HomeMy WebLinkAboutResolution 2016-142 N.C.S. 09/12/2016Resolution No. 2016 -142 N.C.S.
of the City of Petaluma, California
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 -051 N.C.S. approving a Mitigated Negative Declaration for the Project; and
WHEREAS, on April 4, 2016, the City Council adopted Resolution No. 2016 -052
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
Resolution No. 2016 -142 N.C.S. Page 1
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
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
The Mitigated Negative Declaration adopted by City Council Resolution No.
2016 -051 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
Resolution No. 2016 -142 N.C.S. Page 2
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 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 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
Resolution No. 2016 -142 N.C.S. Page 3
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 -052 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:
I hereby certify the foregoing Resolution was introduced and adopted by the
A pr ved as to
Council of the City of Petaluma at a Regular meeting
on the 12'h day of September,
orm:
2016, by the following vote:
City � orney
AYES:
Albertson, Healy, Kearney, Vice Mayor King, Miller
NOES:
Barrett, Mayor Glass
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
` 1Vlayor
Resolution No. 2016 -142 N.C.S. Page 4
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.
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.
Resolution No. 2016 -142 N.C.S. Page 5
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.
c. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging
areas. Sweep streets daily (with water sweepers) if visible soil material is deposited
onto adjacent roads.
d. Limit traffic speeds on any unpaved roads to 15 mph.
e. Suspend construction activities that cause visible dust plumes that extend beyond the
construction site.
f. A certified mechanic shall verify that equipment used for construction purposes is
properly tuned and maintained in accordance with manufacturer specifications.
g. Idling times shall be limited to 5 minutes or less pursuant to the "no idling" rule for
in -use off -road diesel - fueled vehicles. During construction, signage shall be posted at
the construction site indicating the idle time limitation.
Resolution No. 2016 -142 N.C.S. Page 6
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.
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.
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:
a. Make a $50,000 contribution to the City of Petaluma for multi -use path purposes or
other capital needs of the city;
Resolution No, 2016 -142 N.C.S. Page 7
b. Record an easement, approximately fifteen (15) feet in width along the centerline of
APN 005- 060 -066, providing for permanent unobstructed public access. Said
easement shall receive approval from the City Engineer and City Attorney prior to
recordation. After recordation, a copy shall be provided to the Planning Division; and
c. Within the aforementioned easement or through separate instrument, provide a
temporary construction easement, at locations deemed necessary by the City
Engineer, for purposes of building a Class I multi -use path across APN 005- 060 -066.
20. This approval requires the following voluntary modifications that shall be incorporated
into final plans prior to issuance of building permit:
a. 150% of the Cal Green Tier 1 requirements regarding electric vehicle charging stations;
b. Approximate 10% reduction in the maximum building height; and
c. Incorporation of blue awnings into the apartment building design to complement the existing
Marina development, consistent with plans submitted during the City Council hearing of
September 12, 2016.
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.
Resolution No. 2016 -142 N.C.S. Page 8
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
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.
Resolution No. 2016 -142 N.C.S. Page 9
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.
Resolution No. 2016 -142 N.C.S. Page 10
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,
Resolution No. 2016 -142 N.C.S. Page 11