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HomeMy WebLinkAboutStaff Report 4.A 02/22/2016Agenda Item #4.A y, DATE: February 22, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Emmanuel Ursu, Principal Planner Heather Hines, Planning Manager I SUBJECT: Adoption (Second Reading) of an Ordinance approving a Zoning Map Amendment to rezone the North McDowell Commons Property located at the southeasterly intersection of Palo Verde Way and North McDowell Boulevard from Residential -4 (R4) to Planned Unit District (PUD) and approve the PUD Development Standards. RECOMMENDATION It is recommended that the City Council Adopt an Ordinance approving a Zoning Map Amendment to rezone the North McDowell Commons Property located at the southeasterly intersection of Palo Verde Way and North McDowell Boulevard from Residential -4 (R4) to Planned Unit Development (PUD) and approve the PUD Development Standards. BACKGROUND At their meeting of January 25, 2016, the City Council approved, by a vote of 5 -1 -1 (Mayor Glass Absent), introduction of the ordinance to rezone the 2.1 -acre parcel located at the southeasterly intersection of Palo Verde Way and North McDowell Parkway (APN: 137 -061- 026) from Residential R -4 to Planned Unit District (PUD). At the same meeting the City Council approved a resolution approving a Tentative Subdivision Map to divide the existing parcel into nine lots. The draft ordinance was introduced as presented at the hearing, no changes were made. ATTACHMENT 1. Ordinance Attachment 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENING ZONING ORDINANCE NO. 2300 N.C.S. (IZO), TO REZONE THE PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF PALO VERDE WAY AND NORTH MCDOWELL BOULEVARD FROM RESIDENTIAL 4 (R4) TO PLANNED UNIT DISTRICT (PUD) APN: 137 - 061 -026 FILE NO. PLMA -15 -0005 WHEREAS, on May 28, 2013, the Planning Commission adopted a Mitigated Negative Declaration (MND) and approved a Site Plan and Architectural Review application for the development of 34 new single - family and duplex residential rental dwellings on property located at the southeasterly corner of Palo Verde Way and North McDowell Boulevard (APN 137 -061- 026 and rehabilitation of the historic Hansen House on property located at 718 North McDowell Boulevard; and WHEREAS, after construction commenced, on September 1, 2015, the project applicant, Hugh Futrell Corporation/North McDowell Commons, LLC, submitted applications to the City of Petaluma for a Zoning Map Amendment (File No. PLMA -15 -0005) for the property located at the southeasterly corner of North McDowell Boulevard and Palo Verde Way (APN:137 -061- 026) ( "the Project" or the "proposed Project "); and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project, including the proposed Zoning Map Amendment and PUD Development Standards and Design Guidelines on December 8, 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 8, 2015 the Planning Commission approved Resolution No. 2015 -23 recommending the City Council rezone the subject parcel (APN 137 -061 -026) from R4 to North McDowell 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 January 25, 2016, the City Council held a duly noticed public hearing to consider the proposed Zoning Map Amendment and PUD Development Standards and Design Guidelines; and WHEREAS, the project is consistent with the project analyzed in the Mitigated Negative Declaration (MND) adopted by Planning Commission on May 28, 2013 via Resolution No. 2013 -009 N.C.S. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1 — Findings. The City Council approves the Zoning Map Amendment to change the zoning of the property located at the southeasterly corner of North McDowell Boulevard and Palo Verde Way from R4 to North McDowell Commons PUD, based on the findings made below: 1. The proposed amendment to the IZO, to rezone the subject parcel (APN: 137- 061 -026) to PUD is consistent with and implements the Medium Density Residential land use classification of the General Plan that exists for the parcel. The proposed density of 15.62 dwelling units per net acre is within the allowable density range of the Medium Density Residential designation of 8.1 to 18.0 du/acre. The proposed rezoning results in a use that is compatible with the established character of the surrounding neighborhood and the medium - density residential character of the project surroundings. 2. The PUD is proposed on property which has a suitable relationship to North McDowell Boulevard, a major north -south thoroughfare on which the project fronts and which has adequate capacity to carry anticipated traffic generated by the development. Project access to North McDowell Boulevard is provided via Palo Verde Way located along the north side of the site. 3. The plan for the proposed development 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 screening is included to insure compatibility. The siting of the eight single - family homes along Wood Sorrel Drive is such that residences face the streets and maintain a front yard setback that is consistent with existing residences on adjoining residential streets including Wood Sorrel Drive, Woodside Circle and Capri Avenue. The siting of the residences in this orientation allows for the use of rear yards that benefit from the more private interior of the development. This orientation not only allows for acoustical protection from the street for the residents from traffic but also helps to provide a sense of community. In addition, landscaping including street trees and trees in front and rear yards and along the property line adjoining the adjacent open space are included to enhance compatibility with the nearby properties. 4. The natural and scenic qualities of the site are protected, with adequate public and private spaces designated on the Unit Development Plan. Scenic qualities of the site will be protected and enhanced by limiting tree removal to four trees and adding 66 new trees and approximately 540 shrubs. Adequate public and private spaces are provided including a common area playground, private yards and pedestrian access to the Capri Creek open space area adjacent to the project site. 5. The development of the subject property, in the manner proposed by the applicant, 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 zoning regulations of the City of Petaluma, with the Petaluma General Plan, and with any applicable plans adopted by I the City. The project is in the best interests of the City in that it adds to the housing supply, consistent with Goal 1 of the Housing Element of the Petaluma General Plan, is in keeping with the general intent and spirit of the zoning regulations in that the design, layout and density is consistent with the existing surrounding neighborhoods and the overall density of the project at 15.62 units per acre is consistent with the density range of 8.1 to 18 units per acre specified in the General Plan land use designation for the site. 6. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and the 2013 adoption of a Mitigated Negative Declaration and mitigation measures for the approval of a Site Plan and Architectural Review application for development of 34 dwelling units on the project site. The Tentative Subdivision Map and PUD applications are consistent with the project analyzed in the Mitigated Negative Declaration (MND) adopted by Planning Commission on May 28, 2013 via Resolution No. 2013 -009 N.C.S. Mitigation Measures approved with the MND reduce potentially significant environmental effects below the threshold of significance, and those mitigation measures continue to apply to the subject project as conditions of approval. No additional environmental review is required for the following reasons: (a) there have been no substantial changes to the project; (b) there have been no substantial changes to the circumstances under which the project is being undertaken; and (c) there is no new information, which was not known and could have been known at the time the MND was approved, that has become available. 7. The project, as conditioned per the resolution approving the Tentative Subdivision Map (Resolution No. 2016 -24), complies with the applicable provisions of the Municipal Code and the General Plan. 8. The Unit Development Plan for North McDowell Commons Subdivision shall be subject to the applicable conditions of the Tentative Subdivision Map for the project and the May 2013 Site Plan and Architectural Review approval and Mitigation Measures adopted as conditions of approval. Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby amended to modify the zoning district of the property located at the southeasterly comer of North McDowell Boulevard and Palo Verde Way (APN: 137 - 061 -026) to Planned Unit District (PUD). 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 part 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. ) -3 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 25th day of January 2016. ADOPTED this day of , 2016 by the following vote: l -4 Exhibit A PUD DEVELOPMENT STANDARDS AND DESIGN GUIDELINES NORTH MCDOWELL COMMONS January 25, 2016 I. PURPOSE: A. The purpose of this document is to provide written standards and design guidelines for the development and prospective modifications of the North McDowell Commons Subdivision consistent with the design objectives described below in section I.B. B. Design objectives for the North McDowell Commons area development that is sensitive to abutting private and public lands, including the historic Hansen House, while providing rental and ownership opportunities for compact one- and two - bedroom, community- oriented homes with pedestrian and bicycle connections to established trails and with open space and playground amenities. These objectives are accomplished by a compact, pedestrian friendly community with clustered homes. The homes are both single- family detached and multifamily attached units, where eight of the detached units are on lots that differ in size from R4, medium density zoning specifications. This clustering of varied housing types, along with the restoration of the historic Hansen House to 2013 CA Buildings Code, achieves a pedestrian oriented neighborhood by orienting homes around a landscaped paseo. Duplexes, two detached single - family homes and the Hansen House are connected via a private alley named Hansen Way and an interior landscaped paseo. Eight detached single - family homes front Wood Sorrel Drive and are designed to complement and enhance the scale and design characteristics of existing homes on Wood Sorrel Drive, Capri Avenue and Woodside Circle. C. The Planned Unit District (PUD) provides a more community- oriented design than that provided by traditional R4 lots. D. 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. E. 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 USE: 1. Single - Family detached dwellings on Lots 1 through 8 l -5 2. Twelve duplexes and two detached single - family dwellings on Lot 9. B. ACCESSORY USES: 1. Private garages and off - street parking areas. 2. Commons playground as gathering space for use by residents and guests only. 3. Home occupations consistent with Petaluma Implementing Zoning Ordinance. 4. Short -term vacation rentals consistent with the Petaluma Implementing Zoning Ordinance. 5. Pedestrian and bicycle paths. C. PROHIBITED USES AND STRUCTURES: 1. All prohibited uses shall be in accordance with Residential 4 (R4) 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. Swimming pool, hot tub, spa. 5. Accessory structures. III. PROCEDURES A. The developer shall complete construction of the project, including site layout, architecture, landscaping and other site amenities consistent with Site Plan and Architectural Review approval granted on May 28, 2013 by the Planning Commission. B. Minor modifications to the PUD Development Plan may be approved in accordance with Section 19.040.E.4 of the Implementing Zoning Ordinance. C. No modification of a building envelope (i.e. addition) is permitted without amendment of the PUD per the requirements of the IZO. D. Future repair, maintenance and replacement of any exterior improvements shall be consistent with the SPAR plans approved by the Planning Commission on May 28, 2013, including colors and materials. Changes to exterior improvements, excluding additions, may be approved by the Planning Manager, or at the discretion of the Planning Manager, may be referred to the Planning Commission. E. 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 Implementing Zoning Ordinance. 14 IV. GRADING, DRAINAGE, ACCESS, PARKING, ARCHITECTURAL DESIGN, LANDSCAPING AND AMENITIES All grading, drainage, roads, parking, architectural design, landscaping, fencing and amenities (e.g. playground and pedestrian and bicycle trails) shall conform to the Master Plan which received SPAR approval (13SPC0082) by the Planning Commission on May 28, 2013. V. COMMON AREA MAINTENANCE AND ACCESS A. All improvements, including landscaped areas and paving and walkways within Lots 1 -8 shall be maintained by the individual owners of those lots. B. All improvements, including landscaped areas, play area, parking, and paving and walkways on Lot 9 shall be maintained by the owners of Lot 9. C. Owners of Lots 1 -8 and of the Hansen House (APN: 137- 061 -035) shall have access to the landscaped paseo, interior walkways and play area on Lot 9. In addition, the owner of the Hansen House shall have vehicular access over the private roads on Lot 9. D. As a condition of the tentative subdivision map, covenants, conditions and restrictions (CC &Rs) shall be recorded against all lots of the project prior to recordation of the final subdivision map. The CC &Rs shall provide owners of Lots 1 -8 and of the Hansen House access to the landscaped paseo, interior walkways and play areas. In addition, the CC &Rs shall grant vehicular, pedestrian and bicycle access over the private roads on Lot 9 to the owner of the Hansen House. The CC &Rs may provide for a roughly proportional reimbursement of maintenance and replacement costs of the landscaped paseo, interior walkways and play areas from the owners of Lots 1 -8 and the Hansen House to the owner of Lot 9 and of the private roads from the owner of the Hansen House to the owner of Lot 9. VI. LOT SITING, SETBACKS, HEIGHT AND BULK Lot Size Minimum area 2,300 sf a 3,500 sf Minimum width Interior lot 35 ft J 35' ft Corner lot 45 ft 45 ft Minimum depth 48 ft' i 70 ft 1-1 Development Feature Setbacks Front 10 ft loft Side - Interior 3 ft 0 ft Rear 6 ft loft Garage front 20 ft 20 ft Site 'Coverage Primary structure 60% 60% Height Limit Principal Building 3S ft 3S ft VII. UNACCEPTABLE USES AND PRACTICES The following uses and practices are deemed to be nuisances: A. No use or practice shall be permitted 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. M 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 Implementing 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. I. Vehicle repair. XI. EXCEPTIONS TO STANDARDS 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 Manager or Planning Commission may be appealed to the City Council through standard appeal procedures contained in the Implementing Zoning Ordinance. 1-9