HomeMy WebLinkAboutPlanning Commission Resolution 2016-05 05/10/2016RESOLUTION NO. 2016-05
CITY OF PETALUMA PLANNING COMMISSION
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN
AND ARCHITECTURAL REVIEW FOR THE EAST WASHINGTON COMMONS PROJECT
LOCATED AT 817, 821, AND 825 EAST WASHINGTON STREET
APNs: 007 - 022 -033, 007 - 022 -055, and 007 - 022 -058
FILE NO. PLMA -16 -0004
WHEREAS, Jerry Kler, on behalf of the property owner, submitted applications for Site Plan and
Architectural Review and a Conditional Use Permit for the construction of a 24 -unit apartment building
with on -site parking and tenant amenities at the ground floor, residential units on the second and third
floors, and other associated site improvements located at 817, 821, and 825 East Washington Street; and
WHEREAS, the project has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and determined to be categorically exempt pursuant to CEQA Guidelines Section
15332 (In -Fill Development Projects), Class 32, which allows for in -fill development projects meeting
specific conditions in this section, and is not subject to any of the exceptions to the use of a categorical
exemption stated at CEQA Guidelines Section 15300.2, and as further described in Attachment E of the
May 10, 2016 Planning Commission Staff Report; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider Site Plan and
Architectural Review of the proposed project on May 10, 2016; and
WHEREAS, public notice was published in the Argus- Courier and mailed to residents and
occupants within 500 feet of the project site in compliance with state and local law.
NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby approves Site Plan and
Architectural Review for the East Washington Commons project based on following findings and subject
to conditions of approval attached as Exhibit 1:
1. The project conforms to the intent, goals, and policies of the Petaluma 2025 General Plan, including
policies for the Washington Core Subarea, in that the project: 1) provides residential uses within a
mixed use corridor intended to reflect a wide range of uses spread horizontally along arterial
corridors with a diversity of uses across parcels rather than within single parcels, 2) meets the
intended Floor Area Ratio (FAR) and residential density of the Mixed Use land use designation, 3)
encourages infill development at equal or higher density and intensity than surrounding uses, and
within the Urban Growth Boundary, 4) strengthens the visual and aesthetic character of a major
arterial corridor, while also providing an active ground level public courtyard with associated public
amenities, 5) encourages the development of housing on underutilized land, and 6) promotes the
use of energy conservation features in the design of residential development.
2. The project is consistent with the City's Implementing Zoning Ordinance for the Mixed Use 1 A zoning
district in that the project complies with all development standards for the MU1 zone, including
setbacks, building height, parking requirements, FAR, and usable open space, and is consistent with
the intent of the City's General Plan, as discussed above. The project introduces a multi - family
residential development on a site that allows multiple - dwellings as a conditional use, where the
Planning Commission approved a Conditional Use Permit for this project through Resolution 2016 -04.
Planning Commission Resolution No. 2016 -05 Page 1
3, The project is consistent with Implementing Zoning Ordinance §24.010 - Site Plan and Architectural
Review, in that all required findings for Site Plan and Architectural Review found in §24.010(G) can
be made as follows:
a. The project includes the use of quality materials, such as stucco and metal siding, metal
cornices, brushed aluminum windows, and concrete planters. The use of these materials ensures
harmony and proportion with the overall design of the site, as similar colors and materials are
used on both the primary and accessory detached structures. The project includes these
materials, as well as various architectural design features (e.g. flat roof, wall insets, and
translucent glass), applied equally across all building elevations;
b. The architectural style of the proposed buildings is appropriate and compatible with the overall
character of the neighborhood in that similar building features (e.g. metal cornice, flat roof) and
siding materials (e.g. stucco) will be used to ensure the project is in keeping with the surrounding
neighborhood while also providing a high level of design aimed at improving the overall
aesthetics of the East Washington corridor;
c. The siting of the primary and detached accessory structures on the property is consistent with
the siting of other structures in the neighborhood, as well as all required setbacks as outlined for
the MU 1 zoning district, in that: 1) the structures are placed outside of the required setbacks, 2)
the primary building maintains privacy between neighboring properties through an increased
setback and the introduction of walls, fences, and landscaping, and 3) several other
surrounding structures are closely sited to East Washington Street to create an active mixed -use
corridor that is pedestrian- oriented;
d. The size, location, design, color, number, lighting, and materials of any sign on the project site will
be reviewed through the Sign Permit process and in conformance with IZO Chapter 20 (Signs
and Sign Structures);
e, The bulk, height, and color of the proposed structures are in harmony with existing structures in
the immediate neighborhood in that: 1) the flat roof is compatible with some other structures
found within the neighborhood, 2) the proposed primary building height of 33 (flat roof) and 35
feet -6 inches (skylights) does not exceed the maximum allowed building height of between 33
and 45 feet, depending upon specific areas of the building and an irregularly- shaped rear
property line, 3) the proposed accessory detached structure building height of 12 feet
(measured at highest point of sloped roof) does not exceed the maximum allowed accessory
structure height of 20 feet, as permitted by the MUl zone, and 4) the buildings are painted in
tones complementary to the East Washington corridor;
Proposed landscaping is in keeping with the character and design of the site and will
significantly improve the overall aesthetics of the site, primarily along the East Washington
frontage. All existing trees and shrubs will be removed to accommodate project construction,
and no protected trees will be removed as part of the project. Drought - tolerant landscaping will
be installed throughout the site, including various trees, grasses, vines, and succulent gardens in
keeping with the character of the building, Six existing street trees along East Washington will be
removed and replaced, with one additional tree added for a total of seven street trees. Lastly,
the applicant is required to comply with the Model Water Efficient Landscape Ordinance at
Building Permit through the submission and approval of a Landscape Document Package; and
g. The project's ingress, egress, internal circulation for bicycles and automobiles, off - street
automobiles and bicycle parking facilities and pedestrian ways promote safety and
convenience in that: 1) adequate queuing space is provided between East Washington Street
and the entry/exit gates, so as not to create backup hazards into the street, 2) adequate
parking, both covered and uncovered, is provided onsite which meets all parking stall dimension
and backup space requirements, 3) the one -way driveway would create a singular direction of
Planning Commission Resolution No. 2016 -05 Page 2
car movement through the site, thereby reducing potential hazards, and 4) automobiles will be
only be able to turn right in and out of the project site, which prohibits left- handed turns on a
busy arterial. It should be noted that the size, use, and unit count of the proposed project did not
warrant a traffic study.
ADOPTED this 10th day of May, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Barrett
X
Vice Chair Benedetti - Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
Joceln Lin, Chj it
ATTES . APPROVED ASfORM:
Vx
4
rather Hines, Co 'mission Secretary Eric W. Danly, Cify4P,ttorney
Planning Commission Resolution No. 2016 -05 Page 3
Exhibit 1
SPAR CONDITIONS OF APPROVAL
East Washington Commons Project
Located at 817, 821, and 825 East Washington Street
APNs: 007 - 022 -033, 007 - 022 -055, and 007 - 022 -058
File No. PLMA -16 -0004
Planning Division
Standard Conditions of Approval
1. Plans submitted to the City of Petaluma for purposes of construction shall be in substantial
conformance with the plans and color /material board on file with the Planning Division and date
stamped April 11, 2016 and incorporate the following modifications:
• Wire mesh fencing shall be a dark neutral instead of the white shown on plans.
• Revised landscape plans shall increase size of red maples along rear property line to 24 inch
box at time of planting.
• Include apartment furnished interior window coverings for all units to ensure a consistent
aesthetic along East Washington Street.
• Provide window specifications to demonstrate that interior decibel levels will meet all
applicable code requirements.
2. This approval is granted for and contingent upon construction of the project as a whole, in a
single phase, with the construction and /or installation of all features approved and required
herein. Modifications to the project, including but not limited to a change in construction
phasing, shall require Site Plan and Architectural Review in accordance with IZO §24.010.
3. Prior to the issuance of any construction permits, these conditions of approval shall be included
with the plan set. A copy of the approved plans shall be maintained onsite when construction
activities are occurring.
4. Prior to residential occupancy, all applicable development impact fees shall be paid.
5. The site shall be kept cleared at all times of garbage and debris. No outdoor storage shall be
permitted
6. Construction activities shall comply with performance standards specified in Implementing
Zoning Ordinance Chapter 21, except that construction hours shall be limited to the following:
a. 8:00 AM to 6:00 PM Monday through Friday;
b. 9 :00 AM to 5:00 PM on Saturdays; and
c. No construction on Sundays and all holidays recognized by the City of Petaluma.
Planning Commission Resolution No. 2016 -05 Page 4
7. The contractor(s) shall implement basic and additional air quality construction measures set forth
By BAAQMD, including the following:
a. Watering of all active construction areas (staging, parking, soil piles, graded areas, unpaved
driveways, etc.) shall be performed at least twice daily.
b. Cover all haul trucks transporting soil, sand, or other loose materials offsite.
c. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas.
Sweep streets daily (with water sweepers) if visible soil material is deposited onto adjacent
roads.
d. Limit traffic speeds on any unpaved roads to 15 mph.
e. Suspend construction activities that cause visible dust plumes that extend beyond the
construction site.
f. A certified mechanic shall verify that equipment used for construction purposes is properly
tuned and maintained in accordance with manufacturer specifications.
g. Idling times shall be limited to 5 minutes or less pursuant to the "no idling" rule for in -use
off -road diesel - fueled vehicles. Signage during construction shall be posted at the
construction site indicating the idle time limitation.
h. All diesel - powered off -road equipment larger than 50 horsepower and operating at the site
for more than two days continuously shall meet U.S. EPA particulate matter emissions
standards for Tier 2 engineer or the equivalent.
i. Diesel - powered generators or air compressors shall not be used on -site for more than two
days continuously, unless under emergency conditions.
j. Post a publicly visible sign with the telephone number of designated person and person to
contact at the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be visible to
ensure compliance with applicable regulations.
8. Construction site watering shall be performed in conformance with the City of Petaluma Water
Shortage Contingency Plan Stage 2 provisions. Use of potable water is limited to one truck load
per day for the purposes of dust control. Additional daily water needs shall be met with recycled
water.
9. Prior to building or grading permit issuance, the applicant shall provide a Construction Phase
Recycling Plan that would address the reuse and recycling of major waste materials (soil,
vegetation, concrete, lumber, metal scraps, cardboard, packing, etc.) generated by any demolition
activities and construction of the project, in compliance with General Plan Policy 2 -P -122 for
review by the planning staff.
10. If during the course of ground disturbing activities, including, but not limited to: excavation,
grading and construction, a potentially significant prehistoric or historic archeological resource is
Planning Commission Resolution No. 2016 -05 Page 5
encountered, all work within a 100 foot radius of the find shall be suspended for a time deemed
sufficient for a qualified and city- approved cultural resource specialist to adequately evaluate and
determine significance of the discovered resource and provide treatment recommendations.
Should a significant archeological resource be identified a qualified archaeologist shall prepare a
resource mitigation plan and monitoring program to be carried out during all construction
activities.
11. In the event that paleontological resources, including individual fossils or assemblages of fossils,
are encountered during construction activities all ground disturbing activities shall halt and a
qualified paleontologist shall be procured to evaluate the discovery and make treatment
recommendations.
12. In the event that human remains are uncovered during earthmoving activities, all construction
excavation activities shall be suspended and the following measures shall be undertaken:
a. The Sonoma County Coroner shall be contacted to determine that no investigation of the
cause of death is required.
b. If the coroner determines the remains to be Native American the coroner shall contact the
Native American Heritage Commission within 24 hours.
c. The project sponsor shall retain a City- approved qualified archaeologist to provide adequate
inspection, recommendations and retrieval, if appropriate.
d. The Native American Heritage Commission shall identify the person or persons it believes to
be the most likely descended from the deceased Native American, and shall contact such
descendant in accordance with state law.
e. The project sponsor shall be responsible for ensuring that human remains and associated
grave goods are reburied with appropriate dignity at a place and process suitable to the most
likely descendent.
13. All exterior lighting shall be directed onto the project site and access ways and shielded to prevent
glare and intrusion onto adjacent properties.
14. Bicycle racks shall comply with size dimensions and location requirements of the Bicycle and
Pedestrian Master Plan. Applicant shall ensure adequate access to each bicycle rack from all sides
and avoid placing racks too close to any wall or structure. Additional bike parking, including both
enclosed and exterior racks, shall be incorporated into building permit plans. The number of
additional spaces shall be the maximum practicable in the approved site layout.
15. All plantings 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.
Planning Commission Resolution No. 2016 -05 Page 6
16. 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.
17. All tree stakes and ties shall be removed within one year following installation or as soon as trees
are able to stand erect without support.
18. No signage is approved by this permit. Separate sign permits in compliance with Chapter 20 of
the Implementing Zoning Ordinance shall be obtained prior to the installation of signage.
19. Prior to commencing construction activities, a sign shall be posted on the site regarding the
allowable hours of construction and contact information for complaints. Proof of sign installation
shall be provided to the Planning Manager prior to construction commencing.
20. 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.
Special Conditions of Approval
21. Plans submitted for Building Permit shall incorporate proposed sustainability measures as
represented in SPAR/CUP plans approved by the Planning Commission on May 10, 2016, and
include the following modifications:
• Conduit to facilitate future installation of at least two additional electric vehicle charging
stations shall be installed in addition to the three proposed charging stations indicated on the
approved plans.
• Thermal solar may not be practicable onsite, contingent upon exploration of installation and
associated costs.
22. Prior to building permit issuance, the applicant shall submit for and receive approval for Merger
of the lots proposed to become East Washington Commons (APNs 007 - 022 -033, 007 - 022 -055,
and 007 - 022 -058).
23. Building permit plans shall demonstrate the location of all mechanical equipment, fire risers, and
utility lines and shall be properly screened to the maximum extent possible. Roof top equipment
shall be avoided to the extent possible and if needed shall be minimized to the greatest extent
practicable and shall be located at the center of the roof to minimize visibility.
Planning Commission Resolution No, 2016 -05 Page 7
24. All standpipes, check valves and other utilities shall be placed underground or fully screened
from view by decorative screening structures or landscaping to be reviewed and approved by the
Planning Manager.
25. Prior to building permit issuance, street tree species shall be reviewed and approved by the Tree
Advisory Committee.
26. During project construction and prior to the installation of proposed fencing along the site
frontage, the Planning Manager shall review fence placement in the field and modify as
necessary to address potential safety concerns within landscaped seating areas beneath the
building.
Department of Public Works and Utilities
The following conditions of approval shall be addressed prior to issuance of a building permit:
27. Frontage improvements including, but not limited to, remove and replace the existing sidewalk,
curb and gutter, streetlights, landscaping and signage.
28. The existing streetlight shall be removed and two new, LED streetlights per City standards shall
be installed along the project frontage, one at each proposed driveway.
29. The proposed westerly driveway approach shall be "right out" only and the easterly approach
shall be "right in" only. The approaches shall be commercial driveway approaches with 5 -foot
radius returns and shall provide accessible path of travel through the approaches. One way and
"right turn only" signage and striping shall be installed at the project ingress /egress points and
existing median within East Washington Street.
30. Full circle clamps shall be installed on the existing water main in east Washington Street as part
of the relocated fire hydrant and combination service.
31. All storm water from the new development shall be collected on -site and discharged to an
approved public storm drain system. No lot -to -lot drainage is allowed.
32. Comply E12 post construction drainage requirements in the "BASMAA Post - Construction
Manual: Design Guidance for Stormwater Treatment and Control for Projects in Marin, Sonoma,
Napa, and Solano Counties." Submit a construction level report and plans with the building
permit application demonstrating compliance with the E12 requirements.
33. The project shall comply with E10 (construction erosion and sediment control) requirements.
Complete the City's "Construction Erosion and Sediment Control Plan Applicant Package" and
submit with the building permit application.
34. Record a private storm drain easement for the proposed storm drain line on APN 007 - 022 -059.
35. The proposed sewer lateral shall connect to the existing sewer manhole within East Washington
Street. A blind connection is not allowed.
36. Submit joint trench plans with the building permit application.
Planning Commission Resolution No, 2016 -05 Page 8
37. Per California Code of Regulations Title 23. Waters Division 2. Department of Water Resources
Chapter 23. Model Water Efficient Landscape Ordinance § 492.3, the applicant must submit a
Landscape Document Package including a soil management report, irrigation design plan, and
applicant signature and date with statement, "I agree to comply with the requirements of the
water efficiency landscape ordinance and submit a complete Landscape Document Package ".
38. The exact location of pavement cuts and conforms, as well as limits of paving shall be approved
by the City of Petaluma. Pavement trench sections shall match existing sections or be a minimum
of 5- inches, whichever is greater.
39. An encroachment permit is required for any work in public right -of -way. All design and
construction work shall be in accordance with City of Petaluma standards.
Planning Commission Resolution No. 2016 -05 Page 9