HomeMy WebLinkAboutStaff Report 5.B 09/12/2016Agenda Item #5.B
DATE: September 12, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Kevin Colin, Deputy Planning Manager
Heather Hines, Planning Manager
SUBJECT: Resolutions Relating to an Appeal of the Planning Commission's Denial of a
Conditional Use Permit and Site Plan and Architectural Review for the Marina
Apartments Project.
RECOMMENDATION
It is recommended that the City Council consider Basin Street's appeal of the Planning
Commission's non - action on the Marina Apartments project and either:
a) Adopt a resolution denying the appeal and upholding the Planning Commission's non action,
effectively denying the Conditional Use Permit; and
b) Adopt a resolution denying the appeal and upholding the Planning Commission's non action,
effectively denying the Site Plan and Architectural Review.
OR
c) Adopt a resolution granting the appeal and overturning , the Planning Commission's non
action on a Conditional Use Permit; and
d) Adopt a resolution granting the appeal and overturning the Planning Commission's non
action on Site Plan and Architectural Review.
BACKGROUND
Project Location
The project proposes to locate a new apartment building on a triangular parcel at the Petaluma
Marina, adjacent to Lakeville Highway /State Route 116 and the US 101 northbound on-
ramp /southbound off -ramp. This site, shown at Figure 1, is the last remaining area of
undeveloped land in the Marina.
The Marina is an approximate 30.59 -acre area at the southern edge of Petaluma's urbanized area
where it transitions into open and sparsely developed land. The Marina is generally bound by the
US 101, Petaluma River, Pacific Northwest Railroad, Lakeville Highway, and Alman Marsh.
Figure 1 — Apartment Building and Marina PCD Location.
Prior Public Meetings and Hearings
November 4, 2015: Pedestrian and Bicycle Advisory Committee (PBAC) - The PBAC
requested that access to the Alman Marsh trailhead be improved through
the use of pole- mounted signage and in -road signage. Presently, there is
no signage at Lakeville Highway or within the Marina property alerting
the public to the presence of the Alman Marsh trail head. The staff report
for this meeting is included at Attachment 5.
December 22, 2015: Planning Commission - The Planning Commission approved (3 -1) a
resolution recommending that the City Council adopt a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program.
However, a motion to approve an amendment to the Marina PCD resulted
in a tie vote (2 -2) which is considered a de facto denial pursuant to IZO
§25.050. In reviewing the project, the Planning Commission provided the
following comments:
1. Residential Use —A majority of Planning Commissioner's agreed that
a change of use from commercial to residential would be appropriate
for this location. There was also support for a mix of uses in the
Petaluma Marina.
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2. Class I Bike Path — A majority of Planning Commissioner's agreed
with staff's recommendation to condition the project to require the
construction of a Class I bike path across City -owned APN 005 -060-
065 and dedicate an access easement (for a future Class I bike path)
across APN 005- 060 -066.
3. Apartment Building Design — Two Commissioners expressed concern
about the apartment building's height and design.
The staff report for this meeting is included at Attachment 6. Though the
Planning Commission's comments were provided on an 80 -unit apartment
building, the Commission was apprised of the applicant's interest in
increasing the density to 90 units without change to the building height
and /or mass.
March 7, 2016: City Council — At the request of the applicant, the Council continued
consideration of the applicant's appeal of the Planning Commission's de
facto denial to April 4, 2016.
April 4, 2016: City Council The Council adopted Resolution No. 2016 -51 N.C.S.
approving a Mitigated Negative Declaration for the Project (including an
increase to 90 units) and adopted Resolution No. 2016 -52 N.C.S. granting
the appeal, overturning the Planning Commission's de facto denial, and
approving an amended Marina PCD.
The Council's deliberation at this meeting focused on the construction of a
Class I bike path across City -owned APN 005- 060 -065 and dedication of a
public access easement across APN 005- 060 -066. In the end, a majority of
the Council did not support including those features as conditions of the
project's approval. A majority of the Council also did not express concern
about the height and/or mass of the apartment building at this meeting.
The staff report for this meeting is included at Attachment 7.
July 12, 2016: Planning Commission — Motions to approve a Conditional Use Permit and
Site Plan and Architectural Review failed on a (1 -3) vote. No subsequent
motions to deny were presented resulting in denial by non - action. In
reviewing the project, the Planning Commission provided the following
comments:
Class I Bike Path — A majority of the Planning Commission agreed the
project should provide a Class I bike path across City -owned APN
005- 060 -065. An access easement dedication (for a future Class I bike
path) across APN 005- 060 -066 was not discussed. A majority of
Commissioners also agreed with staff's recommended approach to
seeking the retention and /or replanting of trees along the existing Class
I bike path immediately north of the proposed building.
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2. Apartment Building Design — A majority of the Planning Commission
expressed concern about the apartment building's height and design.
More specifically, the building was viewed as too tall and massive in
comparison to existing buildings at the Petaluma Marina. Additionally,
they wanted more of the design elements to be consistent with the
neighboring hotel.
4. Green Building — A majority of the Planning Commission expressed
an interest in seeing the project include additional green building
measures such as electric vehicle charging stations beyond that
required by code. The City Council's December 22, 2015 approval of
the PCD Amendment requires solar panel installation on all proposed
carports which is not required by code.
5. Conditional Use Permit — The Marina PCD requires a Conditional Use
Permit in order to ensure residential uses do not proliferate to the
detriment of commercial uses dependent upon and supportive of the
Marina. While a majority of the Planning Commission did not take
issue with the residential land use aspect of the project, concern was
raised about the ability to make the required finding related to the
building's compatibility with its environment.
The staff report for this meeting is included at Attachment 8.
Appeal
On July 18, 2016, the applicant submitted a valid and timely appeal of the Planning
Commission's denial by non - action of the requested Conditional Use Permit and Site Plan and
Architectural Review. The applicant's appeal seeks approval by the City Council of:
1. Site Plan and Architectural Review for the Project, subject to the conditions of approval
presented in the July 12, 2016 Planning Commission staff report, including modifications
presented by City staff at the Planning Commission hearing on July 12, 2016; and
2. A Conditional Use Permit without conditions.
Additionally, the applicant has offered the following two additional conditions to be added to the
Site Plan and Architectural Review approval:
3. An additional condition of approval requiring the applicant to make a $50,000
contribution to the City of Petaluma for multi -use path purposes or other capital needs of
the City prior to the issuance of the first certificate of occupancy for the Project; and
4. An additional condition of approval requiring 150% of the Cal Green Tier 1 requirements
regarding electric vehicle charging stations.
Project Description
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The proposed project consists of a new 90 -unit apartment building with associated site
improvements. Under the amended Marina PCD, multi - family land uses require a Conditional
Use Permit in order prevent a proliferation of residential uses and ensure compatibility between
uses. The Marina PCD also requires all new construction to obtain Site Plan and Architectural
Review. The following description summarizes elements of the project related to these permit
requirements.
Site Plan and Architectural Review
Figure 2 — Proposed Site Plan.
Site Plan: The proposed project locates a new L- shaped building, five- stories in height, upon an
existing unpaved area at the northeast corner of the Petaluma Marina. (See Figure 2 for site plan;
Sheet A1.01 of Attachment 9) Surface parking spaces surrounding the new building are already
paved and striped. The project includes a proposal to construct carports for ninety (90) spaces to
the immediate north and south of the new building. An unenclosed courtyard for residents is
located at the north building elevation.
The project would connect the existing Class I bike trail immediately north of the new building
to an existing sidewalk on the west side of Baywood Drive. Three (3) new crosswalks would also
be installed across existing drive aisles to the west, north and east. Sidewalk improvements
would also be constructed at the west side of the drive aisle providing ingress from Lakeville
Highway. These improvements are shown at Sheet C -2, C -3 and L -1 of Attachment 9.
Building Elevations: The proposed building includes design elements reflective of existing
buildings at the Petaluma Marina. These include .building material (i.e., lap siding), steeply
pitched hipped and gable roofs, standing metal seam roof material, regular fenestration patterns
(i.e., window and balcony placement), and white color. Building- mounted arbors accent building
corners.
Figure 3 illustrates building elevations as viewed from Lakeville Highway; Sheets A3.01 through
A3.04 at Attachment 9 illustrate each building elevation. Additional renderings are included
Sheets A1.02 to A1.05 of Attachment 9. The proposed building material palette is included at
Sheet A3.00 and A3.05 of Attachment 9.
Figure 3 — Proposed North Building Elevation
Vehicular and Pedestrian Access: Pedestrian access to the building would be from a common
lobby at the far - eastern portion of the building. Two additional points of emergency egress are
provided at the north and south elevation. Access to each dwelling unit would be through an
internal corridor. Elevator access is provided to floor two through five. Outside the building,
sidewalks would line the perimeter and connect to the new crosswalks mentioned above.
Vehicular access to the project would occur through three intersections of Lakeville Highway,
including its intersection with Marina Avenue, Baywood Drive, and an ingress -only driveway to
the immediate west of the project. A bus turnout is located on Lakeville Street to the immediate
north of the project.
Shared Parking: As recently amended by City Council, the Marina PCD prescribes a shared
parking approach that: (a) sets a minimum number of shared parking spaces to be available at all
times (i.e., 762); (b) reserves eighty (80) parking spaces for the new apartment building; and (c)
reserves twenty (20) spaces for boaters.
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However, subsequent to the recent Marina PCD amendment, staff discovered the shared parking
numbers were not adjusted in response to the project's increase in ten (10) units post - Planning
Commission action even though an analysis was submitted to demonstrate the continued validity
of traffic and parking studies for a 90 -unit apartment building.
For shared parking and with the project, a corrected set of numbers is: (a) a minimum of 754
shared parking spaces; (b) ninety (90) spaces reserved for the apartment building; and (c) twenty
(20) spaces reserved for boaters. As submitted, the project complies with those standards. To
correct this oversight, a special condition of approval is recommended (see Condition No. 25 at
Exhibit 1).
Landscaping: The proposed landscape plan includes plant materials consisting of trees, shrubs,
grasses, groundcovers and vines. Landscaping is proposed along the building perimeter, within
the proposed courtyard, and at landscape planters in the parking lot. Evergreen and deciduous
trees are proposed. A trellis with vines and grass plantings would line the carport abutting
Lakeville Highway. See landscape plans at Sheets L1 and L2 of Attachment 9.
LINEAR PAVING PATH
DECIDUOUS TREE
SUCCULENT PLANTING /GRASSES
BBO ISLAND
PERENNIALS /GRASSES /GROUNDCOVER
WOOD TRELLIS
STONE SEATWALL
WOOD AND METAL FENCE
DECOMPOSED GRANITE
"•,T .
PET PLAY
DECIDUOS FLOWERING TREE
r
f
/
EVERGREEN TREE
WOOD BENCH
GAME BAR SEATING
CONTAINER PLANTING
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" \
/,j
� FlREPIT AND LOUNGE SEATING
LARGE TO MEDIUM SHRUBS —
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EVERGREEN TREE /SHRUB
LINEAR PAVERS PATIO
BAR SEATING
DECIDUOUS TREE`
I�
INING AREA
EVERGREEN THE
may),:
STONE COLUMNS BASES
GROUNDCOVERS /SMALLER PERENNIALS AND SHRUBS
Figure 4 — Vine Trellis at Carports.
The building's courtyard (see Figure 4 below; Attachment 10) includes a bocce ball court, dining
area, and fire pit /loungeBBQ seating, and pet play area. A wood trellis will define the pedestrian
entry from the abutting parking lot.
The landscape plan proposes the removal of sixty -two (62) ornamental trees generally within the
existing parking lot. Included with the removal proposal are thirty -six (36) ornamental pear trees
that line the Class I bike path along the northern parking lot boundary. Fifty -two (52)
replacement plantings are proposed. However, with regard to the trees along the Class I bike
path, staff worked with the applicant to create a special condition of approval to refine plantings
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in this location with the goal of having a continuous tree canopy over the path (see Condition No.
21 at Exhibit 1). The Planning Commission supported the approach under this special condition
of approval.
Conditional Use Permit
Within the context of the recently amended Marina PCD, the purpose of requiring a Conditional
Use Permit for the "Dwelling, Multiple" land use type was to prevent a proliferation of
residential uses and ensure compatibility between uses. The proposed project would result in the
first residential land use at the Petaluma Marina.
DISCUSSION
Overview
The Planning Commission's denial of the project by non - action at the SPAR and CUP review is
based on the same grounds which a majority of City Council previously disagreed with at the
appeal of the Marina PCD change, staff is presenting two options for consideration:
Granting of the appeal and approval of the project in a manner consistent with the
Council's direction on April 4, 2016; or
2. Denial of the appeal and denial of the project on grounds originally presented by the
Planning Commission on December 22, 2015 and reaffirmed on July 12, 2016.
When considering this appeal, Implementing Zoning Ordinance §24.070(G) provides that the
City Council may consider any issue involving the matter that is the subject of the appeal, in
addition to the specific grounds for the appeal. The City Council may:
1. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject
of the appeal;
Disapprove the land use permit approved by the previous review authority, even though
the appellant only requested a modification or elimination of one or more conditions of
approval; and
2. Adopt additional conditions of approval that may address issues or concerns other than
the subject of the appeal.
Site Plan and Architectural Review
The project is subject to the provisions of IZO Chapter 24.010 — Site Plan and Architectural
Review, including the standards in Section 24.010.G, which govern the scope of City Council
review. Each standard is provided below with staff analysis follows in italics. The basis for
Planning Commission denial is provided in a bracketed text box.
1. The project proposes appropriate use of quality materials and harmony and proportion of
the overall design.
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The Project includes the use of quality materials and is in harmony with and in
proportion with the overall design through its use of horizontal and vertical lap siding,
metal roof, metal railings, and entry canopies. These materials are applied equally on all
building elevations within the Project.
2. The architectural style should be appropriate for the project in question, and compatible
with the overall character of the neighborhood.
The Project's building form, materials and architectural style is appropriate for the
Project and is compatible with the overall character of the Petaluma Marina. The Project
integrates traditional building materials (e.g., metal roof, lap siding, white building
color) used by existing buildings at the Petaluma Marina. Existing buildings in the
Petaluma Marina are, like the Project, simple in building form and substantial in height.
Therefore, the Project is compatible with its surroundings.
The siting of the structure on the property is compatible with the siting of other structures
in the immediate neighborhood.
The Project's building placement is at a location contemplated by the Marina PCD.
4. The size, location, design, color, number, lighting, and materials of all signs and outdoor
advertising structures.
The Project under consideration excludes signage; thus, no signage finding is applicable.
5. The bulk, height, and color of the proposed structures are consistent with the bulk, height,
and color of other structures in the immediate neighborhood.
The Project's bulk, height, and color of proposed structures are in harmony with that
I
found at the Petaluma Marina. Existing buildings at the Petaluma Marina consist of four
and five story volumes clad in white lap siding and with hip and gable roofs. The Project
integrates all of these architectural features in a way that closely mimics the distinct
architectural character of the Petaluma Marina.
6. Landscaping, to approved City standards, shall be required on the site and shall be in
keeping with the character or design of the site. Existing trees shall be preserved
wherever possible, and shall not be removed unless approved by the Planning
Commission.
The Project's landscaping is in keeping with the character and design of the site because
it provides plantings that complement the building and its adjoining outdoor area. As
conditioned, the project would retain a row of ornamental pear trees along an existing
Class I bike path. Remaining trees to be removed are ornamental and would be replaced
on a 2:1 basis.
7. Ingress, egress, internal circulation for bicycles and automobiles, off - street automobiles
and bicycle parking facilities and pedestrian ways shall be so designed as to promote
safety and convenience, and shall conform to approved City standards. Any plans
pertaining to pedestrian, bicycle, or automobile circulation shall be routed to the PBAC
for review and approval or recommendation.
The Mitigated Negative Declaration adopted by City Council Resolution No. 201 5 -52
demonstrates that streets serving the proposed use are adequate for the traffic expected
to be generated and that vehicular access and parking, including the location of driveway
entrance and exits are adequate, convenient, and safe. The Project excludes truck traffic.
10
Environmental Review
In accordance with the California Environmental Quality Act (CEQA), an Initial Study was
prepared by staff to address the project's potential effects on the environment. The Initial Study
did not identify any significant environmental effects. For all potentially significant effects,
mitigation measures reducing their severity to a less than significant level were incorporated into
the project and agreed to by the applicant.
On April 4, 2016, the City Council adopted Resolution No. 2016 -051 approving a Mitigated
Negative Declaration (MND) for the project. As adopted by City Council, the MND remains
applicable to the project's potential environmental impacts. Additional documentation is not
required by CEQA Guidelines § 15162 and none of the situations described at CEQA Guidelines
§ 15164 are present.
FINANCIAL IMPACTS
The project is subject to cost recovery with all expenses paid by the applicant. The applicant has
paid $49,929.13 cost recovery fees to date.
ATTACHMENTS
1. Draft Resolution Denying a Conditional Use Permit
2. Draft Resolution Denying Site Plan and Architectural Review
3. Draft Resolution Approving a Conditional Use Permit
4. Draft Resolution Approving Site Plan and Architectural Review
Exhibit A. Conditions of Approval
5. November 4, 2016 Pedestrian and Bicycle Advisory Committee Staff Report
6. December 22, 2016 Planning Commission Staff Report
7. April 4, 2016 City Council Staff Report
8. July 12, 2016 Planning Commission Staff Report
9. Project Plans
10. Courtyard Landscape Plan
11. Applicant Appeal Letter dated July 18, 2016
ATTACHMENT 1
RESOLUTION OF THE CITY COUNCIL DENYING AN APPEAL AND UPHOLDING
THE NON - ACTION DENIAL OF THE PLANNING COMMISSION OF
A CONDITIONAL USE PERMIT FOR THE MARINA DRIVE APARTMENTS
PROJECT LOCATED 0 MARINA DRIVE
APN: 005- 060 -089 and 005- 060 -072
FILE NO: PLMA -15 -0004
WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an
application for Conditional Use Permit approval, on behalf of property owner Petaluma Marina
Office Investors, LLC, for a proposed ninety (90) unit residential apartment building and other
associated site improvements ( "Project ") located at the northwest corner of the Petaluma Marina
at APN 050- 060 -089 and 005- 060 -072; and
WHEREAS, on December 22, 2015, the City's Planning Commission held a duly
noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to
consider an application to amend the Marina Planned Commercial District ( "Marina PCD ") and
at which time all interested parties had the opportunity to be heard; and
WHEREAS, on December 22, 2015, the Planning Commission considered the staff
report dated December 22, 2015, analyzing the application, including the California
Environmental Quality Act ( "CEQA ") determination included therein; and
WHEREAS, on December 22, 2015; the Planning Commission adopted Resolution No.
2015 -25 recommending the City Council adopt a Mitigated Negative Declaration for the Project;
and
WHEREAS, on December 22, 2015, a motion before the Planning Commission to
approve an amended General Development Plan for the Marina PCD resulted in a tie vote and,
thereby, resulted in a de facto denial of the application under Implementing Zoning Ordinance
§25.050; and
WHEREAS, on December 29, 2015, the applicant submitted a valid and timely appeal of
the Planning Commission's de facto denial of the request to approve an amended General
Development Plan for the Marina PCD; and,
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public
hearing on the appeal of the Planning Commission's de facto denial was held by the City Council
on April 4, 2016, where all persons interested had the opportunity to be heard; and,
WHEREAS, on April 4, 2016, prior to acting on the appeal, the City Council adopted
Resolution No. 2016 -51 N.C.S. approving a Mitigated Negative Declaration for the Project,
including a Mitigation, Monitoring and Reporting Program; and
WHEREAS, on April 4, 2016, the City Council adopted Resolution No. 2016 -52 N.C.S.
granting the appeal, overturning the Planning Commission's de facto denial, and approving the
application to amend the General Development Plan for the Marina PCD; and
WHEREAS, the Marina PCD, as amended by City Council Resolution No. 2016 -52
N.C.S., states at Table 5.1 that a Conditional Use Permit is required for the "Dwelling, Multiple"
land use type; and
WHEREAS, on July 12, 2016, the Planning Commission held a duly noticed public
hearing to consider the application for Site Plan and Architectural Review and Conditional Use
Permit approval; and
WHEREAS, on July 12, 2016, a motion before the Plan ling Commission to approve the
Conditional Use Permit request failed and no subsequent denial motion was offered; thereby,
resulting in denial of the request by non - action under Implementing Zoning Ordinance
§24.010(F); and
WHEREAS, on July 18, 2016, the applicant submitted, pursuant to Implementing
Zoning Ordinance §24.010(H), a valid and timely appeal of the Planning Commission's denial of
the request to approve a Conditional Use Permit; and,
WHEREAS, the applicant's appeal seeks approval by the City Council a Conditional
Use Permit, without conditions; and
WHEREAS, public notice was published in the Argus Courier and mailed to residents
and occupants within 1,500 feet of the project site, all in compliance with state and local law;
and
NOW THEREFORE, BE IT RESOLVED THAT:
A. Pursuant to hnplementing Zoning Ordinance §24.070(G), the City Council hereby denies
the appeal and upholds the denial by the Plamung Commission.
B. The foregoing recitals are true and correct and incorporated herein by reference.
C. Based on the staff report, staff presentation, comments received and the public hearing,
the City Council makes the following findings based on substantial evidence in the
record:
California Environmental Oualitv Act
1. The Mitigated Negative Declaration adopted by City Council Resolution No. 2016 -51
N.C.S. remains sufficient to address the potential impacts of the Project.
2. Additional documentation is not required by CEQA Guidelines § 15162 and none of
the situations described at CEQA Guidelines § 15164 are present.
General Plan
3. The project would result in more robust combination of mixed uses, as contemplated
by the General Plan's Land Use Map Mixed Use designation, and occur at a location
within Petaluma's Urban Growth Boundary (UGB). The project is below the
maximum floor -area -ratio permitted by the General Plan and, with the
implementation of Mitigation Measuie LU -1, will also comply with the permitted
maximum residential density.
General Plan Policy 2 -P -27 states, "Enable opportunities for a variety of synergistic
and compatible uses adjacent. to, the Petaluma Marina" and Policy 2 -P -30 states,
"Encourage new development between the Marina and Lakeville Highway to be
compatible and synergistic with the Marina complex." The Project would result in a
greater variety of uses at the Petaluma Marina and, at this particular location and
configuration of circulation and parking features, would not result in an
incompatibility. The Project's residential use may result in a complementary
relationship by providing increased patronage of existing commercial uses.
However, concerning the topic of circulation, the Project falls short of sufficiently
advancing several policies pertaining to pedestrian and bicycle facilities. For the
General Plan's Lakeville Highway Subarea, Goal 2 -G -5 states, `Enhance the
connectivity across and between all land uses along the Lakeville Highway to
minimize the barrier it creates by presence, design and vehicular speed." The planned
Class I bicycle facility abutting the northern boundary of the Petaluma Marina
presents an obvious opportunity to enhance connectivity and, as Policy 5 -P -4 directs
that, "New development and/or major expansion or change of use may require
construction of off -site mobility improvements to complete appropriate links in the
network necessary for connecting the proposed development with existing
neighborhoods and land uses." Many other additional General Plan policies apply in
this instance and state, as follows;
Policy 5 -P -15 Implement the. bikeway system as outlined in the Bicycle and
Pedestrian Plan, and expand and improve the bikeway system
wherever the opportunity arises.
Policy 5 -P -20 Ensure that new development provides comiections to and does not
interfere with existing and proposed bicycle facilities.
Policy 5 -P -22 Preserve and enillance pedestrian carnectivity in existing
neighborhoods. and require a well- comiected pedestrian network
linking new and existing developments to adjacent land uses.
Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct
off- street bicycle, and pedestrian travel. At the minimum, Class I
standards shall be applied unless otherwise specified.
Policy 5 -P -27 Locate connections. to Class I facilities from parallel routes along
the parcel line of adjoining properties to provide separation from
parking lots and buildings; design connections as Class I facilities.
Policy 5 -P -30 Require all new development abutting any public trail to provide
access to the trail.
Policy 5 -P -31 Make bicycling and walking more desirable by providing or
1-73
requiring development to provide necessary support facilities
throughout the city.
The City Council has identified the following bikeway system improvements as
necessary to find the Project consistent with the aforementioned General Plan policies:
(a) the installation of a Class I bicycle facility between Baywood Drive and Marina
Avenue at APN 005- 060 -065; and (b) dedication of a public access easement across the
abutting parcel to the south (i.e., Assessor Parcel Number 005- 060 -066). The applicant
has declined to implement the aforementioned improvements. Therefore, the City
Council finds the Project inconsistent with the General Plan,
Implementin Zug Ordinance
4. The following finding necessary to grant Conditional Use Permit approval found at
Implementing Zoning Ordinance §24.030 (G)(3) camlot be made, as follows:
a) The Project's building form is not appropriate for its site and is incompatible with
the overall character of the Petaluma Marina. Existing buildings at the marina are
a uniform 4- stories and between 50 and 65 feet to roof peak. The Sheraton
building is the tallest building with a consistent height of 65 feet to roof peak and
which includes an ornamental tower element that ascends to 85 feet at its peak.
The proposed apartment building height of five stories and 65 feet tall to roof
peak would detract from the character of the marina by shifting the aesthetic
emphasis away from the iconic architecture of existing buildings. Therefore, the
Project is incompatible with its surroundings.
C. Based on its review of the entire record herein, including the September 12, 2016 City
Council staff report, all supporting, referenced, and incorporated documents and all
comments received and foregoing findings, the Planning Commission hereby denies a
Conditional Use Permit for the "Dwelling, Multiple" land use at the Project site.
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ATTACHMENT 2
RESOLUTION OF THE CITY OF COUNCIL DENYING AN APPEAL AND
UPHOLDING THE NON - ACTION DENIAL OF THE PLANNING COMMISSION OF
SITE PLAN AND ARCHITECTURAL REVIEW FOR THE MARINA DRIVE
APARTMENTS PROJECT LOCATED AT 0 MARINA DRIVE
APN: 005- 060 -089 and 005 - 060 -072
FILE NO: PLMA -15 -0004
WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an
application for Site Plan and Architectural Review approval, on behalf of property owner
Petaluma Marina Office Investors, LLC, for a proposed ninety (90) unit residential apartment
building and other associated site improvements ( "Project ") located at the northwest corner of
the Petaluma Marina at APN 050- 060 -089 and 005- 060 -072; and
WHEREAS, on December 22, 2015, the City's Planning Commission held a duly
noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to
consider an application to amend the Marina Planned Commercial District ( "Marina PCD ") and
at which time all interested parties had the opportunity to be heard; and
WHEREAS, on December 22, 2015, the Planning Commission considered the staff
report dated December 22, 2015, analyzing the application, including the California
Environmental Quality Act ( "CEQA ") determination included therein; and
WHEREAS, on December 22, 2015, the Planning Commission adopted Resolution No.
2015 -25 recommending the City Council adopt a Mitigated Negative Declaration for the Project;
and
WHEREAS, on December 22, 2015, a motion before the Planning Commission to
approve an amended General Development Plan for the Marina PCD resulted in a tie vote and,
thereby, resulted in a de facto denial of the application under Implementing Zoning Ordinance
§25.050; and
WHEREAS, on December 29, 2015, the applicant submitted a valid and timely appeal of
the Planning Commission's de facto denial of the request to approve an amended General
Development Plan for the Marina PCD; and,
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public
hearing on the appeal of the Planning Commission's de facto denial was held by the City Council
on April 4, 2016, where all persons interested had the opportunity to be heard; and,
WHEREAS, on April 4, 2016, prior to acting on the appeal, the City Council adopted
Resolution No. 2016 -51 N.C.S. approving a Mitigated Negative Declaration for the Project; and
WHEREAS, on April 4, 2016, the City Council adopted Resolution No. 2016 -52 N.C.S.
granting the appeal, overturning the Planning Commission's de facto denial, and approved the
application to amend the General Development Plan for the Marina PCD; and
WHEREAS, on July 12, 2016, the Planning Commission held a duly noticed public
hearing to consider the application for Site Plan and Architectural Review and Conditional Use
Permit approval; and
WHEREAS, on July 12, 2016, a motion before the Planning Commission to approve the
Site Plan and Architectural Review request failed and no subsequent denial motion was offered,
thereby, resulting in denial of the request by non - action under Implementing Zoning Ordinance
§24.010(F); and
WHEREAS, on July 18, 2016, the applicant submitted, pursuant to Implementing
Zoning Ordinance §24.010(H), a valid and timely appeal of the Planning Commission's denial of
the request to approve Site Plan and Architectural Review; and,
WHEREAS, the applicant's appeal seeks approval by the City Council of:
A. Site Plan and Architectural Review for the Project, subject to the conditions of approval
presented in the July 12, 2016 Planning Commission staff report, including modifications
presented by city staff at. the Planning Commission hearing on July 12, 2016;
B. An additional condition of approval requiring the applicant to make a $50,000
contribution to the City of Petaluma for multi -use path purposes or other capital needs of
the City prior to the issuance of the first certificate of occupancy for the Project; and
C. An additional condition of approval requiring 150% of the Cal Green Tier 1 requirements
regarding electric vehicle charging stations; and
WHEREAS, public notice was published in the Argus Courier and mailed to residents
and occupants within 1,500 feet of the Project site, all in compliance with state and local law;
and
NOW THEREFORE, BE IT RESOLVED THAT:
A. Pursuant to Implementing Zoning Ordinance §24.070(G), the City Council hereby denies
the appeal and upholds the denial by the Planning Commission.
B. The foregoing recitals are true and correct and incorporated herein by reference.
C. Based on the staff report, staff presentation, comments received and the public hearing,
the City Council makes the following findings based on substantial evidence in the
record:
California Environmental Quality Act
1. The Mitigated Negative Declaration adopted by City Council Resolution No. 2016 -51
N.C.S. remains sufficient to address the potential impacts of the Project.
2. Additional documentation is not required by CEQA Guidelines §15162 and none of
the situations described at CEQA Guidelines §15164 are present.
M
Cw -naral Plan
3. The project would result in a more robust combination of mixed uses, as
contemplated by the General Plan's Land Use Map Mixed Use designation, and occur
at a location within Petaluma's Urban Growth Boundary (UGB). The project is below
the maximum floor -area -ratio permitted by the General Plan and, with the
implementation of Mitigation Measure LU -1, will also comply with the permitted
maximum residential density.
General Plan Policy 2 -P -27 states, "Enable opportunities for a variety of synergistic
and compatible uses adjacent to the Petaluma Marina," and Policy 2 -P -30 states
"Encourage new development between the Marina and Lakeville Highway to be
compatible and synergistic with the Marina complex." The project would result in a
greater variety of uses at the Petaluma Marina and, at this particular location and
configuration of circulation and parking features, would not result in an
incompatibility. The project's residential use may result in a complementary
relationship by providing increased patronage of existing commercial uses.
However, concerning the topic of circulation, the project falls short of sufficiently
advancing several policies pertaining to pedestrian and bicycle facilities. For the
General Plan's Lakeville Highway Subarea, Goal 2 -G -5 states, "Enhance the
connectivity across and between all land uses along the Lakeville Highway to
minimize the barrier it creates by presence, design and vehicular speed." The planned
Class I bicycle facility abutting the northern boundary of the Petaluma Marina
presents an obvious opportunity to enhance connectivity and, as Policy 5 -P -4 directs
that, "New development and/or major expansion or change of use may require
construction of off -site mobility improvements to complete appropriate links in the
network necessary for connecting the proposed development with existing
neighborhoods and land uses." Many other additional General Plan policies apply in
this instance and state, as follows:
Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and
Pedestrian Plan, and expand and improve the bikeway system
wherever the opportunity arises.
Policy 5 -P -20 Ensure that new development provides connections to and does not
interfere with existing and proposed bicycle facilities.
Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing
neighborhoods and require a well - connected pedestrian network
linking new and existing developments to adjacent land uses.
Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct
off - street bicycle and pedestrian travel. At the minimum, Class I
standards shall be applied unless otherwise specified.
Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along
the parcel line of adjoining properties to provide separation from
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parking lots and buildings; design connections as Class I facilities.
Policy 5 -P -30 Require all new development abutting any public trail to provide
access to the trail.
Policy 5 -P -31 Make bicycling and walking more desirable by providing or
requiring development to provide necessary support facilities
throughout the city.
The City Council has identified the following bikeway system improvements as
necessary to find the Project consistent with the aforementioned General Plan
policies: (a) the installation of a Class I bicycle facility between Baywood Drive and
Marina Avenue at APN 005- 060 -065; and (b) dedication of a public access easement
across the abutting parcel to the south (i.e., Assessor Parcel Number 005- 060 -066).
The applicant has declined to implement the aforementioned improvements.
Therefore, the City Council finds the Project inconsistent with the General Plan.
Implementing Zoning Ordinance
4. The following findings necessary to grant Site Plan and Architectural Review
approval found at Implementing Zoning Ordinance (IZO) §24.010 (G)(1) cannot be
made, as follows:
a) The Project's building form is not appropriate for its site and is incompatible with
the overall character of the Petaluma Marina. Existing buildings at the marina are
a uniform 4- stories and between 50 and 65 feet to roof peak. The Sheraton
building is the tallest building with a consistent height of 65 feet to roof peals and
which includes an ornamental tower element that ascends to 85 feet at its peak.
The proposed apartment building height of five stories and 65 feet tall to roof
peak would detract from the character of the marina by shifting the aesthetic
emphasis away from the iconic architecture of existing buildings. Therefore, the
Project is compatible with its surroundings. (IZO §24.010 (G)(1)(b))
b) The Project's bulls and height are not in harmony with that found at the Petaluma
Marina. Existing buildings at the Petaluma Marina consist of four and five story
volumes clad in white lap siding and with hip and gable roofs. The Project
attempts to integrate all of these architectural features in a way that closely
mimics the distinct architectural character of the Petaluma Marina but consists of
a building that is too tall and massive compared to existing, adjacent buildings.
(IZO §24.010 (G)(1)(e))
C. Based on its review of the entire record herein, including the September 12, 2016 City
Council staff report, all supporting, referenced, and incorporated documents and all
comments received and foregoing findings, the City Council hereby denies Site Plan and
Architectural Review for the Project.
ATTACHMENT 3
RESOLUTION OF THE CITY COUNCIL GRANTING AN APPEAL AND
OVERTURNING THE NON - ACTION DENIAL OF THE PLANNING COMMISSION
OF A CONDITIONAL USE PERMIT FOR THE MARINA DRIVE APARTMENTS
PROJECT LOCATED 0 MARINA DRIVE
APN: 005- 060 -089 and 005- 060 -072
FILE NO: PLMA -15 -0004
WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an
application for Conditional Use Permit approval, on behalf of property owner Petaluma Marina
Office Investors, LLC, for a proposed ninety (90) unit residential apartment building and other
associated'site improvements ( "Project ") located at the northwest corner of the Petaluma Marina.
at APN 050- 060 -089 and 005- 060 -072; and
WHEREAS, on December 22, 2015, the City's Planning Commission held a duly
noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to
consider an application to amend the Marina Planned Commercial District ( "Marina PCD ") and
at which time all interested parties had the opportunity to be heard; and
WHEREAS, on December 22, 2015, the Planning Commission considered the staff
report dated December 22, 2015, analyzing the application, including the California
Environmental Quality Act ( "CEQA ") determination included therein; and
WHEREAS, on December 22, 2015, the Planning Commission adopted Resolution No.
2015 -25 recommending the City Council adopt a Mitigated Negative Declaration for the Project;
and
WHEREAS, on December 22, 2015, a motion before the Planning Commission to
approve an amended General Development Plan for the Marina PCD resulted in a tie vote and,
thereby, resulted in a de facto denial of the application under Implementing Zoning Ordinance
§25.050; and
WHEREAS, on December 29, 2015, the applicant submitted a valid and timely appeal of
the Planning Commission's de facto denial of the request to approve an amended General
Development Plan for the Marina PCD; and,
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public
hearing on the appeal of the Planning Commission's de facto denial was held by the City Council
on April 4, 2016, where all persons interested had the opportunity to be heard; and,
WHEREAS, on April 4, 2016, prior to acting on the appeal, the City Council adopted
Resolution No. 2016 -51 N.C.S. approving a Mitigated Negative Declaration for the Project,
including a Mitigation, Monitoring and Reporting Program; and
WHEREAS, on April 4, 2016, the City Council adopted Resolution No. 2016 -52 N.C.S.
granting the appeal, overturning the Planning Commission's de facto denial, and approving the
application to amend the General Development Plan for the Marina PCD; and
WHEREAS, the Marina PCD, as amended by City Council Resolution No. 2016 -52
3—t
N.C.S., states at Table 5.1 that a Conditional Use Permit is required for the "Dwelling, Multiple"
land use type; and
WHEREAS, on July 12, 2016, the Planning Commission held a duly noticed public
hearing to consider the application for Site Plan and Architectural Review and Conditional Use
Permit approval; and
WHEREAS, on July 12, 2016, a motion before the Planning Commission to approve the
Conditional Use Permit request failed and no subsequent denial motion was offered; thereby,
resulting in denial of the request under Implementing Zoning Ordinance §24.010(F); and
WHEREAS, on July 18, 2016, the applicant submitted, pursuant to Implementing
Zoning Ordinance §24.010(H), a valid and timely appeal of the Planning Commission's denial of
the request to approve a Conditional Use Permit; and,
WHEREAS, the applicant's appeal seeks approval by the City Council a Conditional
Use Permit, without conditions; and
WHEREAS, public notice was published in the Argus Courier and mailed to residents
and occupants within 1,500 feet of the project site, all in compliance with state and local law;
and
NOW THEREFORE, BE IT RESOLVED THAT:
A. Pursuant to Implementing Zoning Ordinance §24.070(G), the City Council hereby grants
the appeal and overturns the denial by the Planning Commission.
B. The foregoing recitals are true and correct and incorporated herein by reference.
C. Based on the staff report, staff presentation, comments received and the public hearing,
the City Council makes the following findings based on substantial evidence in the
record:
California Environmental Quality
1. The Mitigated Negative Declaration adopted by City Council Resolution No. 2016 -51
N.C.S. remains sufficient to address the potential impacts of the Project.
2. Additional documentation is not required by CEQA Guidelines §15162 and none of
the situations described at CEQA Guidelines § 15164 are present.
General Plan
3. The Project is consistent with the Mixed Use General Plan land use designation
because it. consists of a "Dwelling, Multiple" land use and, with implementation of
Mitigation Measure LU -1 of the Mitigated Negative Declaration adopted by City
Council Resolution No. 2016 -051 N.C. S, it will comply with the permitted maximum
residential density of 30 housing units per acre.
4. The Project is, for the reasons discussed in the September 12, 2016 City Council staff
report, consistent with the following Petaluma General Plan policies: Policy 1 -P -1
(Development Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy 1 -P-
11 (Land Use Intensification); Policy 1 -P -27 (Parking Solutions); Policy 2 -P -5
(Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5
(Lakeville Highway Connectivity); Policy 2 -P -27 (Petaluma Marina - Land Uses);
and Policy 2 -P -30 (Petaluma Marina — Compatibility).
Implementing Zoning Ordinance
5. The Project is consistent with all development standards of the Marina PCD
including, but no limited to, those pertaining to building height, setbacks and off -
street parking requirements.
6. All of the required findings for Conditional Use Permit approval found at
Implementing Zoning Ordinance §24.030 (G)(1) can be made, as follows:
a) The Project is appropriately sited at a vacant pad within the Petaluma Marina
which is able to accommodate the proposed use including, for example, through
the use of existing off - street parking spaces and new outdoor area for passive
recreation by residents. The Project excludes outdoor activities in need of
screening and, due to its location removed from other uses and buildings, there is
no need to address the protection of outlook, light, air, and peace and quiet. The
Project is residential in use and, therefore, excludes the display of goods and
services as well as signage. The Project's residential nature in a primarily
commercial setting indicates no issues with regard to intensity of use.
b) The Mitigated Negative Declaration adopted by City Council Resolution No.
2015 -52 N.C.S. demonstrates that streets serving the proposed use are adequate
for the traffic expected to be generated and that vehicular access and parking,
including the location of driveway entrance and exits are adequate, convenient,
and safe. The Project excludes truck traffic.
c) The Project's residential uses are sufficiently removed from existing commercial
uses to prevent incompatibility. Most existing commercial uses, including the
Sheraton hotel, are primarily accessible from and interact with their east building
elevation and abutting parking lot which do not face and are removed from the
proposed apartment building. The closest commercial building facing the
proposed apartments is located approximately 250 feet to the south and includes
ground -level offices, a recreational equipment rental business, and a coffee shop.
There are no nearby land uses of unusual public importance such as schools,
libraries, playgrounds, churches, and hospitals with which the Project raises a
question of compatibility. The Project consists solely of dwelling units and, as a
result, an evaluation of hours of operation or hazardous materials handling is not
applicable. Also, because the Project consists of a residential use in a commercial
setting, it would generate no off -site effects such as noise, dust, odors, light, or
glare, etc.
3_3
d) The Project consists of a permanent residential use and, therefore, the setting of
time limits for the duration of this permit is not appropriate.
e) The Project's location does not raise a question as to whether this application is a
matter of public convenience and necessity.
C. Based on its review of the entire record herein, including the September 12, 2016 City
Council staff report, all supporting, referenced, and incorporated documents and all
comments received and foregoing findings, the City Council hereby approves a
Conditional Use Permit for the "Dwelling, Multiple" land use at the Project site.
D. 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 preceding
against the City, it's boards, commissions, agents, officers, or employees to attack, set
aside void or annul any of the approvals of the project, when such a claim or action is
brought within the time period provided for any applicable State and /or local statutes.
The City shall promptly notify the applicant /developers of any such claim, action or
preceding. The City shall coordinate 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, the appellant shall reimburse the City for
attorney fees.
�r�
ATTACHMENT 4
RESOLUTION OF THE CITY OF COUNCIL GRANTING AN APPEAL AND
OVERTURNING THE NON - ACTION DENIAL OF THE PLANNING COMMISSION
OF SITE PLAN AND ARCHITECTURAL REVIEW FOR THE MARINA DRIVE
APARTMENTS PROJECT LOCATED AT 0 MARINA DRIVE
APN: 005- 060 -089 and 005- 060 -072
FILE NO: PLMA -15 -0004
WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an
application for Site Plan and Architectural Review approval, on behalf of property owner
Petaluma Marina Office Investors, LLC, for a proposed ninety (90) unit residential apartment
building and other associated site improvements ( "Project ") located at the northwest corner of
the Petaluma Marina at APN 050- 060 -089 and 005- 060 -072; and
WHEREAS, on December 22, 2015, the City's Planning Commission held a duly
noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to
consider an application to amend the Marina Planned Commercial District ( "Marina PCD ") and
at which time all interested parties had the opportunity to be heard; and
WHEREAS, on December 22, 2015, the Planning Commission considered the staff
report dated December 22, 2015, analyzing the application, including the California
Environmental Quality Act ( "CEQA ") determination included therein; and
WHEREAS, on December 22, 2015, the Planning Commission adopted Resolution No.
2015 -25 recommending the City Council adopt a Mitigated Negative Declaration for the Project;
and
WHEREAS, on December 22, 2015, a motion before the Planning Commission to
approve an amended General Development Plan for the Marina PCD resulted in a tie vote and,
thereby, resulted in a de facto denial of the application under Implementing Zoning Ordinance
§25.050; and
WHEREAS, on December 29, 2015, the applicant submitted a valid and timely appeal of
the Planning Commission's de facto denial of the request to approve an amended General
Development Plan for the Marina PCD; and,
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public
hearing on the appeal of the Planning Commission's de facto denial was held by the City Council
on April 4, 2016, where all persons interested had the opportunity to be heard; and,
WHEREAS, on April 4, 2016, prior to acting on the appeal, the City Council adopted
Resolution No. 2016 -51 N.C.S. approving a Mitigated Negative Declaration for the Project; and
WHEREAS, on April 4, 2016, the City Council adopted Resolution No. 2016 -52 N.C.S.
granting the appeal, overturning the Planning Commission's de facto denial, and approved the
application to amend the General Development Plan for the Marina PCD; and
WHEREAS, on July 12, 2016, the Planning Commission held a duly noticed public
hearing to consider the application for Site Plan and Architectural Review and Conditional Use
y °i
Permit approval; and
WHEREAS, on July 12, 2016, a motion before the Planning Commission to approve the
Site Plan and Architectural Review request failed and no subsequent denial motion was offered;
thereby, resulting in denial of the request by non - action under Implementing Zoning Ordinance
§24.010(F); and
WHEREAS, on July 18, 2016, the applicant submitted, pursuant to Implementing
Zoning Ordinance §24.010(H), a valid and timely appeal of the Planning Commission's denial of
the request to approve Site Plan and Architectural Review; and,
WHEREAS, the applicant's appeal seeks approval by the City Council o£
A. Site Plan and Architectural Review for the Project, subject to the conditions of approval
presented in the July 12, 2016 Planning Commission staff report, including modifications
presented by city staff at the Planning Commission hearing on July 12, 2016;
B. An additional condition of approval requiring the applicant to make a $50,000
contribution to the City of Petaluma for multi -use path purposes or other capital needs of
the City prior to the issuance of the first certificate of occupancy for the Project; and
C. An additional condition of approval requiring 150% of the Cal Green Tier 1 requirements
regarding electric vehicle charging stations; and
WHEREAS, public notice was published in the Argus Courier and mailed to residents
and occupants within 1,500 feet of the Project site, all in compliance with state and local law;
and
NOW THEREFORE, BE IT RESOLVED THAT:
A. Pursuant to Implementing Zoning Ordinance §24.070(G), the City Council hereby grants
the appeal and overturns the denial by the Planning Commission.
B. The foregoing recitals are true and correct and incorporated herein by reference.
C. Based on the staff report, staff presentation, comments received and the public hearing,
the City Council makes the following findings based on substantial evidence in the
record:
California Environmental Quality Act
1. The Mitigated Negative Declaration adopted by City Council Resolution No. 2016 -51
N.C.S. remains sufficient to address the potential impacts of the Project.
2. Additional documentation is not required by CEQA Guidelines § 15162 and none of
the situations described at CEQA Guidelines § 15164 are present.
Z/ -9—
General Plan
3. The Project is consistent with the Mixed Use General Plan land use designation
because it includes multiple family housing and, with implementation of Mitigation
Measure LU -1 of the Mitigated Negative Declaration adopted by City Council
Resolution No. 2016 -051 N.C.S., it will comply with the permitted maximum
residential density of 30.0 housing units per acre.
4. The Project is, for the reasons discussed in the September 12, 2016 City Council staff
report, consistent with the following Petaluma General Plan policies: Policy 1 -P -1
(Development Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy 1 -P-
11 (Land Use Intensification); Policy 1 -P -27 (Parking Solutions); Policy 2 -P -5
(Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5
(Lakeville Highway Connectivity); Policy 2 -P -27 (Petaluma Marina - Land Uses);
and Policy 2 -P -30 (Petaluma Marina —Compatibility).
Implementing Zoning Ordinance
5. The Project is consistent with all development standards of the Marina PCD
including, but not limited to, those pertaining to building height, setbacks and off -
street parking requirements.
6. All of the required findings for Site Plan and Architectural Review approval found at
Implementing Zoning Ordinance §24.010 (G)(1) can be made, as follows:
a) The Project includes the use of quality materials and is in harmony with and in
proportion with the overall design through its use of horizontal and vertical lap
siding, metal roof, metal railings, and entry canopies. These materials are applied
equally on all building elevations within the Project.
b) The Project's building form, materials and architectural style is appropriate for the
Project and is compatible with the overall character of the Petaluma Marina. The
Project integrates traditional building materials (e.g., metal roof, lap siding, white
building color) used by existing buildings at the Petaluma Marina. Existing
buildings in the Petaluma Marina are, like the Project, simple in building form
and substantial in height. Therefore, the Project is compatible with its
surroundings.
c) The Project's building placement is at a location contemplated by the Marina
PCD.
d) The Project under consideration excludes signage, thus, no signage finding is
applicable.
e) The Project's bulk, height, and color of proposed structures are in harmony with
that found at the Petaluma Marina. Existing buildings at the Petaluma Marina
consist of four and five story volumes clad in white lap siding and with hip and
gable roofs. The Project integrates all of these architectural features in a way that
z1'3
closely mimics the distinct architectural character of the Petaluma Marina.
f) The Project's landscaping is in keeping with the character and design of the site
because it provides plantings that complement the building and its adjoining
outdoor area. As conditioned, the Project would provide landscaping along an
existing, adjacent Class I bike path. Significant additional landscaping in the form
of trees, shrubs and groundcover would also be provided within the existing
parking and around the new apartment building.
g) The Mitigated Negative Declaration adopted by City Council Resolution No.
2015 -52 N.C.S. demonstrates that streets serving the proposed use are adequate
for the traffic expected to be generated and that vehicular access and parking,
including the location of driveway entrance and exits are adequate, convenient,
and safe. The Project excludes truck traffic.
C. Based on its review of the entire record herein, including the September 12, 2016 City
Council staff report, all supporting, referenced, and incorporated documents and all
comments received and foregoing findings, the City Council hereby approves Site Plan
and Architectural Review for the Project, subject to the conditions of approval attached
hereto as Exhibit A.
q -1-t
EXHIBIT A
SPAR CONDITIONS OF APPROVAL
Marina Apartments Project
0 Marina Drive
APN 005- 060 -089 and 005- 060 -72
File PLMA -15 -0004
Planning Division
Standard Conditions of Approval
1. The plans submitted for building permit review shall be in substantial conformance with
plans on file with the Planning Division and date stamped May 17, 2016, except as may be
modified by the following conditions.
2. The colors and materials, including the lighting fixtures, shall be in substantial conformance
with those noted on the plan set and the color board in the project file and date stamped May
17, 2016.
3. 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 an amendment to this Site Plan and Architectural Review approval in
accordance with Implementing Zoning Ordinance (IZO) §24.010.
4. All mitigation measures of City Council Resolution No. 2016 -51 N.C.S. approving the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the
project are incorporated by reference and made conditions of approval.
5. Prior to the issuance of any construction permits, these conditions of approval and the
Mitigation Monitoring and Reporting Program shall be included with the plan set. A copy of
the approved plans shall be maintained on -site when construction activities are occurring.
6. The site shall be kept cleared at all times of garbage and debris. No outdoor storage shall be
permitted other than typical bulk materials, i.e., lumber, appliances, window systems, etc.,
temporarily stored through the normal course of construction.
7. The applicant shall be subject to all applicable development impact fees. Said fees are due
prior to the issuance of a certificate of occupancy, other pertinent fees that may be applicable
to the proposed project may be required.
8. No signage is proposed or approved via this permit.
9. All exterior lighting shall provide a "soft wash" of light against the wall and shall be hooded
and directed downward with no direct glare into bicyclists' or pedestrians' eyes, and shall
conform to City Performance Standards.
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10. 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 shall avoid placing racks too close to any wall or structure.
11. 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.
12. Construction activities shall comply with performance standards specified in IZO Chapter 21
(Performance Standards), except as modified by the conditions herein and mitigation
measures applicable to the project.
13. Upon the approval of this resolution, the applicant shall provide the Planning Division with
the Notice of Determination fee required by Fish and Wildlife Code Section 711.4(d). The
fee payment shall be made by check payable to the Sonoma County Clerk, in the amount
required and published by the Sonoma County Clerk for such fee.
14. 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.
15. The contractor(s) shall implement basic and additional air quality construction measures set
forth by Bay Area Air Quality Management District (BAAQMD), including the following:
a. Water all active construction areas (staging, parking, soil piles, graded areas, unpaved
driveways, etc.) at least twice daily.
b. Cover all haul trucks transporting soil, sand, or other loose materials offsite.
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.
A -�L
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. During construction, signage 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 City of Petaluma regarding dust complaints. This person shall respond and
take corrective action within 48 hours. BAAQMD's phone number shall also be visible to
ensure compliance with applicable regulations.
16. 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 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.
17. 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.
18. 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.
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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.
Special Conditions of Approval
19. Prior to the first certificate of occupancy, the applicant shall make a $50,000 contribution to
the City of Petaluma for multi -use path purposes or other capital needs of the city.
20. This approval requires 150% of the Cal Green Tier 1 requirements regarding electric vehicle
charging stations.
21. Prior to building permit issuance, the applicant shall submit, for Planning Manager review
and approval, a revised landscape plan for the northern boundary of the project site (i.e.,
abutting the Class I bike path). Said plan shall retain the vine trellis shown at Sheet L -1 of the
approved plans and, to the extent feasible working within physical (e.g., easements, utilities)
and regulatory (Caltrans jurisdiction, CA Fire Code) constraints, integrate trees and other
complementary plantings (e.g., shrubs, grasses, groundcover) on both sides of the existing
Class 1 bike path. As feasible, the goal of this condition is to result in a continuous canopy
over the Class 1 bike path at tree maturity.
22. Prior to occupancy, twenty (20) off - street parking spaces at APN 005- 060 -072 shall be
signed for exclusive use by members of the general public transporting watercraft so that
they may gain access to the waters of the Petaluma Marina and connecting waterways. The
required signage method and location shall be subject to Planning Manager review and
approval.
23. Prior to occupancy, ninety (90) off - street parking spaces under carports serving the Project
shall be signed for the exclusive use by tenants. The required signage method and location
shall be subject to Planning Manager review and approval.
24. All carports serving the Project shall include functional solar power arrays. Said arrays shall
be installed and operational prior to occupancy.
25. Prior to occupancy, the Planning Manager shall, as provided by IZO §19.040(E)(4)
administratively amend the Marina PCD to reflect corrected parking standards of. (a) 754
unreserved off - street parking spaces for all land uses; plus (b) 90 reserved off - street parking
spaces for a Dwelling, Multiple use at APN 005- 060 -089 and 005- 060 -072; plus (c) 20
reserved off - street parking spaces at APN 005- 060 -072 for public access to the waters of the
Petaluma Marina and connecting waterways, inclusive of reserved spaces for vehicles with
boat trailers.
26. Prior to building permit issuance, the following architectural details shall be reviewed and
approved by the Planning Manager.
a. External leader heads, downspouts, shoes and splash blocks;
b. Transitions between wall materials of different types;
A - ti
c. Window recesses and trim;
d. Color of fiber cement lap siding;
e. For pitched roofs, the dimension of fly rafters, rafter tails, rakes, and eave length; and
f. All roof penetrations
27. All external downspouts shall be painted to match background building color(s). Scuppers
without drainage pipes may not be installed because of probable staining of walls (overflow
scuppers are exempt).
Building Division
28. Prior to building permit issuance, demonstrate to the Chief Building Official or his delegate
how the project conforms to the Cal Green Tier 1 requirements with Modified Tier 1 for
construction and demolition.
Public Works & Utilities Department
29. Remove and replace any sections of broken, displaced, cracked sidewalk along Lakeville
Highway or within the existing 10 -wide public bicycle and pedestrian path prior to final
inspection. This condition is to repair and /or replace sidewalk along frontages that is
displaced one -half inch or greater.
30. An easement and parking/maintenance agreement or other mechanism is required to be
recorded for the proposed shared parking and carport structures. Crossover access, utility,
drainage, etc. easements and maintenance agreements are required and shall be recorded
prior to issuance of a building permit.
31. Prior to issuance of a building permit, a structural and geotechnical analysis shall be
performed by the applicant, in coordination with the City Engineer, to investigate the impact
of the proposed foundation on the existing sanitary sewer force main and other public utilities
and shall make recommendations that prevent any impact to the pipelines. A signed and
sealed letter from the structural /geotechnical engineer with a construction operations plan
and statement that project construction will not impact the integrity of the existing 36 -inch
force main or any other public utilities, subject to approval by the City Engineer, is required
prior to issuance of a building permit.
32. The project contractor shall provide a proposed contingency plan prior to commencement of
any work, and incorporate the contingency actions required for the repair of the 36 -inch
sewer force main in the event it is ruptured or damaged.
33. The proposed Lot Line Adjustment shall be approved by the City and recorded prior to
issuance of any construction permits. The necessary public access and /or utility easements
shall be reserved and /or dedicated to the City of Petaluma, subject to approval by the City
Engineer prior to issuance of any construction permits. An application for lot line adjustment
is required.
14-5-
34. The applicant shall comply with post construction storm water best management practices
per BASMAA E12 requirements. A final, construction level storm water mitigation report,
including final calculations, and plan shall be submitted with the building permit application.
35. Prior to issuance of any construction permits, the applicant shall provide the project storm
water pollution prevention plan, notice of intent and WDID number from the State Water
Resources Control Board.
36. A storm water analysis per Sonoma County Water Agency (SCWA) flood control design
criteria standards is required with the building permit submittal. All work within SCWA
property or right of way requires a permit or right to enter from the water agency.
37. A final construction level geotechnical analysis is required with submittal of construction
documents.
38. If permitted by Caltrans, a public sidewalk connection shall be installed from the end of the
existing public path at the westerly driveway approach on Lakeville Highway and a more
direct, second sidewalk connection with retaining walls (if necessary) and ramps shall be
installed from the bus shelter, through the existing grass landscape area, connecting to the
existing public path and proposed on -site private sidewalk. All work is subject to City and
Caltrans approval, and requires an encroachment permit from Caltrans.
39. No carports, other structures or trees are allowed within public easement areas. Landscaping
shall be limited to low lying shrubs and ground cover, subject to the approval by the
Department of Public Works and Utilities. All trees planted adjacent to public easements
shall be shallow rooted type of trees.
40. A public access easement (PAE) shall be recorded from the end of the existing PAE at the
Lakeville entrance, across the parking drive aisle to the existing path along the slough, prior
to the issuance of any building permits.
41. Any monument sign proposed for this project shall be located in such a way as not to
obstruct the sight distance triangle at any driveways.
42. Public improvements shall be designed in accordance with current City of Petaluma Design
and Construction Standards & Specifications, Manual of Uniform Traffic Control Devices
(MUTCD) and the Caltrans Highway Design Manual.
43. Install bike racks per City requirements. Exact locations and style of the bike racks shall
comply with the City's Implementing Zoning Ordinance and Bicycle and Pedestrian Plan,
subject to approval by the City Engineer.
44. Wayfinding, pedestrian and bicycle warning signs and share the road signage shall be
installed on the site and at vehicle and pedestrian/bike crossing points.
45. Public access to /from the Marina shall be preserved and kept open at all times throughout
construction, to all extents possible, subject to City approval. The contractor shall submit a
traffic control plan per MUTCD requirements to the City for approval prior to the start of any
construction.
Fire Department
46. Based on our review of the plans showing site specific conditions such as street and building
configuration and review of the 2013 Fire Code and Petaluma's local Ordinance (Chapter
17.20 Fire Code), the following conditions shall apply:
a. Fire lanes for aerial apparatus (26 feet wide, paved, at least 15 feet but not more than 30
feet from building) on two sides of building;
b. There shall be a minimum of three (3) on -site fire hydrants (exact location to be
determined by the Fire Marshal);
c. Full fire - sprinklering of the apartment building and any combustible carports over 1,000
square feet in area per NFPA 13;
d. Class 1 standpipes in all stairwells; and
e. Any alternatives permitted and /or proposed within the Code and Local Amendments shall
require approval by the Fire Marshal.
47. Existing "speed tables" constitute traffic control devices on a required fire apparatus access
road. Modifications to them shall be subject to review and approval by the Fire Marshall, as
provided by the 2013 Fire Code.
A—I
ATTACHMENT 5
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DATE: November 4, 2015
TO: Pedestrian and Bicycle Advisory Committee
FROM: Kevin Colin, Senior Planner
Curt Bates, City Engineer
SUBJECT: Discuss and Provide Recommendations regarding Marina Apartments Project
File No. PLZT -15 -001
RECOMMENDATION
10A
It is recommended that the Pedestrian and Bicycle Advisory Committee (PBAC) review the
project and provide comments associated with bicycle and pedestrian facilities.
BACKGROUND
Existing Setting
The project site is located at 0 Marina Drive in eastern Petaluma and within the Petaluma
General Plan's Lakeville Planning Subarea. The Planning Subarea is characterized by planned
urban development in proximity to Lakeville Highway and remaining areas consisting of
marshlands, public trails, and open space along the Petaluma River. The portion of the subarea in
the immediate vicinity of the project site supports the Petaluma Marina and Petaluma's largest
hotel.
The project site is located within the Petaluma Marina, an approximate 30.59 acre area within
Petaluma's incorporated limits and at the outer edge of Petaluma's urbanized area where it
transitions into more open and sparsely developed land. The marina is situated south of Lakeville
Highway and approximately 500 feet east of U.S. Highway 101. The project site is the last
remaining are of undeveloped land in the Marina PCD.
The site is bounded by Lakeville Highway to the North, a 35 foot wide Sonoma County outfall
channel to the west, beyond which lies the main Northwestern Pacific Railroad Line. The
Sheraton Hotel, Marina, and Petaluma River lie to the south, and a parking lot and commercial
development are located east of the project site.
In the project area, Class II bike lanes exist on Baywood Drive between Lakeville Highway and
South McDowell Boulevard. An existing recreational trail accesses Schollenberger from the
southern part of the Marina.
Project Description
The project includes three requested approvals from the City of Petaluma: (1) Petaluma Marina
PCD Amendment to modify the existing PCD that governs the site; (2) Conditional Use Permit
to allow multi - family residential, consistent with amendments to the PCD that would allow
multi - family development; and (3) Site Plan and Architectural Review (SPAR) to construct an
80 -unit apartment building upon an existing vacant area surrounded by asphalt parking lots. Each
is described in detail below.
The project is subject to Planned Community District (PCD) zoning first established by City
Council Resolution No. 86 -294. This "Marina PCD" zoning was established to facilitate
development of a public marina adjacent to the Petaluma River along with supporting office,
commercial, restaurant and hotel uses. In the subsequent years, development of the public marina
and supporting uses occurred with the exception of the project site. Presently, the Marina PCD
does not authorize residential land uses. Also, the Marina PCD permits buildings up to four (4)
stories and sixty -one (61) feet, and also includes a General Development Plan depicting a
maximum of 10,000 square feet of floor area at the project site.
The project proposes to amend the Petaluma Marina PCD to: (a) permit multiple - family
dwellings after issuance of a Conditional Use Permit; (b) increase the maximum building height
to five (5) stories and ninety -one (91) feet; and (c) remove a floor area maximum for the project
site. The project would also restate the Marina PCD in a manner that both incorporates prior,
approved amendments and with formatting and terminology consistent with the City of
Petaluma's current Implementing Zoning Ordinance.
,5-- 2
Figure 4: Proposed Site Plan
The project site is currently accessed via an existing right - turn-in driveway on Lakeville
Highway, approximately 540 feet west of Baywood Drive, and an existing full access driveway
on Baywood Drive approximately 230 feet south of Lakeville Highway. The proposed project
would maintain the inbound, right turn lane off of Lakeville Highway which features a 315 foot
long deceleration Lane on Lakeville Highway as needed for vehicles to slow and come to a full
stop prior to turning into the Petaluma Marina.
The project includes landscaping around the building and site perimeter. Proposed landscaping
includes evergreen and deciduous trees, shrubs, perennials, grasses, and vines. The carports
proposed around the periphery of the site are screened from Lakeville Highway with grasses, a
vine trellis, and regularly placed columnar trees.
r 3
Figure 5: Building Elevation Viewed from Lakeville Highway.
A new 80 -unit apartment complex with units ranging from 685 ft2 to 1,225 ft2 is proposed. The
proposed apartment complex will be five stories (65 ft.) in height and generally configured in an
L -shape with frontage on Lakeville Highway. Access to the building would occur from a lobby
area at the eastern wing. Access to apartment units within the building would occur via corridors
with two elevators serving each floor. Emergency egress is provided by stairwells and doorways
at each corner of the building. The proposed design is deferential to the existing development in
the Marina PCD and exhibits a seaport /resort architectural style pursuant to the Marina PCD
Guidelines. The proposed design features white shiplap siding, varied wall plans, projecting
gable ends, and a combination of pyramidal and gabled roofs. The complex mimics the pitched
metal roof and white horizontal siding characteristic of nearby buildings. The massing of the
building is broken up with the inclusion of balconies and is punctuated with a series of large
multi -paned windows.
DISCUSSION
General Plan
There are several bicycle facilities called for in the General Plan in the immediate vicinity of the
proposed project. Figure 5 -2 of the General Plan shows a proposed Class I off street path along
the Sonoma County outfall channel that would eventually link with the proposed trail network
under Highway 101 and along the river towards downtown. A Class I path is also proposed
along the old railroad right of way to the northeast of the Sheraton. Additionally there is a
recreational trail proposed to connect the proposed Class I and the existing recreational trail
through the adjacent open space.
A class II bike lane is called for along Lakeville Highway.
ATTACHMENTS
A. Site Plan
ATTACHMENT 6
DATE: December 22, 2015 AGENDA ITEM NO. 9.A
TO: Planning Commission
FROM: Kevin Colin, Senior Planner
REVIEWED BY: Heather Hines, Planning Manager
SUBJECT: Marina Planned Commercial District (PCD) Amendment, Conditional Use
Permit, and Site Plan and Architectural Review
Marina Apartments Project
File# PLSR -14 -0021
RECOMMENDATION
It is recommended that the Planning Commission adopt:
a) A resolution recommending the City Council adopt a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (Attachment A); and
b) A resolution recommending the City Council approve an amended Marina Planned
Commercial District (Attachment B).
Additionally, it is recommended that the Planning Commission provide feedback on the
Conditional Use Permit and Site Plan and Architectural Review.
BACKGROUND
Location and Context
The Petaluma Marina is an approximate 30.59 -acre area at the southern edge of Petaluma's
urbanized area where it transitions into more open and sparsely developed land. The marina is
generally bound by the US 101, Petaluma River, Pacific Northwest Railroad, Lakeville Highway,
and Alman Marsh.
Alman Marsh is 80 acres of pasture /marsh that sits between Shollenberger Park on the south and
the Petaluma Marina on the north. It also abuts the Petaluma River. Alman Marsh is a mix of
brackish tidal wetlands, fed daily by the river, and degraded pasture uplands containing seasonal
freshwater wetlands. Alman Marsh also provides habitat for several threatened and endangered
species.
The project proposes to locate a new apartment building on a triangular parcel at the Petaluma
Marina, adjacent to Lakeville Highway /State Route 116 and the US 101 northbound on-
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(0-1
ramp /southbound off-ramp. This site, shown at Figure 1, is the last remaining area of
undeveloped land in the marina.
Figure 1— Project Location and Surrounding Vicinity.
General Plan Sub Area
The project site is located in the Lakeville Highway Subarea of the 2025 General Plan. The
Lakeville Highway subarea is bounded by Lakeville Highway, the Petaluma River and estuary,
Frates Road, Petaluma's Urban Growth Boundary (UGB), and US 101. The subarea's main
thoroughfare, Lakeville Highway, is a gateway to Petaluma both from its US 101 interchange, its
approach from the county areas on the southeast edge of town, and from communities to the east
and south via Highways 116 and 37.
A large portion of the subarea consists of marshlands, public trails, and open space along the
river, and business and light industrial parks at the southern terminus of McDowell Boulevard
South. The Ellis Creek Water Recycling Facility, located on the former Mascorini Ranch,
includes the old farm house, trails, and open space. Unincorporated rural lands lie east of
Lakeville Highway, which effectively frame the southeast corner of the City. This subarea also
contains the Petaluma Marina and the city's largest hotel.
Page 2
6 ®")—
The Lakeville Subarea also contains a residential neighborhood, which enjoys proximity to
Shollenberger Park, a large dredge disposal site and wetlands area with trails. With more
residential development anticipated in this area, the General Plan envisions creating a cohesive
neighborhood with close access to stores and services, as well as connections to the residential
areas north of Lakeville Highway. Additionally, the General Plan anticipates infill and
redevelopment opportunities to increase employment densities in the Lakeville and Oakmead
Northbay Business Parks.
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Prdjectr
South East Subarea',- "...
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1 Central °Petal ma'Specific Man z '* f,ryj` MylnYp }-- "
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/rlu� "��' Lakeville Highway Subarea
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Figure 2 — General Plan SubAreas.
Petaluma Marina
History
The 198 -berth Petaluma Marina was constructed in 1987 with money loaned by the State of
California. Just over half of the Marina's berths are usually rented out. As built, the marina
accommodates small transferable vessels under 35 feet in length. From the San Pablo Bay, the
distance to Petaluma is 14 miles upriver. A trip to the bay can typically exceed two hours.
Planned Commercial District
The Marina PCD was established by the City Council on February 1, 1988 via Resolution No.
88 -25. This approval established succinct development regulations to be applied to office, retail,
commercial, restaurant uses, with a combined maximum floor area of 250,000 square feet and
range of 805 to 878 off - street parking spaces. Since original approval, the Marina PCD has been
amended, by City Council and the Planning Director, a total of six times ((inl991, 1994, 1995,
Page 3
1998, 1999 and 2004). A complete summary of these actions, as well as all other related to the
establishment of the Marina PCD, is included at Attachment C.
The current Marina PCD General Development Plan, adopted via City COouncil Resolution No.
91 -365 N.C.S. and included at Attachment D, is prospective and includes a purpose statement,
proposed /allowed uses, maximum building heights, site plan, and building elevation. The
General Development Plan's site plan is at Figure 3 below.
Figure 3 — Existing Marina PCD — General Development Plan (Site Plan)
As mentioned, the project site is the last remaining undeveloped land in the Marina PCD. Under
the current regulations, this triangular parcel is envisioned to include up to 10,000 square feet of
commercial /restaurant or 30,000 square feet of office uses within a building between two and
three stories in height. Residential uses are not permitted.
Existing Easements
The Petaluma Marina is subject to many easements for access, parking and public utilities.
Figure 4 shows the locations of easements abutting the project site. The public access easements
may be adjusted but are required to ensure access to State Lands consisting of the open waters of
the marina and adjoining boat launch. The utility and access easement spanning the northern
Page 4
project site boundary may not be relocated since it pertains to a 36 -inch diameter sanitary sewer
force main located approximately ten (10) feet below - grade.
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% 5 _ Utility & Access Easement
Peoposed, fl ;
Public Access Easement
Figure 4 — Easements Adjacent to Project Site.
Surrounding Buildings and Land Uses
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1 C
The proposed apartment building site consists of a triangular area of exposed dirt surrounded by
asphalt parking lots. While Lakeville Highway defines the northern boundary of the project site,
the following describes other nearby features:
• West: an approximate 20 -foot wide level pathway including an alley of ornamental trees
extends approximately 1,700 feet to the mouth of the marina. To the immediate west of
this pathway is an outfall channel that conveys stormwater flows from residential
subdivisions to the north as well as from the US 101. The outfall channel supports a small
amount of coastal brackish marsh.
• South: a shared parking lot, office building, harbor master office, and office building are
immediately south of the project site. Additional office buildings and Petaluma's largest
hotel abuts the open waters of the marina. A city -owned parcel at the southeast corner of
Page 5
p5
the marina provides parking, information kiosks, and access to the Alman Marsh. This
trail head leads to the Petaluma Marsh trail network.
East: a bank (situated within the Marina PCD) is located at the southwest corner of
Lakeville Highway/Baywood Drive. Land uses located further east include public
storage, a small shopping center with retail, restaurant and indoor recreation, light
industrial, and office uses.
Access to Petaluma Marina
From Lakeville Highway, access to the apartment site (and entire marina) is possible at the
following three locations:
1. Lakeville Highway/Marina Avenue: This signalized intersection provides access for
westbound and eastbound vehicles. Bus stops for Petaluma Transit Routes 24 and 40 are
located on both sides of this intersection. A continuous sidewalk is provided along the
south side of Lakeville Highway (in this location) but not along Marina Avenue.
2. Lakeville Highway/Baywood Drive: This signalized intersection also provides access for
westbound and eastbound vehicles. Bus stops for Petaluma Transit Routes 24 and 40 are
also located on both sides of this intersection. A continuous sidewalk continues along the
south side of Lakeville Highway (in this location) and wraps around Baywood Drive at
each property fronting the intersection.
Lakeville Hi wM //Qriveway: A right -in, ingress only driveway is located at the
northwest corner of the marina. The sidewalk along the south side of Lakeville Highway
continues until beneath the US 101 where a signalized intersection provides a crosswalk
to a sidewalk along the north side.
An existing paved Class I pedestrian/bicycle trail exists to the immediate north of the project site
(between the parking lot and Lakeville Highway). That trail begins at the Lakeville
Highway /Drive access point described above and terminates at Baywood Drive. This trail is
discussed further under the Bicycle and Pedestrian Plan below.
Pedestrian and Bicycle Advisory Committee
The Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the project at their
November 4, 2015 meeting. The PBAC was generally supportive of the project and commented
that: (a) access (including signage) should be improved between Lakeville Highway at the
Alman Marsh trailhead; and (b) Petaluma Transit Route 24 does not currently pass by the project
on Lakeville Highway. The latter point responded to the project's proposal to install a bus stop
adjacent to the apartment building (on the south side of Lakeville Highway). However, Public
Works has since clarified the long term plan to modify Route 24 such that it would utilize the
proposed bus shelter.
Concerning improved pedestrian and bicycle access between Lakeville Highway and the Alman
Marsh, the PBAC suggested the use of pole- mounted signage and in -road signage. Presently,
Page 6
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there is no signage at Lakeville Highway or within the marina property alerting the public to the
presence of the Alman Marsh trail head. Staff concurs with the PBAC comments but, as
explained in the analysis below, has evolved it to implement new Class I bicycle facility.
PROJECT DESCRIPTION
The proposed project consists of a requested legislative action to amend the Marina PCD
development standards in order to accommodate a new residential apartment building. If the
requested amendments are approved, a subsequent Conditional Use Permit and Site Plan and
Architectural Review request would be acted upon. A description of each component follows
below.
Marina PCD Amendments
The applicant is proposing an amended Marina PCD in a manner that enables construction of the
proposed apartment building and which reflects the current built condition of the Petaluma
Marina. As approved, the Marina PCD is written prospectively prior to creation of the marina
and construction of existing buildings. The existing, approved Marina PCD General
Development Plan is included at Attachment D and the proposed Marina PCD is at Attachment
E.
The proposed PCD seeks to result in the following: (a) a contemporary set of regulations
reflecting the existing environmental setting (i.e., Petaluma Marina now exists); (b) consolidation
of the original approval and all subsequent amendments into a single document; (c) consistency
with the regulatory language and format of the current Implementing Zoning Ordinance; and (d)
establishment of land use districts, associated development standards and review processes (i.e.,
Site Plan and Architectural Review, Conditional Use Permit). All of these changes embody prior
City Council actions (e.g., land uses, development standards), except as noted below.
• Land Use Districts — Two land use districts are proposed — Public Marina and Open
Space District and Marina Support District. The purpose in creating these districts is to
ensure lands designated Public Marina and Open Space District exclude urban
development and, instead, "provide for uses consistent with public trust ownership such
as water - related commerce and recreation, navigation, fisheries, recreation, and open
space. Uses and development in this district require a site on, or adjacent to, the Petaluma
River to function at all or materially facilitate public access to open space and trails."
One combining district — Parking Combining District - is also proposed. This district was
created to apply to the shared parking lot with the following stated purpose, "To provide
an adequate number of unreserved and reserved off - street parking spaces, both privately
and publicly owned, to facilitate access to all land uses within the PCD, including the
Petaluma Marina." An ancillary purpose of the district is to ensure it is utilized for
parking spaces as opposed to additional, new buildings.
• Residential Use — Consistent with the applicant's request, the Marina PCD inserts
"Dwelling, Multiple" as an allowed use pending issuance of a Conditional Use Permit
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(CUP). ACUP requirement is recommended in order to ensure residential uses do not
proliferate to the detriment of commercial uses dependent upon and supportive of the
marina.
• Development Intensity — For the proposed apartment site, the amended Marina PCD
removes the prior 10,000 to 30,000 square foot and two to three story building limitations
and instead enacts a single maximum building height limitation of five (5) stories and
sixty -eight (68) feet.
• Public Access Parking — As proposed, the Marina PCD creates new reserved parking
spaces for public access. Nearby the boat launch, twenty (20) double - length spaces would
be marked as reserved for boaters. That reservation is made in light of the newly codified
shared parking program below.
• Shared Parking — The current Marina PCD excludes off - street parking space standards
per use and, instead, assumes a shared parking scenario. The proposed Marina PCD
retains the shared parking approach but: (a) sets a minimum number of shared parking
spaces to be available at all tunes (i.e., 762); (b) reserves eighty (80) parking spaces for
the new apartment building; and (c) reserves twenty (20) spaces for boaters.
Site Plan
The proposed project locates a new L- shaped building, five - stories in height, upon an existing
unpaved area at the northeast corner of the Petaluma Marina. (See Figure 5 below for site plan.)
Surface parking spaces surrounding the new building are already paved and striped. The project
includes a proposal to construct carports for eighty (80) spaces to the immediate north and south
of the new building. An unenclosed courtyard for residents is located at the north building
elevation. The project would connect the existing Class I trail immediately north of the new
building to an existing sidewalk on the west side of Baywood Drive.
Architecture
The proposed building includes design elements reflective of existing buildings at the Petaluma
Marina. These include building material (i.e., lap siding), steeply pitched hipped and gable roofs,
standing metal seem roof material, regular fenestration patterns, and white color. The proposed
buildings height is five stories and 65 -feet measured to the mid -point of tallest roof element.
Building - mounted arbors accent building corners. Sheets A1.02 through A1.05 and A5.00 at
Attachment F illustrate each building elevation. A rendering is included below at Figure 6.
Access
Pedestrian access to the building would be from a common lobby at the far - eastern portion of the
building. Two additional points of emergency egress are provided at the north and south
elevation. Access to each dwelling unit would be through an internal corridor. Elevator access is
provided to floor two through five. Outside the building, sidewalks would line the perimeter with
new crosswalks provided to the west and east of the building. Vehicular access to the project
would occur through the existing means described above.
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M. . ,
Figure 5 — Proposed Site Plan._
Shared Parlring
As mentioned above, the current Marina PCD excludes off - street parking space standards per use
and, instead, assumes a shared parking scenario. The proposed Marina PCD retains the shared
parking approach but: (a) sets a minimum number of shared parking spaces to be available at all
times (i.e., 762); (b) reserves eighty (80) parking spaces for the new apartment building; and (c)
reserves twenty (20) spaces for boaters. In support of the applicant's request to reserve eighty
(80) spaces for apartment residents, a shared parking analysis prepared by W -Trans was provided
(see Attachment G). That analysis supports the applicant's request, as follows:
• Parking demand for the entire Petaluma Marina site, including the proposed apartment
project, would be highest on weekdays at 2:00 PM with a total projected usage of 802
spaces. This translates to a peals usage of 93 percent and would leave approximately 59
shared parking spaces unoccupied.
The peak parking demand on weekend would be substantially lower, with a total usage of
461 spaces at noon, translating to a peak parking usage of 54 percent.
Page 9
The parking demand generated by the apartments would be lowest when overall site -wide
demand is highest (and vice versa). These opposing parking demand patterns result in
shared parking efficiencies.
With the use of shared parking and recommended site plan modifications, the parking
demand generated by the proposed project can be accommodated within the available
parking supply.
As proposed by the applicants, the CC &Rs for the Marina PCD will need to be updated
to reflect the parking recommendations contained in this analysis.
Staff concurs with this analysis including the conclusion that at least twenty (20) vehicular /trailer
parking spaces should be provided to accommodate boat ramp and associated marina uses. That
recommendation is included in the proposed Marina PCD Amendment.
Figure 6 — Proposed South Elevation (Facing Lakeville Street).
Landscaping
The proposed landscape plan includes plant materials consisting of trees, shrubs, grasses,
groundcovers and vines. Landscaping is proposed along the building perimeter, within the
proposed courtyard, and at landscape planters in the parking lot. Evergreen and deciduous trees
are proposed. A trellis with vines and grass plantings would line the carport abutting Lakeville
Highway.
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DISCUSSION
General Plan
Land Use Map
The project site has a General Plan land use designation of Mixed Use. As shown in Figure 7
below, the Mixed Use designation also applies to properties south of Lakeville Street/Highway,
on both sides of US 101. The Mixed Use designation requires a robust combination of uses,
including retail, residential, service commercial, and /or offices. Development is oriented toward
the pedestrian, with parking provided, to the extent possible, in larger common areas or garages.
Maximum FAR including both residential and non - residential uses is 2.5, and maximum
residential density is 30 dwelling units /acre.
Petaluma General Plan 2025
LAND USE CLASSIFICATIONS'
Rural Residential (0.1 -0.8 hWac)
- Very Low Density Residential (0.8 -2.5 hWac)
Lax Density Residential (2.".0 Wee)
Diverse Low Density Residential (8.1.12.0 hulac)
Medium Density Residential (8.1.18.0 hu/ac)
High Density Residential (18.1 -30.0 hulac)
Mobile Homes (8.0 -18.0 hWac)
Neighborhood Commercial
Community Commercial
Mixed Use
Business Pads
PubliclSeml- Public
EE...':':.. Education
i- Industrial
Agriouiture Support Industrial (CPSP)
® River Dependent industrial (CPSP)
Agriallum
_ City Park
Proposed City Park
Open Spaoe
Regional Park
I Urban Separator
Urban Separator Path
River Plan Corridor
Policies
Figure 7 — General Plan Designations.
General Plan policies below apply to the proposed project both by nature of the project's location
within the Lakeville Highway Subarea. Policies at General Plan Chapter 3 (Historic
Preservation), Chapter 7 (Community Facilities, Services and Education) and Chapter 9
(Economic Health & Sustainability) are not applicable to the project.
Chapterl: Land Use, Growth Management, & the Built Environment
Policy 1 -P -1 Promote a range of land uses at densities and intensities to serve the
community needs within the Urban Growth Boundary (UGB).
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(0-t I
Policy 1 -P -2 Use land efficiently by promoting infill development, at equal or higher
density and intensity than surrounding uses.
Policy 1 -P -11 Allow land use intensification at strategic locations along the arterial corridors
leading to Downtown and Central Petaluma, including aging commercial and
industrial sites.
Policy 1 -P -27 Encourage innovative site and building design to address parking solutions
such as shared, structured, and /or underground facilities.
Chapter 2: Community Design, Character, and Green Building
Policy 2 -P -5 Strengthen the visual and aesthetic character of major arterial corridors.
Policy 2 -P -11 Encourage and support the rehabilitation and development of buildings and
structures reflective of the history of Petaluma's rich agricultural and river
oriented industrial past and present.
Goal 2-G-5 (Lakeville Highway) Enhance the connectivity across and between all land
uses along the Lakeville Highway to minimize the barrier it creates by
presence, design and vehicular speed.
Policy 2 -P -27 Enable opportunities for a variety of synergistic and compatible uses adjacent
to the Petaluma Marina.
Policy 2 -P -30 Encourage new development between the Marina and Lakeville Highway to
be compatible and synergistic with the Marina complex.
Policy 2 -P -31 Enhance ecological diversity, education, and enhancements along the
Petaluma River and Estuary.
Chapter 4: The Natural Environment
Policy 4 -P -9 Require a percentage of parking spaces in large parking lots or garages to
provide electrical vehicle charging facilities.
Policy 4 -P -19 Encourage use and development of renewable or nontraditional sources of
energy.
Chapter 5: Mobility
Policy 5 -P -4 New development and /or major expansion or change of use may require
construction of off -site mobility improvements to complete appropriate links
in the network necessary for connecting the proposed development with
existing neighborhoods and land uses.
Policy 5 -P -10 Maintain an intersection level of service (LOS) standard for motor vehicle
circulation that ensures efficient traffic flow and supports multi -modal
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C-12—
mobility goals. LOS should be maintained at Level D or better for motor
vehicles due to traffic from any development project.
Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and Pedestrian Plan,
and expand and improve the bikeway system wherever the opportunity arises.
Policy 5 -P -20 Ensure that new development provides connections to and does not interfere
with existing and proposed bicycle facilities.
Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing neighborhoods and
require a well- connected pedestrian network linking new and existing
developments to adjacent land uses.
Policy 5 -P -23 Require the provision of pedestrian site access for all new development.
Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct off - street
bicycle and pedestrian travel. At the minimum, Class I standards shall be
applied unless otherwise specified.
Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the parcel
line of adjoining properties to provide separation from parking lots and
buildings; design connections as Class I facilities.
Policy 5 -P -30 Require all new development abutting any public trail to provide access to the
trail.
Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring
development to provide necessary support facilities throughout the city.
Chapter 6: Recreation Music & the Arts
Policy 6 -P -18 Development that occurs adjacent to designated trails and pathway corridors
shall be required to install and maintain the publicly owned and accessible
trail, in perpetuity.
Chapter 8: Water Resources
Policy 8 -P -38 All development activities shall be constructed and maintained in accordance
with Phase 2 National Pollutant Discharge Elimination System (NPDES)
permit requirements.
Policy 8 -P -39 Consider, to the extent practicable, requiring sustainable site design practices
as outlined in the `Sustainable Site Planning' text box contained herein.
Chapter 10: Health & Safety
Policy 10 -P -3 Protect public health and welfare by eliminating or minimizing the effects of
existing noise problems, and by minimizing the increase of noise levels in the
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future.
Chapter 11: Housing
Policy 1.1 Utilize sites within the UGB to accommodate anticipated long -term residential
growth.
Policy 1.2 Encourage the development of housing on underutilized land that is
appropriately zoned.
Policy 2.1 Encourage a mix of housing design types.
Bicycle and Pedestrian Plan
The Bicycle and Pedestrian Plan, approved May 2008, is a component of the Petaluma General
Plan. The Bicycle and Pedestrian Plan includes goals, policies and programs to guide the
implementation of a pedestrian- and bicycle - friendly community by means of complete streets,
infrastructure improvement, and transportation planning. A number of existing and planned
bicycle and pedestrian trails exist in the proposed project's immediate vicinity. Figure 8 below
identifies the General Plan's Proposed and Existing Bicycle Facilities.
BICYCLE FACILITIES
+ Existing Bike Rack Location
O Proposed Bike Rack Location
Class I - Off Street - Existing
...... Class I - Of Street - Proposed
Class II -On Street, Striped - Existing
e ^, Class II - On Street, Striped - Proposed
Class III - On Street, Signed - Existing
•••.•. Class III -On Street, Signed - Proposed
Recreational Trail, Existing
Recreational Trail - Proposed
COMMON DESTINATIONS
School
Retall/Employment
Park
'r Open Space
BOUNDARIES
= City Limits
Urban Growth Boundary (UGB)
m d Rivers and Creeks
I
N'
Figure 8 — Proposed and Existing Bicycle Facilities in Project Vicinity.
The planned Class I bicycle facility along the northern boundary of the Petaluma Marina consists
of a former railroad right -of -way now owned by the City of Petaluma. That same planned facility
continues as former railroad right -of -way, east of Marina Avenue, on a route past Rocky
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( _I /_f
Memorial Dog Park and terminating at Technology Lane. There is presently no funded capital
improvement project for this planned facility.
Between Baywood Drive and Marina Avenue, the former railroad right -of -way is level, highly
disturbed (e.g., trash, ruderal vegetation), and abuts the rear wall of a personal storage business
(see Figure 9 below). East of Marina Avenue, the area transitions into more varied terrain along
the eastern boundary'of the Alman Marsh where natural wetland habitat becomes prevalent and
urban stormwater drainage discharges (see Figure 10 below).
Figure 9 — Planned Class I Bicycle Facility at Petaluma Marina (Looking West).
Figure 10 — Planned Class I Bicycle Facility East of Marina Avenue (Looking North).
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M
The Bicycle and Pedestrian Plan identifies a proposed Recreational Trail at the eastern boundary
between the Petaluma Marina and Alman Marsh. The northern terminus of this trail is shown at
Figure 10 above and illustrates the proximity of existing asphalt parking spaces and an open
water channel.
Implementing Zoning Ordinance
As mentioned above, the project site is zoned Marina PCD. Zoning Map designations for the
project site and nearby parcels are shown at Figure 11 below. Designations south of the project
site are Open Space -Park (OSP); those to the north and east are Commercial 1 (Cl), Commercial
2 (C2), and Mixed Use 113 (MU1B). The hatched overlay at Figure 11 depicts 100 -year
floodplain boundaries.
PUD (Planned Unit District)
R1 (Residential t)
R2 (Residential 2)
R3 (Residential 3)
R4 (Residential 4)
R5 (Residential 5)
CS (Civic Space)
T-4 (Urban General)
T -5 (Urban Center)
T-8 (Urban Core)
0-1 (HAS. District)
D -2 (Railroad District)
® D-3 (R.D.I. District)
D-4 (Throughtare District)
C1 (Commercial l)
C2 (Commercial 2)
CF (Civic Facility)
s FW (Fioodvay)
I(Industrial)
® MH (Mobile Home)
MU to (Mixed Use 1A)
MU18 (Mixed Use 18)
MU1C (Mixed Use 1C)
- MU2 (Mixed Use 2)
.+ OSP (Open Space -Park)
PCD (Planned Community Devi
A
Ilk
LM
Figure 11— Zoning for Project Site and Surrounding Vicinity.
STAFF ANALYSIS
PCD Amendment
The proposed PCD Amendment and scope of the Planning Commission's review is subject to the
provisions of IZO Chapter 19.030 (Findings). The proposed PCD Amendment may be approved
by the City Council upon recommendation of the Planning Commission. In recommending the
approval, or modification, of said PCD, the Commission must find that said PCD, or
modification thereof, clearly results in a more desirable use of land and a better physical
environment than would be possible under any single zoning district or combination of zoning
districts, and in addition to such general findings, the Planning Commission and City Council
shall make the following specific findings (staff analysis in italics):
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1. That any P.U.D., or modification of a P.C.D., is proposed on property which has a suitable
relationship to one (1) or more thoroughfares, and that said thoroughfares are adequate to
carry any additional traffic generated by the development.
The Traffic Impact Study prepared for the project demonstrates that affected thoroughfares
are adequate to carry traffic generated by the project. For existing, baseline and future
conditions including the proposed project, study intersections would either operate at LOS D
or better or, for those estimated to operate at LOS E, the project's incremental contribution
of vehicular trips is below the General Plan EIR's threshold to be considered a significant
effect. The proposed project is subject to the mandatory payment of traffic impacts mitigation
fees which, at eighty (80) multiple family dwellings), is estimated to be $902,720. Payment of
that fee is substantially more than would be required under the current Marina PCD and
would be applied towards planned transportation improvement projects. For these reasons,
the project does have a suitable relationship to thoroughfares and they are adequate to carry
the additional traffic generated by the project.
2. That the plan, or modification thereof, 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 that adequate landscaping and/or screening is included if
necessary to insure compatibility.
The project concerns an existing building site identified by the existing Marina PCD. The
project would modify the planned buildingfor this location by making it taller (i.e., from 2 to
3 stories up to 5 stories) and of a residential use. Existing parking and major landscaping
features of the Marina PCD have already been installed and would be unaltered by the
project.
The proposed location of residential uses is sufficiently removed from existing commercial
uses to prevent incompatibility. Most existing commercial uses, including the Sheraton hotel,
are primarily accessible from and interact with the east building elevation and abutting
parking lot. The closest commercial building facing the proposed apartments is located
approximately 250 feet to the south and includes ground -level offices, recreational
equipment rental, and a coffee shop.
Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be
adjacent to the proposed apartment building and signed for exclusive use by boaters. This
ensures the public's continued use of the marina (and Petaluma River) and an appropriate
relationship between uses. Additionally, the submitted shared parking study demonstrates the
reservation of parking eighty (80) parking spaces for apartment residents will not discourage
public use of the marina nor employee and customer access to existing commercial uses.
3. That the natural and scenic qualities of the site are protected, with adequate available public
and private spaces designated on the Unit Development Plan or General Development Plan.
The project concerns a site within an existing asphalt parking lot and, therefore, would not
be located on natural habitat areas. The project is located nearby an open water channel
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G-1 -1
that leads to the Petaluma River but would not alter any of the ornamental and natural
vegetation present there.
The project would result in the development of a new structure that would be highly visible
from public vantage points but would not obstruct scenic vistas identified by the General
Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and
would not be visible from the Washington Street overpass, McNear Peninsula or Rocky
Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or
other important vistas such as open space.
The project's location is intended for a building rather than public open space. Existing
public open space at and around the Petaluma marina would be unaltered by the project.
Submitted architectural plans indicate the project can accommodate adequate private (i.e.,
balconies) and shared open space (i.e., courtyard).
For all the reasons above; the project would protect the natural and scenic qualities of its
site, and adequate available public and private spaces are designated, where existing, and
feasible, where applicable.
4. That 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 the City.
The project would result in more robust combination of mixed uses, as contemplated by the
General Plan's Land Use Map Mixed Use designation, and occur at a location within
Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor -area-
ratio permitted by the General Plan and, with the implementation of Mitigation Measure LU-
1, will also comply with the permitted maximum residential density.
General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic
and compatible uses adjacent to the Petaluma Marina, " and Policy 2 -P -30, states,
"Encourage new development between the Marina and Lakeville Highway to be compatible
and synergistic with the Marina complex" The project would result in a greater variety of
uses at the Petaluma Marina and, at this particular location and configuration of circulation
and parking features, would not result in an incompatibility. The project's residential use
may result in a complementary relationship by providing increased patronage of existing
commercial uses.
However, concerning the topic of circulation, the project falls short of sufficiently advancing
several policies pertaining to pedestrian and bicycle facilities. For the General Plan's
Lakeville Highway Subarea, Goal 2 -G -5 states, "Enhance the connectivity across and
between all land uses along the Lakeville Highway to minimize the barrier it creates by
presence, design and vehicular speed. " The planned Class I bicycle facility abutting the
northern boundary of the Petaluma Marina presents an obvious opportunity to enhance
connectivity and, as Policy 5 -P -4 directs, "New development and /or major expansion or
Page 18
change of use may require construction of off -site mobility improvements to complete
appropriate links in the network necessary for connecting the proposed development with
existing neighborhoods and land uses. "
Many other additional General Plan policies apply in this instance and state, as follows:
Policy 5-P -15 Implement the bikeway system as outlined in the Bicycle and
Pedestrian Plan, and expand and improve the bikeway system
wherever the opportunity arises.
Policy 5-P -20 Ensure that new development provides connections to and does not
interfere with existing and proposed bicycle facilities.
Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing
neighborhoods and require a well - connected pedestrian network
linking new and existing developments to adjacent land uses.
Policy 5-P -25 Establish a network of multi -use trails to facilitate safe and direct off -
street bicycle and pedestrian travel. At the minimum, Class I standards
shall be applied unless otherwise specified.
Policy 5-P -27 Locate connections to Class I facilities from parallel routes along the
parcel line of adjoining properties to provide separation from parking
lots and buildings; design connections as Class I facilities.
Policy 5 -P -30 Require all new development abutting any public trail to provide
access to the trail.
Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring
development to provide necessary support facilities throughout the
city.
Given the legislative aspect of the project and resulting substantial change and increase in
land use intensity, staff recommends the project should include: (a) the installation of a Class
I bicycle facility between Baywood Drive and Marina Avenue; and (b) dedication of a public
access easement across the abutting parcel to the south (i.e., Assessor Parcel Number 005-
060 -066). With the inclusion of those planned facilities, the proposed project will be in the
best interests of the City and in keeping with the general intent and spirit of the General
Plan.
Actions Post - Marina PCD Amendment Approval
Should the Unit Development Plan Amendment request ultimately be approved by City Council,
the design details (i.e., site and building) of the project would be subject to Site Plan and
Architectural Review (SPAR) and Conditional Use Permit review by the Planning Commission.
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Site Plan. and Architectural Review
The Commission is invited to provide preliminary feedback on the project's design details
including how they relate to the following findings required to grant SPAR approval.
1. The project proposes appropriate use of quality materials and harmony and proportion of
the overall design.
2. The architectural style should be appropriate for the project in question, and compatible
with the overall character of the neighborhood.
3. The siting of the structure on the property is compatible with the siting of other structures
in the immediate neighborhood.
4. The size, location, design, color, number, lighting, and materials of all signs and outdoor
advertising structures.
5. The bulk, height, and color of the proposed structures are consistent with the bulk, height,
and color of other structures in the immediate neighborhood.
6. Landscaping, to approved City standards, shall be required on the site and shall be in
keeping with the character or design of the site. Existing trees shall be preserved
wherever possible, and shall not be removed unless approved by the Planning
Commission.
7. Ingress, egress, internal circulation for bicycles and automobiles, off - street automobiles
and bicycle parking facilities and pedestrian ways shall be so designed as to promote
safety and convenience, and shall conform to approved City standards. Any plans
pertaining to pedestrian, bicycle, or automobile circulation shall be routed to the PBAC
for review and approval or recommendation.
The Commission is also invited to provide preliminary feedback on the project's use, aspects
including how they relate to the following findings required to grant Conditional Use Permit
approval.
1. The siting of the building or use, and in particular:
Page 20
a. The adequacy of the site to accommodate the proposed use or building and all
related activities.
b. The location and possible screening of all outdoor activities.
c. The relation of the proposed building or use to any adjoining building with
particular attention to protection of outlook, light, air, and peace and quiet.
d. The location and character of any display of goods and services and the size,
nature, and lighting of any signs.
®2--o
e. The intensity of activity
2. Traffic circulation and parking, and in particular:
a. a. The type of street serving the proposed use in relation to the amount of traffic
expected to be generated.
b. The adequacy, convenience, and safety of provisions for vehicular access and
parking, including the location of driveway entrance and exits.
c. The amount, timing, and nature of any associated truck traffic.
3. The compatibility of the proposed building or use with its environment, and in
particular:
a. a. The number of customers or users and the suitability of the resulting activity
level to the surrounding uses and especially to any neighboring uses of unusual
public importance such as schools, libraries, playgrounds, churches, and hospitals.
b. b. Hours of operation.
c. c. Adequacy of provisions for the control of any off -site effects such as noise,
dust, odors, light, or glare, etc.
d. d. Adequacy of provisions for protection of the public against any special hazards
arising from the intended use.
e. e. The proportion of total space utilized.
4. The expected duration of the proposed building, whether temporary or permanent,
and the setting of time limits when appropriate.
5. The degree to which the location of the particular use in the particular location can be
considered a matter of public convenience and necessity.
PUBLIC COMMENT
A notice of public hearing was published in the Argus Courier on November 19, 2015, and
mailed to all property owners and occupants within 1,500 feet of the subject property. That
notice was provided thirty (30) days in advance of the public hearing since it also include the
public notice pertaining to the Initial Study/Mitigated Negative Declaration prepared pursuant to
the California Environmental Quality Act (CEQA). No comments on the project have been
received to date.
ENVIRONMENTAL REVIEW
In accordance with the CEQA, an Initial Study was prepared by staff to address the project's
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potential effects on the environment (Attachment E). The Initial Study does not identify any
significant environmental effects. For all potentially significant effects, mitigation measures
reducing their severity to a less than significant level have been incorporated into the project and
agreed to by the applicant. Therefore, a Mitigated Negative Declaration (MND) was prepared
rather than an Environmental Impact Report (EIR). The Initial Study and MND were circulated
for a thirty (30) public review period between November 19, 2015 and December 19, 2015. The
MND is included at Attachment H.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Page 22
Resolution for CEQA Adoption
Resolution for Recommending PCD Amendment Approval
Marina PCD History
Existing Marina PCD General Development Plan
Proposed Marina PCD
Apartment Building Plans
Shared Parking Study
Initial Study/Mitigated Negative Declaration
C -2-Z
ATTACHMENT 7
DATE: April 4, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Kevin Colin, Senior Planner
Heather Hines, Planning Manager
SUBJECT: Resolutions Adopting a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and Granting an Appeal and Overturning the
Planning Commission's De Facto Denial of Amendments to the General
Development Plan for the Marina Planned Community District.
RECOMMENDATION
It is recommended that the City Council approve:
a) A resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
b) A resolution granting the appeal and overturning the Planning Commission's de facto denial
of amendments to the General Development Plan for the Marina Planned Community
District.
BACKGROUND
Project Location
The project proposes to locate a new apartment building on a triangular parcel at the Petaluma
Marina, adjacent to Lakeville Highway /State Route 116 and the US 101 northbound on-
ramp /southbound off -ramp. The apartment site, shown at Figure 1 and located within the Marina
Planned Community District (Marina PCD), is the last remaining area of undeveloped land on
site.
The Petaluma Marina is an approximate 30.59 -acre area at the southern edge of Petaluma's
urbanized area where it transitions into more open and sparsely developed land. The Marina is
generally bound by US 101, the Petaluma River, Pacific Northwest Railroad, Lakeville Highway,
and Alman Marsh. Alman Marsh is 80 acres of pasture /marsh that sits between Shollenberger
Park and the Petaluma Marina on the north. Alman Marsh is a mix of brackish tidal wetlands, fed
daily by the river, and degraded pasture uplands containing seasonal freshwater wetlands.
Page 1
Figure 1— Apartment Building and Marina PCD Location.
Marina Planned Community District
The Marina PCD was established by the City Council on February 1, 1988 via Resolution No.
88 -25. This approval dovetailed with the literal creation of the Petaluma Marina in 1987 and
established succinct development regulations to be applied to office, retail, commercial and
restaurant uses. Regulations governing permitted uses and development standards (e.g., building
size, height) are contained within a General Development Plan.
Since original approval, the Marina PCD has been amended a total of six times (in 1991, 1994,
1995, 1998, 1999 and 2004). A complete summary of these actions, as well as all others related
to the establishment of the Marina PCD, is included at Attachment 3.
The current Marina PCD General Development Plan, adopted by City Council Resolution No.
91 -365 N.C.S. and included at Attachment 4, is prospective and includes a purpose statement,
proposed /allowed uses, maximum building heights, site plan, and building elevations. Under the
current regulations, the proposed apartment site is envisioned to include up to 10,000 square feet
of commercial /restaurant or 30,000 square feet of office uses within a building between two and
three stories in height. Residential uses are not permitted.
The Marina PCD's current General Development Plan site plan is at Figure 2.
Page 2
1'�—
LM1 YILLL MOMRY
Figure 2 — Existing Marina PCD — General Development Plan (Site Plan)
Project Description
The proposed project consists of a requested legislative action to amend the Marina PCD
development standards in order to accommodate a new apartment building. If the requested
amendments were approved, a subsequent Conditional Use Permit and Site Plan and
Architectural Review request would be necessary at the discretion of the Planning Commission.
Marina PCD Amendment
The applicant is proposing an amended Marina PCD to enable construction of the proposed
apartment building and which reflects the current built condition of the Petaluma Marina. The
existing Marina PCD is written prospectively prior to creation of the Marina and construction of
existing buildings. The proposed, amended Marina PCD, located at Attachment 5, seeks to result
in the following:
a) A contemporary set of regulations reflecting the existing environmental setting (i.e., as
Petaluma Marina now exists);
b) Consolidation of the original approval and all subsequent amendments into a single
document;
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1-3
c) Consistency with the regulatory language and format of the current Implementing Zoning
Ordinance (IZO); and
d) Establishment of land use districts, associated development standards and review
processes (i.e., Site Plan and Architectural Review, Conditional Use Permit).
All of these changes embody prior City Council actions (e.g., land uses, development standards),
except as noted below.
Land Use Districts — Two land use districts are proposed — Public Marina and Open
Space District and Marina Support District. The purpose in creating these districts is to
ensure lands designated Public Marina and Open Space District exclude urban
development and, instead, "provide for uses consistent with public trust ownership such
as water - related commerce and recreation, navigation, fisheries, recreation, and open
space. Uses and development in this district require a site on, or adjacent to, the Petaluma
River to function at all or materially facilitate public access to open space and trails."
One combining district — Parking Combining District - is also proposed. This district was
created to apply to the shared parking lot with the following stated purpose, "To provide
an adequate number of unreserved and reserved off - street parking spaces, both privately
and publicly owned, to facilitate access to all land uses within the PCD, including the
Petaluma Marina." An ancillary purpose of the district is to ensure it is utilized for
parking spaces as opposed to additional, new buildings.
• Residential Use — Consistent with the applicant's request, the Marina PCD inserts
"Dwelling, Multiple" as an allowed use pending issuance of a Conditional Use Permit
(CUP). A CUP requirement is recommended in order to ensure residential uses do not
proliferate to the detriment of commercial uses dependent upon and supportive of the
marina.
• Development Intensity — For the proposed apartment site, the amended Marina PCD
removes the prior 10,000 to 30,000 square foot and two to three story building limitations
and instead enacts a single maximum building height limitation of five (5) stories and
sixty -eight (68) feet.
• Public Access Parking — As proposed, the Marina PCD creates new reserved parking
spaces for public access. Near the boat launch, twenty (20) double - length spaces would
be marked as reserved for boaters. That reservation is made in light of the newly codified
shared parking program below.
• Shared Parking — The current Marina PCD excludes off - street parking space standards
per use and, instead, assumes a shared parking scenario. The proposed Marina PCD
retains the shared parking approach but: (a) sets a minimum number of shared parking
spaces to be available at all times (i.e., 762); (b) reserves eighty (80) parking spaces for
the new apartment building; and (c) reserves twenty (20) spaces for boaters.
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q -4
Proposed Apartment Building
The proposed construction project would locate a new L- shaped building, five- stories in height,
upon an existing unpaved area at the northeast corner of the Petaluma Marina. (See Figure 3
below for site plan.) Surface parking spaces surrounding the new building are already paved and
striped. The project includes a proposal to construct carports for up to to ninety (90) spaces to the
immediate north and south of the new building. The project would connect the existing Class I
trail immediately north of the new building to an existing sidewalk on the west side of Baywood
Drive.
I
:'•�� �}. �� �. �� =sai 1 i ,`,' jj , Prolect Sit@
m
;
• L
yam,
i
5 r
`t' 5`11 51� ,- +� y1 \". \�`•� .. _ 1 ^. �_..
f \
5 ti ti� I '��� C�. n•-,.. ,•Y;i r �,.,�, ^II 11, X11 '
,(
t1 5t1,t r t 5 51•' I' 1_ �\ � pMV ri xi ._. �r �, {�S�
/'3 f 5 -\
• fl' l I I f
Figure 3 — Proposed Site Plan.
Pedestrian access to the building would be from a common lobby at the far - eastern portion of the
building. Two additional points of emergency egress are provided at the north and south
elevation. Access to each dwelling unit would be through an internal corridor. Elevator access is
provided to floor two through five. Outside the building, sidewalks would line the perimeter with
new crosswalks provided to the west and east of the building. Vehicular ingress and egress to the
project would occur from the intersection of Lakeville Highway/Baywood Drive. A second
egress -only point to Lakeville Highway is provided immediately west of the project.
The proposed building includes design elements reflective of existing buildings at the Petaluma
Marina. These include building material (i.e., lap siding), steeply pitched hipped and gable roofs,
standing metal seam roof material, regular fenestration patterns, and white color. The proposed
building height is five stories and 65 -feet measured to the mid -point of tallest roof element.
Building- mounted arbors accent building corners. A building rendering is included at Figure 4.
The complete plan set for the apartment building is included at Attachment 6.
Page 5
Figure 4 — Proposed North Elevation (Facing Lakeville Highway).
Pedestrian and Bicycle Advisory Committee
The Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the project at their
November 4, 2015 meeting. The PBAC was generally supportive of the project but requested
that access (including signage) be improved between Lakeville Highway and the Alman Marsh
trailhead and observed that Petaluma Transit Route 24 does not currently pass by the project on
Lakeville Highway. The latter point responded to the project's proposal to install a bus stop
adjacent to the apartment building (on the south side of Lakeville Highway). However, the
Public Works and Utilities Department has since clarified the long term plan to modify Route 24
such that it would utilize the proposed bus shelter.
Concerning improved pedestrian and bicycle access between Lakeville Highway and the Alman
Marsh, the PBAC suggested the use of pole- mounted signage and in -road signage. Presently,
there is no signage at Lakeville Highway or within the Marina property alerting the public to the
presence of the Alman Marsh trail head. Staff concurs with the PBAC comments but, as
explained below, evolved it to implement a new, adjacent and already - planned Class I bike path.
Planning Commission
On December 22, 2015, the Planning Commission considered a proposed Mitigated Negative
Declaration and request to amend the Marina PCD at a noticed public hearing. The Planning
Commission approved (3 -1) a resolution recommending that the City Council adopt the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. However, a
motion to approve the Marina PCD amendment resulted in a tie vote (2 -2) and is considered a de
facto denial pursuant to IZO §25.050 rather than a recommendation for denial with requisite
findings. There was no public comment at the Planning Commission meeting. The Planning
Commission staff report and meeting minutes are included as Attachment 7.
In reviewing the project, the Planning Commission provided the following comments:
Residential Use — A majority of Planning Commissioner's agreed that a change of use
from commercial to residential would be appropriate for this location. There was also
support for a mix of uses in the Petaluma Marina.
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2. Class I Bike Path — A majority of Planning Commissioner's agreed with staff's
recommendation (discussed below) to condition the project to require the construction of
a Class I bike path across City -owned APN 005- 060 -065 and dedicate an access
easement (for a future Class I bike path) across APN 005- 060 -066.
3. Apartment Building Design — Two Commissioners expressed concern about the
apartment building's height and design.
City Council
On March 7, 2016, the City Council continued consideration of this project to April 4, 2016. The
continuance was at the applicant's request and was received by staff after public notice was sent.
No public speakers came forward on March 7, 2016.
Appeal
Implementing Zoning Ordinance (IZO) §25.050 (Amendments — Public Hearings of the Planning
Commission) provides that, "Denial of an application shall in all cases, except an amendment
initiated by the City Council, terminate the proceedings unless such decision is appealed to the
City Council as provided below." In response to the de facto denial, the applicant submitted, on
December 29, 2015, a valid and timely appeal of the Planning Commission's action.
The applicant's appeal "contends that the Planning Commission erred in failing to recommend
approval by the City Council of the proposed amendment to the Marina PCD." Additionally, the
applicant seeks approval by the City Council but "without conditions requiring construction of
an off -site bike path and dedication of an off -site public access easement owned by others." The
appeal letter is included at Attachment 8.
In a February 2, 2016 email to staff, the applicant requested that staff clarify the recommended
bike path condition would only apply to residential construction at the project site. Additionally,
the applicant presented a request to modify the project description by increasing the number of
residential units from eighty (80) to ninety (90), a potential change that was discussed at the
December 22, 2015 Planning Commission meeting. This change would be accommodated by
revised floor plans that divide two- bedroom units into one - bedroom units without any effect to
the building height, massing or elevations. The only change to the site plan would be ten (10)
additional carports to the immediate south of the building.
DISCUSSION
Overview
Because the Planning Commission's action on the Marina PCD modification resulted in a de
facto denial and not one with requisite findings of fact (for denial or approval), staff is presenting
its original recommendation, as offered to the Planning Commission. Dissenting votes on the
Marina PCD modification appeared to support residential use at the Petaluma Marina but did not
support the proposed height and massing of the proposed apartment building. When considering
the analysis below and in the event the City Council concurs with concerns about building height
and scale, an approval action on the Marina PCD modification could include revised and /or new
development standards pertaining to building height, size, step backs, etc.
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7`7
Required Findings
The proposed PCD Amendment and scope of the City Council's review is subject to the
provisions of IZO Chapter 19.030 (Findings). In acting on the proposal, the City Council must
find that said PCD, or modification thereof, clearly results in a more desirable use of land and a
better physical environment than would be possible under any single zoning district or
combination of zoning districts, and in addition to such general findings, the IZO requires the
City Council to make the following specific findings (staff analysis in italics):
1. That any P.U.D., or modification of a P.C.D., is proposed on property which has a suitable
relationship to one (1) or more thoroughfares, and that said thoroughfares are adequate to
carry any additional traffic generated by the development.
The Traffic Impact Study prepared for the project demonstrates that affected thoroughfares
are adequate to carry traffic generated by the project. For existing, baseline and future
conditions including the proposed project, study intersections would either operate at LOS D
or better or, for those estimated to operate at LOS E, the project's incremental contribution
of vehicular trips is below the General Plan EIR's threshold to be considered a significant
effect.
The proposed project is subject to the mandatory payment of traffic impact mitigation fees
which, at ninety (90) multiple family dwellings, is estimated to be $752,670. Payment of that
fee is substantially more than would be required under the current Marina PCD and would
be applied towards planned transportation improvement projects. For these reasons, the
project does have a suitable relationship to thoroughfares and they are adequate to carry the
additional traffic generated by the project.
2. That the plan, or modification thereof, 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 that adequate landscaping and /or screening is included if
necessary to insure compatibility.
The project concerns an existing building site identified by the existing Marina PCD. The
project would modify the planned building for this location by malting it taller (i.e., from 2 to
3 stories up to 5 stories) and of a residential use. Existing parlring and major landscaping
features of the Marina PCD have already been installed and would be unaltered by the
project.
The proposed location of residential uses is sufficiently removed from existing commercial
uses to prevent incompatibility. Most existing commercial uses, including the Sheraton Hotel,
are primarily accessible from and interact with the east building elevation and abutting
parking lot. The closest commercial building facing the proposed apartments is located
approximately 250 feet to the south and includes ground -level offices, recreational
equipment rental, and a coffee shop.
Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be
adjacent to the proposed apartment building and signed for exclusive use by boaters. This
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ensures the public's continued use of the Marina (and Petaluma River) and an appropriate
relationship between uses. Additionally, the submitted shared parking study demonstrates the
reservation of ninety (90) parking spaces for apartment residents will not discourage public
use of the Marina nor employee and customer access to existing commercial uses.
3. That the natural and scenic qualities of the site are protected, with adequate available public
and private spaces designated on the Unit Development Plan or General Development Plan.
The project concerns a site within an existing asphalt parking lot and, therefore, would not
be located on natural habitat areas. The project is located nearby an open water channel
that leads to the Petaluma River but would not alter any of the ornamental and natural
vegetation present there.
The project would result in the development of a new structure that would be highly visible
from public vantage points but would not obstruct scenic vistas identified by the General
Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and
would not be visible from the Washington Street overpass, McNear Peninsula or Rocky
Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or
other important vistas such as open space.
The project's location is intended for a building rather than public open space. Existing
public open space at and around the Petaluma Marina would be unaltered by the project.
Submitted architectural plans indicate the project can accommodate adequate private (i.e.,
balconies) and shared open space (i.e., courtyard).
For all the reasons above, the project would protect the natural and scenic qualities of its
site, and adequate available public and private spaces are designated, where existing, and
feasible, where applicable.
4. That 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 the City.
The project would result in more robust combination of mixed uses, as contemplated by the
General Plan's Land Use Map Mixed Use designation, and occur at a location within
Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor -area-
ratio permitted by the General Plan and, with the implementation of Mitigation Measure LU-
1, will also comply with the permitted maximum residential density.
General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic
and compatible uses adjacent to the Petaluma Marina, " and Policy 2 -P -30, states,
"Encourage new development between the Marina and Lakeville Highway to be compatible
and synergistic with the Marina complex" The project would result in a greater variety of
uses at the Petaluma Marina and, at this particular location and configuration of circulation
and parking features, would not result in an incompatibility. The project's residential use
Page 9
may result in a complementary relationship by providing increased patronage of existing
commercial uses.
However, concerning the topic of circulation,
several policies pertaining to pedestrian a.
Lakeville Highway Subarea, Goal 2 -G -5 s
between all land uses along the Lakeville I
the project falls short of sufficiently advancing
d bicycle facilities. For the General Plan's
ates, "Enhance the connectivity across and
ighway to minimize the barrier it creates by
presence, design and vehicular speed. The planned Class I bicycle facility' abutting the
northern boundary of the Petaluma Marina presents an obvious opportunity to enhance
connectivity and, as Policy 5 -P -4 directs, "New development andlor major expansion or
change of use may require construction of off -site mobility improvements to complete
appropriate links in the network necessary for connecting the proposed development with
existing neighborhoods and land uses. "
Many other additional General Plan policies apply in this instance and state, as follows:
Policy 5 -P -15 Implement the bikeway system as outlined in the Bicycle and
Pedestrian Plan, and expand and improve the bikeway system
wherever the opportunity arises.
Policy 5 -P -20 Ensure that new development provides connections to and does not
interfere with existing and proposed bicycle facilities.
Policy 5 -P -22 Preserve and enhance pedestrian connectivity in existing
neighborhoods and require a well - connected pedestrian network
linking new and existing developments to adjacent land uses.
Policy 5 -P -25 Establish a network of multi -use trails to facilitate safe and direct off -
street bicycle and pedestrian travel. At the minimum, Class I standards
shall be applied unless otherwise specified.
Policy 5 -P -27 Locate connections to Class I facilities from parallel routes along the
parcel line of adjoining properties to provide separation from parking
lots and buildings; design connections as Class I facilities.
Policy 5 -P -30 Require all new development abutting any public trail to provide
access to the trail.
Policy 5 -P -31 Make bicycling and walking more desirable by providing or requiring
development to provide necessary support facilities throughout the
city.
Given the legislative aspect of the project and resulting substantial change and increase in
land use intensity, staff's recommendation to the Planning Commission was that the project
should include: (a) the installation of a Class I bike path between Baywood Drive and
Marina Avenue; and (b) dedication of a public access easement across the abutting parcel to
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the south (i.e., Assessor Parcel Number 005 -060 -066). The General Plan designates both of
these properties, at Figure 5 -2 (Proposed and Existing Bicycle Facilities), to include a Class
I bike path. With the inclusion of those planned facilities, a majority of the Planning
Commissioners in attendance and staff concurred the proposed project will be in the best
interests of the City and in keeping with the general intent and spirit of the General Plan.
Figure 5 below depicts the location of the recommended bilce path and access easement.
When considering a recommendation for the applicant to construct the Class I bilce path
upon City property staff considered both the policy basis and financial implications to the
project. On the later point, staff notes that, on December 7, 2015, the City Council lowered
the traffic impact fee for multiple family dwellings, on a per unit basis, from $11,559 to
$8,363 (or 28 %). At nineo, (90) units, this amounts to a $287,640 reduction in fees for the
project; a change made while the development application was in process. In staff's
estimation, this fee reduction exceeds the cost of the recommended Class I bike path.
Figure 5 — Location of Recommended Class I Bike Path and Access Easement.
Since the Planning Commission meeting, staff has learned that the applicant owns only a
3.37% interest in the property (APN 005- 060 -066) recommended to include a public access
easement. The remaining interest is divided between four additional limited liability
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companies. That property, a former railroad right -of -way, is already subject to an existing
public utility easement for the City's main sewer force line leading to the Ellis Creek Water
Recycling Facility. That easement alone renders the property undevelopable for urban
development. However, the applicant objects to the recommended condition to work with the
other property owners to establish an additional public access easement.
Environmental Review
In accordance with the CEQA, an Initial Study was prepared by staff to address the project's
potential effects on the environment. The Initial Study and MND were circulated for a thirty (30)
day public review period between November 19, 2015 and December 19, 2015. One comment
letter was received from CalTrans and did not note any issues or concerns with regard to the
Initial Study's adequacy or accuracy. The Planning Commission approved Resolution No. 2015-
25 (see Attachment 9) recommending that the Council approve the MND for the overall project.
Subsequent to the public review period and December 22, 2015 Planning Commission meeting,
the applicant requested an increase in the number of dwelling units from eighty (80) to ninety
(90). In response, staff prepared a Revised Initial Study (see Attachment 10) to determine
whether the unit count change would result in any changes to the prior impact determinations.
The results of that analysis indicate no change to the prior impact determinations.
Both the original Initial Study and Revised Initial Study do not identify any significant
environmental effects. For all potentially significant effects, mitigation measures reducing their
severity to a less than significant level have been incorporated into the project and agreed to by
the applicant.
Pursuant to CEQA Guidelines §15073.5, recirculation of the Revised Initial Study for public
review is not required because it does not constitute a "substantial revision" nor does it identify
any new, avoidable significant effects, or any new potentially significant effects, and, lastly, it
does not include any new or modified mitigation measures. The Revised Initial Study includes
new information that merely clarifies the reasons why the project, as modified, would not result
in any new, significant effects.
Therefore, for all the reasons above, a Mitigated Negative Declaration (MND) was prepared
rather than an Environmental Impact Report (EIR).
FINANCIAL IMPACTS
The project is subject to cost recovery with all expenses paid by the applicant. The applicant has
paid $33,214.64 cost recovery fees to date.
ATTACHMENTS
1. Draft Resolution Adopting a Mitigated Negative Declaration
2. Draft Resolution Approving an Amended Marina Planned Community District
3. Summary of Marina PCD Amendments
Page 12
4. Current Marina PCD General Development Plan
5. Proposed, Amended Marina PCD
6. Project Plans
7. Planning Commission Staff Report and Minutes, December 22, 2015
8. Applicant Appeal
9. Planning Commission Resolution No. 2015 -25
10. Revised Initial Study
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DATE:
TO:
FROM:
REVIEWED BY
SUBJECT:
July 12, 2016
Planning Commission
Kevin Colin, Deputy Planning Manager
Heather Hines, Planning Manager
FTAI ■ GAIN ■ I ►I I al 011 MU-0
AGENDA ITEM NO. 8.A
Site Plan and Architectural Review - Conditional Use Permit
Marina Apartments Project
File# PLMA -15 -0004
RECOMMENDATION
It is recommended that the Planning Commission adopt:
a) A resolution approving Site Plan and Architectural Review, subject to conditions
(Attachment A); and
b) A resolution approving a Conditional Use Permit for a "Dwelling, Multiple" land use at the
project site (Attachment B).
BACKGROUND
Location and Context
The Petaluma Marina is an approximate 30.59 -acre area at the southern edge of Petaluma's
urbanized area where it transitions into more open and sparsely developed land. The marina is
generally bound by the US 101, Petaluma River, Pacific Northwest Railroad, Lakeville Highway,
and Alman Marsh.
Alman Marsh is 80 acres of pasture /marsh that sits between Shollenberger Park on the south and
the Petaluma Marina on the north. It also abuts the Petaluma River. Alman Marsh is a mix of
brackish tidal wetlands, fed daily by the river, and degraded pasture uplands containing seasonal
freshwater wetlands. Alman Marsh also provides habitat for several threatened and endangered
species.
The project proposes to locate a new apartment building on a triangular parcel at the Petaluma
Marina, adjacent to Lakeville Highway /State Route 116 and the US 101 northbound on-
ramp /southbound off -ramp. This site, shown at Figure 1, is the last remaining area of
undeveloped land in the marina.
Page 1
Figure I — Project Location and Surrounding Vicinity.
Prior Public Hearings
Pedestrian and Bicycle Advisory Committee
The Pedestrian and Bicycle Advisory Committee (PBAC) reviewed the project at their
November 4, 2015 meeting. The PBAC requested that access to the Alman Marsh trailhead be
improved through the use of pole- mounted signage and in -road signage. Presently, there is no
signage at Lakeville Highway or within the Marina property alerting the public to the presence of
the Alman Marsh trail head.
Planning Commission
On December 22, 2015, the Planning Commission considered a proposed Mitigated Negative
Declaration and request to amend the Marina PCD at a noticed public hearing. The Planning
Commission approved (3 -1) a resolution recommending that the City Council adopt the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. However, a
motion to approve the Marina PCD amendment resulted in a tie vote (2 -2) which is considered a
de facto denial pursuant to IZO §25.050 rather than a recommendation for denial with requisite
findings. There was no public comment at the Planning Commission meeting.
In reviewing the project, the Planning Commission provided the following comments:
Page 1�_
1. Residential Use — A majority of Planning Commissioner's agreed that a change of use
from commercial to residential would be appropriate for this location. There was also
support for a mix of uses in the Petaluma Marina.
2. Class I Bike Path — A majority of Planning Commissioner's agreed with staff's
recommendation to condition the project to require the construction of a Class I bike path
across City -owned APN 005- 060 -065 and dedicate an access easement (for a future Class
I bike path) across APN 005- 060 -066.
3. Apartment Building Design — Two Commissioners expressed concern about the
apartment building's height and design.
The staff report for the December 22, 2015 meeting is included at Attachment C.
In response to the de facto denial, the applicant submitted, on December 29, 2015, a valid and
timely appeal of the Planning Commission's action. The applicant's appeal "contends that the
Planning Commission erred in failing to recommend approval by the City Council of the
proposed amendment to the Marina PCD." Additionally, the applicant sought approval by the
City Council but "without conditions requiring construction of an off -site bike path and
dedication of an off -site public access easement owned by others."
City Council
On March 7, 2016, the City Council continued consideration of this project to April 4, 2016. The
continuance was at the applicant's request and was received by staff after public notice was sent.
No public speakers came forward on March 7, 2016.
On April 4, 2016, the City Council adopted Resolution No. 2016 -51 N.C.S. approving a
Mitigated Negative Declaration for the Project, and adopted Resolution No. 2016 -52 N.C.S.
granting the appeal, overturning the Planning Commission's de facto denial, and approved the
application to amend the General Development Plan for the Marina PCD.
The council's deliberation of the Marina PCD amendment focused the construction of a Class I
bike path across city -owned APN 005- 060 -065 and dedication of a public access easement
across APN 005 - 060 -066. In the end, a majority of the council did not support including those
features in the project's approval.
PROJECT DESCRIPTION
Site Plan
The proposed project locates a new L- shaped building, five- stories in height, upon an existing
unpaved area at the northeast corner of the Petaluma Marina. (See Figure 2 below for site plan;
Sheet A1.01 of Attachment D.) Surface parking spaces surrounding the new building are
already paved and striped. The project includes a proposal to construct carports for ninety (90)
spaces to the immediate north and south of the new building. An unenclosed courtyard for
residents is located at the north building elevation.
Page 3
m
Figure 2 = Proposed Site Plan.
The project would connect the existing Class I trail immediately north of the new building to an
existing sidewalk on the west side of Baywood Drive. Three (3) new crosswalks would also be
installed across existing drive aisles to the west, north and east. Sidewalk improvements would
also be constructed at the west side of the drive aisle providing ingress from Lakeville Highway.
These improvements are shown at Sheet C -2, C -3 and L -1 of Attachment D.
Building Elevations
The proposed building includes design elements reflective of existing buildings at the Petaluma
Marina. These include building material (i.e., lap siding), steeply pitched hipped and gable roofs,
standing metal seem roof material, regular fenestration patterns, and white color. Building -
mounted arbors accent building corners.
Figure 3 illustrates building elevations as viewed from Lakeville Highway; Sheets A3.01
through A3.04 at Attachment D illustrate each building elevation. Additional renderings are
included Sheets A1.02 to A1.05 of Attachment D. A sample of the proposed material palette is
included at Figure 4 below; Sheet A3.00 and A3.05 of Attachment D.
Page 4
STANDING SEAM METAL
Access
Figure 3 — Proposed North Building Elevation
ALUMINUM DOORS VINYL WINDOWS
METAL RAILINGS METAL TRELLIS CAR PORT
Figure 4 — Proposed Building Materials
Pedestrian access to the building would be from a common lobby at the far - eastern portion of the
building. Two additional points of emergency egress are provided at the north and south
elevation. Access to each dwelling unit would be through an internal corridor. Elevator access is
provided to floor two through five. Outside the building, sidewalks would line the perimeter and
Page 5
connect to the new crosswalks mentioned above.
Vehicular access to the project would occur through three intersections of Lakeville Highway,
including its intersection with Marina Avenue, Baywood Drive, and an ingress -only driveway to
the immediate west of the project. A bus turnout is located on Lakeville Street to the immediate
north of the project.
Shared Parldng
As recently amended by City Council, the Marina PCD prescribes a shared parking approach
that: (a) sets a minimum number of shared parking spaces to be available at all times (i.e., 762);
(b) reserves eighty (80) parking spaces for the new apartment building; and (c) reserves twenty
(20) spaces for boaters.
However, subsequent to the recent Marina PCD amendment, staff discovered the shared parking
numbers were not also adjusted in response to the project's increase in ten (10) units post -
Planning Commission action even though an analysis was submitted to demonstrate the
continued validity of traffic and parking studies for a 90 -unit apartment building.
For shared parking and with the project, a corrected set of numbers is: (a) a minimum of 754
shared parking spaces; (b) ninety (90) spaces reserved for the apartment building; and (c) twenty
(20) spaces reserved for boaters. As submitted, the project complies with those standards. To
correct this oversight, a special condition of approval is recommended, as noted below.
Landscaping
The proposed landscape plan includes plant materials consisting of trees, shrubs, grasses,
groundcovers and vines. Landscaping is proposed along the building perimeter, within the
proposed courtyard, and at landscape planters in the parking lot. Evergreen and deciduous trees
are proposed. A trellis with vines and grass plantings would line the carport abutting Lakeville
Highway, as shown at Figure 5 below.
_ W+E iGItIK M'A LI Af GPPbiR t -t
wxu xR
Figure 5 — Vine Trellis at Carports.
The landscape plan also proposes the removal of sixty -two (62) ornamental trees generally
Page 6
within the existing parking lot. Included with the removal proposal are thirty -six (36) ornamental
pear trees that line the Class I bike path along the northern parking lot boundary. Fifty -two (52)
replacement plantings are proposed. See landscape plans at Sheets Ll and L2 of Attachment D.
Just prior to publishing this staff report, the applicant submitted a revised landscape plan for the
building's courtyard (see Figure 6 below; Attachment E). The revised plan includes a bocce
ball court, dining area, and fire pit /lounge/bbq seating, and pet play area. A wood trellis will
define the pedestrian entry from the abutting parking lot.
LINEAR PAVING PATH -
DECIDUOUS TREE
SUCCULENT PLANTING /GRASSES -
- -880 ISLAND
PERENNIALS /GRASSES /GROUNDCOVER
WOOD TRELLIS
STONE SEATWALL
WOOD AND METAL FENCE
-�
DECOMPOSED GRANITE
?<'
PEfPLAY .a•.
DECIDU05 FLOWERING TREE
\
01 �
EVERGREEN TREE
WOOD BENCH
_
CAME BAR SEATING
— CONTANER PLANTING .
\ FIREPIT AND LOUNGE SEATING
URGE TO MEDIUM SHRUBS -
EVERGREEN TREE /SHRUB—
3
LINEAR PAVERS PATIO
BAR SEATING
DECIDUOUS TREE
_
; `%
INING AREA
EVERGREEN TREE—
=';'r
STONE COLUMNS BASES
GROUNDCOVERS /SMALLER PERENNIALS AND SHRUBS
Figure 6 — Vine Trellis at Carports.
DISCUSSION
General Plan
The project site has a General Plan land use designation of Mixed Use which also applies to
properties south of Lakeville Street/Highway, on both sides of US 101. The Mixed Use
designation requires a robust combination of uses, including retail, residential, service
commercial, and /or offices. Development is oriented toward the pedestrian, with parking
provided, to the extent possible, in larger common areas or garages. Maximum FAR including
both residential and non - residential uses is 2.5, and maximum residential density is 30 dwelling
units /acre. For a full description of General Plan policies applicable to the project, please see the
staff report included at Attachment C.
Page 7
Petaluma Marina - Planned Commercial District
Planned Commercial District
The current Marina PCD General Development Plan, as amended by the City Council on April 4,
2016 via Resolution No. 2016 -52 N.C.S., is included at Attachment F. The project is located in
the Marina PCD's `Marina Support District' (see Figure 6) which is intended to provide for a
variety of synergistic and compatible land uses adjacent to the Petaluma Marina. As a "Dwelling,
Multiple" land use type, the project requires issuance of a Conditional Use Permit in this district.
Development standards applicable to the project are identified in Table 1 below.
Figure 6 - Marina PCD Zoning Map
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TABLE I — APPLICABLE DEVELOPMENT' STANDARDS
DEVELOPMENT FEATURE
REQUIREMENT BY DISTRICT
MARINA SUPPORT DisTRICT
PROJECT
Front
Side — Interior
Side — Street side
Rear
0 ft (min)
87 ft (Lakeville)
0 ft (min)
62 ft (West)
0 ft (min)
N/A
0 ft (min)
4 ft (Marina)
BUILDING INTENSITY/DENSITY
Maximum Floor Area Ratio
Maximum Residential Density
2.5
0.70`
30 du/ac
29.5 du/ac*
BUILDING HEIGHT
Principal Building
Cupola/Architectural Element
5 Story — 68 ft
5 Stories — 65 ft
91 ft
N/A
* Density calculation include lot line adjustment proposal demonstrating preliminary compliance with Mitigation
Measure LU -1.
STAFF ANALYSIS
Site Plan and Architectural Review
Required Findings
The project is subject to the provisions of IZO Chapter 24.010 — Site Plan and Architectural
Review, including the standards in Section 24.010.G, which govern the scope of Commission
review. Staff analysis is included in italics.
1. The project proposes appropriate use of quality materials and harmony and proportion of
the overall design.
The Project includes the use of quality materials and is in harmony with and in
proportion with the overall design through its use of horizontal and vertical lap siding,
metal roof, metal railings, and entry canopies. These materials are applied equally on all
building elevations within the Project.
2. The architectural style should be appropriate for the project in question, and compatible
with the overall character of the neighborhood.
The Project's building form, materials and architectural style is appropriate for the
Project and is compatible with the overall character of the Petaluma Marina. The Project
integrates traditional building materials (e.g., metal roof, lap siding, white building
color) used by existing buildings at the Petaluma Marina. Existing buildings in the
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='
Petaluma Marina are, like the Project, simple in building form and substantial in height.
Therefore, the Project is compatible with its surroundings.
3. The siting of the structure on the property is compatible with the siting of other structures
in the immediate neighborhood.
The Project's building placement is at a location contemplated by the Marina PCD.
4. The size, location, design, color, number, lighting, and materials of all signs and outdoor
advertising structures.
The Project under consideration excludes signage; thus, no signage finding is applicable.
5. The bulls, height, and color of the proposed structures are consistent with the bulk, height,
and color of other structures in the immediate neighborhood.
The Project's bulk, height, and color of proposed structures are in harmony with that
found at the Petaluma Marina. Existing buildings at the Petaluma Marina consist of four
and five story volumes clad in white lap siding and with hip and gable roofs. The Project
integrates all of these architectural features in a way that closely mimics the distinct
architectural character of the Petaluma Marina.
6. Landscaping, to approved City standards, shall be required on the site and shall be in
keeping with the character or design of the site. Existing trees shall be preserved
wherever possible, and shall not be removed unless approved by the Planning
Commission.
The Project's landscaping is in keeping with the character and design of the site because
it provides plantings that complement the building and its adjoining outdoor area. As
conditioned, the project would retain a row of ornamental pear trees along an existing
Class I bike path. Remaining trees to be removed are ornamental and would be replaced
on a 2:1 basis.
7. Ingress, egress, internal circulation for bicycles and automobiles, off - street automobiles
and bicycle parking facilities and pedestrian ways shall be so designed as to promote
safety and convenience, and shall conform to approved City standards. Any plans
pertaining to pedestrian, bicycle, or automobile circulation shall be routed to the PBAC
for review and approval or recommendation.
The Mitigated Negative Declaration adopted by City Council Resolution No. 2015 -52
demonstrates that streets serving the proposed use are adequate for the traffic expected
to be generated and that vehicular access and parking, including the location of driveway
entrance and exits are adequate, convenient, and safe. The Project excludes truck traffic.
Special Conditions of Approval
The special conditions below are also included in the draft approval resolution at Attachment A
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of this staff report (Note: numbering corresponds to the conditions at that location).
19. All trees proposed for removal along the northern boundary of the project site (i.e.,
abutting the Class I bike path) shall be retained. If necessary, the approved carports
shall be moved south to prevent conflicts with existing trees.
20. If approved by Caltrans, a second row of ornamental pear trees shall be planted along
the northern boundary of the Class I bike path located north of the project site to the
western-most boundary of APN 005- 060 -079. Existing irrigation shall be modified, if
necessary, for the required trees. The applicant shall demonstrate to the Planning
Manager's satisfaction that all reasonable efforts have been taken for the planting and
maintenance of said trees.
21. Prior to occupancy, twenty (20) off - street parking spaces at APN 005- 060 -072 shall
be signed for exclusive use by members of the general public transporting watercraft
so that they may gain access to the waters of the Petaluma Marina and connecting
waterways. The required signage method and location shall be subject to Planning
Manager review and approval.
22. Prior to occupancy, ninety (90) off - street parking spaces under carports serving the
Project shall be signed for exclusive use tenants. The required signage method and
location shall be subject to Planning Manager review and approval.
23. All carports serving the Project shall include functional solar power arrays. Said
arrays shall be installed and operation prior to occupancy.
24. Prior to occupancy, the Planning Manager shall, as provided by IZO §19.040(E)(4)
administratively amend the Marina PCD to reflect corrected parking standards of. (a)
754 unreserved off - street parking spaces for all land uses; plus (b) 90 reserved off -
street parking spaces for a Dwelling, Multiple use at APN 005- 060 -089 and 005 -060-
072; plus (c) 20 reserved off - street parking spaces at APN 005- 060 -072 for public
access to the waters of the Petaluma Marina and connecting waterways, inclusive of
reserved spaces for vehicles with boat trailers.
25. Prior to building permit issuance, the following architectural details shall be reviewed
and approved by the Planning Manager.
a. External leader heads, downspouts, shoes and splash blocks;
b. Transitions between wall materials of different types;
c. Window recesses and trim;
d. Color of fiber cement lap siding;
e. For pitched roofs, the dimension of fly rafters, rafter tails, rakes, and eave length;
and
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f. All roof penetrations
26. All external downspouts shall be painted to match background building color(s).
Scuppers without drainage pipes may not be installed because of probable staining of
walls (overflow scuppers are exempt).
Conditional Use Permit
Within the context of the recently amended Marina PCD, the purpose of requiring a Conditional
Use Permit for the "Dwelling, Multiple" land use type was to prevent a proliferation of
residential uses and the Petaluma Marina and ensure compatibility between uses. As
demonstrated by the draft findings at Attachment B, staff recommends all approval findings can
be made for Conditional Use Permit approval, consistent with the Marina PCD's intent for the
"Dwelling, Multiple" land use.
PUBLIC COMMENT
A notice of public hearing was published in the Argus Courier on June 30, 2016, and mailed to
all property owners and occupants within 1,500 feet of the subject property. No comments were
received by staff in response to the notice.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), an Initial Study was
prepared by staff to address the project's potential effects on the environment. The Initial Study
did not identify any significant environmental effects. For all potentially significant effects,
mitigation measures reducing their severity to a less than significant level were incorporated into
the project and agreed to by the applicant.
On April 4, 2016, the City Council adopted Resolution No. 2016 -051 approving a Mitigated
Negative Declaration (MND) for the project. As adopted by City Council, the MND remains
applicable to the project's potential environmental impacts. Additional documentation is not
required by CEQA Guidelines § 15162 and none of the situations described at CEQA Guidelines
§ 15164 are present. The adopted MND and City Council Resolution No. 2016 -051 are at
Attachment G.
ATTACHMENTS
Attachment A:
Resolution for SPAR Approval
Attachment B:
Resolution for Conditional Use Permit Approval
Attachment C:
December 22, 2015 Planning Commission Staff Report
Attachment D:
Project Plans
Attachment E:
Revised Courtyard Landscape Plan
Attachment F:
Marina PCD
Attachment G:
City Council Resolution No. 2016 -051
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ATTACHMENT 11
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BA.sINSTREET
PROPERTIES
tel 707 795 - 4477
fax 707 795 - 6283
July 18, 2016
R CEI�
a�LL r
,JUL � a 2016
Kevin Colin, Senior Planner
City of Petaluma
11 English Street
Petaluma, CA 94952
Re: Marina Apartments, City File No. PLMA- 150004
Dear Mr. Colin:
At its regularly scheduled hearing on July 12th, 2016, the Planning Commission voted 34 not to
adopt the following resolutions:
1. A Resolution of the City of Petaluma Planning Commission Approving Site Plan and
Architectural Review for the Marina Drive Apartments Project Located at 0 Marina
Drive, APN: 005- 060 -089 and 005 -060 -072; and
2. A Resolution of the City of Petaluma Planning Commission Approving a Conditional
Use Permit for the Marina Drive Apartments Project Located 0 Marina Drive, APN:
005 -060 -089 and 005- 060 -072
The applicant hereby appeals such decision of the Planning Commission pursuant to Section
24.070 of the City of Petaluma Implementing Zoning Ordinance.
The applicant contends that the Planning Commission erred in failing to adopt the above
resolutions as recommended by City staff.
The applicant seeks approval by the City Council of the Site Plan.and Architectural Review
for the Marina Drive Apartments Project, subject to the same conditions of approval referenced
in item 1 above, with themodifications presented by.City staff at the Planning Commission
hearing. on_ July 12`h, 2016, and with (a) an additional condition of approval requiring the
applicant to make a $50,000,00 contribution to the City of Petaluma for multi-use path purposes
or other capital needs of the City prior to issuance of the first certificate of occupancy for the
project, and (b) an additional condition of approval requiring 150% of the Cal Green Tier 1
1383 N. MODowell Blvd., Suite 150
Petaluma, CA 94954
W W W.BASIN- STREET.COM
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July 18, 2016
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requirement regarding electric vehicle charging stations, and (ii) a Conditional Use Permit for the
Marina Drive Apartments Project.
sincem ly,
Paul An
droxiioo
General Counsel
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