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HomeMy WebLinkAboutStaff Report 6.A 10/20/2014 Attachment 02/_I■ .O]EVil:1kIllra ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE NO. 2300 N.C.S., TO REZONE THE PROPERTY LOCATED AT THE INTERSECTION OF WEST AND KELLER STREETS FROM R2 TO PLANNED UNIT DISTRICT (PUD) APN: 006-083-054 FILE NO. PLMA-14-0002 WHEREAS, Jim Soules/Keller Court LLC, submitted an application to the City of Petaluma for a Zoning Map Amendment (File No. PLMA-14-0002) for the property located at 000 West Street, intersection of West and Keller Streets (APN: 006-083-054); ("the Project' or the "proposed Project'); and WHEREAS, the City's Planning Commission held a duly noticed public bearing to consider the Project, including the proposed Zoning Map Amendment and PUD Development Standards and Design Guidelines on August 12, 2014, at which time all interested parties had the opportunity to be heard, and WHEREAS, on August 12, 2014 the Planning Commission approved Resolution No. 2014-26 recommending the City Council rezone the subject parcel (006-083-054) from R2 to the Keller Court Commons PUD; and WHEREAS, Chapter 19.030 of the IZO provides for the adoption of new residential PUD's; and WHEREAS, Chapter 25.065 of the IZO provides for the amendment to the zoning map; and WHEREAS, on October 20, 2014, the City Council held a duly noticed public hearing to consider the proposed Zoning Amendment and PUD Development Standards and Design Guidelines; and WHEREAS, on October 20, 2014, the City Council reviewed the CEQA evaluation for the Project and adopted Resolution No. 2014-25 approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and WHEREAS, on October 20, 2014 the City Council approved the Zoning Map Amendment to change the zoning of the property located at Intersection of West and Keller Streets from R-2 to Keller Court Commons PUD, based on the findings made below: 1. The proposed amendment to the Implementing Zoning Ordinance No. 2300 N.C.S., to rezone the subject parcel (006-083-054) to PUD is consistent with and implements the Low Density Residential land use classification of the General Plan that already exists for the parcel. The proposed density of 5.75 dwelling units per net acre is within the allowable density range of the Low Density Residential designation of (26 to 8.0 du/acre) and is less than if it were developed under the standard R-2 zoning designation. The proposed rezoning results in a use that is compatible with the established character of the surrounding neighborhood and the low- density residential character within the West Planning Subarea. 2. The PUD is proposed on property which has a suitable relationship to one or more thoroughfares (West Street), and said thoroughfares are adequate to carry anticipated traffic generated by the development, as West Street is designated a Connector in the General Plan. 3. The plan for the proposed development presents a unified and organized arrangement of buildings and facilities which are appropriate in relation to adjacent or nearby properties, and includes provisions for preservation of existing trees, adequate landscaping, and screening and setbacks to ensure compatibility. Conditions have been incorporated requiring design and development standards that are compatible with the surrounding neighborhood including the historic Lundholm-Patocchi farmhouse. 4. The proposed PUD and associated development plan provide variation from the standard R-2 zoning with units clustered on small lots around a common area to maximize tree preservation, minimize alteration to the more steeply sloped area of the lot, and provide a site design that enhances the character of the existing neighborhood. 5. The proposed rezoning to PUD is consistent with the Petaluma General Plan Housing Element policies which promote residential development within the Urban Growth Boundary (Policy 11-P-1.1) and encourage the development of housing on underutilized land (Policy 11-P-1.2). 6. The development of the subject property in the manner proposed by the applicant, and as conditioned, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the Petaluma General Plan and city zoning regulations. The project adds eight new market rate dwelling units, preserves 30 protected Coast Live Oaks, and provides a half acre of common area open space. Project plans present a unified and clustered arrangement of lots unique to Petaluma and private street access that is appropriate to adjacent and nearby properties. Preservation of mature trees and installation of proposed landscaping further ensures compatibility. Payment of in -lieu fees will allow the city to continue to fund affordable housing through land acquisition and assistance to non-profit developers and other mechanisms, including the "silent second mortgage" program. The proposed project will also require Site Plan and Architectural Review and approval by the Planning Commission. 7. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and the drafting of a Mitigated Negative Declaration and mitigation measures agreed to by the applicant that will reduce potential impacts to less than significant for the PUD rezoning of the property. S. The project, as conditioned per the resolution approving the Tentative Subdivision Map (Resolution No. 2014-27), complies with the applicable provisions of the Municipal Code and the General Plan. 9. The Unit Development Plan for The Keller Court Commons Subdivision shall be subject to the applicable conditions of Tentative Subdivision Map, including Mitigation Measures adopted as conditions of approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Section 1. The Zoning Map contained in the Implementing Zoning Ordinance is hereby amended to modify the zoning district of the property located at 000 West Street at the intersection of Keller and West Streets (006-083-054) to Planned Unit District (PUD). Section 2. The City Council finds that a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this project has been prepared, circulated and adopted by the City Council in accordance with State Law. Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such pari or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this 20th day of October, 2014. ADOPTED this day of , 2014 by the following vote: Exhibit A PUD DEVELOPMENT STANDARDS AND DESIGN GUIDELINES KELLER COURT COMMONS August 12, 2014 I. PURPOSE: A. The purpose of this document is to provide written standards and design guidelines for the development of the Keller Court Commons Subdivision. The overall objective is to provide specific standards and guidelines for the development of the site that is sensitive to abutting private and public lands while providing ownership opportunities for compact two-bedroom, community -oriented homes within walking distance of downtown Petaluma. B. The Planned Unit District (PUD) provides a more community -oriented design and form of ownership than that provided by traditional R2 lots. C. All City Council Resolutions and Ordinances approving the Mitigated Negative Declaration, Zoning Map Amendment, Planned Unit District (PUD) Development Plan and Standards, Site Plan and Architectural Review (SPAR) approvals shall be referenced for this project. D. The matters addressed herein are intended to supplement the City of Petaluma's Implementing Zoning Ordinance (IZO) and building requirements and to promote environmentally sensitive and logical development of properties within the site. II. USES: All uses shall conform to the following: A. PERMITTED PRINCIPAL USES: 1. Single -Family detached dwellings. 2. Model homes along with temporary sales offices and associated project identification signs are allowed until completion of sales. Pursuant to Implementing Zoning Ordinance section 20.070 Temporary Sales Office and Customer Signage. 3. Temporary construction offices in a construction trailer or building on the site until completion of construction. There may also be a temporary workshop and storage facility. B. ACCESSORY USES: 1. Private garages and off street parking areas. 2. Conunons Building as gathering space for use by residents and guests only. 3. Exercise & Storage Room. Garden Shed for use by residents and guests only. 4. home occupations consistent with Petaluma Implementing Zoning Ordinance. 2�� C. PROHIBITED USES: All prohibited uses shall be in accordance with Residential 2 (R2) Zoning District Standards as stated in the Implementing Zoning Ordinance unless otherwise permitted by these standards. 2. Conversion of garage spaces to living or storage space. 3. Accessory Dwelling Unit. 4. Swirnming Pool, Hot Tub, Spa. 5. Building additions. An owner seeking a building addition would need to amend the PUD per the requirements of the IZO. 6. The conunons building shall not be used for any public/semi-public gatherings, as a polling location, etc. due to the lack of improvements for accessibility. Use shall be limited to owners and their guests. This limitation shall not be modified by vote or other device without the necessary Accessibility Improvements that meet the California Building Standards Code in effect at the time of the intended improvements and that is approved by the Petaluma Building Services. 11I. PROCEDURES A. The City of Petaluma shall complete Site Plan and Architectural Review of the site layout, architecture, and landscaping plans and other site amenities prior to issuance of a building permit. B. Minor modifications to the PUD Development Standards may be approved in accordance with Section 19.040.E.4 of the Implementing Zoning Ordinance. IV. GRADING AND DRAINAGE A. All grading activities shall be completed prior to October 15°i unless specifically approved by the City Engineer. Erosion Control Measures shall be installed per the satisfaction of the City Engineer prior to said date. B. All grading and excavation shall conform to the geotechnical investigation report prepared for this project by Miller -Pacific Engineering Group dated April 8, 2014.. The project's geotechnical engineer and the City of Petaluma shall approve the grading plans. A. The design objectives for Keller Court Commons are to create a community following the Pocket Neighborhood Design (PND) concept. The most important aspect of the PND concept is a pedestrian friendly neighborhood. The design achieves this by arranging the homes around a commonly owned, landscaped courtyard with a view. Each home shall have a single detached garage sited along an alley like drive to the rear of the community. Thus residents live on a park not a parking lot. Additionally, all plans shall include functional covered front porches to further promote a sense of community. Another important feature is a small community building for private use of residents and guests. 2, rj The community building has no kitchen facilities (only a bar size sink), storage for tables and chairs, and a restroom accessed from the outside. B. The goal for the 'Keller Court Commons' is to respect the farm site by designing smaller, more sustainable structures deferential to the adjacent farmhouse at 200 West Street rather than trying to mimic it. The Community is designed to appear as a famistead, not unlike the pre-existing farm 'outbuildings'. The new buildings' massing and scale will be reminiscent of this Agrarian vernacular; yet a contemporary interpretation without being 'literal' copies of them. The materials used -- corrugated metal, asphalt shingle and metal roofing, metal / fiberglass clad windows, fiber cement, new / reclaimed wood board siding shall be consistent with this approach. C. Roofing material shall be class "A" rated or better corrugated, metal standing seam or high definition composition shingles. Built-up tar and gravel, cap sheet, single -ply, and similar roofs are only acceptable if not visible from any surrounding property. All of the above shall also conform to Covenants, Conditions and Restrictions (CC&R) requirements. D. No mechanical equipment, other than solar equipment and satellite dishes with a diameter no greater than 24 inches, shall be installed on any rooftop. Satellite dishes must be located to minimize being seen, and the location approved per the CC&R's. No mechanical equipment such as air conditioners may be installed on the exterior of the dwelling or within the lot. All of the above shall also conform to CC&R requirements. E. Solar equipment, panels, or other collectors shall be flat panels. Exposed supports, excessive lengths of exposed piping, etc., are strongly discouraged. All of the above shall also conforn to CC&R requirements. F. All exterior light fixtures shall be shown on plans subject to SPAR approval. All lights attached to buildings shall provide a soft "wash" of light against the wall. All lights shall conform to City Performance Standards (e.g., no direct glare, no poles in excess of 20 feet in height, etc.) and shall complement building architecture. VI. LOT SITING, SETBACKS, HEIGHT AND BULK A. Minimum Lot size shall be 2,000 square feet. No further subdivision shall be permitted. B. Building Setback to property lines shall be as shown on the `SETBACK EXHIBIT, Sheet TM -7 of the approved PUD Development Plan. The following improvements are permitted within the designated setback areas: 1. On -grade patios 2. Bay windows on lower level to a depth not greater than three feet 3. Chimneys 4. Roof overhangs for a distance not greater than three feet provided the projection shall not exceed one-half the width of the required setback. C. Height Limit: (The following stm7dard is similar to IZO R 2 Toning.) 2_ u 1. Primary Residences: 25 feet a. Exception 1. - Towers and cupolas 35 feet b. Exception 2. - Dormers no wider than 49% of the roof length can penetrate the roof mid -slope. 2. Accessory Structures: 15 feet a. Exception 1. - 2nd story non -dwelling space over garage building 3 - greater than 25 feet from the Parcel A north perimeter property line — up to 20 feet. 3. Definitions (relevant to height) a. Maximum Building Height shall be defined as the vertical distance measured from Average Grade plane to Mid -slope of gable or shed roof. b. Tower and cupolas shall be defined as a portion of building not exceeding 25% of the gross roof area measured horizontally, including eaves. c. Mid -slope shall be defined as the midpoint between the roof eave line and the roof ridge line of the main roof. d. Average Grade plane shall be determined by the average of the highest and lowest points where the building footprint comes in contact with Finish Grade. e. Finish Grade shall be defined as the ground surface AFTER building is constructed and finish grading is performed. D. There shall be no building additions after completion that results in an increase of the building footprint or floor area. No second story space shall be added over porches. Porches shall not be enclosed. Exception to this standard will require a PUD amendment per the requirements of the City of Petaluma Implementing Zoning Ordinance. VII. PARKING, BICYCLE PARKING AND ACCESS A. Parking for automotive vehicles shall be provided on the overall site at a minimum ratio of one parking space per bedroom. This parking standard is the current city multi -fancily parking standard. B. Private Garages — Each lot shall be permanently assigned in the CC&R's one private garage. The private garage shall be fully enclosed, have an eight -foot wide garage door, a motorized garage door opener, and a minimum interior dimension of 10 -feet by 20 -feet. C. Unassigned Open Parking Spaces — Of the total 17 parking spaces provided, nine shall be unassigned surface spaces. The unassigned uncovered spaces are for both residents and guests. The open unassigned spaces may not be subsequently assigned to any lot or person. D. Bicycle Parking — A minimum of one bicycle parking space, with stand, shall be provided per each lot in a secure area (garage) within or adjacent to the common area. E. Walks — The walks within the courtyard and from the parking to the residences shall be a minimum of four feet wide. Wallas within lots shall be a minimum of three feet wide. The project is not subject to the accessibility regulations of the California Building Code as currently adopted. VIII. LANDSCAPE AND FENCING A. Landscaping and fencing for Keller Court Commons shall be as shown on the approved PUD Master Landscape and Fence Plans. B. The developer shall be responsible for installing common area and parking area landscaping, irrigation and project fencing and maintenance of all items until maintenance is transferred to the Homeowners Association (HOA). C. Individual lot owners shall be responsible for installing landscaping, and irrigation, within their private yard within 4 months of purchase. Until the lot is purchased the developer shall maintain all lots. The developer shall install landscaping in any lot not purchased by July 1" of the year following completion of the project. D. Future replacement of plants as shown on the PUD Master Landscape and Fence Plan may be allowed if plants used are from the proposed plant lists as shown on said plan. The Planning Manager may approve significant modifications to the approved plant list. E. All fence replacement must comply with the PUD Fence Plan. Modifications to the approved fence design may be approved in accordance with Section 19.040.E.4 of the Implementing Zoning Ordinance as well as the requirements of the CC&R's. F. All trees shall be a minimum of 15 gallon in size unless otherwise specified; smaller (5 gallon) may be considered in areas not subject to high pedestrian access or based on site specific and design purposes. All trees shall be installed to City planting and staking standards. All shrubs shall be a minimum five -gallon size. All planted areas not improved with lawn or groundcover material shall be protected with a two-inch deep bark mulch as a temporary measure until the groundcover is established. G. All plant material within the common area shall be served by an automatic underground spray, drip or stream bubbler irrigation system consistent with the approved landscape plans. H. All planting on each lot shall be maintained in good growing condition by the property owner. Maintenance of the "common" area will be addressed through the CC&R's for the project. 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. L Linear root barrier systems shall be utilized for trees near public streets, driveways or walkways as needed, subject to City standards. J. All turf. groundcovers and shrubs shall be kept a minimum of two feet from the base of all newly planted trees. K. Landscape construction drawings shall contain detailed planting and irrigation plans for all landscaping, subject to City standards. Plans shall identify all proposed species and plant spacing and shall include planting details consistent with City standards. L. Underground utilities such as water meters and sewer laterals shall be placed to avoid conflict with tree planting locations. Transformer vaults, fire hydrants and light standards shall be located to accommodate the landscape plan without compromising safety. M. All work within a public -right -of way requires an encroachment permit from the Department of Public Works. IX. CONSTRUCTION A. All grading and major dust generating activities, when practical, shall be conducted in a manner that contains the dust within the immediate boundaries of the construction site. B. Construction activities shall comply with applicable Implementing Zoning Ordinance and Municipal Code Performance Standards (noise, dust, odor, etc.). C. Prior to any construction activity on the site, protective fencing shall be installed at the drip line of existing trees located within the inumediate vicinity of proposed construction activity. These trees are identified for preservation per the arborist report prepared for the project. City Staff shall be notified by the project proponents prior to commencement of any work proposed closer than the drip lines of trees recommended for preservation except as previously approved by the Arborist. All such activity, including excavation, pruning and root work shall be conducted under the supervision of the consulting arborist who will report to staff, with costs borne by the project proponents. D. High or moderate value trees in good condition (as identified under the arborist report by Horticultural Associates dated February 24, 2014) proposed for retention but subsequently damaged or removed during the course of construction shall be replaced by the developer at the rate of three -15- gallon size trees for each six inches of trunk diameter removed or damaged, as recommended by the consulting arborist. Species and location of the replacement trees shall be from the approved landscape plan. E. All City -authorized grading and construction activity shall be limited to the hours between 7:30 am and 5:00 pm, Monday through Friday, and 9:00 ani and 5:00 pm on Saturday, provided noise levels generated are within the limits of tine City of Petaluma noise limits. No construction work shall be permitted on recognized Federal holidays and Sundays. The developer shall designate a construction management person responsible for responding to any complaints generated regarding excessive noise during construction. A telephone number for contacting the designated individual shall be conspicuously posted at the construction site. The responsible authority shall determine the cause of noise complaints received and implement reasonable measure to resolve the issues. City staff shall monitor complaints received and take reasonable steps to resolve issues in a timely manner as they arise, including enforcement of abatement procedures to bring violations into conformance with the City General Plan and Implementing Zoning Ordinance Performance standards. X. UNACCEPTABLE USES AND PRACTICES The following uses and practices are deemed to be nuisances: A. No use or practice shall be penmitted to exist or operate within this property so as to be offensive or detrimental to any adjacent use, property, or its occupants, including residential inhabitants of adjacent property. B. Visible storage of junk, trash, mechanical equipment or non -operational vehicles; unpermitted storage of prohibited materials such as petroleum, oil, pesticides, paints, medical wastes and other hazardous materials. C. Any use, excluding reasonable construction activity, which emits particulate or gaseous matter, emits dust, sweepings, dirt or cinders into the atmospheres, or discharges liquid, solid wastes, or other matter into any stream, water course, river or other waterway, any of which activities may adversely affect the health or safety of persons, or vegetation, or comfort of or intended reasonable use of property by persons within the area. D. The discharge of any fumes, odor, gases, vapors, steam, acids or other substance into the atmosphere which in the opinion of the City may be detrimental to the health, safety or welfare of any person, or may interfere with the comfort of persons within the area, or which may be harmful to property or vegetation. E. The radiation or discharge of intense glare or heat, or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation. F. Any use which has the potential to create public health, fire or explosion hazard in the opinion of the City Fire Marshal. G. Excessive noise defined as that exceeding the decibel levels established in the City of Petaluma General Plan and brnplementing Zoning Ordinance. H. Excessive emissions of smoke, stream, or particular matter, defined as exceeding the standards established by the Bay Area Air Quality Management District. L Vehicle repair. XI. EXCEPTIONS TO STANDARDS A. After adoption of the PUD standards, and during construction or upon completion, whenever the standards contained in the PUD program do not address an aspect of physical development or use within the development, the Planning Manager may approve minor modifications in unit architecture or site design per Chapter 19.040.E.4. The Manager may also refer such questions of modifications of development standards and/or uses to the Planning Commission, the body charged with site plan and architectural review, for a decision. Significant modifications to the approved PUD, shall be made only by resolution of the City Council. Any decision by the Director or Planning - 2 " lanning 2" 10 Commission may be appealed to the City Council through standard appeal procedures contained in the Implementing Zoning Ordinance.