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HomeMy WebLinkAboutPlanning Commission Resolution 2021-15 07/21/2021 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 RESOLUTION 2021 -15 CITY OF PETALUMA PLANNING COMMISSION RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR THE TRINITY PRESBYTERIAN CHURCH PROJECT LOCATED AT 1445 TECHNOLOGY LN, UNIT A-1 APN: 005-360-001 FILE NO. PLUP-21-0002 WHEREAS, Reid Hankins submitted an application for a Conditional Use Permit (CUP) to operate a Religious Facility use within the Lakeville Business Park Planned Community District (PCD), located within a 3,255 square foot commercial condominium at 1445 Technology Lane, Unit A-1 (APN 005-360-001) (the "Project"); and WHEREAS,the Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit for the Project on July 27, 2021, at which time all interested parties had the opportunity to be heard; and WHEREAS, public notice of the Planning Commission hearing was published in the Petaluma Argus- Courier and mailed to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with the City Council Resolution No. 2018-107; and WHEREAS, at said hearing, the Planning Commission considered the staff report, dated July 27, 2021, and all public testimony provided prior to and at the public hearing; and WHEREAS, on July 27, 2021, the Planning Commission considered a staff report analyzing the application,including the California Environmental Quality Act ("CEQA") determination included therein. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on its review of the entire record herein, the Planning Commission makes the following findings: California Environmental Quality Act a. Consistent with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration for the Lakeville Business Park PCD was previously prepared and approved by the City Council in May 1981 and included analysis of the subject site. The MIND concluded that implementation of the PCD, including establishment of permitted and conditionally permitted uses would result in less than significant environmental impacts, with incorporation of mitigation measures. In addition, the project was found to be categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities), which involves repair, maintenance and minor alterations of existing private structures involving negligible or no expansion of existing or former use. The proposed use will occupy an existing unit within a commercial condominium building and involves a use that will result in negligible expansion as compared to the previous use occupying the unit and as such qualifies for the use of a categorical exemption under CEQA. Planning Commission Resolution No.2021-15 Page 1 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 General Plan b. The Project is, for the reasons discussed in the July 27, 2021 Planning Commission staff report, consistent with the following General Plan policies: Policy 1-P-2 Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. Policy 6-P-25(D) Within the Development Code, encourage the use of public facilities, schools, churches, and spaces within other facilities for childcare facilities. Policy 7-P-4 Assist other local and regional public and nonprofit agencies and service providers in locating facilities and resources needed to maintain, improve, and expand community services and programs that address specific needs in the Petaluma community. Lakeville Business Park PCD c. The project is consistent with the regulations of the Lakeville Business Park Planned Community District as follows: I. The Lakeville Business Park PCD conditionally permits assembly/institutional uses including child day cares and schools.Consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA), land use regulations are required to be imposed in a manner that treats religious assembly or institution uses equal to nonreligious assembly or institution uses. The proposed church is similar to child day cares and schools, which are listed as institutional land uses in Table 4.1 of the PCD Regulations. In addition, Religious Facilities fall under the definition of Community Meeting Facilities in the IZO, which are classified as recreation, education, and public assembly land uses. As such, the use is conditionally permitted in the PCD. II. For the reasons stated in the July 27, 2021 staff report, existing parking onsite is sufficient to meet the minimum requirements of the PCD. III. As conditioned, any future signage proposed by the project is required to obtain a sign permit that complies with the requirements of the Lakeville Business Park Sign Program. Implementing Zoning Ordinance d. The project is consistent with Implementing Zoning Ordinance (IZO) §24.030 - Conditional Use Permit, in that all required findings found in §24.030(G) can be made as follows: i. The siting of the building or use, and in particular: (a) The project does not propose expansion of the existing building nor are there any proposed changes to the existing layout of the site including to parking, landscaping, or lighting. All activities will occur within the building and there is adequate parking onsite to serve the proposed, existing, and potential future uses onsite.As such, the site is adequate to serve the proposed use and associated activities consistent with this finding. (b) No outdoor activities are proposed by the project and as such this finding is not applicable to the project. (c) The project does not propose any changes to the existing building or site layout and as such will not result in impacts related to outlook, light, or air to adjoining uses. Though the project proposes amplified music during religious services, all activities will occur within the building and in general, services will operate outside of normal business hours of adjoining uses. Therefore, the project will not result in impacts to adjoining uses related to noise. Planning Commission Resolution No.2021-15 Page 2 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 (d) As a church use, the project does not propose the sale of goods and services that would be displayed as part of the project. Additionally, there is no proposed signage at this time. As conditioned, any future signage proposed by the project will require review and approval of a sign permit that complies with the standards set forth in the Lakeville Business Park Sign Program. As such, the project is consistent with this finding. (e) The intensity of activity associated with operation of a church is anticipated to be compatible with surrounding uses. In general,Sunday services will result in the highest level of activities onsite associated with the project including members arriving to the site, attending a service, and leaving the site. Weekday services are anticipated to be a reduced attendance and will occur a maximum of twice per week after normal business hours of surrounding uses. As such, the intensity of activity is consistent with surrounding uses and as such is consistent with this finding. ii. Traffic circulation and parking, and in particular: (a) As presented in the vehicle miles traveled (VMT) analysis prepared by the applicant and included as Attachment D, the proposed use will generate an average of 23 trips during the weekday and an average of 90 trips on Sunday, which will be distributed throughout the day consistent with the proposed hours of operation from 8 am to 10 pm.Accordingly, most of the transportation will occur outside of normal business hours. Other uses established onsite generally operate Monday through Friday, and as such Technology Lane will provide adequate access to the site and a substantial increase in traffic associated with the proposed use is not expected. Furthermore, as noted in the City Council Resolution adopting a Mitigated Negative Declaration (MND) for the Lakeville Business Park PCD, projected traffic from uses permitted and conditionally permitted by the PCD were not expected to generate traffic that would impact neighboring streets beyond their planned capacity. (b) The proposed use is located within an established business park and provides adequate ingress and egress to the site via two driveways along Technology Lane. The site currently serves existing uses and provides adequate, convenient, and safe vehicular access. (c) As proposed, the proposed church use does not involve activities that would require truck deliveries to the site and as such, this finding is not applicable. iii. The compatibility of the proposed building or use with its environment, and in particular: (a) The proposed use will serve the existing Trinity Presbyterian Church congregation which includes approximately 70 members. At present, attendance at Sunday services is estimated to be approximately 50 members, with a stated goal of reaching the maximum occupancy of 112 members. In addition,weekday attendance is estimated at 25 percent of the average Sunday services (13-28 people). Administrative offices used in conjunction with the church currently includes one employee with a projection of three additional future employees. The number of users and activity levels associated with the proposed church are expected to be compatible with surrounding uses. In addition, the surrounding neighborhood including adjacent pedestrian and bicycle facilities which connect the site to nearby recreational facilities as well as other public services in the area are sufficient to serve the use with regard to its resulting activity levels consistent with this finding. (b) The proposed use includes religious services on Sundays from 8 am to 10 pm, weekdays from 6 pm to 10 pm (maximum of 2 services per week), and administrative offices which will operate Monday through Friday from 9 am to 5 pm. Other uses occupying the site include offices and manufacturing/warehouse uses which generally operate Monday through Friday during normal business hours. As such, the proposed hours of operation are compatible with surrounding uses consistent with this finding. Planning Commission Resolution No.2021-15 Page 3 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 (c) The use as proposed and conditioned will comply with the City's standards related to the control of off-site effects related to noise, dust, odors, light, and glare. Though amplified music is proposed in conjunction with religious services, all activities will take place indoors and it is anticipated that business operations of surrounding uses will not overlap with scheduled religious services. The site is fully developed with existing buildings, circulation improvements, landscaping, and lighting, all of which are designed consistent with the City's regulations for control of off-site effects related to noise, dust, odors, light, and glare. As such the project will not result in impacts related to dust, light, or glare and the project is consistent with this finding. (d) As a church use, the project will not involve the exposure of the public to special hazards and therefore this finding is not applicable to the project. (e) The project proposes to utilize the ground floor for religious services and the second floor for administrative offices. The maximum occupancy and anticipated attendance is compatible with surrounding uses and therefore the proportion of space utilized for religious activities and ancillary office is consistent with this finding. iv. The expected duration of the proposed building, whether temporary or permanent, and the setting of time limits when appropriate. (a) The expected durations of the conditional uses are permanent, and the setting of time limits is not appropriate for this project. V. The degree to which the location of the particular use in the particular location can be considered a matter of public convenience and necessity. (a) The proposed use can be considered a matter of public convenience and necessity in particular for the existing and potential future members of the congregation as the nearest existing Trinity Presbyterian Church is located in Novato, approximately 12 miles south of Petaluma. Establishment of the use at this particular location will provide a local facility which will serve members of the congregation residing in Petaluma and surrounding communities and as such the project is consistent with this finding. C. Based on its review of the entire record herein, including the July 27, 2021, Planning Commission staff report, all supporting, referenced, and incorporated documents, and all comments received, the Planning Commission hereby approves a Conditional Use Permit for Trinity Presbyterian Church to operate within the existing building located at 1445 Technology Lane, Unit A-1, subject to the conditions of approval attached hereto as Exhibit 1. Planning Commission Resolution No.2021-15 Page 4 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 ADOPTED this 271h day of July 2021, by the following vote: Commission Member Aye No Absent Abstain Councilmember Fischer X Chair Potter X Vice Chair Bauer X Alonso X Hooper X Rider X Whisman X F cuSigned by: v�--- efflgbuFF4ViCe Chair ATTEST: APPROVED AS TO FORM: DocuSigned by: � � DIouSigned by: (�ivxs) (KILYtw yQssisfar4 -�cffgs;Commission Secretary yWF &dY, Assistant City Attorney Planning Commission Resolution No.2021-15 Page 5 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 Exhibit 1 CUP CONDITIONS OF APPROVAL TRINITY PRESBYTERIAN CHURCH 1445 TECHNOLOGY LN, UNIT A-1 APN 005-360-001 Project File No. PLUP-21-0002 Planning Division 1. This Conditional Use Permit authorizes a Religious Institution use including the following operational characteristics: a. Hours of operation shall be as stated in the staff report and as specified below: i. Weekday Assemblies: 6:00 p.m. - 10:00 p.m. ii. Sunday Assemblies: 8:00 a.m. - 10:00 p.m. iii. Special Assemblies (maximum 10 per year) (weekday): 6:00 p.m. - 10:00 p.m. (weekend): 9:00 a.m. - 10:00 p.m. b. Any amplified speaker system must be consistent with the performance standards for noise of IZO Chapter 21. 2. The day following approval, the applicant shall provide a check made payable to the Sonoma County Clerk, in the amount required and published by the Sonoma County Clerk to file the CEQA Notice of Exemption ("NOE") 3. The site shall be kept clear at all times of garbage, debris, and outdoor storage. 4. Except as may be modified by the conditions contained herein, construction activities shall comply with performance standards specified in IZO Chapter 21. 5. No signage is approved by this action. Any proposed signage shall require a separate sign permits in compliance with the Lakeville Business Park Sign Program and shall be obtained prior to the installation of signage. 6. Pursuant to Implementing Zoning Ordinance Section 24.030(K) this approval is effective for a twelve (12) month period unless the permit has been exercised or unless an extension of time has been approved in compliance Section 24.030(L). 7. Pursuant to Implementing Zoning Ordinance Section 24.030(0), this Conditional Use Permit shall run with the land and shall be valid for the successors in interest of the original grantee. 8. The applicant shall defend, indemnify, and hold harmless the City and any of its boards, commissions, agents, officials, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officials, 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 applicant of any such claim, action, or proceeding. The City shall coordinate and cooperate with applicants 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 applicant shall reimburse City for reasonable attorneys' fees incurred by the City. Planning Commission Resolution No.2021-15 Page 6 DocuSign Envelope ID:511952E3-598A-4164-9AB0-411199692AA5 Building Division 9. The project will be required to obtain building permit application and construction plan approvals complying with current California Building Standards Code in CCR Title 24 as adopted by the City of Petaluma. The Building Division reviews applications and plans in accordance with this code. The applicant will need to demonstrate compliance with the construction documents. 10. Any changes to the existing building, electrical, mechanical, and plumbing systems will require building permit for compliance with current California Building Standards Code in CCR Title 24. 11. A change in occupancy classification is proposed according to the California Existing Building Code, a permit is required to establish code compliance with that occupancy group requirements. Public Works 12. Any utility modifications and plumbing fixtures shall meet City Standards and Municipal Code requirements. Planning Commission Resolution No.2021-15 Page 7