Loading...
HomeMy WebLinkAboutPlanning Commission Resolution 2012-03 03/13/2012 RESOLUTION NO. 2012-03 CITY OF PETALUMA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR OILSTOP, A QUICK LUBE & ASSOCIATED DRIVE THRU CARWASH FACILITY LOCATED AT 1004 LAKEVILLE STREET APN 005-060-021 File No. 11-CUP-0903 WHEREAS, Larry Dahl of Oilstop submitted an application for a Conditional Use Permit for the purpose of constructing an Oilstop (quick lube/oil change) business, vacuum bays and drive thru car wash at 1004 Lakeville Street; and, WHEREAS, The proposed use is classified as Minor Vehicle Services and listed as a Conditional Use in the D-4 zoning district within the Central Petaluma Specific Plan; and, WHEREAS, the proposed CUP has been processed in compliance with Section 24.0030 of the Implementing Zoning Ordinance; and, WHEREAS, the project has been reviewed in compliance with CEQA guidelines and has been determined to be categorically exempt.The project is consistent with the impacts evaluated in the Central Petaluma Specific Plan Environmental Impact Report certified by the City Council on June 3, 2003. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15303, Class 3(c), "New Construction or Conversion of Small Structures", which allows the construction of new commercial buildings of up to 10,000 square feet in an urbanized area, on sites zoned for such use, if not involving the use of significant amounts of hazardous substances, and the surrounding area is not environmentally sensitive; and, WHEREAS, on February 16, 2012, a Notice of Public Hearing was published in the Argus- Courier and mailed to all residents and property owners within 500 feet of-the project; and, WHEREAS, the project as conditioned, will not constitute a nuisance or be detrimental to the public welfare of the community because it will be operated in conformance with performance standards specified in the Uniform Building Code the Petaluma Implementing Zoning Ordinance, and the Central Petaluma Specific Plan and is consistent with the City of Petaluma General Plan 2025; and, WHEREAS, the Planning Commission held a properly noticed public hearing on March 13, 2012, in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.030. NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the Conditional Use Permit for the Project and authorizes construction of site improvements for the Project contained in said plans submitted with the application, which are incorporated herein by reference as 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: 1. The proposed 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 Planning Commission,Resolution No. 2012-03 Page 1 standards specified in the Uniform Building Code, the Petaluma Implementing Zoning Ordinance and is consistent with the.City of Petaluma General Plan 2025 as well as the Central Petaluma Specific Plan (CPSP). 2. The project is consistent with the following goals, policies, and programs of the General Plan 2025: 1-P-1 Promote a range of land uses at densities and intensities to serve the community needs within the Urban Growth Boundary (UGB). 1-P-7 Encourage flexibility in building form and in the nature of activities to allow for innovation and the ability to change over time. 1-P-10 Develop and maintain the following areas as neighborhood centers. These centers will serve to focus commercial activity close to residential uses, providing convenient retail and services for all Petaluma residents such as at Caulfield Lane at Lakeville Street. 2-G-1 Preserve Petaluma's setting as an urban place surrounded largely by rural land uses and densities, agricultural and open space. 4-P-12 Prohibit new drive thru food and service facilities with the exception of vehicles servicing businesses, such as car wash and oil/lube, and limit expansion of the drive- thru components of existing facilities which increase idling. The proposed project as conditioned, is consistent with the goals, policies and programs of the General Plan 2025 in that Oilstop is an existing business looking to expand operations in Petaluma by adding this second location for vehicle servicing to better service the needs of the community. As conditioned the proposed architectureand materials are compatible with surrounding structures and will compliment other buildings in the area. The siting/setbacks of the buildings are appropriate for the site, the proposed use, and the surrounding buildings. The proposed colors and materials of the buildings are consistent and compatible with other buildings in the area. Project conditions require landscaping revisions to ensure that the long wall along the car wash tunnel is broken up and that the large amount of asphalt is reduced. The proposed project is consistent with the CPSP Architectural Guidelines for AREA 10, the Lakeville Corridor, in that the project as proposed is consistent with other development in the area and follows the existing development patterns of adjacent properties, with regards to setbacks, height and architectural detailing/style. The project's design and siting will continue the existing development pattern and is consistent with the thoroughfare commercial development in the vicinity of the intersection with Caulfield Lane and the Highway 101 interchange. The project as proposed provides for a number of sustainable measures to ensure the project conforms to the general plan policies regarding greenhouse gases, gas emissions, water conservation and green building standards, including: • Site runoff water will be recycled and used for the car wash. • Queuing cars for the oil change will be required to turn off their engines. • Cars queuing for the car wash enter the wash tube at a rate of one vehicle every thirty seconds, thereby minimizing the emissions from idling cars. However, in the event of backups for the car wash, employees will require drivers to shut off engines. As conditioned, signage will also be required at the vacuum bays to ensure that patrons utilizing the vacuum bays turn off their engines while vacuuming out their vehicles, • All proposed landscaping is drought tolerant. • High-energy efficiency equipment will be installed, such as the vacuums and the car wash. • Low flow and low flush toilets and faucets will be installed. Planning Commission Resolution No. 2012-03 Page 2 • Oil, oil filters, anti-freeze, cardboard, and bottles and cans will be recycled and the appropriate recycling containers are required to be provided prior to occupancy. 3. The proposed project is consistent with the development standards for the D-4 zoning designation, including setbacks from property lines, height limitations, and lot coverage. 4. The proposed project meets the requirements of Section 24.030 of the Implementing Zoning Ordinance, Conditional Use Permits, as follows: The proposed site layout of the structures is appropriate for the subject property to allow for adequate access and circulation. The proposed vehicle serving use is compatible to other vehicle serving uses in the immediate area, such as the adjacent Chevron gas station to the north and the In-N-Out Burger to the south of the subject property.The proposed project is adjacent to the existing In-N-Out Burger and associated drive thru and other uses which are more intensive than the proposed project; the adjacent uses have more traffic volume and have longer hours of operation. The proposed project is consistent with the CPSP which includes providing thoroughfare oriented commercial uses along Lakeville Street. The proposed site design includes a variety of trees, shrubs, grasses, groundcovers, and vines to be installed along the edges of the property including the Lakeville Street and Hamburger Lane frontages. The landscaping will help create a buffer of the proposed buildings between existing uses and will enhance the subject property as well as provide some screening for the proposed new buildings. The location of the proposed buildings (quick lube and car wash) will help to screen the vacuum bays from Lakeville Street. The proposed colors and materials are consistent and compatible with other buildings in the area. As conditioned, the steel mesh trellises and proposed landscaping will be installed along the north wall of the car wash tunnel on the property line (adjacent to the Chevron gas station) to ensure that the long wall expanse is broken-up. As conditioned, additional landscaping will be installed to help break-up the large expanse of proposed asphalt in the interior of the site. The location of each of the proposed buildings and the vacuum bays is appropriate to the adjacent buildings on the neighboring properties. The proposed buildings are in keeping architecturally with surrounding buildings with regards to height, materials, and colors. Equipment for the vacuum bays and car wash will be screened and not visible from the street or adjacent properties. The equipment will be located in a manner as to not be directly adjacent to existing buildings. Light fixtures will be directed downward. There will be no outside display of goods or services associated with the proposed quick lube and car wash. The vacuum bays will be buffered/screened by the buildings, proposed landscaping and the canopy covers and will be located towards the interior of the lot, away from the street frontage. Signs will be reviewed to ensure compliance with the city's sign ordinance. The intensity of activity for the proposed quick lube and car wash is compatible for the surrounding area. The proposed use is similar to other vehicle service uses in the area. The hours of operation would be less intensive than surrounding uses like the Chevron and Shell gas stations and In-N-Out Burger as proposed hours of operation are from 7:00 a.m. to 8:00 p.m., seven days a week. Site access would be gained both Lakeville Street and Hamburger Lane. Lakeville Street access would be a right-in-right-out driveway and Hamburger Lane access would be via a full access driveway at the rear of the site. A "pork chop" median has been designed for the Lakeville Street to preclude left turn access to. The final design of the Projects frontage improvements shall include sufficient width to accommodate Class II bike lane and sidewalk along Lakeville Planning Commission Resolution No.2012-03 Page 3 Street and a bus stop. The proposed site layout of the structures is appropriate for the subject property to allow for adequate access and circulation. Vehicular access would be via two driveways: a right-in-right-out main driveway on Lakeville Street and a full access rear driveway on Hamburger Lane providing safe vehicle access to and through the site. Minimal truck traffic is anticipated for the proposed use for the delivery of supplies. Existing streets are designed to accommodate truck traffic and the proposed vehicle serving use is not anticipated to exceed existing truck traffic levels. The proposed vehicle serving use is not located in the vicinity of schools, libraries, playgrounds, churches, or hospitals. The proposed vehicle serving use is located within an area of other existing vehicle serving uses and consistent with the D-4 zoning district that applies to this corridor. Proposed hours of operation will be from 7:00 a.m. to 8:00 p.m. seven days a week. These hours are less intensive than other uses in the area, such as the In-N-Out Burger. The proposed quick lube and car wash would employ a maximum of nine employees per shift (one'for the car wash and eight tor the quick lube). The proposed vehicle serving use is not anticipated to create off-site effects/impacts to noise, dust, or odors to create a greater impact than what exists. The equipment as proposed will not be visible from the street or adjacent properties and is not directly located adjacent to existing buildings. The proposed vehicle serving use is not located in an environmentally sensitive area and is located in an area of similar vehicle serving uses. Proposed lighting would be downward facing wall sconce lights and therefore not create offsite lighting or glare. The proposed vehicle serving use will not alter the general character of the surrounding area. The proposed vehicles serving use is a permanent use that will run with the land and is not limited to specific time limits. The use would not constitute a nuisance or be detrimental to the public welfare of the community. The proposed use is consistent with the existing patterns and with the thoroughfare commercial development focused in the vicinity of the intersection with Caulfield Lane and the interchange with Highway 101. ADOPTED this 13th day of March, 2012, by the following vote: -Committee.Member= ' _ Aye, No' _Absent- ` Abstain •Abercrombie X Bias X Herries X Chair Johansen X Kearney X Vice Chair Pierre X Wolpert X Planning Commission Resolution No.2012-03 Page 4 a::2L_3tat:(____ Curtis Johansen, Chair ATTEST: APPROVED AS TO FORM: AdiA., met__ Geoff I. Bradley, AICP, Commit ee Secretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2012-03 Page 5 Exhibit A CUP CONDITIONS OF APPROVAL OilStop 1004 Lakeville Street APN 005-060-021 City File Number: 11-CUP-0903 From Planning Division: 1. This Conditional Use Permit authorizes the proposed construction for a three bay OilStop quick lube/oil change business, a drive through car wash, and 18 self-service vacuum bays as shown on plans dated stamped January 12, 2012, within the Central Petaluma Specific Plan (CPSP) at 1004 Lakeville Street, APN 005-069-021. 2. Proposed hours of operation shall be from 7:00 a.m. to 8:00 p.m. seven (7) days a week. 3. Plans submitted for building permit review shall be in substantial conformance with the Conditional Use Permit request and the plans/information date stamped February 15, 2012 with the following modifications: a. Metal trellises and vines along the north wall of the car wash shall be installed prior to occupancy to ensure that the expanse of the wall between the two properties is broken-up. Said trellis and landscaping (vines) shall be shown on plans submitted for building permit for review by staff. b. A revised landscaping plan incorporating landscape islands or other landscape treatment to break up the large amounts of asphalt on the site shall be submitted for review by planning staff as part of the building permit application. c. Trash enclosure details shall be provided in plans submitted for building permit for review by planning staff to ensure that the trash enclosure is fully enclosed and covered. 4. The use of outdoor loudspeakers is prohibited. 5. Only auto repairs typically provided as services for Oilstop are permitted, such as oil changes, transmission and cooling system services as well as other minor automotive services. 6. Cars shall not be staged outdoors and shall not be detailed or dried by staff. Pop up tents/canopies or other shade structures shall be prohibited. 7. A minimum of 25 on-site parking spaces shall be provided at all times. This includes the parking spaces within the quick lube building and the self-service vacuum spaces. 8. This Conditional Use Permit may be recalled by the Community Development Department (CDD) for review at any time due to complaints regarding lack of compliance with the conditions of approval. At such time, the CDD may initiate proceedings to revoke the conditional use permit or add/modify conditions of approval, consistent with Section 24.030.J of the Implementing Zoning Ordinance.and/or the City of Petaluma Municipal Code. Planning Commission Resolution No. 2012-03 Page 6 9. Every five years or as deemed necessary by the Planning Division, the awnings for the vacuum bays shall be replaced by the applicant. Said awnings shall be replaced in kind unless modifications are reviewed and approved by the planning staff. 10. Signs shall be installed on-site at the quick lube and car wash that instructs patrons to turn off their engines when vehicle queuing begins to backup on-site (more than 3 vehicles). In addition, said signs shall be installed in the vacuum bay areas to ensure patrons turn off their engines while vacuuming out their vehicles. Locations and wording of signs to be reviewed and approved by planning staff prior to issuance of building permit. Said signs to be installed prior to final inspection. 11. The project shall be subject to all applicable development impact and other City fees. 12. Signs are not included as part of this approval. The applicant shall apply for a separate sign permit. Sign permits shall be obtained through the Building Division, and be designed to conform to applicable requirement of Section 20 of the Implementing Zoning Ordinance. 13. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project. The applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City. 14. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall be permitted. 15. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials. 16. Construction activities shall comply with performance standards specified in the Implementing Zoning Ordinance, Chapter 21, and Petaluma Municipal Code Sections (noise, dust, odor, etc.). 17. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within the project without first providing appropriate signs warning of the use of chemicals. The project shall utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of bicyclists and pedestrians. Planning Commission Resolution No.2012-03 Page 7 18. Public utility access and easement.locations and widths shall be subject to approval by PG&E, Pacific Bell, Sonoma County Water Agency, all other applicable utility and service companies and the City Engineer and shall be shown on the plans. 19. All work within a public right-of-way requires an encroachment permit from the Public Works Department. 20. All areas disturbed during project construction shall be replanted with vegetation compatible with the vegetation in the surrounding area. Any existing trees or significant vegetation, on the facilities site or along the affected access area that die shall be replaced with native trees and vegetation of a.size and species acceptable to the planning director. Planning Commission Resolution No.2012-03 Page 8