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HomeMy WebLinkAboutPlanning Commission Resolution 2023-15 08/22/2023 DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A ATTACHMENT B RESOLUTION NO. 2023-15 RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR A PROPOSED MASTER SIGN PROGRAM FOR THE COMMERCIAL RETAIL CAMPUS LOCATED AT 5002 PETALUMA BOULEVARD NORTH; APN: 007-412-075; FILE NO. PLSR-2022-0039 WHEREAS,National Sign & Marketing Corporation, on behalf of Dynamic Real Estate Partners,LLC,submitted an application for Site Plan and Architectural Review proposing a Master Sign Program for the 5002 Petaluma Boulevard North Retail Campus project located on a 3.09- acre site at 5002 Petaluma Boulevard North(APN 007-412-075) (the "Project"); and WHEREAS, Dynamic Real Estate Partners, LLC, submitted an application for Site Plan and Architectural Review proposing development of a 5,100 SF restaurant and a 4,500 SF retail building, renovation of two existing retail buildings, and construction of associated site improvements located on a 3.09-acre site at 5002 Petaluma Boulevard North(APN 007-412-075); and WHEREAS, a Master Sign Program is a comprehensive sign program for approval of all signs in a multi-tenant shopping center, retail center, commercial or industrial complex or other use stipulating size, type, and location of all signs to be permitted for the site and buildings per IZO Section 20.020.Q and enables some flexibility in design requirements, subject to Planning Commission review and approval. WHEREAS, as conditioned, the proposed Master Sign Program meets the purpose and intent of IZO Chapter 20; and WHEREAS, pursuant to IZO Chapter 20, review of a Master Sign Program is processed as a Site Plan and Architectural Review application and is subject to review and approval by the Planning Commission; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Site Plan and Architectural Review for the Project on August 22,2023,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 10 days prior to the Planning Commission meeting, consistent with IZO Section 24.100.13; and WHEREAS, at said hearing, the Planning Commission considered the staff report, dated August 22, 2023, and all public testimony provided prior to and at the public hearing; and DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A Attachment B August 22,2023 5002 Petaluma Boulevard North Retail Campus WHEREAS, on August 22, 2023, 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: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Based on its review of the entire record herein,the Planning Commission makes the following findings: California Environmental Quality Act a. As demonstrated in the CEQA Exemption Memo included as Attachment H in the August 22,2023 staff report,the application and the project for which it seeks approval are exempt from the California Environmental Quality Act (CEQA) in that the project qualifies for a categorical exemption from CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) which involves interior and exterior alterations of existing structures, additions to existing structures provided that the addition will not result in an increase of more than 10,000 SF, and demolition and removal of individual small structures, as evidenced by the minimal increases in overall square footage (± 572 SF) and available parking supply(f 11 parking spaces). The project is also exempt under CEQA Guidelines Section 15302 (Replacement or Reconstruction), which consists of replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structure replaced and will have substantially the same size, purpose, and capacity. The project is also exempt under CEQA Guidelines Section 15332. (Infill Development) in that the project is consistent with the General Plan, occurs on a 3.09-acre parcel, does not contain habitat value, proposes minimal changes in operations and capacity, and can be served by existing utilities. Furthermore, the project would not be prohibited from the use of a categorical exemption due to the exceptions listed in Section 15300.2. General Plan b. The Project is consistent with the General Plan 2025 Community Commercial (CC) land use designation in that the CC classification accommodates shopping centers and commercial districts, including regionally oriented centers. The project site is located within the General Plan's Petaluma Boulevard North Subarea, which includes Highway 101, the western edge of the Urban Growth Boundary (UGB), Washington Street, and the railroad tracks. The project site is zoned C2 (Commercial 2), which implements the CC land use designation, and the retail and restaurant uses at 5002 Petaluma Boulevard are permitted by right in C2 zoning districts. c. The Project, for the reasons discussed in the August 22, 2023, Planning Commission staff report, is consistent with the following General Plan principles and policies: Guiding Principle 9: Expand retail opportunities to meet residents' needs and promote the Page 2 DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A Attachment B August 22,2023 5002 Petaluma Boulevard North Retail Campus city's fiscal health,while ensuring that new development is in keeping with Petaluma's character. Policy 2-P-5 Strengthen the visual and aesthetic character of major arterial corridors, through streetscape improvements including use of planted medians, parking configuration, signage, and paving materials. Implementing Zoning Ordinance The Master Sign Program is consistent with all applicable regulations of IZO Chapter 20, as conditioned, including Section 20.140 (Freeway Oriented Signs) and IZO Section 20.230 (Non-Conforming Signs). d. When a unique, cohesive approach to project signage is warranted, some flexibility in design requirements may be approved by the Planning Commission if it is found that the master sign program is in conformance with the purposes stated in IZO Section 20.010. Flexibility in design requirements to allow two freeway-oriented signs for tenants less than 8,000 SF required by IZO Section 20.140.D.5 meets the intent and purpose of IZO Chapter 20 in that: i. The requested flexibility to IZO Section 20.140.D.5,which limits freeway-oriented wall signs to tenants of 8,000 SF or greater, would protect the public health, safety, and general welfare of the City by ensuring that the number,type, size, and design of project site signage will not detract from the attractiveness and orderliness of the City's appearance in that the proposed freeway-oriented signs on the 5,112 SF restaurant building and 1,500 SF retail tenant in Retail Building 3 would be limited in scale, type, and illumination in compliance with all other freeway-oriented sign standards of 20.140.D. ii. The requested flexibility to IZO Section 20.140.D.5,which limits freeway-oriented wall signs to tenants of 8,000 SF or greater, would protect the general welfare of the merchants and property owners in Petaluma by avoiding wasteful and costly competition among sign users, in that the requested flexibility would protect the general welfare of the merchants and property owners by encouraging commercial in-fill redevelopment and attracting and retaining future retail tenants. The proposed freeway- oriented sign on the 5,112 SF restaurant building and 1,500 SF retail tenant in Retail Building 3 would be limited in scale,type, and illumination in compliance with all other freeway-oriented sign standards of 20.140.D. In addition, the project is located on a unique commercial redevelopment site that exhibits an irregular lot shape, and has limited frontage, access, and visibility. The requested flexibility would protect the general welfare of the merchants and property owners by encouraging commercial in- fill redevelopment and attracting and retaining future retail tenants. e. The project is consistent with Implementing Zoning Ordinance §24.050 — Site Plan and Architectural Review, in that all required findings found in §24.050(E) can be made as follows: i. The master sign program uses quality materials, and the overall design is harmonious Page 3 DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A Attachment B August 22,2023 5002 Petaluma Boulevard North Retail Campus and in proportion in itself and in relation to adjacent development in that the proposed pylon sign uses similar materials such as Hardie board and aluminum accents. All freestanding signage would use a neutral color base and framing to complement site architecture. In addition, wall signs are proportional to corresponding storefronts. ii. The architectural style is appropriate for the project and compatible with the character of the neighborhood in that the proposed signage is durable and understated and would provide a cohesive approach to project signage. Wall signage would be composed of channel letters and logos with internal LED illumination.The sign face would be acrylic, and the letter return would be aluminum. iii. The siting of the structures on the property is appropriate for the site and as compared to the siting of other structures in the neighborhood in that the siting of the proposed signs is appropriate for the site and for the surrounding area. The signs are located in such places as not to interfere with vision sight triangles at intersections. The sign placements are consistent with the location of signs on surrounding properties. The project is conditioned to require removal of the existing monument sign. iv. The size,location,design,color,number,lighting, and materials of all signs and outdoor advertising structures are in accordance with all applicable requirements of this Zoning Ordinance and appropriate for the site, and compatible with the character of the neighborhood in that the project proposes a comprehensive master sign program for all signs in the shopping center stipulating size, design, criteria, location. In addition, the master sign program ensures a cohesive approach to project signage. All proposed signage approved in the Master Sign Program would require a subsequent sign permit with the Building Division prior to installation. v. The proposed signage complies with the maximum allowable sign area for shopping centers. In addition, the sign bulk and height are consistent with that of signs on surrounding properties. vi. The proposed Master Sign Program would not modify landscaping, as it only regulates signage. Therefore, this finding is not applicable. vii. Ingress, egress, internal circulation for bicycles and automobiles, off-street automobile and bicycle parking facilities, and pedestrian ways are designed so as to promote safety and convenience and conform to applicable City standards in that the proposed pylon sign would be located outside of the required vision triangle for the site's access. viii. The design is of good character and has been prepared by a professional sign consultant. ix. As demonstrated in the CEQA Exemption Memo included as Attachment H in the August 22, 2023 staff report, the application and the project for which it seeks approval are exempt from the California Environmental Quality Act (CEQA) in that the project qualifies for a categorical exemption from CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) which involves interior and exterior alterations of existing structures, additions to existing structures provided that the addition will not result in an increase of more than 10,000 SF, and demolition and removal of individual small Page 4 DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A Attachment B August 22,2023 5002 Petaluma Boulevard North Retail Campus structures. The project is also exempt under CEQA Guidelines Section 15302 (Replacement or Reconstruction), which consists of replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site as the structure replaced and will have substantially the same size, purpose, and capacity. The project is also exempt under CEQA Guidelines Section 15332. (Infill Development). x. The proposed structure and use, subject to any conditions which may apply, conforms with the applicable requirements of this Zoning Ordinance and applicable policies and programs of the City's General Plan and any applicable specific plan, and the proposed use will not, under the circumstances of the SPAR application, constitute a nuisance or be detrimental to the public welfare of the community in that the proposed commercial redevelopment and master sign program have been reviewed by staff for compliance with all applicable requirements of the Zoning Ordinance and General Plan, as documented in the staff report, dated August 22, 2023, and as conditioned. 3. Based on its review of the entire record herein, including the August 22, 2023, Planning Commission staff report, all supporting, referenced, and incorporated documents, and all comments received, the Planning Commission hereby approves Site Plan and Architectural Review for the Master Sign Program, subject to the conditions of approval attached hereto as Exhibit 1. Page 5 DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A ATTACHMENT B ADOPTED this 22nd day of August 2023, by following vote: Commission Member ye INo jAbsent jAbstain auer Chair Hooper cErlane ice Chair Racusen Whisman Vice Mayor Cader X Thompson Do"c�uSigned by: 10/4/2023 Blake Hooper, Chair ATTEST: APPROVED AS TO FORM: DocuSigned by: NtAA- ocuSigned by: a"° ,"' 9/25/2023 a 9/25/2023 FdRR'iRQrAFnP:AnA Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A Attachment B August 22,2023 5002 Petaluma Boulevard North Retail Campus EXHIBIT 1 MSP CONDITIONS OF APPROVAL 5002 Petaluma Boulevard North Retail Campus (Master Sign Program) Located at 5002 Petaluma Boulevard North APN: 007-412-075 File No. PLSR-2022-0039 Standard Conditions of Approval Planning Division 1. Plans submitted for any building permit submitted to the City pursuant to this approval shall be in substantial conformance with the Master Sign Program approved by the Planning Commission on August 22, 2023, except as modified by these conditions of approval. A determination of substantial conformance shall be made by the Planning Manager in writing during the plan check review process. Nothing shall preclude the Planning Manager from referring a substantial conformance determination to the Planning Commission for review at a publicly noticed meeting. 2. All conditions of this permit shall be printed on the second sheet of each plan set submitted for any sign permit submitted to the City pursuant to this approval,under the title `MSP Conditions of Approval.' Additional sheets may also be used if the second sheet is not of sufficient size to list all conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2" by 11" sheets are not acceptable. A copy of the approved plans shall be maintained on-site when construction activities are occurring. 3. At Sign Permit issuance, the applicant shall provide the City with an electronic copy of final/approved plans in PDF format on either a CD or USB drive. 4. The applicant shall remove the existing off-site nonconforming monument sign pursuant to IZO Section 20.230, which require discontinuance unless a sign permit was obtained. The applicant shall revise the Master Sign Program approved by the Planning Commission on August 22,2023 prior to any associated sign permit submittal associated with the site to remove the proposed refacing and retention of the existing monument freestanding sign as an additional shopping center freestanding sign. 5. All review costs related to the processing of this application shall be paid in full prior to issuance of a sign permit. On-going costs associated with the review and monitoring of construction shall be paid prior to final inspection or issuance of a Certificate of Occupancy. 6. This approval is, as provided for at IZO §24.050(I), effective for a twelve (12) month period unless the permit has been exercised or unless an extension of time is approved in compliance with IZO §24.050(J). Page 7 DocuSign Envelope ID:8653F38F-5C42-4F11-B410-263101CA543A Attachment B August 22,2023 5002 Petaluma Boulevard North Retail Campus 7. Construction activities shall comply with performance standards specified in IZO Chapter 21 (Performance Standards). 8. Separate sign permits in compliance with Chapter 20 of the Implementing Zoning Ordinance shall be obtained prior to the installation of signage. All signage shall be consistent with an approved Master Sign Program in terms of type, size, location, color, and illumination. A determination of Master Sign Program consistency shall be made by the Planning Manager in writing during the plan check review process. 9. This approval does not permit any parking lot signage for the purpose of directing customers to pick up restaurant orders. Any additional signage to direct restaurant customers for pickup orders may require a sign permit in compliance with Chapter 20 of the Implementing Zoning Ordinance and shall be obtained prior to the installation of signage. Any restaurant pickup order signage requiring a sign permit shall be included in the total maximum sign area allowed for the associated tenant and is subject to a determination of Master Sign Program consistency made by the Planning Manager. 10. 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. Public Works and Utilities 11. Encroachment permit is required for all work within the public right of way or within a City Utility Easement. Encroachment permit is required for the refacing of the applicant's sign at the corner of Petaluma Boulevard North and Auto Center Drive. The City may revoke or terminate the encroachment permit issued if the City determines to use the public right of way for public purpose or if the City determines that the encroachment conflicts with the publics prospective use of the public property. Page 8