V. for their ollutaon hotline, but that is only a recording because the police d P artment didn t want to deal with it an g and no one has called
me back.
I next took my complaints Joe Garcia in the Code Enforcement division. He
seemed helpful at first but it seems there are more pressing` issues: for his time.
When Cowgirl Creamery expanded into Foundry Wharf they added considerable
noise pollution tro control to the dnvS Their trucking operation is contracted out but they still
have }
o dri Street whentheypark. They already operate outside their currently
permitte limes o� and `5 :00p.m. six days a week.. Quite :often they work on
Sundays y ;asking for an extra half hour in the' morning, which means the
trucks will show up two hours earlier.
Added to all of that noise the customers from two, new cafe/ wine bars in the
neighborhood and the amplified music associated with late :evening'entertainment.
Sometimes the noise doesn't cease until after midnight. When can :I rest?
trucks to haul Y g g ethere goingto be
addi tional' . away a more general waste from more t his l ge
Does g •
m flue larger er tank? I �
Thank You for
your time and consideration in reading my letter.
-CO Sa r∎ 30\r\r&-)tA
5 \5 2c , 5-t, B
Pe__±c,.1uvy \o,. Cam,
1q952_
1--)ht\701-? (1?2:-A2__o5)
oroi
Subhashini, Marlene
From: werbaneth @comcast.net
Sent: Tuesday, Januaryr 11, 2011 3 :46 PM
To: Subhashini, Marlene
Subject: Fwd: Comments On Proposed Amendments To,Cowgirl Creamery Conditional Use Permit
Attachments: YE - PFW CommentsbnFile 10- CUP -0431 1- 09- 11.pdf
Dear Ms. Subhashini:
you hoping m will confirm receipt of'm.
I ' p ho y p y e -mail before the close of business today please, as it is
from after the close of'`business today I think that public comments on the Cowgirl Creamery CUP will
no longer be accepted..
Thank you,
Paul
cell: +1 707- 338 -2837
Forwarded Message
From: "Paul Werbaneth" <werbanethecomcast.net>
To: "Marlene Subhashini" <msubhashiniic7i ci:petaluma.ca.us>
Cc: "Steve Johnson" <stevejestiamesr rbperties.com >, "Geoff Bradley"
<GBRADLEYa,ci.petaluma.ca.us ?, "John Brown" <ibrowneci:petaluma ca.us >,
celsius44(c�googlegrouos.corn, citvclerk(u,ci:petaluma.ca.us, "David Glass"
<davealass(c comcast .net >, "councilman albertson" < councilman .albertsongmail.com >, "Teresa
Barrett" <teresa4petaluma(a corncast :net >, Mike Harris" <rnike4peteaol:com >, "Mike Healy"
<mthealvesbcalobaI ;net >, tiff@tiffanvrenee.com, "Yuko Ezuka" <vuko3513(u)_vahoo.corn>
Sent: Monday, January 10, 2011 7:01:10 PM
Subject: Comments On Proposed Amendments To Cowgirl Creamery Conditional Use Permit
Dear Ms. Subhashini:
My wife, Yuko Ezuka, and I have .comments about the proposed amendments
to the Conditional Use Permit under which Cowgirl Creamery and its
tenant, ThreeTwins Ice Cream, both located at 419 First Street, now
operate.
Please referto the.attached Ietterfrom us . for the details of our
thinking.
In summary,, we strongly. urge''the City of Petaluma to deny all the
proposed amendments to the Cowgirl Creamery Conditional Use Permit,
for the reasons we set out inour letter.
Please confirm your'receipt,of our letter by replying to this e-mail.
Thank you for your attention.
1
Yuko Ezuka and Paul F. Werbaneth ;.
418 1" Street
Petaluma, CA 94932
10 January 2011
Ms. Marlene Subhashini
Planning Division, City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Comments on Minor Conditional Use Permit, File No: .10- CUP- 0431:;APN 008 -121 -014
Dear Ms. Subhashini, Dear City Of Petaluma Planning Department:
Here are our ,comments • regarding the significant changes proposed for the Conditional Use Permit
associated with the businesses located at 419 First Street, Petaluma, CA.
The several city blocks centered around the 400 block of First Street are a mixed-use neighborhood. The
successful mixed -use neighborhood. my Celsius 44 neighbors and I are trying to foster in the '400 block of
First Street combines residential (the Celsius 44 condominium community, and other nearby residences)
and commercial uses (Cowgirl Creamery, Three Twins Ice Cream).
We think our neighborhood will only work when all stakeholders in the neighborhood agree to and confirm
to a common set of rules. These rules are a combination of the zoning ordinances, conditions of use, and
city statutes that apply to our . neighborhood, along with certain commonly accepted practices of being
"good neighbors."
Cowgirl Creamery and Three Twins Ice Cream, the two businesses operating from 419 First Street,
currently do not conform to the noise ordinances applicable to our neighborhood and, despite sustained .
efforts by many homeowners in our neighborhood to get them to do so, including good- neighbor talks with
the managers of the Cowgirl 'Creamery ' and Three Twins Ice cream businesses, we are aware of no firm
plans p g disruptive being produced endin to resolve the disru tivemdustrial noises roduced by these businesses.
Because there are already unresolved use violations at the 419 First Street property, we cannot accept
proposals that will add additional noise and congestion to our neighborhood.
We do not want to bear the additional burden of longer hours of operation! at 419 First Street, we do not
want to bear the additional burden of increased delivery truck, activity in our, neighborhood, and we do not
want
art at 419 First, burdens that will of increased vehicle traffic and parking congestion related to factory
i 'be imposed on us by allowing these proposed amendments to pass.
Therefore, we strongly urge you to deny all proposed amendments to the existing Conditional Use Permit
for Cowgirl Creamery as requested in File No. 10- CUP - 0431; APN 008- 121 -014.
Additionally, we want to receive a: detailed response from the City of Petaluma as to why the disruptive
g produced by the 24x7 manufacturing operations at 41 9 First Street have not as yet
been industrial noises
remedied being b
in these ten months since we first drew your attention to these violations.
Thank you for your consideration.
Yours truly,
Yuko Ezuka
Paul Werbaneth
rt ST. jAMIS
- : ; :ii PROPERTIES
October 5, 2012
Ms. Marlene Subhashini
Associate Planner
City of Petaluma
Planning Division
11 English Street
Petaluma, CA 94952
Re City File # 10 -CUP 043 APN 008 -121 -014
Dear Ms. Subhashini, .
St. James Petaluma;LLC ( "St.. James ") is in receipt of your notice of "Minor
Conditional Use Permit" 'for 'the Cowgirl Creamery located at 419 l Street and wish to
comment on the proposals.
St. James has no issue with the storage tank portion of the application.
St. Jaines.:does have concerns about the number of employees and the shift timing.
As you are no doubt aware 'St. James has approval to :build an additional condominium
building directly across the street from 419 1' Street (our "Celsius 44 — Building 4").
While acknowledging thavtl e area is in transition from its past more industrial uses to a
future of more residential and commercial uses (according to, theCentral Petaluma
Specific Plan— "CPSP"), and mindful that the CPSP indicates a need to "respect existing
industrial uses ", the future residents of our building 4, as well as' the current residents of
our completed- to- date.,Celsius 44 project, deserve the City'ss support in making sure that
their quality life is not adversely impacted by the proposed industrial uses under
consideration.
S ecific concerns at p this point in time relates to thenumber of employees, when
they will be working, where they be parking, and how much noise they, and the
operation in general, will bemaking. Also of concern is the. overlapping CUP's for the
Cowgirl Creamery and the Three Twins :operations, which are both running out of the
same facility..
Regarding parking, as background the City required that Celsius 44 provide one
parking spade per residential unit, on our site. I am not clearon how many parking
spaces exist for the Cowgirl ki , certainly appears-that t ear what the
: CPSP requires for parking g for industrial uses, but it most of the
current employees are utilizing street parking, which is quite impacted This will only get
worse with additional employees and with nearby, currently vacant uses'being
(hopefully) occupied in the future. Parking should be addressed by the City.
2999 Oak Road, Suite 400, Walnut .Creek, CA 94597
(925) 943 7006 Far (925) 933 -14041 www.stjathesproperties.com
• 6 axt���4o,. Sr. JAMES
,
PROPERTIES
Noise is the other factor that •needs . to be addressed, -both with the use and timing of the
on site machiriery, aswell
as with the working hours. We believe that the proposed 6AM
start is much too earl and believe that, if anything, the starting hours should be pushed
the other way, p Y� to refer
abl 8AM to 6PM. Re e hours, the operation needs to
gardless�:ofth
conform to the CPSP and City of Petaluma noise stanOrds.
e
and Cowgirl Creamery), du w.e trust that the City will add e property /facility (Three Twins
g
gu ty address how the cumulative uses and
impacts will be in conformance with any and all City Codes': and/or the standards set forth
within the City's zoning ordinances and/or the CPSP. ,
Thanks yau.for considering our comments ands I wo � d appreciate a,written
conformation of the Planning Divisions decision on this application.
Regards,
St. Jame Pe •
By S J :� 9 op , e ; ; grog Member
Steve . Johnson
Present
• 2999 Oak Road, Suite 400, Walnut Creek, CA 94597
(925) 943 7006 1 Fax (925) 933 -1404 1wwwstjanaesproperties.com
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Subhashini, Marlene
Sent: Monday, Januaryt10,2011'2:02 PNperties.com] II
To: Subhashini, ,Marlene
Subject: Cowgirl Creamery File #10- CUP -0431
Attachments: D00O34.PDF
Dear Marlene -
The following comments are in response to the REVISED Notice of Administrative Action, 419 First Street, Minor CUP,
File #10- CUP -0431
g p final building (building 4) of the
1 directly subject property. Y is anticipated n
F Celsius t 44 proje St Jarnes ct ect direcProperties y across the st eet'froma building permit to construct the, and access purposes, it '
' the sub�ect roP e Forsafety a
that when we construct our building, because it is a constrained "infill" site, temporary closure of street parking places
parking o acted already, the building The neighborhood hborhood a ears to be
p artin g im p project will be necessary in order to access and construct
alread and w any changes g g pp
y , y we pare concerned reed about ap cha eP to the use ermit that would further i mpact parking
be careful) addressed. In particular, we request .that the parking impacts that'the refe renced CUP do not adversely affect
our ability to reasonably access and construct our existing approved project.
Additionally, when completed, the residents of outbuilding 4 should be afforded the sound; mitigation that the General
Plan and the Central Petaluma Specific Plan call for. Does the referenced application do this?
On a further note regarding sound attenuation,. please: see the conditions of approval for our project related to sound. It
appears that the hours of sound disturbance,forthe referenced CUP are proposed to beless restrictive than for our
project and we would request consistency in, both hours and says of the week 'that noise /activity is allowed.
The notice mentions milk delivery being ;allowed to go from one day to 6 days per week but does not say which days. Is it
possible that milk deliveries could occur at 6AM on Sunday mornings and be in accordance with the CUP if approved as
submitted?
Thank you for the opportunity to comment on the CUP.
Regards,
Steve Johnson
Steven A. Johnson
President
St. James Properties
Vodafone Building
2999, Oak Road, #400
Walnut Creek, CA 94597
Office (925) 943 -7006
Fax (925) 933 -1404
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4 :F
- 5. To be PoAsistent with the Central Petaluma Specific Plan and the approved imProvement
plans for Theatre District project, the main line rail tracks •ahall be retained as part of
street reconstruction. 1
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6. All lighting shall be shown on building permit plans and shall be downcast ilia order to
prevent glare into bicyclists' and pedestrians' eyes.
7. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists jwithin the
project without 'first providing appropriate signs warning of the use of chemiitals. The
project shall utilize Best Management Practices regarding pesticide/herbicide us 4 and fully
commit to Integrated Pest Management techniques for the protection of bicyclists and
pedestrians.
8V,t435k4O of a building, permit, grading permit, or improvement plans, th applicant
• shall comply with the Central Petaluma Specific Plan MR mitigations for arc eological
resources. The mitigation measures shall be indicated on plans submitted for staff review
cipAdr4Itigto:yal.
9. The applicant shall comply with the Central Petaluma Specific Plan EIR mitiglations for
construction noise, except as modified by the following, conditions of apriroval for
construction hours and no of the project constructiOn'Schedule:
A. Construction hours' are limited to Monday through Friday from 7:00 a.M. to 6:00
p.m. Only interior worlc may be performed on Saturday from 8:00 a.m. to (5:00 p.m.
Noise generating' construction shall be prohibited on Sundays' and all' holidays
recognized by the Cityof Petaluma. Construction activities that generate *tie or no
exterior noise, such as painting, electrical work, plumbing, etc. may be xempted
from these more restrictive requirements if 'approved by the Ccinununity
Development Department. These construction hours shall be inclhded on
improvement and building permit plans submitted forreview by the City.
B. The project, applicant shall designate a Ofire "114111,t1BOrdipg6r, sijch as the
contractor or contractor's representative, who is responsible for respon.dit to any
local complaints, about construction noise. The disturbance coordir4or shall
determine the cause Of the noise complaint (e.g. starting too ar1y jd rnttfer, etc.)
and take measures to correct , the ep
probl...
';P:XelffdttPtilititIlegkivs_illipilitted0:4liiiiftlibtlefitit, and included in a mailing
regarding the construction cliTeilule sent to all neighbors within 500 fe0 of the
subject parcel. The mailing shall be sent prior to issuance of a building permit or
improvement plans.
10. In accordance with the provisions of the Petaluma.'s Municipal Code, the apPlic4Int shall
pay applicable City Special Development Fees at the time of biiildindperMit
iiiluding; but not liniited to sewer connection, water connection, cOnuntiriity acilities
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development, in lieu housing, storm drainage impact, school 'facilities and traffic mitigation
fees. •
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Subhashini, Marlene
From: kat.larsen@domcast.net
Sent: Sahli-day January 08, 2011 2:46 PM
Cc:
To: Sub us44 oo le
Cc:
roups.com; Steve Johnson; Bradley, Geoff; Brown, John
Subject: Conditional Use Permit for Cow Girl Creamery
Dear Ms. Subhashini:
This letter is in response to a recent notice we received regarding modifications to a use permit for
Cowgirl Creamery. A small group of us from Celsius 44 met with Ms. Conley this week and at that
time we made the following points:'
We continue to have a noise problem in our neighborhood, a problem that did not exist when we
purchased a home in the area. The noise, comes from 419 First. This business, 3 Twins Ice Cream is
a tenant of Ms. Conley. The proposed changes to Cowgirls. CUP would only add additional noise,
traffic, and interuptions in our neighborhood. Why would we agree to these changes when our
original complaints have not been addressed?
On November 17th Fred Svinth of Illin g worth and Rodkin measured, the noise from the Cowgirl site at
63 dB and 64 dB from the balconies of two "Celsius 44 condominiums. The noise levels continue to be
out of compliance and emanate from both businesses on site.
As homeowners impacted by noise and traffic, we request a public hearing to hear in detail what the
plans are for Cowgirl Creamery and also the tenant of this landlord, 3 Twins Ice Cream. We have
y gallon tora a
watched in dismay as a 4500 :s tank was installed with
' no permit. We doubt their word at
g 9��
this point and feel that the noise issue must be solved before any additional changes should occur.
Please share our concerns with members of the City Council.
Kathleen and Ron Larsen
410 First Street
Petaluma, CA 94952
707 763 -2778
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4. Sul
Subhashini, ,Marlene ' .
From: kat.larsen@corncast.net
Sent: Thursday, October 07, 2010 12:48 PM
To: Subhashini, Marlene
Subject: Cowgirl Creamery
We live at 410 First Street directly across ' from the Creamery and 3 Twins Ice Cream. The storage
tank is already there and we can live with it. We do not agree with the change in hours (Although
there is already business before 6 30) ,and especially not the additional employees. Parking is at a
premium on First St. so unless employees parked elsewhere and mere brought in together we could
not support this change.
Ron and Kathy Larsen
410 First Street , ,
Petaluma, CA 94952
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Subhashini, Marlene
From: Patrick Burns [pathburns @comcast.net]
Sent: Monday, January 10, 2011 10 :08 PM
To: Subhashini, Marlene
Cc: 'Steve Johnson'; Bradley, Geoff; Brown, John; - City Clerk; 'David Glass';
councilman.albertson @gmail.com; Teresa Barrett'; 'Mike Harris'; 'Mike Healy
tiff @tiffanyrenee.com.
Subject: Comments On Proposed Amendments To Cowgirl Creamery Conditional Use Permit
Dear Ms. Subhashini:
We want to echo the comments that some of our neighbors have already sent to you.
Cowgirl Creamery and Three. Twins Ice Cream, the two businesses operating from 419 First Street, currently do not conform to the
noise ordinances applicable to our neighborhood and, despite sustained efforts by many homeowners in our neighborhood to get them
to do so, including good - neighbor talks with _themanagers of the Cowgirl Creamery and Three Twins Ice cream businesses, we are
aware of no plans pending to resolve the disruptive industrial noises being produced by these businesses. We were quite willing to live
with the conditions under which Cowgirl Creamery was operating when we purchased ourunit in May of 2009 but not the substantial
changes that have been made and proposed since then. •
Because there are already unresolved use violations at the 419 First Street property, we cannot accept proposals that will add
additional noise and congestion to our neighborhood. We do not want to bear the additional burden of longer hours of operation at 419
First Street, we do not
want to bear the additional burden of increased delivery truck activity in our neighborhood, and we, do not want to bear the additional
burden of increased reased vehicle traffic and parking
these proposed amendments to pa ing congestion related to factory tours at 419 First, burdens that will be imposed on us by
ss 'Therefore, we strongly urge you tadeny all proposed, amendments to the existing
Conditional Use Permit for Cowgirl ,Creamery as requested in File No. 10- CUP - 0431 APN 008- 121 -014. Further we believe that the
proposed changes are not `minor' in any sense of that word and demand that there be a hearing before the Planning Commission
before the proposed changes are approved.
Patrick Burns
Suzanne Girot
117 F Street
1
Subhashini, Marlene.., ,
From: Anne Hiatt [
anneh @cpsrpa.com]
Sent: ' Monday, October 11, 2010'11:10 AM
To: Subhashini, Marlene,
Subject: Minor CUP: File #10-CUP-0431
Hi Marlene,
mailed this letter to you on Saturday. But because Monday is a Holiday for the post office, I am sending you
this e -mail copy of our letter re: Cowgirl Creamery and their request to amend their CUP. See below.
Thank you, Anne & Spence Hiatt
406 1 Street,
Petaluma, CA 94952
October 10, 2010
Marlene Subhashini
Planning Division
City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Minor conditional Use Permit, File, No: 10 -CUP -0431: APN 008-121-014
Dear Planners:
This is a request q g Cowgirl Creamery's CUP until the issues of the
Three Twin Factory; is sharing equipment and subleasing from the. Cowgirl Creamery are resolved.
Together they have created an intensification of use that goes well beyond the Cowgirl Creamery's original
CUP. Until these issues are fully evaluated as a whole, expansion of hours and increasing the number of
employees is just plain irresponsible on the part of the City of Petaluma.
When we first moved to 4061 Street, the Cowgirl Creamery was located directly across the street from us at
406 1 Street. Because the creamery was quiet after 5 or 6 p.m. daily and quiet over the weekends, the
daytime noise and delivery trucks were tolerated as part of a mixed use neighborhood. We lived an entire
year at Celsius 44 in harmony as a neighbor to Cowgirl Creamery.
We invested over half a, million dollars in our downtown condominium trusting that the City of Petaluma was
overseeing this concept of 'a wonderful mixed use neighborhood. When we purchased our home at Celsius
44, we relied on ,,, the City of Petaluma to maintain the integrity of the usesthat comply with zoning regulations
and the city's designations of usage for the area.
The Celsius 44 Downtown Condomm_iums „were in existence prior to the': approval of the City of Petaluma's
permit to allow the Cowgirl., Creamery to sublease to Three Twins Ice Cream Factory. The City incorrectly
extended Three Twins permission to conduct business without any type of use permit. The SmartCode says
that businesses within the same warehouse' should follow the guidelines of the most stringent CUP.
Therefore, the Three Twins' use of the warehouse space should fall under Cowgirl's CUP. The Cowgirl
Creamery and the City of Petaluma not'only approved an ice cream factory but also the placement about
1,000 square feet worth mechanical equipment on an outdoor raised platform 70 feet away from our
condominiums! The SmartCode says that all business activities inclusive of all manufacturing equipment must
be inside the warehouse. This shared reqUiPrnent now runs nonstop 24 hours a day and the mechanical noise
can be heard despite the partial enclosure that was built by the Three Twinsice Cream Factory. Creameries,
wholesale and distributing businesses like the Cowgirl Creamery belong in a T -6 zone, not the T -5 zone of a
mixed use neighborhood.
Page 2 — 406 1 Street, Petaluma'— File No 10- CUP -0431
What does this have to do with denying;these seemingly harmless amendments to Cowgirl Creamery's CUP?
1. There are many unresolved code and zoning violations. The City of Petaluma is giving the strong
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impression of preferential treatment 'to the Cowgirl Creamery and to the Three Twins Ice Cream
Factory while ignoring the quality of life issues of the residents of Celsius 44.
2. Cowgirl Creamery has a symbiotic relationship to Three Twins Ice Cream Factory by sharing, tanks,
equipment, parking, garbage fins, whey disposal, and handicap entrance. This intensification of use
has dramatically changed the'intensions of the original CUP.
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3. Cowgirl Creamery and its tenant, Three Twins, must be evaluated together with its impact on the
mixed -use neighborhood. This,'too, is required by the SmartCode.
A well respected city manager of a prominent California city told us candidly that the City of Petaluma should
strongly consider moving Three Twins to a location with the appropriate zoning and alleviate this mess so that
Cowgirl Creamery can expand in a reasonable way within the boundaries oflts CUP.
Respectfully submitted,
Anne and Spence Hiatt
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g g g an inconvenience. n must be considered a hazard to
he
Calling noise a nuisance is like cal. health o people n le evehe eois
— Dr. William H. Stewart, former Surgeon General of the United States
406 1n Street
Petaluma, CA 94952
January 8, 2010
Marlene Subhashini
Planning Division
City of Petaluma
11 English Street
Petaluma, CA 94952
RE: REVISED CUP, File No. 10-CUP-0431: APN 008- 121 -014
We believe the City of Petaluma wants to see the concept of the mixed use neighborhood work. We
residents want it to work. ., It is imp
ortant that the City strictly enforce zoning and codes so that the
concept.of mixed -use living is•successful by properly enforcing standardsfor future businesses and
home owners together who live in the mixed use area of Petaluma. This bad situation could be turned
into a model situation with along with constructive guidelines for the future.
THE PROBLEM
1. The Cowgirl Creamery is violating „the city's noise ordinances. Certainly, when we live in the mixed use
area adjacent to downtown, we should naturally expect higher noise levels than in outlying areas. This
specific noise problem, however, is.not an inherent, normal part of city life in a mixed use area. On
November 17, 2010 Fred Svinth from Illingworth and Rodkin measured noise levels from the Cowgirl
Creamery site at 63 andl64 dB from the two balconies of two Celsius 44 condominiums (as per the
request of the planning department as part of the permitprocessforthe noise,mitigation for the Three
Twins Factory, who subleases space from the Cowgirl Creamery,). Cowgirl Creamery equipment was
running during this reading. The two companies together continue to emit noise that exceeds the noise
ordinance. noisiest piece of equipment daily for extended periods of time. The noise
consists of m chines cycling 24/7 with extended periods where the noise is out of compliance
with the city's noise ordinance: Ironically, the most annoying and damaging noise is overnight when
residents are, subjected to the cycling noise of machinery and never have a moment of peace and quiet.
This overnight noise most likely is in with the' letter of the law but it is not humane.
2. One part of the city code,specificaliy disallows creameries in mixed use (T-5) areas like this one.
Creameries are permitted in industrial (T -6) zones which are separate'and distinct from the mixed -use
(T -5) zone and for good reason! The code also disallows wholesale and distribution in mixed use area
(T5) zones. Cowgirl is i Twins.
3. The Cowgirl Creamery wants to extend operating hours and start their operation at 6:00 am and end at
.
5 :00 pm. They want increase to six milk deliveries a week. Increasing production and hours will
intensify noise and they already have a serious noise problem.
4. The Cowgirl Creamery is asking for a clarification of interior square footage from 6,000 square feet to
8,640osquare feet. This is a 30% increase! This is substantial. Their original permit is for only 6,000
square feet. Also, they have subleased 4200 square feet to Three Twins which should have gone under
their CUP as per the city code. Is this a °case of "we'll count this square footage but not that (Three
Twins) square footage? Why not count all the square footage and hold Cowgirl accountable for the
noise situation—it's the creamery's leasehold all 12 ,840 (more orless) square feet: They are sharing
equipment when it's convenient but not sharing the inconvenience of responsibility for the noise
situation.
RECOMMENDATIONS:
1. The City must clarify within its code what mixed -use means. Warehouses in the mixed use (T5) zone are
supposed to contain the business with all its operations inside the building. This is clearly not the case
with Cowgirl Creamery and its tenant, Three Twins.
2. There should be a public hearing as this has not been a transparent situation. This mixed use
neighborhood should have been given written notice of the permit application of Three Twins and the
plans to put several industrial machines 70 feet from our windows but we were not informed. Mistakes
have been made and codes violated. The whole situation has been complicated by the City trying to
keep the two businesses, Cowgirl Creamery and Three Twins Factory separate when they share
equipment, tanks and common spaces warehouse. They are separated when it is convenient and
share equipment when Us convenient. It is time to re- evaluate the permits and enforce city codes, put
things right and have everything in the open.
3. We recommend relocating and containing the machines that cycle and run overnight as a minimum
condition. This is a quality of life issue for the affected residents and the right thing for the city and the
two businesses (and perhaps the landlord) to do. The code says that businesses must operate within the
warehouse. These businesses are benefiting at the expense of the residences' reduced quality of life.
4. We believe the City of Petaluma would like to see the concept of the mixed neighborhood work. We
want it to work. It is important that the City strictly enforce zoning and codes so that the concept of
mixed use living is successful'for "its residences as well as its businesses. It also will help set up standards
for future businesses and home owners together. This bad situation could be turned into a model
situation with constructive guidelines for the future.
IN CONCLUSION: Until the noise'issue;is properly addressed, we urge the city to : deny the request for a
modification of the CUP. The current requests by Cowgirl Creamery will continue to add to the existing noise
problem and possibly, the eventual degradation of the mixed use neighborhood.
Anne & Spence Hiatt
Celsius 44 Homeowners
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Subhashini, °Marlene
, JJanua , 10, 2
From: Itrace60 comcast:net
Sent: Monday, ry 2011 3:31 PM
To: Subhashini, Marlene
Subject: three twins and cowgirl: creamery
Ms. Subhashini: Greetings. Would you,please add my name to�the list of dis- gruntled Celsius 44
residents concerning our t � r
ee twins ice cream and cowgirl creamery. While,' do enjoy
living in a mixed use neighborhood, tilting the use too much industrial is surely going to diminish the
nei fibors
calm and enjoyment of our neighborhood. Some mornings I am awake when the noise starts,
but on the mornings when I am not, 1'too awakened b s °the noise Allowin g earlier'and more
deliveries is simply unaccaptalle.Sound tests have already provided` evidence of excessive noise.
What's also particularly alarming, is that cowgirl creamery added a 4500 gal. tank without first getting
a permit, only to have it rubber stamped at a later date. Hell, I needed to get permission from the city
to change my front door from all glass to a solid door before I could make the change. And now they
want to add a wastewater tank hextto the river. Sounds neither!safe orwise. CUPs don't mean much
if they whimsically changed the citys discretion. I stand with my neighbors in calling for a
c hearin alot y can be g, We p aid y lot of 9 at
for our homes. The city needs to treat us with the same respect
money
that they seem to be showing three twins and cowgirl creamery. What's also very alarming is that
we've been having this same back and forth for nearly a year.I'd like you t� share my concerns with
the city council and I'd like a response to my letter. Respectfully submitted: Larry Tracey
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Ms. Marlene:Subhashini'
Planning Division; City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Comments on Cowgirl Creamery Minor Conditional Use Permit, File No:
10- CUP -0431: APN 008 - 121 -014
Dear Ms. Subhashini,
This letter is in support of amending Cowgirl Creamery's CUP to allow for the efficient
operation of their agricultural business. Cowgirl Creamery lTomales Bay Foods is a
company dedicated to the production and distribution of artisan and farmstead cheese.
Limiting their activities'in 'the historic warehouse district of Petaluma works to limit the
success of small production agriculture in Sonoma and Marin County.
Our company,La Saison W uld be impacted by limits placed on shipping and delivery at
Cowgirl Creamery/Tornales, Bay Foods as they purchase .10% of the proudcts we make
for distribution to retailers a nd in the Bay Area.,
Please allow this business to grow and prosper in these challenging times.
Sincerely,
Natalie Niksa, Owner
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Ms. Marlene Subhashini
Planning Division, City of Petaluma
11 English Street
Petaluma, CA 94952
RE: Comments on Minor Conditional Use Permit, File No 10- CUP -0431: APN 008 -121-
014
Dear Ms. Subhashini,
This letter is in support of amendingiCowgirl Creamery's CUP. The 'installation of the
whey tank has allowed me to °access a highly nutritious and organic feed source for my
animals.
Whey is a natural by' - product; of cheesemaking. Normally whey is a treated as a waste
product and when mishandled can result in detriment to the environment. Cowgirl
Creamery has undertakenygreatlengthsto ensure that the whey produced in their
Ai
cheesemaking process does not harm the environment. Beyond,that, they have put
much effort into finding a use for the by- product, thereby reducing their impact on the
environment even further.
By having access to the whey, I am able to increase the productivity of my organic hog
operation: and chicken Am !sure that-the City of Petaluma values the beneficial social
and economic synergies of h an agricultural' processor' in the city, especially one as
responsible and reputable as Cowgirl Creamery.
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Thank you for your considered attention to this matter.
Tim Mueller
Riverdog Farm
PO Box 42
Guinda, CA 95637
530.320.1608
tim @riverdogfarm.com
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