HomeMy WebLinkAboutResolutions 88-371 N.C.S. 11/14/1988
Resolution No. s8-371 NC.S.
of the City of Petaluma, California
APPROVING THE PLANNED UNIT DISTRICT
DEVELOPMENT PLAN FOR "THE CHATEAU OF
PETALUMA", A.P. NOS. 007-350-04 and 05
WHEREAS, upon recommendation made on September 27, 1988 by the
Planning Commission, 9.62 acres were rezoned Planned Unit District (PUD)
to allow construction of up to 300 units of senior housing, common facilities
and, upon revision to the PUD, ancillary and compatible commercial facilities
commonly called "The Chateau of Petaluma"; N.C.S. ,
WHEREAS, by Ordinance No. 1741 N.C.S. , Assessor's Parcel
Nos. 007-350-04 and 05 were rezoned to PUD to allow said development;
and,
WHEREAS, a Mitigated Negative Declaration prepared pursuant to the
California Environmental Quality Act was adopted by the City Council as
recommended by the Planning Commission (Resolution No. gg-366 N.C.S.) ;
and,
WHEREAS, a public hearings on this matter were held by the Planning
Commission on September 13, 1988, and the City Council on October 24,
1988, at which times all written and verbal testimony (including staff
reports, traffic, and noise studies) were considered prior to action;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
approves the Chateau's PUD development plan based on the site plans dated
August 10, 1988, and narrative project description provided by the
applicant, on file in the Planning Department, subject to the following
findings:
PUD Findings:
A. The development plan clearly results in a more desirable use of land
and better physical environment than would be possible under any
other zoning district by providing optimum use and design for the
specialized needs of senior citizens. The higher density and lower
parking requirements are based on the senior housing aspect of the
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project as discussed in the staff report and surveys of similar projects
in similar jurisdictions.
B. The property has a suitable relationship to one or more thoroughfares;
and said thoroughfares are adequate to carry any additional traffic
generated by the development.
C. The proposed development, as conditioned, presents a unified and
organized arrangement of buildings and service facilities which are
appropriate in relation to adjacent or nearby properties and adequate
landscaping and/or screening is include to insure compatibility.
D. The natural and scenic qualities of the site are protected, with
adequate available public and private spaces designated on the Unit
Development Plan .
E. The residential portion of the development of the subject property, in
the manner proposed by the applicant and conditioned by the City,
will not be detrimental to the public welfare, will be in the best
interests of the City and will be keeping with the general intent and
spirit of the zoning regulation of the City of Petaluma, with the
Petaluma General Plan, and with the goals, policies and programs of
the General Plan Housing Element. Through clarification of the
General Plan text, compatibility of the commercial portion of the project
with the General Plan's goals and policies shall be assured.
F. By provision of 20 o very low-to-low income affordable rate housing
units (or the equivalent) , this project qualifies for a density of 32.5
units per acre, including local and State bonuses.
G. The two acres of commercial uses may contribute toward the residential
density only if a direct supportive service relationship is maintained in
a manner consistent with the General Plan.
BE IT FURTHER RESOLVED that the City Council hereby approves the
development plan, subject to the conditions hereinafter set out as follows:
PUD Conditions
1. This project shall be limited to 300 units maximum.
2. The project sponsor shall enter into a development agreement or other
legal mechanism with the City prior to issuance of building permits
that guarantees construction of at least twenty percent (20$) of the
total units for households of very low-to-low income as defined by the
General Plan, for the life. of the project. Said agreement shall also limit
occupancy of all units to persons defined as "seniors" by State
regulations to the satisfactory of the City Attorney. At a minimum, the
agreement shall address the following topics: percentage of household
income that may be paid toward rent; definition of rent (i.e. ,
whether utilities or other fees are included; definition of "household
.income°; determine mix of very low -to-low income units as related to
unit size, location, etc. ; consistency of rules, fees, etc, between low
income tenants vs. market rate tenants; frequency of rent adjustment
with respect to changes in tenant's income; priority for Petaluma
residents; record keeping by project managers; ability of City to audit
records; and duration of affordability of units. Said agreement must
be approved by the City Council prior to issuance of building permits.
The General Plan defines rental housing as "affordable" when a
household pays less than 30 percent of its gross monthly income for
housing, including taxes, insurance, and utilities. The General Plan
defined "very low income households" as those earning less than 50$ of
the Sonoma County median income. "Low income households" earn less
than 800 of the county median income. Should the project sponsor opt
to provide very low-to-low income units off-site, such provisions shall
receive approval by the City Council prior to issuance of building
permits.
3. The two underlying parcels shall be merged, or adjusted to separate
the residential from the commercial portions of the site, prior to
issuance of building permits.
4. The site plan may be adjusted beyond the requirements of these
conditions, provided that the revised plan remains in substantial
conformity to those approved by the Council and that overall density
is not increased, residential building coverage does not exceed 30
percent of lot area, and the revisions are first reviewed and approved
by the Planning Director.
5. The mix of residential units may be amended provided that no more
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than 85 two bedroom units are provided, nor more than 133
independent living units (full-sized kitchens) and/or no more than 90
bed assisted units are provided within the total project. Any such
amendments must first be reviewed and approved by the Planning
Director. Amendments beyond the parameters of this condition require
approval by the Planning Commission and City Council as a PUD
amendment.
6. All site improvements, including parking and driveways, shall be
excluded within 30 feet from the Lynch Creek top-of-bank or as
approved subject to a reasonable engineering and architectural
alternative as determined by staff. Improvement and grading plans
within these areas are subject to review by the California Department
of Fish and Game and Sonoma County Water Agency prior to issuance
of grading/building permits.
7. All storm waters shall be collected on-site and discharged by storm
drain into Lynch Creek.
8. The project sponsor shall dedicate the westernmost thirteen feet of the
property (bordering U5 101) to the City of Petaluma to the satisfaction
of the City Engineer prior to issuance of building permits. An
irrevocable offer of dedication to the City for an additional 22 feet
along the westernmost property line shall be recorded with the
property to accommodate future widening of US 101. All property
dedicated may count as credit towards the project sponsor's fair share
contribution to traffic mitigation fees. Should all major facilities traffic
impact fees have been paid prior to dedication, the applicant may
receive a reimbursement of fees equal to the price of said dedicated
land paid by the project sponsor.
9. The buildings' construction and site improvements are subject to
review and conditional approval by the Fire Marshal, Chief Building
Inspector, and Chief of Police or their designated representatives.
10. Vehicular access to the residential phase of the project shall be
directed to the northernmost driveway insofar as possible and practical
(deliveries and employee parking excepted) as determined by staff.
Principal access to the commercial portion of the site shall be via the
southern (existing) driveway. No additional driveways on McDowell
Boulevard shall be permitted. The suitability of vehicular access
between the commercial and residential portions of the site shall be
considered at the time that a proposal is submitted for development of
the commercial parcel. Prior to issuance of building permits,. the
project sponsor shall acknowledge in writing that it is understood that
both driveways to this site may at some time be restricted to
right-turn only ingress and egress. right-turn only ingress and
egress.
11. The project sponsor shall provide a full service shuttle schedule to
provide tenant access to medical appointments, recreational events,
shopping, etc. Transportation for the handicapped shall be provided.
The shuttle service level to be provided shall be described in a
program prepared by the. project sponsor or operator and submitted to
the Planning Director for approval. at or before time of initial unit
occupancy.
12. General pedestrian access to Lynch Creek shall be discouraged by a
visually open fence (e.g., wrought iron) or other appropriate barrier
along the entire length of property line bordering the creek. Design
of the fence or barrier is subject to SPARC and Police Department
review and approval. Gates shall permit limited pedestrian passage.
Access for project residents to the c reek area shall be permitted.
13. Either through fencing or building site design, access to and from the
Senior Residential phase shall be restricted or monitored from the Plaza
North shopping center area. There shall not be unmonitored open
access from the shopping center to the senior center, nor shall there
be unmonitored open access from the shopping center to residential
parking, subject to approval. of the Police Department and SPARC.
14. The following conditions shall be incorporated into project design and
operations to the satisfaction of the Police Department:
A. 24-hour security should be provided for the interior and exterior
of the building . This can be accomplished through hiring
security personnel and/or installation of an electronic monitoring
system. Areas of critical concern include the interface with Plaza
North, drop-off areas, all perimeter parking areas, and loading
area.
B. The driveway entrance to the residential center should be posted
as a private driveway and set up in such a way (either through
signs or design) that it discourages access to the facility by
persons who are not residents or legitimate visitors to the
residences.
C. Adequate vandal resistant lighting needs to be placed throughout
the facility. All exterior parking and entry areas must be well
lighted.. All interior stairwells and walkways must also be well
lighted.
D. The lobby of the facility or main pedestrian entry way should be
set up with a receptionist, security person or other staff member
who can monitor those persons visiting the facility. This person
will be helpful to visitors trying to locate residents we well as
providing assistance to residents.
E. A lock box key security system or similar device should be placed
in a location readily accessible to police, fire and ambulance
personnel who may required emergency entrance to secure areas
of the facilities .
15. Examples of permitted uses and site design for the commercial portion
of this site shall be processed as an amendment to this PUD .
Permitted uses of the commercial portion of this project site are limited
to uses ancillary to and compatible with the senior living facility. No
specific uses are approved for the commercial portion of this project at
this time. At time of PUD amendment, the commercial portion of the
site must be found to be consistent with the goals and policies of the
General Plan either through design and use approvals by the City
Council, new City policies, or General Plan amendment.
16. The commercial building(s) may not be constructed until at least 167
units of senior housing are constructed on this PUD. Nor shall it be
constructed until construction has commenced on the Rainier
Avenue/US 101 interchange or until McDowell Boulevard North level of
service is D or better, whichever occurs first. Consistency with the
goals and policies of the General Plan must be achieved prior to
construction of the commercial portion of this site.
17. Concurrent with initial site improvements for the senior units, the
project sponsor shall install a bus turn-out, shelter, and pole for
future signs on McDowell Boulevard, location and design of which shall
be subject to approval by the City Transit Coordinator.
18. A hydraulic maintenance easement shall be provided over Lynch Creek,
subject to approval of the City Engineer, As part of site preparation
for this project, the City Engineer may require selective clearing
within the easement area.
19. No buildings shall be located within. 55 feet of the top of the bank of
Lynch Creek.
20. Ninety days prior to issuance of a demolition permit for the existing
church, the project sponsor shall, to the satisfaction of the Planning
Director, offer the structure to non-profit organizations which may be
able to move the building for their own purposes.
21. The recommendations for the Sound Solutions noise study shall be
incorporated into the project design, to the satisfaction of the Planning
Director and Chief Building Official except:
a) Placement of the soundwall shall respect the 13' increased setback
along U.S. 101 (see Condition No. 8);
b) Exterior balconies not in compliance with noise standards shall be
enclosed by greenhouse-style glass or other method that provides
"outdoor" living experience with some noise attenuation, subject
to SPARC approval; and,
c) Through-the-wall air conditioners may be used in noise sensitive
walls and windows may exceed 15$ of floor area for sound
consideration, provided that interior noise levels shall not exceed
General Plan standards (45 dB CNEL or L dn) .
22. The project sponsor shall design and install a central left-turn lane in
McDowell Boulevard North between the two Community Center
driveways, including raised landscaped median island and striping,
prior to initial occupancy, subject to City Engineer approval. An
agreement between the City and project sponsor addressing the share
of costs (each paying 50$ for these improvements), timing of
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installation, and responsibility of installation shall be prepared and
executed prior to issuance of building permits. Prior to occupancy of
the last 100 residential units or commercial building, whichever occurs
first, the project sponsor shall pay to the City the pro-rata share of
improvements to coordinate the traffic signals at Lynch Creek Way and
East Madison, and widening of McDowell./Washington Street intersection,
and installation of a signal at the Community Center driveway/Plaza
North driveway, as determined by the City Engineer.
23. All site improvements, architecture, and utilities are subject to SPARC
approval.
24. The project sponsor shall comply with all applicable flood mitigation
requirements adopted by the City Council, as contained in Zoning
Ordinance Article 16, and Municipal Code Chapter 17.30 "Storm
Drainage Impact Fee."
25. All improvements and grading shall comply with the Sonoma County
Water Agency's Design Criteria or acceptable engineering alternative as
approved by the SCWA.
26. Applicant shall participate on a fair share basis in any future
assessment districts or other funding mechanisms formed to improve
areawide flooding, traffic congestion or other subregional problems for
which development of this property is found to be a contributing
factor.
27. The project sponsor shall execute a binding agreement which shall
stipulate that upon issuance of a Certificate of Occupancy of each
residential dwelling unit in The Chateau or the commercial building,
developer shall pay $150.00 to the City per daily trip end estimated to
be generated by said residential unit and $50.00 per daily vehicle trip
for the commercial buildings. If the City establishes a Major Facilities
Traffic Mitigation Fee prior to occupancy of any unit(s), the fee for
said unit(s) and all subsequent units in this project thereafter shall be
either $150.00 (residential) or $50.00 (commercial) per trip end or the
Major Facilities Traffic Mitigation Fee, whichever is less on a per unit
basis. Fee is subject to conciliation by the Planning Director.
28. The freeway-oriented elevations shall be designed so as not to present
the appearance of a rear elevation (i.e. no loading doors or large
blank walls, absence of architectural features found on other
elevations, and limited landscaping as typically found on interior
property lines).
29. Any outdoor advertising signs shall be submitted for review and
approval of SPARC or the Community Development Department. All
signs must conform to the Zoning Ordinance and be compatible with the
building and surroundings.
30. Parking lots shall be designed so that spaces remaining after CalTran's
use of entire 35 foot easement will conform to City standards for
ingress/egress and landscaping.
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31. Parking shall be provided at a ratio of at least .65 spaces per
independent living unit (i.e.; full kitchen) and .4 spaces/unit for all
others. At least 10 spaces shall be suitable for handicapped vehicles.
32. In the event that archaeological remains are encountered during
grading, work shall be halted temporarily and a qualified archaeologist
shall be consulted for evaluation of the artifacts and to recommend
future action . The local Indian community shall also be notified and
consulted in the event any archaeological remains are uncovered.
BE IT FURTHER RESOLVED, that the City Council finds that the
requirements of California Environmental Quality Act Guidelines have been
satisfied by Resolution NO. 88-366 N.C.S.,adopted by the City Council on
November 14, 1988.
reso .approve . pud .chateau
resol0
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (S meeting °~
on the ....1.4-th---...... day of ..------•-----November --------•--------.., 19..-8 8 by the
following vote:
ity Attorney
AYES:Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor is,
Mayor Hilligoss
NOES: 0
ABSENT: 0 ~ ~
ATTEST: ~S
City Clerl. 8 Mayor.
CA 10-85
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