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Home My WebLink AboutStaff Report 07/18/2011 4.B Part 3 of 3 inning Commission http: / /petaluma. granicus. com /MinutesViewer.php ?.view_id =5 &clip... ATTACHMENT 6 City of Petaluma, CA City Council Chambers 3i 4 `,' City Hall, 11 English_ Street kF; Petaluma, CA 94952 485, Telephone 707/778 - 4301 / Fax 707/778 -4498 _, E -Mail cdd @ci.petaluma.ca.us Web Page http : //www.ci.petaluma.ca.us Planning Commission Minutes February 22, 2011 - 07 :02 1. ROLL CALL: Present: Melissa Abercrombie, Dennis Elias, Mariane Hurley, Curtis G. Johansen, Jennifer Pierre, Alicia Kae Herries, Chris Albertson Chair Johansen Council Member Albertson Chair Johansen 2. APPROVAL OF MINUTES - COMMISSION: Approve the January 11, 2011 Planning Commission Minutes. (07:04 PM) Motion: Approve Moved by Jennifer Pierre, seconded by Alicia Kae Herries. Vote: Motion carried 6 -0. Yes: Melissa Abercrombie; Dennis Elias; Mariane Hurley; Curtis G. Johansen; Jennifer Pierre; Alicia Kae Herries Abstain: Chris Albertson Council Member Albertson will recuse himself from the approval of the minutes. 3. PUBLIC COMMENT: The Commission will hear public comments only on, matters over which it has jurisdiction. There will be no Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. (07:04 PM) Public Comment Opened Public Comment Closed Commissioner Pierre 4. CORRESPONDENCE: Receive information from staff on Commission Correspondence since the prior Planning Commission meeting. (07:06 PM) Commissioner Pierre Heather Hines, Deputy Planning Manager 5. PLANNING MANAGER'S REPORT: Receive Planning Manager's Report. (07:06. PM) ,. Df 11 6/27/2011 108 PM anning Commission http://petalurna.granicus.com/MinutesViewerphp?view_id=5&chp... Heather Hines, Deputy Planning Manager Commissioner Pierre Ms. Hines Commissioner Elias Ms. Hines Chair Johansen Commissioner Hurley Ms. Hines Commissioner Elias Ms. Hines 6. COMMISSIONERS' REPORTS: Receive. Commissioners' Reports. (07:07 PM) Commissioner Pierre Chair Johansen 7. PUBLIC HEARING: NEW BUSINESS: The project is a proposed right-of- way abandonment of a portion of Cherry Street adjacent to St. Vincent's High School ball fields. The purpose of the abandonment is to sell unused City right- of -way to St. Vincent's High School.TITLE: St. Vincent High School Right, of Way Abandonment APN: 006 - 021 -026 FILE:10 -ABN -0192 STAFF: Curt Bates (07:08 PM) STAFF REPORT, EXIIIBITS A -C Curt Bates, City Engineer Leslie Thomsen, City Attorney Chair Johansen Council Member Albertson Ms. Thomsen Council Member Albertson Mr. Bates Council Member Albertson Mr. Bates Commissioner Elias Mr. ( Bates Commissioner Elias Mr. Bates Commissioner Elias Mr. Bates of 11 - 6/27/2011 3:08 PM inning Commission http: / /petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip... Commissioner Elias • Mr. Bates Commissioner Elias Mr. Bates Commissioner Herries Mr. Bates Chair Johansen Ms. Thomsen Chair Johansen Public Comment Opened Public Comment Closed Chair Johansen Commissioner Pierre Commissioner Elias Mr. Bates Commissioner Elias Mr. Bates Commissioner Elias • Chair Johansen John Walker, applicant Commissioner Elias Chair Johansen Commissioner Elias Chair Johansen Ms. Thomsen Heather Hines, Deputy'Planning Manager Commissioner Elias Chair Johansen Motion: Approve the resolution as written except for the two changes to the address and adding Roman infront of Catholic Moved by Jennifer Pierre, seconded by Alicia Kae Herries. Vote: Motion carried 7 -0. Yes: Melissa Abercrombie; Dennis Elias; Mariane Hurley; Curtis G. Johansen; Jennifer Pierre; Alicia Kae Herries; Chris Albertson of 11 6/27/2011 3:08 PM anning Commission http:/ /Petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip... Chair Johansen 8. PUBLIC HEARING :.. NEW BUSINESS: An application has been submitted by Susan Conley of Cowgirl Creamery requesting modifications to a previously approved administrative'Conditional Use Permit (07 -CUP -0144) to authorize the addition of a 4,500 gallon whey storage tank; changes in Jiours of operation; changes to the number of onsite deliveries;, allow for limited public tours and for a future onsite wastewater pretreatment system at 419 First Street.TITLE: Cowgirl Creamery - CUP Modifications APN :008- 121 -014 FILE: 10 -CUP -0431 STAFF: Marlene Subhashini (07:27 PM) STAFF REPORT ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT F ATTACHMENT G ATTACHMENT H ATTACHMENT I Marlene Subhashini, Associate Planner Ms. Subhashini Leslie Thomsen, Assistant City Attorney Heather Hines, Deputy Planning Manager Ms. Subhashini Chair Johansen Commissioner Elias Ms. Hines Commissioner Pierre Ms. Subhashini Commissioner Pierre Ms. Hines Commissioner Pierre Chair Johansen Commissioner Pierre Ms. Subhashini Ms. Hines 'or4 60-4 of 11 6/27/2011 3:08 PM inning Commission http: / /petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip... Chair Johansen Commissioner Pierre Ms. Hines Commissioner Elias Chair Johansen • Commissioner Elias Commissioner Herries Chair Johansen Council Member Albertson Ms. Subhashini Council Member Albertson Ms. Subhashini Commissioner Hurley Ms. Subhashini Commissioner Hurley Ms. Subhashini Commissioner Pierre Ms. Subhashini Commissioner Pierre • Ms. Subhashini Commissioner Pierre Ms. Subhashini Commissioner Pierre Ms. Subhashini Commissioner Pierre Ms. Subhashini Commissioner Pierre Chair Johansen Commissioner Herries Ms. Subhashini Ms. Thomsen Chair Johansen 4�°q► .y0 C a,v of 11 6/27/2011 3:08 PM Ianning,Commission http: / /peta,luma. granicus. com /MinutesViewer.php ?viewid =5 &clip:.. Commissioner Henries' Ms. Subhashin Commissioner Herries Ms.Thomsen Chair Johansen Sue Conley, applicant Chair Johansen Commissioner Abercrombie Ms. Conley Commissioner Abercrombie Ms. Conley Commissioner Abercrombie Ms. Conley Commissioner Abercrombie Ms. Conley Commissioner Abercrombie Ms. Conley Commissioner Abercrombie Ms. Conley Council Member Albertson Ms. Conley Council Albertson Ms. Conley Council Member Albertson Commissioner Herries Ms. Hines Commissioner Herries Ms. Conley Commissioner Herries Chair Johansen Commissioner Elias Ms. Conley i of 11 ° 6/27/2011 3:08 PM inning Commission http://, p etaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip,.: Commissioner Elias Ms.Thomsen Commissioner Elias Chair Johansen Public Comment Openened Chair Johansen _ Meeting paused before Public Comment to allow for a five minute recess Meeting resumed and Public Comment Opened Chair Johansen Sean Wallening filled out a speaker card but has notified staff that he will not be able to speak as he will have to leave the meeting early. JT Wick, 506 Melvin St, spoke about the right :. to industry, urged commission to strengthrng right to commerce so business like the Cowgirl Creamery can expand and grow. Anthy O'Brien, 411 B St, Chair of "Petaluma Economic Development Committee, spoke in support food processing industries in Petaluma, supports Cowgirl Creamery and encourage like business in same area. Nan Hayes, Prospect Street, works :for Cowgirl Creamery and loves her employer and is proud to work for the company. Barbara Welms, employee of Cowgirl Creamery reading a letter on behalf of Nathan Nyesa small business owner of Bustop Good Coffee in Petaluma: supports small business like Cowgirl Creamery. Albert Straus, President ofStaus Family Creamery, supports Cowgirl Creamery and the industry in Petaluma. Vivian Straus, Sister of Albert Straus works for Cowgirl Creamery leading the tours of Cowgirl Creamery, clarified tour times and number of tours. Support Cowgirl Creamery. Peg Smith, Sue Conley's business, partner;, of Cowgirl, Creamery, member of Sonoma Marin Fair Board, want to be good neighbors and supports Cowgirl Creamery and Ag Community in Petaluma. Jaimey Walking Bear, 129 F Street supports Cowgirl Creamery, but would liketo'define what transit oriented neighborhood look like, would like conditions and consideration of noise issues for the residential neighbors. Patrick Burns, 117 F Street, neighbor of Cowgirl Creamery. Does not support Cowgirl Creamery, but would like to make mixed use work, but would like the CUP approval delayed until the noise issues have been resolved. Kathleen Larsen, 410 First Street, spoke of the increase of noise since Three Twin's Creamery moved in the neighborhood, requested a series of sound test be performed inside and outside the building, day and night before the increase business expansion is permitted. Anne Hiatt 1ives'across the' street from Cow Girl Creamery, clarified some points about the cooling tower emission decibel levels, cement landing has too many pieces of equipment on landing, noise, and traffic. Requested a continuace of the item. Gail Odum, resides and Celsius 44, spoke about traffic, noise, and parking problems caused. by Three Twins Creamery, vacancy rate on Eastside of Petaluma, long term solution for Creamerys, request continuance of this matter. Paul Werbaneth, 418 First Street, spoke of Cowgirl Creamery storage tank construction, use, and how it is 30 feet from River in earthquake country built without a building, permit. Requested a continuace of the item. John Martin, 405 Second,Street, spoke of loud refrigeration noise of creamery, sound test levels, supports Cowgirl , of 11 6/27/2011 3:08 PM anning Commission http: / /petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip... Creamery but requested a continuance of the item. Ned Owett, 620 Second Street, supports Cowgril Creamery , best neighborhood, it is what we need for the long term success of the region. Beth Meredith, resides at 609 Gallands street currently but lived at 110 G Street last year from June to November 2010. Did not have any noise issues, loved living in the neighborhood, Petaluma is a working town and supports businesses like Cowgirl Creamery. Donald Lipmanson, Petaluma, spoke of how T5 designation in the CPSP is appropriate, noise issues could be resolved in a best management practice, sign release for right to noise, limit tours, but supports Cowgirl Creamery. Elece Hempel, 1748 Rosamond Street, loves Petaluma, supports Cowgirl Creamery. John Fitzgerald, 114 Suncrest, spent 7 years working on CPSP, spoke of excellent staff report, read mixed use definition of Central Petaluma Specific Plan, supports mixed use. Walter Haaka, owns 625 Second Street, developed Foundry Wharf, proud of accomplishments of wharehouse district, supports Cowgirl Creamery. Chris McCarthy, live on East Side of Petaluma, family developer of North River Landing, encourage you to support the CPSP and supports Cowgirl. Creamery. Would like the CPSP to be updated. Jane Hamilton, 110 G.Street, live in neighborhood and has no noise complaints about Cowgirl Creamery, supports staff and the CPSP designation and Cowgirl Creamery. Would like the Planning Department to update the CPSP. David Keller, I Street, spoke of general noise in Petaluma, co -chair of CPSP, request that the Smart Code be updated, encouraged alternative dispute resolution, process to resolve issues. Supports Cowgirl Creamery and these types of companies to support our community and region. David Rabbitt, Council Member, supports local Agricultural business such as Cowgirl Creamery, mixed use involves a certain amount of compromise, it be successfull, it will bring revenue to the City. Public Comment Closed Chair Johansen Commissioner Pierre Commissioner Hurley Commissioner Herries Commissioner Elias Commissioner Abercrombie Council Member Albertson Chair Johansen Commissioner Abercrombie Ms. Subhashini Commissioner Abercrombie Ms. Hines Commissioner Abercrombie • Ms. Hines • of 11 6/27/2011 3:08 PM inning Commission http : / /petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip... Commissioner Abercrombie Chair Johansen Commissioner Abercrombie Geoff Bradley, Planning Manager Commissioner Abercrombie Chair Johansen Ms. Hines Chair Johansen Ms. Hines Chair Johansen Ms. Thomsen Commissioner Herries Ms. Hines Commissioner Herries Ms. Hines Ms. Thomsen Commissioner Elias Ms. Hines Commissioner Elias Ms. Thomsen Commissioner Elias Ms. Thomsen Commissioner Pierre Ms. Hines Commissioner Elias Commissioner Hurley Chair Johansen Ms. Hines Commissioner Elias Ms. Hines Chair Johansen Ms. Subhashini g of 11 6/27/2011 3:08 PM Tanning Commission http /'/ petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip.. Chair Johansen Ms. Thomsen Chair Johansen Commissioner Pierre Ms. Thomsen Commissioner Elias Chair Johansen Ms. Thomsen Commissioner Elias Ms. Thomsen Commissioner Pierre Commissioner Elias Commissioner Pierre Commissioner Elias Commissioner Pierre Chair Johansen shall work with its sublessee to encourage quality of the surround neighborhood is not Cowgirl Creamery Motion: Approve the condition ofa approval with, the following corrections g q ty surrounding neighborhood is not adversly impacted by operations of either businesses. Remove condition 12. Remove condition 15: Moved by Jennifer Pierre, seconded by Chris Albertson. Vote: Motion carried 7 -0. Yes: Melissa. Abercrombie; Dennis Elias; Mariane Hurley; Curtis G. Johansen; Jennifer. Pierre; Alicia Kae Herries; Chris Albertson 9. LIAISON REPORTS: Reports from standing Commission Liaisons. (10 : 51 PM) Commissioner Elias excuses himself Chair Johansen Commissioner Abercrombie Council Member Albertson. Commissioner Elias returns Commissioner Hurley Council Member Albertson Chair Johansen Commissioner Elias Ms. Thomsen 0 of 11 6/27/2011 3:08 PM inning Commission http: / /petaluma. granicus. com /MinutesViewer.php ?view_id =5 &clip... Ms. Hines Commissioner Abercrombie Chair Johansen 10. ADJOURN: Adjourn .to the next regularly scheduled Commission meeting. APPEAL STATEMENT: Within fourteen (14) days following the date of a decision of the Planning Commission, the decision may be appealed to the City Council by the applicant -or by any other interested party. If no appeal is made within that time, the decision shall be final. An appeal shall be addressed`to the Council in writing and shall be filed with the City Clerk. Said appeal shall be accompanied by the appeal fee as specified by Resolution 2008 - 152 - N.C.S. as adopted by the City Council. The appeal shall state specifically the grounds for the appeal and the relief sought by the appellant. (Zoning Ordinance §24.070) (10:57 PM) Motion: Adjourn Moved by Dennis Elias, seconded by Alicia Kae Herries. Vote: Motion carried 7 -0. Yes: Melissa. Abercrombie; Dennis Elias; Marian Hurley; Curtis G. Johansen; Jennifer Pierre; Alicia Kae Herries; Chris Albertson • i 1 of 11 6/27/2011 3:08 PM ATTACHMENT 7 NM Acoustics • Air „ 11111 . 505 Petaluma Boule South Petaluma, California 94952 Tel: 707 -766 -7700 Fax: 707 -766 -7790 www.11lingworthrodkin;com illro @illingworthrodkin.com February 22, 2011 Mr. Neil Gottlieb Three Twins Ice Cream 1st Street , Petaluma, CA 94952 Via Email: threetwins @gmailcom SUBJECT: Outdoor Mechanical Equipment Noise Measurements Dear Mr. Gottlieb: Illingworth & Rodkin, Inc. (I&R) has been retained by Three Twins Organic Ice Cream to conduct follow -up measurements of the noise emissions from the outdoor mechanical equipment at the exterior areas at the Celsius 44 residential development opposite 1 Street for your. facility. These measurements were conducted following the construction of the solid noise barrier wall and upper level extension at the cooling tower as recommended in our April 7, 2010 report and the subsequent application of additional w. eatherproof sound absorbing material to the building facades surrounding the cooling tower. During this°measurement'survey weather conditions were clear and calm and all outdoor equipment was operating. The results of these measurements indicate that the, constant (L sound level produced at the edge of 1st Street at the Celsius 44 development frontage was 57 dBA, and that the constant (L sound level produced at the rd measurements 3 level deck at,the northeast comer of the Celsius 4 4 development (closest to the equipment). was 9 � el deck at the northeast corner of the Celsius conducted at these two P locations and at 2 ius 44 development under full operational conditions, indicates that sound levels at 2 level deck with all equipment operating are typically 1 dBA below those at the 3 level deck. Thus, sound levels at the 2nd level deck would be 58 dBA under current conditions with all equipment operating. All of the above sound levels comply with Section 21.040.A.4.c. of the City of Petaluma Noise Ordinance, that limit constant noise. from an offending noise source to, 60 dBA, when measured "at on the property w being experienced”. Based on the above we P outdoor disturbance is mechanical i P tY , where the noise l 1 e ui ment at the T equipment sur find the�nois� emissions from the outd Three Twins Or ganic Ice Cream facility meet the Ci • of Petaluma Noise Ordinance limits at the Celsius 44 residential development. Please feel free to call with questions or comments. Since ely, , A.... Fred M. Svinth, INCE, Assoc., AIA Senior Consultant, Principal lllingworth & Rodkin, Inc. ' We understandahat-therexe five (5) main outdoor equipment systems, these are; 1) the cooling tower, 2)the continuous freezer, 3)the glycol chiller, 4)the storage freezer, and 5)the blast freezer. 7 ATTACHMENT 8 CITY ® ., PETALUMA '� , POST I F'FICE.�BOX'' R , ` PETALUMA, CA 94953- 0061. .18 5 Pamela Torliatt April 20, 2010 Mayor Teresa Barlett David Harris d Glass Mike Mr. Neal Gottlieb Mike Mike Healy Three Twins Ice Cream David Rabbitt Tiffany Renbe 419 First Street - Councilmembers Petaluma, CA 94952 RE: Building Permit application #20100260 for Acoustic Enclosure at 419 1st Street Dear Neal, The Planning Division has completed their review of your building permit application for an acoustic enclosure around existing mechanical equipment located on the side loading dock at 419 First Street for Three Twins Ice Cream. The mechanical equipment was installed in compliance with approved building permit #20080827 which was finaled on March 1, 2010. The acoustic enclosure has been designed to mitigate noise impacts from said equipment and was submitted with recommended noise control measures for Three Twins prepared by, lllingworth & Rodkin, Inc. Community Development Department 11 English; Street The Planning Division's conditional clearance of the buildingpermit is based on t Petaluma, CA 94952 E -Mail following findings: cdd@ci.petaluma_ca.us 1. Plans submitted for Three Twins u E i ment Yard, prepared b ' Group 4 q�P P P y Architects and stamped received by the Building Division for building permit Hooding Phone (707) 778 -4301 application #20100260 appear to satisfy the recommendations included in the Fax (707) 778-4498 ectio noise control measures prepared by lllingworth & for the Three Twins To Schedule Inspections: Phone (707) 778 -4479 equipment, updated April 7, 2010. • Planning 2. The acoustic enclosure has been designed to mitigate noise impacts to Phone (707) 778 -4301 Fax (707) 778 -4498 surrounding residential land uses and to achieve compliance with performance standards as outlined in Chapter 21 of the Implementing Zoning Ordinance. 3. The proposed enclosure is consistent with the recommended design approach for the River Warehouse area as outlined in the Architectural Guidelines as part of the Central Petaluma Specific Plan in that it matches the roof pitch and materials of the existing warehouse on the site, maintains a sinplerectangular building form that is accessory to the primary warehouse building, and supports the F " adaptive reuse of the original warehouse building. cimmy usa EOUALNOUSOIO OPPORTUNR r i pa • 9 I .ill. IF . 4. The design f the enclosure: has been evaluated for conformance with the Secretary the gn Rehabilitation to ensure that the enclosure will not have a negative impact on the significance r o ritegn ity of the existing stonc'warehouse building at 419 First Street. g hi The evaluation prepared by Montoya and Associates and dated April 8, 2010 found the enclosure to be in general conformance with the Secretary of,Interior's Standards in that there is the least , possible loss of historic materials, the character defining features, of the existing warehouse are not obscured, damaged, or destroyed, ,the enclosure has been limited in size and scale, and is removable without darimaging`the historic building. The approval of the associated buildingpermit is subject to the following conditions: 1. The "2 -inch quilted fiberglass blanket" on the inside of the walls ofthe enclosure shall have a minimum Noise Reduction Coefficient of 0.80 per the recommendations contained in the Illingworth & Rodkin document:; • 2. Building Permit #20080827 does not include a new gate across the driveway access. 3. The louvers proposed are not consistent with the plan recommendations for noise mitigation as outlined in the Illingworth and Rodkin document. Plans for Building Permit #20080827 shall be redlined to exclude louvers on the driveway elevationof the enclosure. Should the applicant want to add louvers at a future date an amendment to the building permit shall be submitted with sufficient verification from a qualified noise consultant that the louver openings would not increase noise levels. 4. Prior to the issuance of a final inspection, the applicant shall consult with ]llingworth & Rodkin to obtain noise readings under full operational conditions. The readings shall be taken from at least three oints, including adjacent to the loading `dock and from two different outdoor living p areas of the residential units in the Celsius 44 project. The readings must demonstrate that the noise has been mitigated to a level in compliance with Performance Standards, outlined in Chapter 21 ofthe Implementing Zoning Ordinance, including compliance with maximum exterior noise exposure levels at both: periods as outlined in Table 21.1. 5. The proposed doors shall include ;sufficient seals to ensure that they do not create a break or leak in the acoustic enclosure that have impacts to the overall success of the mitigation. 6. Construction hours are limited to Monday through Friday from 7:00 to 5:30 p.m. 7. Construction and completion of the acoustic enclosure shall commence as quickly as possible to g Generally, p start o construction variables outside truction the week and complete to onstruction the weak of May target A number rriiti ate�existm g p of April l 9, 2016 p y of the control ofthe applicant may impact this general timeline, such as fabrication of the steel posts, weather, an&unexpected delays. I Any changes to the plans receivedby the 13uilding Division on April 5, 2010 would require additional planning review prior to approval. If you have any questions regarding this letter please feel free to contact me at 707-778-4316 or hhines(&,mplanninggroup.com Sincer: , He' Hines S r Planner Cc: Building Permit file (#20100260) k 'MONTO YA. AND ASSOCIATES April 8, 2010 Mr. Geoff Bradley Planning. Manager City of Petaluma Re: Sound Barrier Addition Three Twins Ice Cream 419 First Street Petaluma, California Mr. Bradley, your request, evaluated the above referenced project for conformance with the Per our re nest, I've evaluat Secretary of Interior Standard- s.forRehabilitation. In evaluating this project I've reviewed drawings prepared by Group 41, Inc. dated March 30, 2010, the Historic Building Evaluations of 419 and 425. First Street prepared by, Katherine J. Rinehart dated July 3.5, 2005, and a noise control evaluation prepared by'llli & Rodkin, Inc. dated March 19, 2010. The Secretary of Interior Standards ',for Rehabilitation require, among other things, a' new addition to a historic building be constructed so that there is the least possible loss of historic materials and so that ch - defining.: features are not obscured, damaged, or destroyed. Limiting a new addition's•size andscale in relationship to the historic building and the ability to remove the addition in the future without damaging the historic building are also important criteria. As presented, the p ro os p p ed ,design and construction details Meet these requirements as presented. After reviewing the documents ments associated with this project and observing. the site conditions, I find this project in general conformance with the Secretary of, Interior Standards for Rehabilitation. Please let me know if' you . have any questions. Respectfully Submitted, Shawn Montoya Historic Architect A Professional Services Firm 140 Second Street, Suite 311 a Petaluma, Callfornia 94954 d telephone 7 07 763 "8006 ® fax 707 763 2892 ' I ATTACHMENT 9 ' I If Y OF f TALUMA y 1 POST OFFICE Box 61 �;• I �i PETALUMA, CA 94953-0061 Z85$ Pamela Toriiatt August 1, 2007 Mayor Teresa Barrett Jon' Fernandez Samantha Freitas P.O. Box NFike Harris Karen Kau PointReyes Station, CA 94956 Mike O'Brien David Babbitt R E: Application for a Conditional' Use Permit to Councilmembers App ' allow a cheese production and storage facility at 419 First Street, APN 008- 121 -014 (File #07- CUP- 0144)'" Dear Mr. Fernandez: Your'application for conditional use permit to allow a 6,000 square foot cheese production and storage facility at 419 First Street, APN 008-121-014, in the Central Petaluma Specific Plan has been approved. This approval is based on the Community Development following findings and subject to the following conditions of approval. Department 11 English Street Petaluma, CA 94952 E FINDINGS cdd a@cipetalumaca.us Building 1. The project, as conditioned, is exempt from the provisions of the Phone (707) 778 -4301 California Environmental Quality Act (CEQA) pursuant to CEQA Fax (707) 778 -4498. Guidelines Section 15303, Class 3c, New Construction or Conversion of To Schedule Inspections: Phone (707) 778-4479 Small Structures which allows uses of up to 10,000 square feet when the use does not involve a significant mount of hazardous substances; crs where all, necessary public services and facilities are available; and the Phone (707) 778 -4301 surrounding area is not environmentally sensitive. Fax (707) 778 -4498 Phone (7 Housing son ® ro list project of has chemicals provided that would wo e' `be utilized as part of the p p applicant. Based on this Fax (707) 778-4.586 information, the proposed project would not utilize a significant E- a�ratt bgaebler @ctpetalumaca.us' amount of hazardous substances. Neighborhood a Necessary public services and facilities are available for the Cotl t 78 -446 ro . building is served by City (T07) 778 -4469 project. The existing g g y ty water and sewer. Fax (707) 778 -4498 • The site is served by an existing street network. E -Mail codeenforcement@ cipetahmra.ca.us ® The surrounding area has not been designated and mapped as an environmentally sensitive area by a federal, state or local agency. Planning` Phone (707) 778 -4301 Fax (707) 778-4498 EOWLNOUSING OPPORTUNITY S a s ..I ® I - rik it yrtA . 6 0 • ' 2. The proposed project will conform to the intent, goals and p olicies of the Petaluma includes residential, oPer ad and office designation and is located • in an area that includes r s industrial, commerci' General Plan. The subject roe has a Mixed Use 1 uses. 3. The proposed project will conform to the intent, goals, and policies of the Central • Petaluma Specific Plan. The proposed use is a small scale cheese production facility that will reuse an existing warehouse building which is consistent with the following: Provide for a mix of compatible light industrials office, retail, and residential • uses that maintain the unique character of the area (Land Use, Riverfront Warehouse, Objective 4). Allow office, research. and development, and light industrial uses that are consistent and compatiblewith the existing use, scale and character of the area (Land Use, Rrverfront Warehouse, Policy 4.1). 4. The proposed project, as conditioned, will conform to applicable requirements of the . Central Petaluma Specific Plan SMART Code. The subject property is zoned T -5 (Urban Center) and Flood Plain Combining District. Food and beverage product manufacturing facilities of more than ,5,000 square feet are a conditional use in the `T -5 zoning district. The project proposes only minor site modifications, including compliance with ADA - parking area requirements, restriping, surfacing, and signing of the parking area, and a bulk milk storage tank which are consistent with the T -5 development standards. The proposed project, as conditioned, is consistent with the requirements of the Flood Plain Combining (FP -C) District. Based on the information provided, the finish floor of the building is 1.1 feet above the base flood elevation noted on the Flood Insurance Rate - • Map (FIRM). 5. The proposed project, as . • P p "conditioned, provides adequate parking to serve the proposed g tenant use (Cowgirl Creamery). and the existing (Sonoma Cattle Exchange). As part of the i � the Exchan application materials, a parking demand � o om study , prepared b y w • Trans. The study concluded that 13, spaces would, be required in order to meet the parking demand for the g Proposed a fully occupied building of 13,020 square feet. ro ect v project provides a total of 19 P The r id s parking spaces (18 onsite parking spaces and one (1) parallel on street parking space located along the project frontage) which exceeds the anticipated parking demand. 6. A notice of the proposed project was published in the Ai Courier and sent to property owners and occupants within 500 feet of the subject property. Comments received in impacts truck response to :the public notice were related to existin arkn concems and deliveries in the area and not directly related to an.. y p acts assoc ated with the proposed project. 7. Based on the following, the proposed project, as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community: - 40 • ) A. PARKING: The proposed .project provides ,adequate onsite parking to meet the parking needs for employees and visitors of the proposed use and the existing tenant. The existing parking concerns raised in response to the public notice are • existing neighborliood conditions and not °related to the proposed use. B. TRAFFIC; Since the proposed use is less intensive than retail, office and service uses permitted on the subject property by the 'T -5 zoning regulations, fewer vehicle trips 'will "be created by this use thamother potential uses of the site. C. DELIVERIES:. All deliveries (drop off and pick up) are required to occur onsite preventing obstruction' of traffic and driveways 031 s Street and in the immediate neighborhood. , One delivery per day would be made from, the proposed production facility to the warehouse and ,distribution. facility located at Foundry Wharf This trip would replace the live delivery Creamery's production facility in Point . rY from Cowgirl l � - Reyes Station to the warehouse and storage facility at Foundry Wharf Therefore, the .only ,new deliveries associated with the use would be the one (1) delivery of • milk per da y and occasional °FedEx and UPS deliveries. : D. ODORS: All manufacturing activities would occur within the building; therefore, no odors are anticipated to occur outside of the building. • E. PERFORMANCE ,_ STANDARDS: The Zoning Ordinance Performance Standards include regulations related to noise, odors, light and glare and the project is • required to comply with these requirements. F. UNIFORM BUILDING CODE; All work is required to be performed in compliance with the Uniform Building Code. CONDITIONS OF APPROVAL FROM THE PLANNING DIVISION (Knot GORDON JORDAN) (707) 778 -4556 1. Plans submitted for building permit shall be in substantial conformance with the plans submitted to the Planning Division and date stamped, June 4, 2007, except as modified by the following conditions of approval. • 2. The .operation of the Cowgirl Creamery cheese manufacturing facility shall be as indicated l .' m the letter submitted to the Planning Division, and date stamped June 4, 2007, et except asi modifi by the following conditions of approval. • 3. Plans submitted for building permit shall include the following and are subject to staff review and approval: 3 4 • • A. Compliance with the requirements of the, City's Flood Plain Combining District. B. Location of the signage for the parking spaces designated. for Cowgirl Creamery. Based on a maximum of eight (8) employees, eight (8) parking stalls shall be designated for parking for employees/clients of Cowgirl Creamery. The remaining onsite spaces, shall remain undesignated. C. Delineation of all onsite parking spaces. D. Consistent plans and square footages on all plan sheets (site plan, floor plan, etc.) • 4. The area noted on the laps as U p nimproved. Building Owner Storage shall be used by the building owner only and shall not be used by Cowgirl Creamery. 5. Hours of operation are limited to Monday thru Saturday from 6:30 a.m. to 5 :00 p.m. for production. and Monday' through Saturday from 11:30 a.m. to 8:00 p.m. for cleanup. No business operations arepermitted on Sunday. 6. The maximum number of ;employees on any shift is limited to eight (8). 7. All deliveries shall, occur onsite. No deliveries (loading or unloading) shall occur in the public right -of -way. 8. Deliveries of cheese: and silk are limited to the following: A. One delivery of milk per day B. One pickup of finished product per day ° P P C. Monday thru Saturday after 6 a.m. and before 4 pm. • 9. Production is limited to 6,000 pounds of cheese per week. 10. All business activities Ishii occur inside of the building with the exception of the bulk • milk storage tank to be located ,. on the truck loading dock located on the northwest side of the building as shown• on. ; the approved plans. 11. Business operations may not °commence until the tenant improvement building permit has been finaled. • 12. The project shall comply with all applicable Zoning Ordinance Performance Standards. 13. Any modifications to the approved plans require Planning staff review and approval. 14. Modifications to this conditional use en conditional permit amendment from the Community Department. approval of a . permit require application for and nal� use, ent. 15. Planning inspection is required prior to building permit final. 4 • 16.On f building' permit, for building ermit these conditions of appro , p val shall be. included as notes on the first sheet:of the plans. 17. The applicant shall defend, indemnify, and hold .harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, when 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-The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City 'from. participating in a defense of any claim, action, or proceeding and if the City chooses to do so appellant shall reimburse City 'for attorneys fees by the City. FROM WATER RESOURCES & CONSERVATION (IMAD BAIYASI) (707) 778 -4303 18. Plans submitted for building permit shall include the following and are subject to staff review and approval: A. Existing and proposed utility plans: B. Waterdemand and fire suppression analysis C. Design plan for the sewage pre- treatment system /sewerage grease interceptor based on flow requirements. FROM THE FIRE MARSHAL' S OFFICE (707)378-4389 19. If you use or store chemicals exceeding state threshold planning quantities (55 gallons of a liquid, 200 cubic feet of gas, or 500 lbs of a solid), your facility will need to prepare and submit a Hazardous Materials Business Plan pursuant to Health and Safety 6.95 and the California Fire Code: A 'completed plan must be' submitted prior bringing hazardous materials on site. Forms and guidance are available from the Fire Marshals office. In addition, all hazardous ;materials storage locations will be required to have secondary containment and NFPA 704 placards (firefighter diamond) denoting expected hazards. ( ) days g o p � .following the date of a decision of the Community . Development Director, a decision ' may be appealed to the Planning, Commission by the applicant or by any other interested party. If no appeal is made within that tithe, the decision shall be final. An appeal shall be addressed to the Planning Commission in writing and shall be City appeal appeal shall be specifically accompanied by ap appeal and the filed with the Ci Clerk ;. T he a eal shall state ecificall the grounds for the pp app p y appeal fee as specified by relief sought by the =a ." ellant,. Said Resolution 2004 -028 N.C.S. ask'adopted by the City. Council. If this use;permit has not been used within one (1) year of the date of this approval letter, the use permit shall be revoked. A one time extension of a conditional use permit for one (1) year may • i 5 be granted if thirty (30) days prior to the one (1) year expiration date, an application requesting permit additional renewal of the period of not more than one (1) year is submitted to the Planning Division and approved by the Community, Development Director. If after the one (1) year period ' ' p ear extension eriod has a conditional use has not been used, then the e conditional use permit shall be revoked and shall be null and void. • If you have an y q don questions regarding this letter, please feel free to contact me at (707) 778 -4556 any of kgor @ petaluma:ca.us. Sincerely, • LL i Kim Gordon Jordan Associate Planner c: File #07- CUP -0144 419 l Street FropertY File • Sue Conley, cowgiil Creamery,105 H Street, Petaluma, CA 94952 • Foundry Wharf Properties, 625 Second Street, Suite 201, Petaluma, CA 94952 Claire Arlene Pass, 915 Eastman Lane, Petaluma, CA 94954 S :\P]anning\Letters \CUP Approval \419 Ilst''Street- Cowgirl Creamery.doc • • • • 6 AY ACHMEY ®'tl ® f t n`cotn r Ctin rm kw r. The CUP Ainendm ent, unanimously approved by our city's Planning Commission, isvety specific in what will be allowed: _ I • Restricted allowances for future work to install pre- treattnent equipment for wastewater discharge to the city's sewer system, subject to City ,approval. • Permitting a Whey Storage Allowing workers to arrive Tank with associated piping located outside the building. ' • o« *' r e onsite for work in the morning at the same' time we receive deliveries. • Allows our delivery schedule to be more flexible withoutchanging the number of deliveries per week. a Allows scheduled tours of the creamery. • Corrections have been made to a clerical error in the,Square Foot Calculations page of the Planning Department file. There has been no change to the :actual square footage of the building since the plans were approved on 9/11/2607. Ms. Odom's :Claim # 1 ' "The'Coxgil Creamery has a business ieIationsh/poith'the Three Tuvins The Tree Twnrs operation should be rn the Cowgirl Creaniely CUP as 4. sabletrtheir warehouse space and ontside ?Ce Truth: Cow Crearneiylis inde n dr e n t c o directly from , gy:1 -i is epen company and does not shoe production space, production equipment or staff with Three Twins Ice Cream. We lease utilities infrastructure including steam and cooling capacities to Three Twins, making both companies more efficient. The businesses sharesome infrastructure, owners of the frastructure, much as inditndua l o condos at Celsius 44 share sore ie infrastruture (ie. electrical, water and sewage systems). This I. building has historically contained two or more separate tenants, and the leases always been written to distinct legal entities. 111s.Odom's :Claim. # 2 "Cowgirl Creamy spent 00,000 of their cap' the outside egaipment noise capital attenuation enclostsfe Guilt li the Three Thine , p $20,000 J soundproofing insulation to help , Truth: Cowgirl spent on gate built with to dampen noise from our; refrigerator condensers. Three Twins spent $60,000 on a noise attenuation enclosure ,. around their freezer condenser units. After our combined investment of $80, 000, the noise levels werereduced significantly so that they are below city noise ordinance requirements. The , noise complaints have.been,lodged against Three Twins Ice Crearn,not Cowgirl Creamery by residents of Celsius 44. that Ms. Odum is . attempting to connect the two companies, in an effort to force the city to liinit operations at Three Twins through Cowgirl Creamery's request for CUP modifications. bfs.Odom's Claim # 3: `Both cieal iety operations Lane plans to greatly increase production at 419 1" Skeet" Truth: Cowgirl Creamery has no plans to increase our production or, our hours of operation as claimed in the appeal. We would very much like to improve our waste treatment system and install a window for our cheesemaker office in the future. These projects are on hold because of this appeal. The Planning and Building.Departtnents have inspected both pp production areas, have not been facilities as a result of this appeal and have concluded' that reduction a expanded.and thatttliere was a clerical error on the square footage numbers on the original Tans that plans was pepetuatect for three years by the PlanningDepartment. - _® • Ms.Odotii's Clain #, 4 "Outside anmiitfactming equipment should be included in the 7 /nee 'lnldas am calculations as it it all essential of, their operation" Truth. There is no manufacturing equipment on the outside of the building. As is standard in commercial buildings, cooling and heating mechanical equipment is located outside of the main structure of the building.' Mr.Odoni's Claim' # 5 "Creameries are not allowed in. the T5 zone." - Truth: Tf s. -Odom would;like'Cowgirl Creamery to be defined as a `creamery' -in- the _ - - -.. - -- -- planning code because the word creamery' is in our business name: and because pasteurization takes place in our facility. The Planning Dept has defined us as Food and Beverage Manufacturing because we are a small -scale cheese'ptoducet and not an industrial daily processor. Mrs.Odom's Clain # 6 "Cowgirl Creamy liid the fart of the waste that could go into the server ystem" Truth: Waste macnagenientis integral to any food production facilitysand we worked closely with a Petaluma envi-totunental'consultant, Ned Otrett,Lftom the beginning, to make sure that we would be in compliance with water quality and waste requirements and that we would be operating in an environmentally responsible way. Until we are approved for installing a pre- treatment system on site, hauling our dairy waste is the most'efficient and ecological way to deal With this issue: . Ms.Odom's Claim # 7'° "There is a nioiseaingpmkiig condition in the neighborhood." Truth: The Planning Commission reaffirmed no packing restrictions for this neighborhood. Street parking is for everyone and is not.reserved for wotkets or residents. We have seen no shortage of parking spaces on First Street dut:ing work hours. When createry tours are scheduled, visitors are directed to park in the lot between 419 and 425 First Street so that they do not need to rely on street parking. Ms.Odorn's Claim # 8 `The original CUP allowed : fir 8 "emptoyes. rind Three Trn ns and Cowgirl C1vaniei have between them 36 enploy'ees " T'ru } The original CUP''allows for 8 employees p shift. Cows r Creamery proudly ' �?, � per '� employs ys 36 in Petaluma. ° A total of 12 people le work in two shifts at the creamery at 419 First Street ,and the remaining 24 work at our warehouse and offices at 105 H Street in Foundry Wharf. 11Is.Odotn's, Claim # 9 This CUP amendiiient allows'tbefiuture pre heatim'nt system for wastewater without "Ci0 apprbual Truth! Futute pretreatment system would go through all Petaluma BuildingDepartment and Planning Department reviews. We are asking that we not be required to amend our CUP for this planned improvement. Ms.'Odoms Claim #10 Congiri Ctnaniety inutalied the why tank withont a `b#iilding pe'wnit We made a mistake in reading theCaIifornia Building Code,(Section 105.2) which allows installation of a water tank, up to - 5,000; gallon capacity, without, a permit. We applied for a Our a p approval with the California Department of'Pood and Agriculture and the tank was approved. pplicationlequests ;approval of the whey tank with the Petaluma Building Department and has been delayed by this appeal process. Conclusions: The,scope of this CUP A.tnendtnent is limited. The purpose for thisamendment is to enable us to handle our wastewater more efficiently. This will eliminate truck trips' on the street. g have drawn project as long as they could with little burden T g i �.$18,869.66 just pp yor tnendment;to � f an The neighbors Ih s co Co trl on themselves. It ha .Creamer ; ust to a 1 , f our Conditional Use Permit This appeal has cost Ms. Odom a total of $300. We have written a check for an additional $5,000 to our city planning consultants as a deposit on their work to process this appeal. It seems that a few of the new residents in our historic warehouse district have moved into a mixed use neighborhood firom more suburban residential neighborhoods and have been surprised at the bustle of business activity. Isn't the developer of the condominiums at Celsius 44 required to disclose that the neighborhood is zoned as "mixed use" and includes light industry (ie the recycle center that crushes glass bottles, the marble cutters next door to us, in a two ei sign bomood ofcafe's, esidences a small hotel and locally bas d producers e a fe beers few)? g goods are T p ,, in � of oods g' g' o Cowgirl residences, , eli hted to be a art of it. and services. Co��girl Creamery s delighted p Ms. Odom is 'filing this on behalf of a group of residents at her condominium, complex. There are no other signatures on this appeal. Who exactly is Ms. Odom representing? • • " xI r4: j - APi. 71 2-- C 9>e- 4PN' ( 1 r G /e0 o .,6„;/-c 4.#6 •Cifec /71<'2c 1-0 .-/-et,A.,,,•-„„d/ ,-4. °(-e/a (`"(2 , S-r) '‘e( " -I' 6 L - 1/ - zIj i t" / /Ce.4-(-1 j p '</./6C l , , i tc: / 9 1 fl 70