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HomeMy WebLinkAboutStaff Report 6.A 09/19/2005CITYOF PETALUNIA, CALIFORNIA AGENDA BILL Agenda Title: Discussion and Possible Action Regarding a Recommendation from the Planning Commission to Approve: 1) A Resolution Amending the General Plan from Thoroughfare Commercial to Mixed Use for Lindberg Circle location at the corner of Lakeville St and Lindberg Lane, 2) A Resolution for a Tentative Subdivision Map, 3) A Resolution Adopting a Mitigated Negative Declaration and 4) An Ordinance Amending the Zoning Map from Commercial Highway to PUD and Approving the PUD Development Plan and Design Guidelines. APN 005-020-003,039,040. File # 04 -GPA -0512 -CR, (Moore/Boyle). Cateam•v (cheer: one): ❑ Consent Calendar N Public Hearing ❑ Unfinished Business ❑ Presentation(,` Deaartment: Director: V )Contact Person: Community Mike Moor ePhil Boyle, Associq# Development Director Planner I Cost of Pronosal: N/A f O.1A September 19, 2005 1\ 2005 Meeting Time: ❑ 3:00 PM ® 7:00 PM ❑ New Business Phone Number: 778-4301 Account Number: N/A Amount Budgeted: N/A Name of Fund: N/A Attachments to Agenda Packet Item: 1. Draft Resolution Adopting a General Plan Amendment 2. Draft Resolution Adopting a Mitigated Negative Declaration 3. Draft Resolution Adopting the Tentative Subdivision Map (includes Conditions of Approval) 4. Draft Ordinance Adopting a Zoning Map Amendment, PUD Plan, and PUD Development Standards 5. Project Location Map and Project Description 6. Staff Report from the June 14 and June 28, 2005 Planning Commission meetings without attachments 7. Letter from the Law Finn of Baddeley, Oliker and Sartori 7/2705 and memo from Petaluma Police Department 8/03/05 8. Initial Study and Mitigation and Monitoring Program 9. Visual Simulations and Shade Study 10. PUD Development Standards 11. Plans date stamped September 2, 2005 (City Council members only) Summary Statement: The Planning Commission reviewed the proposed project on June 14 and 28, 2005. After deliberating and taking public testimony, the Commission forwarded a recommendation of approval of the Lindberg Circle project to the City Council. The proposed project is a mixed use project consisting of a two story 16,975 square foot commercial building, 40 single family detached homes and 4--1,750 sq. ft of private open space. Recommended Citv Council Action/Suggested Motion: The Planning Commission and staff recommend that the City Council: 1) Approve the General Plan Amendment from Thoroughfare Commercial to Mixed Use, 2) Approve the Zoning Map Amendment from Commercial Highway to PUD and the associated Unit Development Plan and Development Standards, 3) Approve the Tentative Subdivision Map, 4) Adopt the Mitigated Negative Declai t'on )/I 6kiewed/bv Admin. Svcs. Dir: Reviewed by City Attornev:p d by City Manager: 1��ipANluf�(fa/� Date:6'�(Jbj Date: D Date: Today's Date: Revision # and Date Revised: Fil Code: September 6, 2005 # S:\CC-City Cuuncil'Repurts,Lindherg Circle CC.dnc 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF PETALUMA, CALIFORNIA SEPTEMBER 19, 2005 AGENDA REPORT FOR LINDBERG CIRCLE 1. EXECUTIVE SUNINIARY: The applicant has submitted for multiple entitlements to construct a mixed use project consisting of a two story 16,975 square foot commercial building, 40 single family detached homes and ±7,150 sq. ft. of private open space at 890 Lakeville Street (See Attachment 5). The entitlements requested are: 1) A General Plan Amendment from Thoroughfare Commercial to Mixed Use 2) A Tentative Subdivision Map to create 40 lots for residential use ranging in size from 5,938 to 2,007 square feet and 1 lot for retail/office and open space use. 3) A Zoning Map Amendment from Commercial Highway to Planned Unit District (PUD) and 4) Site Plan and Architectural Review. The Planning Commission reviewed the proposed project on June 14 and 28 2005. After deliberating and taking public testimony, the Commission forwarded a unanimous recommendation of approval of the project to the City Council. These public hearings can be reviewed on the City of Petaluma's Website at www.cityofpetaluma.net. 2. BACKGROUND: The Sonoma County Assessor records show that this site has been vacant since 1947. There are no records prior to 1947. In July of 2004 the applicant brought a similar project to the Site Plan and Architectural Review Committee for a preliminary review. The applicant held a neighborhood meeting on May 16, 2005 to present the project and solicit questions and comments on the proposed development. Invitations to the meeting were sent out to all property owners and residents with 500 feet of the project. The list of addresses was provided by the City of Petaluma. The Planning Commission reviewed the proposed project on June 14 and June 28, 2005 (See Attachment 6 and City of Petaluma's Website at www. cityofpetaluma.net). After deliberating, taking public testimony and recommending additional conditions of approval, the Commission forwarded a recommendation of approval of the Lindberg Circle project to the City Council. The applicant has requested that the condition requiring an irrevocable offer of dedication for a public access easement through Parcel A and Lot 14 be removed because it poses an unreasonable liability and security risk for the project. (See Attachment 6 June 28, 2005 Planning Com. Staff Report Condition #5) The applicant has provided a number of reasons supporting their argument for the removal of this condition as well as letter from the legal finn of Baddeley, Oliker and Sartori and a memo from the Petaluma Police Department (See Attachment 7). The City Attorney has also provided an opinion on this issue for the council's consideration (This opinion will be provided to the Council on the date of the public hearing -September 19). As stated in the Planning Commission Staff Report of June 14, 2005 staff recognizes the needs and benefits of connecting neighborhoods; however the creation of a pedestrianibicycle connection between this development and Vallejo Street or Payran Street appears infeasible. IS 1 3. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PROJECT DESCRIPTION The applicant has submitted for multiple entitlements to construct a mixed use project consisting of a two story 16,975 square foot commercial building, 40 single family detached homes and a ±7,150 sq. ft of private open space. The entitlements requested are: 1) A General Plan Amendment from Thoroughfare Commercial to Mixed Use 2) A Tentative Subdivision Map to create 40 lots for residential use ranging in size from 5,938 to 2,007 square feet and 1 lot for retail/office and open space use ± 47,767sq. ft. 3) A Zoning Map Amendment from Commercial Highway to Planned Unit District (PUD) and 4) Site Plan and Architectural Review. The residential units will have three floor plans ranging from 1,450 to 1,900 square feet of living area. The buildings are two stories (±30 feet in height), except for some of the end units, and have common walls. The units are setback from the street ±20 feet at the garage door and ±15 feet at the porch. The rear yards are a minimum of ±14 feet. Access to all of the residential properties will be from a new public street (Lindberg Circle) off of Lindberg Lane which will terminate at a cul-de- sac. Parking for the residential units is an average of 2.6 off street parking spaces per unit (including the four spaces within Parcel A). If street parking within the development is included, the ratio is 3 parking spaces per unit. Each unit has a tandem or single car garage and one space in the driveway. The two story commercial building will consist of 8,757 square feet of retail on the ground floor and 8,218 square of office space on the second floor. The building will not exceed 40 feet in height from peak of roof to grade. The applicant provided visual simulations of the project from 5 different vantage points (See Visual Simulations, Attachment 9). These simulations show the buildings, the proposed CMU sound wall around the residential portion of the project and mature landscaping. The proposed residential units will be approximately 30 feet in height and be setback ± 16 feet from the rear property lines of the East Court residences. The site plan shows the buildings adjacent to the rear property lines of East Court as three buildings ± 30 feet in height and ± 100 feet in width separate by ±10 feet. The bulk and massing of these new residential units could impact the natural lighting and views of the East Court residences. The applicant has provided a shade study which shows the shading of adjacent properties at the Winter Solstice and Spring Equinox (See Shade Study, Attachment 9). The new public street off of Lindberg Lane will be ±38 feet in width with sidewalks and parking on both sides. The street will terminate at a cul-de-sac. Pedestrian and emergency vehicle access is provided between the cul-de-sac and the commercial parking lot. Vehicular and pedestrian/bicycle access to the commercial building is from both Lindberg Lane and Lakeville Street. The total project density is approximately 9 units per acre and the density of the residential units alone, including the street, is approximately 12 units per acre. See Attachment 11, Full size (Council Members Only) and 11x17 Architectural, Civil, and Conceptual Landscaping Plans. 3 N 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 4. STAFF ANAYLSIS General Plan Consistence, The current General Plan Land Use Designation of the project parcels is Thoroughfare Commercial. The City of Petaluma is in the process of updating its General Plan. The most recent version of the draft Land Use Map shows the project parcels as Mixed Use. Because the updated General Plan has not yet been adopted by the City and may not be adopted prior to approval of this project, a General Plan Amendment from Thoroughfare Commercial to Mixed Use is required. State law requires that any decision on a General Plan Amendment must be supported by findings of fact. These findings are the rationale for making a decision either to approve or deny a project. If the City Council chooses to approve the General Plan Amendment, specific findings are required. These findings and an explanation of how the project complies with each are listed in Attachment 1, Draft Findings for Approval — General Plan Amendment. The Mixed Use General Plan Land Use Designation allows for any combination of commercial, office, and residential uses. The intent of Mixed Use is to allow for housing along with commercial uses including but not limited to retail, offices and restaurants. Densities of 10 to 30 units per acre are allowed "where measurable community benefit is to be derived; where infrastructure, services, and facilities are available to serve the increased density; where superior design ensures an attractive, comfortable and healthy living environment; and where the effects of the increased density will be compatible with the major goals of the General Plan." The 40 residential units proposed on 4.5 acres represent a density of 8.8 units per acre or 12 units per acre when the 42,109 square foot office/commercial use parcel is excluded. The applicant states that the project will have a "measurable community benefit" because it will provide a quality product with a unified and organized arrangement of buildings and service facilities which are appropriate in relation to the adjacent and nearby properties. The purposed project will screen the nearby industrial uses and provide a landscaped site for the residential homes and commercial building. If the Planning Commission and City Council concur that the project provides a "measurable community benefit" sufficient to allow a density greater than 10 dwelling units per acre, then the current proposal complies with the uses and density specified by the General Plan. ZoninP Consislencv To develop this project as proposed, an amendment to the Zoning Map is required. The applicant is requesting a rezoning from Commercial Highway (CH) to Planned Unit District (PUD). The PUD designation is "designed to allow inclusion within its boundaries a mixture of uses, or unusual density, building intensity, or design characteristics which would not normally be pennitted in a single use district or combination of zoning districts ..." The applicant is proposing a PUD to create a mixed use, interconnected, and more compact project. Specifically, for the residential portion of the project, the PUD will: 1) have parcels which are less than the 3,000 sq. ft. minimum required in the Residential Compact District, 2) have a parking ratio of less than 3 spaces per dwelling unit and 3) have open space areas, which on average, are less than required in the Residential Compact and Residential Garden Apartment Districts. The PUD designation gives the applicant greater flexibly in terms of the site plan, setbacks and building height. Though the project meets the requirements of the City's Subdivision Ordinance I 52 I and the State Subdivision Map Act, staff has identified a number of issues for the City Council, and 2 SPARC to considering regarding the design and amenities of this PUD: 3 4 1. Park/Open Space Area: The project provides t 7,150 sq. ft. of private common open space for 5 the residents in addition to the front and rear yards of each unit. The typical rear yard for this 6 project is t 400 sq. ft. Do to the limited size of the site it is not desirable to have a public park 7 as part of this project, primarily because of maintenance costs. However, the need for some 8 type of private open space area(s) is desirable as well as a policy of both the General Plan (See 9 Policy #27 above) and a required finding for the PUD. As a point of comparison, if this 10 project was proposed to be zoned Residential Compact (RC) or Garden Apartment (RMG) 1 I the minimum amount of useable open space required would be 600 square feet per unit or a 12 total of 24,000 sq. ft. 13 14 2. Building Bulk and Mass: The proposed residential units will be approximately 30 feet in 15 height and be setback ±16 feet from the rear property lines. The site plan shows the buildings 16 adjacent to the rear property lines of East Court as three buildings t 30 feet in height and t 17 100 feet in width separate by ±10 feet. The bulk and massing of these new residential units 18 could impact the natural lighting and views of the East Court residences. The applicant has 19 provided a shade study which shows the shading of adjacent properties at the Winter Solstice 20 and Spring Equinox. Though shading will occur as a result of the project, most noticeably 21 during the Winter Solstice, it is to a level that is considered less than significant in the initial 22 study. 23 24 3. Sound Wall: The noise study provided by the applicant states that the proposed 6 foot CMU 25 wall, a 6 foot solid wood fence or a landscaped earth berm would provide the necessary 26 sound attenuation to mitigate any noise impacts. Depending on which of these sound 27 mitigation methods is used could impact the site plan and aesthetics of the project. 28 29 4. Commercial Building: The east end of the commercial building closest to the intersection of 30 Lindberg Lane and Lakeville Street does not appear to be an "active" part of the building. 31 Staff suggests that this portion of the building be better utilized as retail/commercial space 32 instead of utility areas and stairways? 33 34 A PUD can be created only after approval by the City Council of a complete unit development plan 35 showing the internal design of the district, the interrelationship of uses, and their relation to the 36 surrounding area. The applicant has submitted all the materials required under Section 19A-202 of 37 the Zoning Ordinance for the creation of a PUD. If the City Council chooses to approve the PUD 38 specific findings are required. These findings are listed in Attachment 4 -Draft Ordinance Adopting 39 a Zoning Map Amendment, Unit Development Plan, and PUD Development Standards. 40 41 42 Environmental review 43 44 Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study 45 of potential environmental impacts was prepared (See Attachment 8). The potential for the 46 following significant impacts were identified: Noise. Mitigation measures have been proposed and 47 agreed to by the applicant that will reduce potential impacts to less than significant. In addition, 48 there is no substantial evidence that supports a fair argument that the project, as mitigated, would 49 have a significant effect on the environment. The applicant has provided the necessary studies (e.g. 50 traffic, noise, etc.) to support a Mitigated Negative Declaration. These studies are available upon 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 request from the Community Development Department. It is therefore recommended that a Mitigated Negative Declaration be adopted (See Attachment 2, Draft Resolution Adopting a Mitigated Negative Declaration) Proiect anorovals Following City Council approval, the proposal must receive Site Plan and Architectural Review Committee approval for the site, architectural, and landscaping plans and the Unit Development Plan and PUD Development Standards (Attachment 10). Public corresnondence No new public comments have been received as of September 12, 2005 3. ALTERNATIVES: a. The City Council may accept the recommendation from the Planning Commission to approve the proposed General Plan Amendment, the Mitigated Negative Declaration, the Zoning Map Amendment, the PUD Development Map and Development Standards, and the Tentative Subdivision Map. b. The City Council may deny the request for the General Plan Amendment, the Mitigated Negative Declaration, the Zoning Map Amendment, the PUD Development Map and Development Standards, and the Tentative Subdivision Map. 4. FINANCIAL IMPACTS: This project is subject to any applicable City Special Development Fees. The project is subject to the cost recovery fee system; therefore, the applicant is required to pay all costs associated with processing the application. To date the City has collected $24,380. Approximately 192 hours of total staff time at a cost of approximately $9,300 has been expended to date. If this project is ultimately approved, additional staff time will be required to guide the application through the SPARC and building permit process. 5. CONCLUSION: The Planning Commission and staff found that the proposed General Plan Amendment, Zoning Map Amendment, PUD Map and Development Standards, and Tentative Subdivision Map for the Lindberg Circle Project would not create any new significant environmental impacts and that the proposed project is consistent with the General Plan, the Zoning Ordinance, and the Municipal Code. The Planning Commission has forwarded a recommendation of approval with conditions to the City Council. I 1 1 3 4 5 6 7 8 9 10 11 6. RECOMMENDATION: The Planning Commission recommends that the City Council introduce an Ordinance amending the General Plan from Thoroughfare Commercial to Mixed Use, Amend the Zoning Map from Commercial Highway to Planned Unit District (PUD), Approve a Unit Development Plan and Development Standards, Adopt a Mitigated Negative Declaration, and Approve the Tentative Subdivision Map to construct a mixed use project consisting of 40 single family detached homes, a two story 16,975 square foot commercial building and 1,750 sq. ft. of private open space. 7 Sr,CC-City CouncillRepnrtsLindbeig Circle CC doc 4 ATTACHMENT DRAFT RESOLUTION NO. N.C.S. APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP FOR THE PETALUMA ECUMENICAL PROPERTIES -CASA GRANDE PROJECT AT 400 CASA GRANDE ROAD APN 017-040-047 CITY FILE #05 -GPA -0041 -CR WHEREAS, an application was filed by Petaluma Ecumenical Properties to develop a senior residential facility at 400 Casa Grande Road, which occupies approximately 2.3 acres. The application includes a request to amend the General Plan Land Use Map from Urban Standard to Urban High and WHEREAS, the Planning Commission reviewed the request on June 28, 2005; and WHEREAS, all reports and comments from the Planning Commission were forwarded to the City Council; and WHEREAS, the City Council held a duly noticed public hearing to consider this amendment on August 1, 2005, and considered all written and verbal communications before rendering its decision; and WHEREAS, the potential environmental impacts of the project were considered and proper action has been taken by the City Council in compliance with the California Environmental Quality Act and local environmental guidelines. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council herby approves the requested amendment to the General Plan Land Use Map to change the designations as outlined above based upon the following findings: The proposed General Plan Amendment is deemed to be in the public interest because it provides an independent living facility for low-income seniors as well as facilities for senior recreation, education, exercise and community events. Furthermore, the project is along a public transit route and in reasonable proximity to shopping and city services. 2. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected. The Resolution No. N.0 S. 8 Pagel oft proposed General Plan Amendment from Urban Standard to Urban High will increase the density of the project parcel however the project is within the density limits of the Urban High General Plan designation. The amendment is consistent with goals and policies of the City's Housing Element to provide housing opportunities for the low income seniors. Furthermore, the proposed General Plan Amendment will be consistent with the currently proposed General Plan Update which designates this site as High Density Residential (18.1-30.0 du/ac) 3. The potential impacts of the proposed General Plan Amendment have been assessed and have been determined not to be detrimental to the public health, safety or welfare. The project plans were referred to fire, police, public services and engineering staff for review and comment, and the staff recommendations have been incorporated into draft conditions of project approval to ensure that the project will not be detrimental to public health, safety or welfare. 4. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA). Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts was prepared (See Attachment F, Initial Study). The Initial Study identifies mitigation measures regarding noise that would reduce potential impacts to less than significant. Based upon the Initial Study, a detenmination was made that no significant environmental impacts would result. A copy of this notice was published in the Araus Courier and provided to residents and occupants within 500 feet of the site, in compliance with CEQA requirements. 5. The proposed General Plan Amendment to Urban High with a higher density (10 to 30 units per acre) is allowed "where measurable community benefit is to be derived; where infrastructure, services, and facilities are available to serve the increased density; where superior design ensures an attractive, comfortable and healthy living environment; and where the effects of the increased density will be compatible with the major goals of the General Plan." The 58 residential units on 2.33 acres represent a density of 25 units per acre. The "measurable community benefits" derived from the project are: 1) the creation of an independent living facility for low-income seniors, and 2) the project will provide seniors with facilities for recreation, education, exercise and community events. The initial study demonstrates that the project will have adequate public services and infrastructure to serve the increased density. The design of the project, including it's architecture site plan and landscaping plan, have all been reviewed by staff and comply with the City approved SPARC Guidelines. The project has also received two preliminary reviews from SPARC and requires formal SPARC review and approval prior to building permit issuance. 5:\CC-City CounciLresolutions\PEP Casa Grande Resos. and Ord\Casa PEP GP Reso.doe Resolution No. N.C.S. I Page 2 of 2 ATTACHMENT DRAFT RESOLUTION NO. N.C.S. APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE LINDBERG CIRCLE PROJECT AT 890 LAKEVILLE STREET APN 005-020-003, 039, 040, CITY FILE #04 -GPA -0512 -CR WHEREAS, an Initial Study of potential environmental impacts was prepared and the results of the study indicated that the proposed Lindberg Circle project, as mitigated, will not cause any significant adverse environmental impacts; and WHEREAS, the Planning Commission of the City of Petaluma held a public hearing on June 14 and 28, 2005, on the subject application, heard testimony, and concluded that the findings and conditions as amended were adequate and recommended to the City Council approval of the proposed development; and WHEREAS, the City Council considered the Lindberg Circle Proposal on August 19, 2005, and considered all written and verbal communications concerning potential environmental impacts resulting from the project before rendering a decision; NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Mitigated Negative Declaration subject to the following Findings and Mitigation Measures: An Initial Study was prepared and demonstrated that there is no substantial evidence that supports a fair argument that the project, as conditioned, would have a significant effect on the environment. A Mitigated Negative Declaration was drafted to avoid or reduce to a level of insignificance, potential noise impacts generated by the proposed project. 2. The project does not have the potential to have a significant adverse impact on wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively and is not exempt from Fish and Game filing fees. 3. The project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code. 4. The Planning Commission reviewed the Initial Study and considered public comments before making a recommendation on the project. 5. That a Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures. I() Resolution No. N.C.S. Pagel of 2 6. The record of proceedings of the decision on the project is available for public review at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma, California and the City of Petaluma's website at www.cityofpetaluma,net. Mitigation Measures All mitigation measures, as identified in the Initial Study for the Lindberg Circle Proposal, are herein incorporated. Resolution No. N.C.S. Page 2 of 2 ATTACHMENT DRAFT RESOLUTION NO. N.C.S. APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE LINDBERG CIRCLE SUBDIVISION AT 890 LAKEVILLE STREET AND LINDBERG LANE; APN 005-020-003, 039, 040 WHEREAS, by action taken on June 14 and 28, 2005, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve the Tentative Subdivision Map; and WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption of Resolution No. _ N.C.S., approving a Mitigated Negative Declaration to address the specific impacts of the Martin Fann subdivision; and WHEREAS, the City Council held a public hearing on the proposed project on September 19, 2005, after giving notice of said hearing, in the manner, for the period, and in the form required by Ordinance No. 1072 N.C.S., as amended; and WHEREAS, the City Council has considered the Tentative Subdivision Map; NOW, THEREFORE BE IT RESOLVED that the City Council approves a Tentative Subdivision Map subject to the following Findings, Conditions, and Mitigation Measures: 1. The proposed Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act. 2. That the proposed subdivision, together with provisions for its design and improvements, is consistent with the General Plan, and will not be detrimental to the public health, safety, or welfare in that adequate public facilities exist or will be installed, including roads, sidewalks, water, sewer, storm drains, and other infrastructure. 3. That the site is physically suitable for the density and the type of development proposed. 4. That the design of the subdivision and the proposed improvements will not cause substantial environmental damage, and that no substantial or avoidable injury will 1a occur to fish or wildlife or their habitat. An Initial Study was prepared indicating that there would be no significant, umnitigatable environmental impacts. From the Plannina Division (778-4301) Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions of Approval and the Mitigation Measures as notes. 2. The plans submitted for building permit review shall be in substantial compliance with the Development Plan and the Tentative Map date stamped June 1, 2005. 3. Prior to the issuance of a building permit, the applicant shall submit a water conservation plan for review and approval by the City of Petaluma Department of Water Resources. The plan shall identify Best Management Practices for water conservation that would result in a reduction of water consumption by at least 40% as compared to a conventional subdivision. 4. The landscape plan, irrigation plan and grading plan shall comply with the City's Landscape Water Efficiency Standards. Prior to the issuance of a building permit for the project, each of these plans and all supporting documents shall be submitted to the City for review and approval. The Landscape Water Efficiency Standards shall apply to all commercial and residential common areas, open space, park, and subdivision perimeter landscaping, as well as single-family front yard landscaping which is installed by the developer. 5. If prior to issuance of the first building pen -nit for this project, the City has enacted a water conservation fee for new development, the applicant shall be required to pay the fees necessary in order for the project to result in "water neutral" project, i.e. zero net increase in water consumption. 6. Plans submitted for building permit shall be in compliance with the approved Solar Policy for all single-family residential developments of five or more lots or units. 7. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Lindberg Circle project are herein incorporated by reference as conditions of project approval. 8. Upon approval by the City Council, the applicant shall pay the $35.00 Notice of Determination fee to the Planning Division. The check shall be made payable to the County Clerk. Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days of receiving Council approval. The State Department of Fish and Game has found that a de minimis determination is not appropriate, and that an environmental filing fee (as required under Fish and Game 13 Code Section 711.4d) must be paid to the Sonoma County Clerk on or before the filing of the Notice of Determination (for fee amount, contact them at 944-5500). 9. Site Plan and Architectural Review Committee shall review the site plan design, building design, PUD Development Standards, colors and materials, landscaping, and lighting. 10. Prior to SPARC review, an exterior lighting plan shall be submitted. Said plan shall include a detail of the types of all fixtures to be installed for review and approval. All lighting shall be hooded and project downward, providing a soft "wash" of light. Flood lights are inappropriate, only low profile light standards and/or wall mounted lights shall be allowed. No lighting on the site shall create a direct glare into cyclist/pedestrian eyes. 11. Prior to SPARC the lighting plan shall be revised to show City of Petaluma Light Standard on the public street. 12. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Native American community shall also be notified and consulted in the event any archaeological remains are uncovered. 13. All noise generating construction activities shall be limited to daytime, weekday (non -holiday hours) 8:00am to 5pm and 9am to 5pm Saturdays, as stated in the mitigation measures. 14. All construction equipment powered by internal combustion shall be properly muffled and maintained to minimize noise. Equipment shall be turned off when not in use. 15. Construction maintenance, storage, and staging areas for construction equipment shall avoid proximity to residential areas to the maximum extent practicable. Stationary construction equipment, such as compressors, mixers, etc., shall be placed away from residential areas and/or provided with acoustical shielding. Quiet construction equipment shall be used when possible. 16. Construction and demolition debris shall be recycled to the maximum extent feasible in order to minimize impacts on the landfill. Citv of Petaluma Bicvcle Plan and Petaluma Pedestrian and Bicycle Advisory_ Committee Conditions of ADDroval 17. Bike Parking: Prior to SPARC review, the floor plan of the commercial/office building shall be revised to provide interior secure parking for (4) four bicycles for upper floor office personnel. k 18. Drinking Fountain: Prior to SPARC review, the site plan shall be revised to include drinking fountain near the commercial/office building. 19. Signs: Prior to SPARC review; the site plan shall be revised to include signs on Lakeville St., one in each direction, warning motorist of pedestrians and bicyclists in the area. 20. Through Travel: Prior to SPARC review, the site plan shall be revised showing bicycle/pedestrian connections from the end of the cul-de-sac through the commercial parking area to Lakeville St. and Lindberg Ln. 21. Pedestrian and BicPcle Friendlt, h�frastructure: Prior to SPARC review, the site plan shall be revised to show curb cuts at the two entrances of the commercial building, corresponding to the pedestrian/bicycle connections through the parking lot. 22. hicentii'es: Prior to the building permit final on the commercial/office building, the applicant shall provide to the City a copy of the simple one-page document they have prepared describing altematives to driving and incentives for employees to walk, cycle, or take transit to work. 23. Pesticide / Herbicide Use: The developer and/or commercial/office building manager shall be required to utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of pedestrian/bicyclists. The applicant shall be required to post signs when pesticide/herbicide use occurs to warn pedestrians and bicyclists. From the Eneineerina Division (778-4301)(Craie Soauldina. Citv Enuineer) The following conditions shall be addressed at final map and improvement plan application. 24. Lindberg Lane frontage improvements shall include but not be limited to '/ street pavement reconstruction (4 -inches AC over 12 -inches of class 2 AB), curb, gutter, sidewalk, street lights, landscaping, etc. A crosswalk, left and right turn lane, arrows, legends and signs shall be installed at the Lakeville intersection. Parking shall not be allowed between Lakeville St. and the commercial driveway. Install a centerline stripe along frontage. 25. Lakeville Street frontage improvements shall include but not be limited to removing and replacing existing curb, gutter and sidewalk as indicated on the tentative map, pedestrian ramp, street lights, landscaping etc. 15 26. This development shall provide a fair share contribution toward a future traffic signal at Lakeville Street and Lindberg Lane. 27. Site grading and retaining walls shall conform to the soil investigation report prepared for this project. 28. Erosion control and water quality measures shall be employed and the necessary documentation filed as required by the responsible agencies. 29. The proposed interior public street geometry shall meet the access requirements of the Fire Marshal. A movable vehicular barrier for emergency vehicles, approved by the Fire Marshal, shall be installed at the end of the cul-de-sac. Pedestrian ramps shall be installed at the proposed public street and Lindberg Lane. Parking shall not be allowed at the following locations in the proposed public street; along the curved frontage of lot 41, in front of lots 32 and 33 and around the perimeter of the cul-de- sac bulb. A stop sign, stop legend and crosswalk shall be installed at the new intersection. A centerline stripe shall be installed along the curve at lot 41. Sidewalks shall be continuous around the cul-de-sac bulb. The private drive serving lots 16-19 shall be at least 20 -feet wide and shall be an easement without flag lots. Vehicles using the private drive shall be able to tum around and exit on to the public street in a forward direction. 30. Skewed crossings of public utilities shall not be allowed. Maintain required separation between water, sewer and storm drains. 31. The proposed water main systems shall be capable of delivering a continuous fire flow as required by the Fire Marshal. If calculations indicate that the fire flow can be obtained with a single water main connection to Lindberg Lane, then the connection to Lakeville Street may be eliminated. If the Lakeville Street connection is necessary, a public water main easement shall be required across lot 1. 32. Off-site storm drain improvements on Lakeville Street, between East Court and the project site, shall be constructed as required by the preliminary hydrology study. 33. Hydrologic and hydraulic calculations shall be required and submitted to the Sonoma County Water Agency for review, and approval. 34. Maintenance agreements shall be required for shared driveways and utilities (water, sewer and storm drains). 35. Provide an emergency vehicle access across lot 1. 36. Water services shall be 1.5 -inches in diameter with 1 -inch meters per City Standards. Dual water services are not allowed. 10 37. A 10 -foot wide Public Utility Easement (PUE) shall be dedicated along the frontage of Lakeville Street, Lindberg Lane, the proposed public street and over the access easement to lots 14-17. The PUE may be reduced in width or waived by a written statement from the public utility agencies. 38. Lots 14-17 shall be accessed by an easement. The common Parcel A shall not be allowed. 39. Prepare map and improvement plans per the latest policies, standards, codes, resolutions and ordinances. From the Fire Marshal (778-4398): Listed below are the fire protection requirement codes for the above project: Commercial building: 40. The minimum size water line within this project shall be sized to meet the water flow demand for domestic requirements and fire flow demand. 41. The minimum fire flow for this project is 1,500GPM at 20 pounds residual per sq. in. Proof that the required flow is available shall be supplied to the Fire Marshal's Office prior to construction. 42. The building/s shall be protected by an approved automatic fire sprinkler system as required by the California Fire Code and shall be provided with central station alarm monitoring, which will notify the fire department in the event of water flow. In addition, a local alann shall be provided on the exterior and in a normally occupied location in the interior of the building. 43. Fire sprinkler systems installed in buildings of undetermined occupancy/use shall be designed to provide a density of .33 gallons per minute per square foot, over a minimum design area of 3,000 square feet. Residential buildings: 44. The building/s shall be protected by an approved automatic fire sprinkler system as required by the California Fire Code, Petaluma Municipal Code and NFPA-13. 45. Provide infonnation for the town homes, will they be rentals or be individually owned. if individually owned, will there be a Homeowners' Association? 46. This plan has been reviewed with the information supplied; subsequent plan submittal for review may be subject to additional requirements as plans are revised. If you have any questions regarding these requirements, please feel free to contact this office at 707-778-4389. From the Department of Water Resources and Conservation (778-4582) 47. Landscape and irrigation design shall comply with the "Landscape Water Efficiency Standards" of the City of Petaluma. 48. Appropriate best management practices (BMP's) to address stone water pollution control associated with the proposed development should be included in the improvement plans. 49. Commercial unit water services and irrigation services shall comply with Petaluma City Standard Details No. 870 and 876.01. Depending on the Fire Marshal's office - requirements, a double detector check valve may be required on the fire system. From the Department of Public Works. Transit (Jim Rvan 778-4421) 50. The applicant shall pay the appropriated in -lieu fee or submit plans showing improvements to the existing bus stop on Lakeville Street in front of the Gateway Shopping Center per direction from the Department of Public Works. If plans are submitted they shall be reviewed and approved by the Public Works Department and the Community Development Department. S SCC -City CouncibresolulionsUndbcrg Circle Resos.und Oid, Lindberg Circle TPM Reso doe no ATTACHMENT 4 DRAFT ORDINANCE NO. N.C.S. APPROVAL OF A REZONING FROM HIGHWAY COMMERCIAL TO PLANNED UNIT DISTRICT AND APPROVING THE UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE LINDBERG CIRCLE PROJECT AT 890 LAKEVILLE STREET APN 005-020-003, 039, 040 CITY FILE #04 -GPA -0512 -CR WHEREAS, by action taken on June 14 and 28, 2005, the Planning Commission considered the current Lindberg Circle Project and forwarded a recommendation with conditions to the City Council to approve the rezone the project parcel from a zoning designation of Highway Commercial to Planned Unit District and approve the PUD Development Plan and the PUD Standards to allow the Lindberg Circle Project to be developed; and WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption of Resolution No. N.C.S., approving a Mitigated Negative Declaration to address the specific impacts of the Lindberg Circle Project; and WHEREAS, the City Council held a public hearing on the proposed project on August 19, 2005 and, after giving notice of said hearing, in the manner, for the period, and in the form required by Ordinance No. 1072 N.C.S., as amended; and WHEREAS, the City Council has reviewed the proposed Lindberg Circle Project PUD Development Plan and PUD Development Standards; NOW, THEREFORE BE IT RESOLVED that the City Council approves the Unit Development Plan and PUD Development Standards subject to the following Findings, Conditions, and Mitigation Measures: FINDINGS 1. That the plan clearly results in a more desirable use of land and a better physical environment than would be possible under a single zoning district or combination of zoning districts. The proposed forty-two residences and office/commercial building complies with the General Plan designation of the site as Mixed Use which allows a combination of residential, commercial, and retail uses. The Ordinance No. N.C.S. I q Page 1 oft project is proposed as a PUD because the residential portion of the proposed project would not comply with the setbacks requirements of the conventional residential zoning districts. The density of the project would be compatible with the range allowed by the Mixed Use designation, Z. That any P.U.D. District 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. This PUD is proposed on a site which has a suitable relationship to one or more thoroughfares (Lakeville Street and Lindberg Lane), and that said thoroughfares are adequate to carry any additional traffic generated by the development, as demonstrate by the traffic impact study submitted for the project. 3. That the plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility. The project plans present a unified and organized arrangement of lots and public streets, appropriate to adjacent and nearby properties. Proposed landscaping would further ensure compatibility. The proposed project would also require review and approval by the Site Plan and Architectural Review Committee 4. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan. The project site is relatively flat and contains no natural or scenic qualities. The project proposes 5. The Unit Development Plan, including the Development Standards, will result in appropriate and compatible uses in the district. 6. The development of the subject property in the manner proposed by the applicant, and as conditioned, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma, and with the Petaluma General Plan. 7. The project, as conditioned per the resolution approving the Tentative Subdivision Map (Resolution No. _) complies with the applicable provisions of the Municipal Code and the General Plan. 8. The Unit Development Plan for the Lindberg Circle Development shall be subject to the applicable conditions of Tentative Subdivision Map, including Mitigation Measures adopted as conditions of approval. S:\CC-City Counciltresolutinns�Lindbcrg Circle Resos.and OrdUndbeig Circle Remne. Ord..duc Ordinance No. N.C.S. OY / Page 2 ort Powered By GeaSmart.net Location Map Lindberg Circle City of Petaluma, California ATTACHMENT 5 -Crgy�" A City Limit iOParcels p GIS Division Minor Waterways Major Waterways wppp[ m.imo-aL�nOdp:.dr nx.:y[.no�`d•„`�� I� �wdiwn":i[s. m:.m wo� rywmi NwTn dCb M4Mvro�i0 alAn �pvp'felm uxunginy A LINDBERG CIRCLE Project Information Revised Application Submittal By Project Development Team Lindberg Circle LLC May 5, 2005 YO Abstract This document contains information to support the Lindberg Circle Mixed -Use Planned Unit Development Project Application for General Plan Amendment, Rezoning, Tentative Subdivision and Site Plan, and Architectural Review for the development of the three parcels at the northwest corner of Lakeville Street and Lindberg Lane at 890 Lakeville Street (APN # 005-020- 003,039,040), File Number 04 -GPA -0512 -CR. LINDBERG CIRCLE Project Information Table of Contents Purpose................................................................ Project Description .............................................. Required Studies .................................................. General Plan Amendment ................................... Environmental Impact ......................................... Rezoning & Land Use ......................................... Parking Commentary ........................................... Site Plan and Architectural Details ..................... BicyclePlan ......................................................... Water Resources & Conservation ....................... Public Facilities and Services .............................. FireMarshal....................................................... Police Department ............................................... Pesticide / Herbicide Use .................................... EXHIBIT A-1 Turning Radius ........................... EXHIBIT A-2 Turning Radius ........................... EXHIBIT B Cross Section ................................. a3 LINDBERG CIRCLE Project Information Purpose The purpose of this document is to provide detailed information on the proposed Lindberg Circle Mixed -Use Planned Unit Development project within the Petaluma City Limits. The Petaluma based company, Lindberg Circle LLC, is actively pursing the development of approximately 4.5 acres of property consisting of three existing parcels located at the Northwest corner of Lakeville Street and Lindberg Lane. The application package submitted for this project is the result of numerous meetings and dialog between the City of Petaluma Planning Staff and the Lindberg Circle Design Team. This collaboration has influenced and driven the changes made to the original project and has resulted in a superior design. Some of the changes incorporated into the current design include: 1) a curb cut onto Lakeville Street from the commercial building parking lot; 2) an expanded commercial parking lot that contains 50 spaces and is separate from the residential area; 3) a new curb cut from the commercial parking lot onto Lindberg Lane to allow for better circulation; 4) a visually attractive wall that separates the commercial area from the residential area; 5) creation of a single parcel for the entire commercial area that includes the building, parking lot and landscape areas; 6) moved the road away from the East Court fence by flipping the homes on the other side of the street to now back up to the East Court property line; 7) eliminate the East Court fence from the City right of way and minimize the required height of the retaining wall at the base of the fence; 8) terminate the Lindberg Circle road within the residential area and provide an emergency access point to the commercial parking lot; 9) increase visibility across the open landscape areas and commercial parking lot; 10) move and expand the Commercial Building toward Lindberg Lane and add more mass to the corner presence; and 11) expand emergency access between the commercial and residential areas and design in a larger turning radius for emergency vehicles. We are committed to the success of this project and it is our hope that the proposed design changes will remove the current obstacles and enable the project to gain the full support of the Planning Department, City Council and Architectural Committee. -3- LINDBERG CIRCLE Project Information Project Description The Lindberg Circle project as proposed by Lindberg Circle, LLC, a Petaluma based company, is a Mixed -Use Planned Unit Development within the Petaluma City Limits. The intent of this project is to provide the community with needed entry-level market priced housing and a commercial building incorporating retail and office use. The project plan as designed provides a functional site including privacy and visibility where needed for all the uses; adequate required parking; access throughout the site; and comfortable surroundings for all. We feel the proposed project revitalizes the existing neighborhood, fits within the city's redevelopment plans, enhances the local community by providing needed housing within a developed area of the city limits, and benefits the City of Petaluma. To achieve the desired results, we have commissioned Hedgpeth Architects to develop the Architectural design documents; Balcerak Design to develop the Landscaping design documents; and Robertson Engineering to develop the Civil Engineering documents. These professionals along with the Lindberg Circle development team are committed to creating a quality mixed-use development that will have a positive impact on the surrounding area. It is in the public interest to provide mixed-use projects that offer residential use in close proximity to retail and office use, cutting down on the need for commuting between these different uses. Thus the residential use within our mixed-use project will enhance and expand the existing neighborhood feel of the area and the project as a whole will provide an example of a quality mixed-use development for the surrounding properties which have not yet been developed in accord with the current land use districting. The proposed Property to be developed is approximately 4.5 acres consisting of three existing parcels located at the Northwest corner of Lakeville Street and Lindberg Lane within the City of Petaluma limits. One existing parcel has frontage on Lakeville Street; one has frontage on Lindberg Lane; and the third parcel has frontage on both streets. The proposed development consists of a two story commercial building parcel and forty-two residential parcels for a total development of forty-three parcels. The proposed land use, zoning, lot description, and residential density are as follows: Land Use: Existing: Thoroughfare Cormnercial Proposed: Mixed -Use Zoning: Existing: Highway Commercial (CH) Proposed: Planned Unit Development (PUD) Lots: Existing: Three (3) Parcels: 005-020-003, -039, -040 Proposed: Forty Three Parcels (42 Residential, 1 Commercial) Residential Density: 9.3 per acre d5 -4- LINDBERG CIRCLE Project Information The project Buildings and Structures consist of a 16,975 square foot, two-story Commercial Building fronting Lakeville Street; forty two single family homes to the north of the commercial building, including three floor plan layouts and a range of livable area from 1450 square feet to 1900 square feet per house; and coordinated landscape design throughout the site. The commercial building height will not exceed forty feet, while the residential building heights will be held to a maximum of thirty feet. The building height shall be measure by the vertical distance from the average ground level of the finish grade to the highest point of the roof. This measurement will not include chimneys or other appurtenances as they are defined by the City of Petaluma Zoning Ordinance. The residential homes are located on a new public street that terminates in a cul-de-sac. A pedestrian and emergency vehicle access is provided between this cul-de-sac and the commercial parking lot to enhance the connection between the two areas. The proposed Street Frontage Improvements along Lakeville Street include: curb, gutter, sidewalk, pedestrian walkways to building, curb cut into project, and mounded landscaping along entire building frontage. Along Lindberg Lane improvements include: curb, gutter, sidewalk, curb cut into project, and landscaping to residential property fence. The commercial and residential areas of the project are separated by a six-foot wall and landscape buffer consisting of numerous trees, vines and a variety of plants. We are sensitive to the needs of the people that will live in the residential and work in the commercial areas and have taken a proactive approach to planning amenities and facilities to accommodate cyclists in the project. As such we have at a minimum met or in some cases exceeded the required codified sections of the Petaluma Bike Plan that apply to this project including covered bike racks, showers, accessible bathrooms and drinking fountains. One of our goals is to attract quality businesses to Petaluma. One perspective tenant that has expressed an interest in the upper floor of the Commercial Building is the Corporate and Sales Offices of Golden State Lumber, Inc. Other perspective tenants in the development, professional service and retail industry have expressed interest in the bottom floor of the Commercial Building. The combined tenants should generate sizeable sales tax revenue for the City of Petaluma. This project is a win for Petaluma. It encompasses the progressive move toward combining residential and commercial areas together in a workable partnership that results in a development that as a whole exceeds the sum of its parts. s- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 77 23 24 25 26 27 28 29 30 31 32 33 34 ATTACHMENT 6 CITY OF PETALUMA, CALIFORNIA MEMORANDUM Coin munin, Development Deparbnent, Planning Division, 11 English Street, Petalruna, CA 94952 (707) 778-4301 Free (707) 778-4498 E-mail: planningCaci petnhuna.ca.us DATE: June 14, 2005 AGENDA ITEM NO.1 TO: Planning Commission FROM: Phil Boyle, Associate Plainer SUBJECT: AN APPLICATION FOR MULTIPLE ENTITLEMENTS TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF A TWO STORY 16,975 SQUARE FOOT COMMERCIAL BUILDING AND 42 SINGLE FAMILY ATTACHED HOMES. THE ENTITLEMENTS REQUESTED ARE: 1) A GENERAL PLAN AMENDMENT FROM THOROUGHFARE COMMERCIAL TO MIXED USE 2) A TENTATIVE SUBDIVISION MAP TO CREATE 42 LOTS FOR RESIDENTIAL USE AND 1 LOT FOR RETAIL/OFFICE USE 3) A ZONING MAP AMENDMENT FROM COMMERCIAL HIGHWAY TO PLANNED UNIT DISTRICT (PUD) INCLUDING THE ASSOCIATED DEVELOPMENT PLAN AND PUD DEVELOPMENT STANDARDS. RECOMMENDATIONS. . Staff recommends that the Planning Commission: 1. Forward a recommendation to the City Council to: a. Approve the General Plan Amendment from Thoroughfare Commercial to Mixed b. Approve the Zoning Map Amendment from Commercial Highway to Planned Unit District and the associated Unit Development Plan and Development Standards. c. Approve the Tentative Subdivision Map d. Adopt the Mitigated Negative Declaration 35 I PROJECT SUMMARY 36 37 38 39 40 41 42 43 44 45 46 47 Project: Lindberg Circle 890 Lakeville St. ( Lakeville St. and Lindberg Lane) APN 005-020-003,039,040 Project File No. 04 -GPA -0512 -CR Project Planner: Phil Boyle, Associate Planner Project Applicant: Mark Eglin Lindberg Circle LLC 719 Southpoint Blvd. Ste. C Petaluma CA 94954 Page 1 EM NJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Property Owner: Lindberg Circle LLC 719 Southpoint Blvd. Ste. C Petahuna CA 94954 Property Size: 4.5 acres Site Characteristics: The site is a relatively flat undeveloped 4.5 -acre (197,025 sq. ft.) parcel. The site is bound by Lakeville St. to the south, Lindberg Lane to the southeast, industrial and commercial uses to the north and residences to the west (See Project Location Map and Project Description Map, Attachment F) An arborist report for the project concluded that all of the twelve trees on the property are of low quality. There are also eight trees on adjacent properties which will likely be affected by the project. Existing Use: The site is currently vacant. Proposed Use: The subdivision will consist of 42 lots for residential use ranging in size from 5,938 to 2,007 square feet and 1 lot for retail/office use approximately 42,109 sq. ft. Current General Plan Land Use: Thoroughfare Commercial Proposed General Plan Land Use: Mixed Used - The Mixed Use designation allows for any combination of commercial, office, and residential uses. The intent of Mixed Use is to allow for housing along with commercial uses including but not limited to retail, offices and restaurants. Densities of 10 to 30 units per acre are allowed "where measurable community benefit is to be derived; where infrastructure, services, and facilities are available to serve the increased density; where superior design ensures an attractive, comfortable and healthy living environment; and where the effects of the increased density will be compatible with the major goals of the General Plan." Current Zoning: Highway Commercial (CH) which is designed to provide suitable locations for wholesale, commercial, and industrial establishments usually locating in proximity to highway or arterial street traffic and designed to serve needs beyond those of the immediate neighborhood. Proposed Zoning: Planned Unit District (PUD) which is designed to allow inclusion within its boundaries a mixture of uses, or unusual density, building intensity, or design characteristics which would not normally be permitted in a single use district, Subsequent Actions Required: ■ City Council Review and Approval • Site Plan and Architectural Review Committee (SPARC) Review and Approval ■ Improvements Plans/Final Map • Building Permits PROJECT DESCRIPTION The applicant has submitted for multiple entitlements to construct a mixed use project consisting of a two story 16,975 square foot commercial building and 42 single family attached homes. The entitlements requested are: 1) A General Plan Amendment from Thoroughfare Commercial to Mixed Use 2) A Tentative Subdivision Map to create 42 lots for residential use ranging in size from a8 Page 2 1 5,938 to 2,007 square feet and 1 lot for retail/office use ±42,109 sq. ft. 3) A Zoning Map 2 Amendment from Commercial Highway to Planned Unit District (PUD) and 4) Site Plan and 3 Architectural Review. 4 5 The residential units will have three floor plans ranging from 1,450 to 1,900 square feet of living 6 area. The buildings are two stories (±30 feet in height), except for some of the end units, and have 7 common walls. The units are setback from the street ±20 feet at the garage door and ±15 feet at the 8 porch. The rear yards are a minimum of±14 feet. Access to all of the residential properties will be 9 from a new public street (Lindberg Circle) off of Lindberg Lane which will terminate at a cul -de - 10 sac. 11 12 Parking for the residential units is an average of 2.5 off street parking spaces per unit. If street 13 parking within the development is included, the ratio is 3 parking spaces per unit. Each unit has a 14 tandem or single car garage and one space in the driveway. 15 16 The two story commercial building will consist of 8,757 square feet of retail on the ground floor 17 and 8,218 square of office space on the second floor. The building will be setback 10 feet from 18 Lakeville Street and Lindberg Lane, ±60 feet from the western property line of the project and ±75 19 feet from the new residential units. The building will not exceed 40 feet in height from peak of roof 20 to grade. The applicant provided visual simulations of the project from 5 different vantage points 21 (See Visual Simulations, Attachment G). These simulations show the buildings, the proposed CMU 22 sound wall around the residential portion of the project and mature landscaping. The buildings will 23 alter the views to the east of Sonoma Mountain for motorists and pedestrians/cyclists traveling on 24 Lakeville St. However, the height, width and setbacks of the building are consistent with the existing 25 Commercial Highway Zoning Designation. The proposed residential units will be approximately 30 26 feet in height and be setback ± 16 feet from the rear property lines of the East Court residences. The 27 site plan shows the buildings adjacent to the rear property lines of East Court as three buildings ± 30 28 feet in height and ± 100 feet in width separate by ±10 feet. The bulk and massing of these new 29 residential units could impact the natural lighting and views of the East Court residences. The 30 applicant has provided a shade study which shows the shading of adjacent properties at the Winter 31 Solstice and Spring Equinox (See Shade Study, Attachment H). 32 33 The new public street off of Lindberg Lane will be ±38 feet in width with sidewalks and parking on 34 both sides. The street will terminate at a cul-de-sac. Pedestrian and emergency vehicle access is 35 provided between the cul-de-sac and the commercial parking lot. Vehicular and pedestrianibicycle 36 access to the commercial building is from both Lindberg Ln. and Lakeville St. 37 38 The total project density is approximately 9 units per acre and the density of the residential units 39 alone, including the street, is approximately 12 units per acre. 40 41 See Attachment O, Full size (SPARC Members Only) and 11x17 Architectural, Civil, and 42 Conceptual Landscaping Plans. 43 44 BACKGROUND 45 46 The Sonoma County Assessor records show that this site been vacant since 1947. In July of 2004 47 the applicant brought a similar project to the Site Plan and Architectural Review Committee for a 48 preliminary review (See Attachment L, SPARC Preliminary Review Excerpt Minutes, July 22, 49 2004). At that hearing the issues brought up by the committee were, the park/open space area, the 50 residential access from Lakeville St., landscaping and paving materials, noise impacts from adjacent a� Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 uses, panting and the need for retail. The park/open space area and the access to the residential units from Lakeville St. have been eliminated in the current proposal. The original site plan submitted by the applicant showed an undefined park/open space area adjacent to Lindberg Ln. between the commercial parking lot and the residential units. Since those original plans the applicant has met with the City regarding a number of aspects of the project including interior and exterior circulation, building placement and the park/open space area. As a result of these meetings the project was revised considerably. One revision, which was initiated by the applicant, was the removal of the park/open space area. Staff is aware of the need and the requirements of the General Plan and Zoning Ordinance regarding open space and has communicated this to the applicant. The applicant held a neighborhood meeting on May 16, 2005 to present the project and solicit questions and comments on the proposed development. Invitations to the meeting were sent out to all property owners and residents with 500 feet of the project. The list of addresses was provided by the City of Petaluma. STAFF ANALYSIS General Plan Consistenev: The current General Plan Land Use Designation of the project parcels is Thoroughfare Commercial. The City of Petaluma is in the process of updating its General Plan. The most recent version of the draft Land Use Map shows the project parcels as Mixed Use. Because the updated General Plan has not yet been adopted by the City and may not be adopted prior to approval of this project, a General Plan Amendment from Thoroughfare Commercial to Mixed Use is required. State law requires that any decision on a General Plan Amendment must be supported by findings of fact. These findings are the rationale for making a decision either to approve or deny a project. If the Planning Commission chooses to forward a recommendation to the City Council specific findings are required. These findings and an explanation of how the project complies with each are listed in Attachment A, Draft Findings for Approval — General Plan Amendment. The Mixed Use General Plan Land Use Designation allows for any combination of commercial, office, and residential uses. The intent of Mixed Use is to allow for housing along with commercial uses including but not limited to retail, offices and restaurants. Densities of 10 to 30 units per acre are allowed "where measurable community benefit is to be derived; where infrastructure, services, and facilities are available to serve the increased density; where superior design ensures an attractive, comfortable and healthy living environment; and where the effects of the increased density will be compatible with the major goals of the General Plan." The 42 residential units proposed on 4.5 acres represent a density of 9.3 units per acre or 12 units per acre when the 42,109 square foot office/commercial use parcel is excluded. The applicant states that the project will have a "measurable community benefit' because it will provide a quality product with a unified and organized arrangement of buildings and service facilities which are appropriate in relation to the adjacent and nearby properties. The purposed project will screen the nearby industrial uses and provide a landscaped site for the residential homes and commercial building. If the Planning Commission and City Council concur that the project provides a "measurable community benefit' sufficient to allow a density greater than 10 dwelling units per acre, then the current proposal complies with the uses and density specified by the General Plan. 30 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The General Plan policies that may apply specifically to this project are summarized below: Community Character Element Policy 10 and 11—The City shall encourage public and private landscaping along or in all major streets, including street trees. The applicant has proposed a landscaping plan which includes landscaping and street trees along Lakeville St. and Lindberg Lane. Policy 14.1 -Street improvements shall incorporate, where applicable, safe pedestrian and bicycle access and related facilities. The project was referred to the Petaluma Pedestrian and Bicycle Advisory Committee. The committee provided conditions of approval and recommendations. Conditions of approval which are codified will be required of the development. The recommendations from the committee will be forward to the Planning Commission, City Council and SPARC for consideration. Policy 14.2 -New development shall include pedestrian and bicycle circulation within and through the site to connect existing and planned City-wide pedestrian and/or bicycle networks. The project includes sidewalks throughout the development which connect to the existing sidewalks on Lakeville St. and Lindberg Ln. A condition has also been added which requires the site plan be revised to show connections from the residential area, through the parking lot to Lakeville St. and Lindberg Ln. as well as curb cuts at the two entrances of the commercial building. Bicycle facilities (i.e. bike rack, showers and lockers) are also included as part of the commercial/office portion of the project. Policy 16.2 -Mixed use development is encouraged, particularly within the central area of the City. The proposed project is a mixed use development, office/retail/residential and is in the central area of the City. Policy 20 -The clustering of commercial enterprises shall be encouraged. Additional strip commercial shall be discouraged along arterial streets including Lakeville, Bodega, East Washington, Petaluma Boulevard, and Old Redwood Highway. The commercial portion of the project is adjacent to numerous other commercial businesses on both sides of Lakeville Street and Lindberg Lane. The commercial/office building is a mixed use, two story structure located close to the street with parking behind the building minimizing visibility from Lakeville Street so as to not have a strip commercial look. Policy 27 -The City shall require the provisions of privately owned open space in residential developments of more than 15 units where made necessary by project density or design, or lack or proximity to public parks and open space. The closest parks and open space areas to the project site are Sunset Park in front of the Line and Twine Building, approximately one third of a mile from the project site; Kenilworth Park next to the Public Library on Washington and the future McNear Peninsula Park at the western end of McNear Peninsula; both are approximately half mile from the project site. The project does not provide any designated private or public open space for the residents outside of the front and rear yards of each unit. Page 5 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Land Use and Growth Mmiagentent Element Policy 23 -Convenience shopping in proximity to residential shall be encouraged. The proposed project combines retail/commercial use with residential used within walking distance. Policy 28 -The City shall support residential development only in those areas where adequate City facilities are available or will be provided with development. Conditions have been applied to ensure that adequate City services will be imposed at the appropriate stages of the project entitlement and building permit review process. Open Space, Conserilation, and Energy Element Policy 25 -Developers shall provide adequate drainage and erosion control during construction. The developer will be required to conform to City and State regulations by providing an erosion control and storm water pollution prevention plan, which shall be adhered to throughout project construction. Policy 29 and 30—Energy conservation measures to reduce energy consumption should be used in residential, commercial, industrial and public buildings. The applicant has stated that green building techniques and materials will be used throughout the construction of the project. Parks, Recreation, Schools, and Child Care Policy 1 -The City shall require all new residential development to dedicate land or pay a park fee for public parks. The applicant will be required to pay Park and Recreation prior to occupancy of the residential units. These fees provide for acquisition, development and improvement of neighborhood and community park and recreation facilities. Local Economy Policy 6 -The City shall actively attempt to increase the number of persons who both work and live in Petaluma. The project will provide 43 additional residential units for Petaluma and approximately 17,000 sq. ft. of office/commercial space for employment opportunities. Policy 10 -The City shall strive to make land available for effective residential/workplace (mixed use) developments. The project is a mixed use development which has the potential to provide a housing and employment all on the same site. Housing Policy 1.1 and 1.2 -Promote residential development within the Urban Growth Boundary and encourage the development of housing on underutilized land. The proposed project is within the UGB and is considered vacant and underutilized land. Page 6 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Policy 10.1—Promote the use of energy conservation features in the design of residential development. The applicant has stated that green building techniques and materials will be used throughout the construction of the project. Transportation Policy 1—On city streets where Level of Service (LOS) is currently at "C" or better, LOS shall not deteriorate below level "C". The traffic report submitted by the applicant concludes that the LOS for all of the study area intersections will not deteriorate below level "C". Policy 10—New development shall be required to pay a pro -rata share of needed traffic improvements. The project is conditioned to provide a fair share contribution toward a future traffic signal at Lakeville St. and Lindberg Lane, as well as the standard traffic impact fees required of all projects. Community Health and Safety Policy 27—Require sound buffers (particularly landscaped buffers), open space, or other mitigation measures between residential areas and areas producing higher noise levels, such as freeways, commercial sites, and industrial developments to achieve the sound level reduction necessary to produce noise compatible land uses. The consulting firm of Illingworth and Rodkin, hic. conducted an environmental noise assessment to evaluate the compatibility of the development with respect to the environmental noise levels at the project site and evaluate noise impacts upon sensitive receptors in the area. The majority of the noise is generated from Lakeville St. To mitigate noise impacts, the project includes a 6 foot tall, 8 inch thick CMU wall separating the residential units from Lindberg Ln. and from the commercial parking lot area. The report also discusses the option of a solid wood fence or a landscaped earth berm both of which would mitigate the noise impacts to an acceptable level. Zoning Ordinance Consistenev: To develop this project as proposed, an amendment to the Zoning Map is required. The applicant is requesting a rezoning from Commercial Highway (CH) to Planned Unit District (PUD). The PUD designation is "designed to allow inclusion within its boundaries a mixture of uses, or unusual density, building intensity, or design characteristics which would not normally be permitted in a single use district or combination of zoning districts ..." The applicant is proposing a PUD to create a mixed use, interconnected, and more compact project. Specifically, for the residential portion of the project, the PUD will: 1) have parcels which are less than the 3,000 sq. ft. minimum required in the Residential Compact District, 2) have a parking ratio of less than 3 spaces per dwelling unit and 3) have open space areas, which on average, are less than required in the Residential Compact and Residential Garden Apartment Districts. The PUD designation gives the applicant greater flexibly in terms of the site plan, setbacks and building height. Though the project meets the requirements of the City's Subdivision Ordinance and the State Subdivision Map Act, staff has identified a number of issues for the commission, council, and SPARC to considering regarding the design and amenities of this PUD: Page 7 33 I 1. Park/Open Space Area: The project does not provide any designated private or public open 2 space for the residents outside of the front and rear yards of each unit. Do to the limited size 3 of the site it is not desirable to have a public park as part of this project, primarily because of 4 maintenance costs. However, the need for some type of private open space area(s) is desirable 5 as well as a policy of both the General Plan (See Policy #27 above) and a required finding for 6 the PUD (See Attachment B #4). As a point of comparison, if this project was proposed to 7 be zoned Residential Compact (RC) or Garden Apartment (RMG) the minimum amount of 8 useable open space required would be 600 square feet per unit. The typical backyards of 9 this project are about 400 sq. ft. with some as large as 1400 sq. ft. 10 11 2. Building Bulk and Mass: The proposed residential units will be approximately 30 feet in 12 height and be setback ±16 feet from the rear property lines. The site plan shows the buildings 13 adjacent to the rear property lines of East Court as three buildings t 30 feet in height and f 14 100 feet in width separate by t10 feet. The bulk and massing of these new residential units 15 could impact the natural lighting and views of the East Court residences. The applicant has 16 provided a shade study which shows the shading of adjacent properties at the Winter Solstice 17 and Spring Equinox. Though shading will occur as a result of the project, most noticeably 18 during the Winter Solstice, it is to a level that is considered less than significant in the initial 19 study. 20 21 3. Sound Wall: The noise study provided by the applicant states that the proposed 6 foot CMU 22 wall, a 6 foot solid wood fence or a landscaped earth berm would all provide the necessary 23 sound attenuation to mitigate any noise impacts. Depending on which of these sound 24 mitigation methods is used could impact the site plan and aesthetics of the project. 25 26 4. Commercial Building: The east end of the commercial building closest to the intersection of 27 Lindberg Ln. and Lakeville St. does not appear to be an "active" part of the building. Staff 28 suggests that this portion of the building be better utilized as retail/commercial space instead 29 of utility areas and stairways? 30 31 A PUD can be created only after approval by the City Council of a complete unit development plan 32 showing the internal design of the district, the interrelationship of uses, and their relation to the 33 surrounding area. The applicant has submitted all the materials required under Section 19A-202 of 34 the Zoning Ordinance for the creation of a PUD. If the Planning Commission chooses to forward a 35 recommendation to the City Council specific findings are required. These findings and an 36 explanation of how the project complies with each are listed in Attachment B, Draft Findings for 37 Approval — Zoning Map Amendment, Proposed Development Standards, and PUD Map: 38 39 Traffic/Circulation: 40 41 A traffic study was prepared by the consulting firm of Whitlock and Weinberger Transportation, Inc. 42 presenting an analysis of the traffic impacts of the proposed project. Four intersections were 43 evaluated within the project area: 1) Lindberg Lane/Lakeville St .2) Lindberg Lane/Payran St. 3) 44 Caulfield Lane/ Lakeville St. 4) Caulfield Lane / Payran St. An analysis was also performed relative 45 to the projected operating conditions at the new intersection which will be created by the new public 46 street (Lindberg Cir.) and Lindberg Lane A traffic signal is proposed by the City of Petaluma at the 47 intersection of Lakeville St. and Lindberg Lane as part of the planned improvements to Lakeville 48 Street. Preliminary design is currently underway for this project. 49 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9? 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Trip generation rates are used to evaluate the potential impacts of a single project or larger developments with multiple uses. The retail/commercial components of this project are anticipated to generate 583 daily trips of which 35 will be during the a.m. and p.m. peak while the residential portion of the project will generate 402 daily trips of which 32 will be during the am peak and 43 during the pm peak. For the purposes of this analysis traffic impacts are assessed as if all trips were made by motor vehicle. The existing plus project scenario presents an evaluation of the potential traffic impacts which are expected to occur with the addition of traffic from the proposed project to the existing traffic levels. Under this scenario, all of the study intersections are expected to continue operating acceptably at LOS C or better during the a.m. and p.m. peak hours, with both main street and minor street movements having acceptable levels of delay. Vehicular access to the residential portion of the site will be via a cul-de-sac off of Lindberg Lane Access will also be provided for pedestrians/cyclists and emergency vehicle between the commercial parking lot and the cul-de-sac. The office/retail portion of the site is served by a parking lot with an access driveway onto Lindberg Lane and an access driveway onto Lakeville Street. The project access driveway serving the retail/office portion onto Lakeville St. will likely be limited to right -turns in and out when the planned improvements to Lakeville Street are constructed. The traffic consultants states in the report that the limitation of the Lakeville Street access to right -tum in and out only will not result in significant impacts to site and street circulation. Parking for the residential portion of the project includes an average of 2.5 off street parking spaces per unit and an average of 3 spaces per unit if on and off street spaces are counted. The City's PUD development standards allow for more flexible parking requirements than standard zoning, however, for reference purposes if the standard of 3 parking spaces per unit was applied, the project would be short 23 parking spaces for the residential portion. The retail/office portion of the project provides 50 off street spaces in the parking lot behind the commercial building. This meets the standard zoning criteria of 1 space per 300 square feet of retail/office floor area. The project is located adjacent to Lakeville St. which is currently served by Sonoma County Transit. The applicant has met with Jim Ryan of the City's Transit Division and agreed to improve or pay an in -lieu fee to upgrade the existing bus stop on the north side of Lakeville St.(adjacent to McDonalds) instead of providing a new stop in front of the project. Details of the proposed improvements to the bus stop would be reviewed and approved by the City's Transit Division. There may be some short-term impacts to automobile, bicycle and pedestrian traffic due to construction vehicles entering and exiting via Lakeville St. and Lindberg Lane. Construction vehicles will be contained to the site to the extent possible and will not impact the movement of local traffic. The project has been reviewed by the Fire Marshal and the Police Department to ensure that the project provides adequate access for emergency vehicles. The developer shall be responsible for a fair share contribution to the City's Traffic Mitigation Fee as established through City Ordinance and in the City's Special Development Fee handout. In March 2000, the City Council adopted the City of Petaluma Bicycle Plan and Map as an amendment to the City's General Plan Circulation Element. The Plan states that the City shall route development plans to the Petaluma Pedestrian and Bicycle Advisory Committee (PPBAC), allowing consideration of bicycle/pedestrian issues. The PPBAC reviewed the proposed project and provided specific recommendations (See Attachment M, Memorandum from Petaluma Pedestrian and 3S Page 9 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Bicycle Advisory Committee). These recommendations have been incorporated into the project by the applicant, added as a condition of approval or not recommended by staff as conditions of approval. PPBAC recommendations added as conditions of approval: Bike Parking • Prior to SPARC review, provide interior secure parking for four bicycles for upper floor office personnel. Intersection Improvements • The recommended intersection improvements on Lakeville Street, Lindberg Lane and Lindberg Circle are included as conditions of approval by the City Engineer. Public Transit Acconnnodations • The recommended public transit improvements are included as a condition of approval by the City Public Works Department (Transit). Drinking Fountain • A condition requiring a drinking fountain has been added. Lakeville Improvements • The City Engineering Division has included the condition that the development shall provide a fair share contribution toward a future traffic signal at Lakeville Street and Lindberg Lane. Signs • A condition has been added that signs warning motorist of the pedestrians and bicyclists in the area shall be installed on Lakeville St. for both eastbound and westbound traffic. Through Travel • A condition has been added which will require the site plan to be revised prior to going to SPARC showing bicycle/pedestrian connections from the end of the cul-de-sac through the commercial parking area to Lakeville St. and Lindberg Ln. Pedestrian and Bicycle Friendly Infrastructure • A condition has been added that requires the site plan be revised to show curb cuts at the two entrances of the commercial building, corresponding to the pedestrianibicycle connections through the parking lot. Incentives • A condition has been added that requires that prior to issuance of certificate of occupancy, the office/property manager shall provide a simple one-page document to the city naming a designated "transportation coordinator" describing specific incentives for residents/employees to used alternative modes to get to work. Pesticide/ Herbicide Use A condition has been added regarding pesticide and herbicide use. Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PPBAC recommendations that have been incorporated into the nroiect by the aunlicant: Bike Parking • The proposed site plan shows exterior bike parking for four bikes at the western and eastern ends of the commercial building as requested by the PPBAC. • As noted on Sheet A2.A0, all single-family homes shall have bicycle hanging hooks or storage devices within the secure covered garage spaces. Employee Showers and Lockers • Employee showers and lockers are shown on Sheet A2.01 & 02 Glare -Free Lighting • Noted on the project lighting plan Sheet 1. Benches and Drinking Fountain • A bench is shown on the east side of the commercial building Sheet A1.01 Pedestrian and Bicycle Friendly Infi astructure • The PPBAC is requesting a minimum 7 foot sidewalk along the Lakeville St. and Lindberg Ln. frontage. Sheet C2 of the civil plans show the sidewalks as 7 feet wide. PPBAC recommendations not added as conditions of annroval: Through Travel, School, Park, Neighborhood Links • Staff recognizes the needs and benefits of connecting neighborhoods; however the creation of a pedestrian/bicycle connection between this development and the end of East Court and the end Vallejo St. appears infeasible. This would involve a public easement through the proposed project as well an easement through two parcels on East Court and a third parcel on Lakeville St. The City cannot legally condition a project to require an easement over property that is not under the control of the applicant, therefore, staff has not added a condition requiring a 10 foot public access easement across Parcel A (Sheet Cl) as recommended by the PPBAC. Class III Bike Route on New Public Street • The proposed new public street is wide enough to accommodate a Class III Bike Route. Staff does not see the need for a Class III Bike Route Sign on this dead end street. PUBLIC COMMENTS A Notice of Intent to Adopt a Negative Declaration and a Notice of Public Hearing was published in the Argus Courier on May 25, 2005 and sent to all residents and property owners within 500 feet of the project site. Since notification of the public hearing, no written communication has been received. As previously mentioned, the applicant held a neighborhood meeting to discuss the project on May 16, 2005. Page 11 I 1 3 4 5 6 VA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 IMPACT FEES The project will be subject to the development fees, including: sewer and water connection, community facilities development, stone drainage impact, park and recreation land improvement, school facilities, in -lieu housing, conmmercial linkage fee, and traffic mitigation. ENVIRONMENTAL= REVIEW - Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study of potential environmental impacts was prepared. The potential for the following significant impacts were identified: Noise. Mitigation measures have been proposed and agreed to by the applicant that will reduce potential impacts to less than significant. In addition, there is no substantial evidence that supports a fair argument that the project, as mitigated, would have a significant effect on the environment. It is therefore recommended that a Mitigated Negative Declaration be adopted (See Attachment D, Draft Findings for Approval — Mitigated Negative Declaration). A Mitigation Monitoring Program has also been prepared. (See Attachment I, Initial Study and Mitigation Monitoring Program) ATTACHMENTS Attachment A: Draft Findings for Approval — General Plan Amendment Attachment B: Draft Findings for Approval — Zoning Map Amendment, Proposed Development Standards, and PUD Map Attachment C: Draft Findings for Approval — Tentative Subdivision Map Attachment D: Draft Findings for Approval — Mitigated Negative Declaration Attachment E Draft Conditions of Approval Attachment F Project Location Map and Project Description Attachment G Visual Simulations Attachment H Shade Study Attachment I: Initial Study & Mitigation Monitoring Program Attachment J Studies: Traffic Impact Analysis with updates by W -Trans (without appendices), Arborist's Report by Balcerak Design, Geotechnical Investigation Report (without appendices) by PJC & Associates, Hydrology Study by Robertson Engineering (without appendices), Environmental Noise Study by Illingworth & Rodkin, Inc. Note: if you would like a copy of the appendices please contact the Community Development Department. Attachment K: PUD Development Standards dated March 25, 2005 Attachment L: SPARC Preliminary Review Excerpt Minutes, July 22, 2004 Attachment M: Memorandum from Petaluma Pedestrian and Bicycle Advisory Committee dated April 27, 2004 Attachment N Memorandum from Craig Spaulding, City Engineer dated May 20, 2005 Attachment O: Full Size Civil and Architectural Plans and 11x17 Civil, Architectural, and Conceptual Landscaping Plan Page 12 W 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF PETALUMA, CALIFORNIA MEMORANDUM Coinnnority Development Deparhnent, Plawditg Division, 11 English Street, Petaluma, CA 94952 (707) 778-4301 Far (707) 778-4498 E-mail: planning&i.petaluma.ca.ns DATE: June 28, 2005 TO: roll "L Planning Commission Phil Boyle, Associate Planner AGENDA ITEM NO. II (Consent) SUBJECT: REQUEST FOR A RECOMMENDATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE 40 LOTS FOR RESIDENTIAL USE AND 1 LOT FOR RETAIL/OFFICE USE AND A MITIGATED NEGATIVE DECLARATION THIS PROJECT IS CONTINUED FROM THE JUNE 14, 2005 PLANNING COMMISSION MEETING. MODIFIED PROJECT DESCRIPTION I The applicant has submitted for multiple entitlements to construct a mixed use project consisting of a two story 16,975 square foot commercial building, 40 single family attached homes and a 7,150 square foot open space/park area. The entitlements requested at this time are: A Tentative Subdivision Map to create 40 lots for residential use ranging in size from 5,938 to 2,007 square feet and 1 lot for retail/office use ±47,767 sq. ft. and a Mitigated Negative Declaration. (See Attachment D Revised Project Information and Attachment F, Full size (commissioners only) and 11x17 Site Plan/PUD Plan, Civil, and Landscaping Plans.) RECOMMENDATION, . Staff recommends that the Planning Commission: 1. Forward a recommendation to the City Council to: a. Approve the Tentative Subdivision Map b. Adopt the Mitigated Negative Declaration 45 I-. BACKGROUND - 46 31 I This project was reviewed by the Planning Commission on June 14, 2005. At that meeting the 2 commission unanimously approved the General Plan Amendment from Thoroughfare Commercial 3 to Mixed Use and the Zoning Map Amendment from Commercial Highway to Planned Unit District 4 (PUD). The Commission requested that the tentative map be revised to include some type of 5 park/open space area for the residences and tenants of the project. Furthermore, the commission 6 requested that a number of conditions be added regarding water use, photovoltaic systems and 7 public access. 8 9 10 I RESPONSE TO. PLANNING COMMISSION COMMENTS 11 12 The applicant has made the following revisions to the project in response to the commission's 13 recommendations (See Attachment F Project Plans): 14 15 1. Lots 2 and 3 of the tentative map have been removed and the area is now part of the 16 commercial lot 1. The area is approximately 7,150 sq. ft. with landscaping, hardscape and a 17 planter. 18 19 2. The four parking spaces at the rear of lot 41 have been removed and three parallel parking 20 spaces have been added within the cul-de-sac. 21 22 3. The 6 foot high CMU sound wall separating the commercial parking lot from the residential 23 and new park/open space area has been removed. The sound wall adjacent to Lindberg Lane 24 and between lot 4 and the parking lot remains. 25 26 4. The trash enclosure has been relocated closer to Lindberg Lane to decrease the noise impact 27 to the residents. 28 29 STAFF ANALYSIS 30 31 The revised tentative map and site plan are consistent with the City's General Plan and Zoning 32 Ordinance. The applicant's noise consultant has provided a revised noise study which concludes 33 that with the suggested mitigation measures the noise impacts to the residential units will still be 34 less than significant with the revised project. (See Attachment E Noise Study form Illingworth and 35 Rodkin dated June 21, 2005). Therefore, the impacts and mitigation measures in the Initial Study 36 and Mitigated Negative Declaration have not changed. 37 38 Several conditions, regarding water conservation, solar photovoltaic systems and public access have 39 been added as requested by the Planning Commission. These new conditions are in italics in 40 Attachment C - Conditions of Approval. 41 42 During the June 14, 2005 Planning Commission Meeting the issue of a bike lane along Lindberg 43 Lane between Lakeville Street and Payran Street was discussed. Upon further review, staff has 44 determine that the width of Lindberg Lane is not adequate to accommodate parallel parking on both 45 sides of the street, bike lane(s) and two twelve foot travel lanes. (See Attachment F Sheet C2 46 Section A -A) 47 48 c) 3 4 5 6 7 8 9 10 ATTACHMENTS Attachment A: Draft Findings of Approval — Tentative Subdivision Map Attachment B: Draft Findings of Approval — Mitigated Negative Declaration Attachment C: Draft Conditions of Approval Attaclmlent D: Revised Project Information Attachment E: Revised noise study, Illingworth and Rodkin dated 06/21/05 (without appendix) Attachment F: Full size (commissioners only) and 11x17 Site Plan/PUD Plan, Civil, and Landscaping Plans.) 3 I+I ATTACHMENT 7 BADDELEY, OLIKER & SARTORI ATTORNEYS AT LAW MICHAEL J. BADDELEY ROBERT P. OLIKER DUANE P. SARTORI Phil Boyle, Planner City of Petaluma 11 English Street Petaluma, CA 94952 Re: Lindberg Circle Dear Mr. Boyle: THE GRACE BUILDING 17 KELLER STREET PETALUMA, CALIFORNIA 94952 FAX (707) 778-1086 (707) 778-6313 July 25, 2005 OF COUNSEL: FREDERIC L. HIRSCHFIELD We are legal counsel to Lindberg Circle LLC. The company has asked us to review the final conditions of approval for the project. Five new conditions were added at the last Planning Commission Meeting, most of which do not present any problem. However, we believe that Condition No. 5 is unreasonable as it is contrary to City policy and will create a significant liability and security risk with regard to this subdivision. New Condition 5 states as follows: "Prior to approval of the final map an irrevocable offer of dedication of a public access easement approximately 10 feet in width shall be shown through Parcel A and lot 16. The intent of this public access easement is to allow for the possible future connection of this project with East Court, Vallejo Street and/or Payran Street." While we recognize that reasonable conditions can be imposed with regard to the subdivision process, the most recent U.S. Supreme Court Rulings on this issue require that there be a reasonable nexus between the condition imposed and the harm or detriment to be caused by the subdivision. While we recognize the need to connect reasonable thoroughfares both for pedestrians and for bicycles through various residential neighborhoods, Condition 5 requires a public right of access over a private driveway which leads absolutely nowhere. East Court, Vallejo Street and/or Payran Street projects are completely built out. Therefore, this purported public right of access will lead 91 Re: Lindberg Circle July 25, 2005 Page 2 nowhere. The only potential access would be through adjoining commercial property which could potentially allow members of the public to access through a commercial parking lot which could only create a security risk. As this condition of public access goes nowhere, and has no reasonable prospect of ever connecting to a public thoroughfare, we do not believe this condition meets the Supreme Court test for a reasonable nexus between the project and the conditions imposed. The condition also imposes an unreasonable liability and security risk. The proposed public right of access would begin on the public dedicated streets off of Lindberg Lane and cross in front of four homes which are accessed only by a private driveway. Therefore, these four individual property owners will be the only homeowners within the subdivision who will bear the liability risk of members of the public using their private driveway to essentially access nothing. This is a significantly different risk than that afforded to homeowners under normal circumstances where members of the public are on the sidewalks in front of their house. On this basis as well, we believe the condition is unreasonable. When the Lindberg Circle project was originally reviewed by staff, there was a specific comment by the staff that even though there was a recognition of the benefits of connecting neighborhoods, it was nonetheless simply not feasible to connect this development with the end of East Court and the end of Vallejo Street. Staff comments are contained in the June 14, 2005 7:00 p.m. meeting at page 11, lines 26-34. Moreover, we are informed that the proposed Condition Number 5 providing public access which leads nowhere is not supported by the Police Department. The area where the purported public access is to be required will not be patrolled by the Police Department because it crosses a private driveway. Therefore, the Police Department does not support this Condition. For all of the above reasons, we believe it is appropriate to delete Item Number 5 from the conditions of approval for the Lindberg Circle PUD. Our hope would be that this matter can be handled informally. Your consideration of these issues is greatly appreciated. Since ely, ROBERT P. OLIKER RPO/cas cc: Client Mike Moore Richard Rudnansky, Esq. �� CITY OF PETALUMA, CALIFORNIA MEMORANDUM Police Department, 969 Petaluma Boulevard North, Petaluma, CA 94952 (707) 778-4372 Fac (707) 778-4476 E-mail. police&i.petaluma.ca. its DATE: 8-3-05 TO: Phil Boyle, Associate Planner FROM: Cindie Fahy, CSO SUBJECT: 05 -GPA -0512 -CR The Petaluma Police Department requests the following changes to the above revised project. According to the Revised Draft Conditions of Approval, from the Planning Division an "offer of dedication of a public access easement approximately 10 feet in width shall be shown through Parcel A and Lot 14. The intent of this public access easement is to allow for the possible future connection of this project with East Court, Vallejo Street and/or Payran Street." According to the above information, it appears a "future" bike access / path will be cutting through the comer area of this new complex, the rear area of East Court, and the businesses on Payran Street. Petaluma Police Department requests this bike access / path not be considered for the following reasons. 1. East Court is a "Dead End" Street. 2. In the future when the bike path is completed, allowing access behind the industrial businesses and residential housing, this will provide an area for person(s) to gather and hide. 3. Bike access is already established on Lakeville Street, Lindberg Lane, and Payran Street which is a major artery for the shopping center. Crash Gate: Site plan shows a crash gate for Emergency Vehicles. Petaluma Police Department requests the gate not be installed. A gate in that location is not needed because having two (2) entry / exits for Police and Fire Department response allows for greater coverage of the area. S:\Plan Dept\Memos\Lindberg Circle comments from Police.doc i N ATTACHMENT 8 Lindberg Circle, 890 Lakeville File NO.04-GPA-0512-CR Initial Study of Environmental Significance ■ Introduction: This Initial Study has been prepared pursuant to the California Environmental Quality Act (Public Resources Code, Section 21000 et seq) and the CEQA Guidelines. Additional information incorporated by reference herein includes: the project application, environmental information questionnaire, environmental review data sheet, project referrals, staff report, General Plan, EIR and Technical Appendices, and other applicable planning documents (i.e., Petaluma River Access and Enhancement Plan, Petaluma River Watershed Master Drainage Plan, specific plans, etc.) on file at the City of Petaluma Planning Division. Project Name: Lindberg Circle Site Address: 890 Lakeville Street Posting Date: May 25, 2005 Lead Agency Contact: City of Petaluma, Phil Boyle, Associate Planner Applicant: Mark Eglin Lindberg Circle LLC 719 Southpoint Blvd. Ste. C Petaluma CA 94954 Property Owner: Project Description: Lindberg Circle LLC 719 Southpoint Blvd. Ste. C Petaluma CA 94954 File No: 04 -GPA -0512 -CR APN: 005-020-003, 039, 040 Comments Due: June 14, 2005 Phone: (707) 778-4301 The applicant has submitted for multiple entitlements to construct a mixed use project consisting of a two story 16,975 square foot commercial building and 42 single family attached homes. The entitlements requested are: 1) A General Plan Amendment from Thoroughfare Commercial to Mixed Use 2) A Tentative Subdivision Map to create 42 lots for residential use ranging in size from 5,938 to 2,007 square feet and 1 lot for retail/office use ±42,109 sq. ft. 3) A Zoning Map Amendment from Commercial Highway to Planned Unit District (PUD) and 4) Site Plan and Architectural Review. The residential units will have three floor plans ranging from 1,450 to 1,900 square feet of living area. The buildings are two stories (±30 feet in height), except for some of the end units, and have common walls. The units are setback from the street ±20 feet at the garage door and ±15 feet at the porch. The rear yards are a minimum of ±14 feet. Access to all of the residential properties will be from a new public street (Lindberg Circle) off of Lindberg Lane which will terminate at a cul-de-sac. Parking for the residential units is an average of 2.5 off street parking spaces per unit. If street parking within the development is included, the ratio is 3 spaces per unit. Each unit has a tandem or single car garage and one space in the driveway. 102 Lindberg Circle, 890 Lakeville File NO. 04 -GPA -0512 -CR The two story commercial building will consist of 8,757 square feet of retail on the ground floor and 8,218 square of office space on the second floor. The building will be setback 10 feet from Lakeville Street and Lindberg Lane, f60 feet from the western property line of the project and f75 feet from the new residential units. The building will not exceed 40 feet in height from peak of roof to grade. The new public street off of Lindberg Lane will be ±38 feet in width with sidewalks and parking on both sides. The street will terminate at a cul-de-sac. Pedestrian and emergency vehicle access is provided between the cul-de-sac and the commercial parking lot. Vehicular and pedestrian/bicycle access to the commercial building is from both Lindberg Lane and Lakeville St. The total project density is approximately 9 units per acre. The density of the residential units alone, including the street, is approximately 12 units per acre. Environmental Setting: The site is a relatively flat undeveloped 4.5 -acre parcel. The site is bound by Lakeville St. to the south, Lindberg Ln. to the southeast, industrial and commercial uses to the north and residences to the west. An arborist report for the project concluded that all of the twelve trees on the property are of low quality. There are also eight trees on adjacent properties which will likely be affected by the project. Responsible/Trustee Agencies: The project requires a recommendation from the Planning Commission and approval by the City Council of a General Plan Amendment, Tentative Subdivision Map, and Rezoning. Following approval from the City Council the project must be reviewed and approved by the Site Plan and Architectural Review Committee. Lastly, the project will be subject to building permit review and approval by the Community Development Department Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use & Planning 2. Population, Employment & Housing 3. Geology & Soils 4. Air 5. Hydrology & Water Quality 6. Biological Resources 7. Noise 8. Visual Quality & Aesthetics 9. Hazards & Hazardous Materials 10. Transportation/Traffic 11. Public Services 12. Recreation 13. Utilities Infrastructure 14. Mineral Resources 15. Cultural Resources 16. Agricultural Resources 17. Mandatory Findings of Significance Lindberg Circle, 890 Lakeville File NO. 04 -GPA -0512 -CR ■ Determination I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION should be prepared. I find that although the proposed project could have a significant effect on the environment, there will X not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL _ IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment because all potentially significant effects a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION including revisions or mitigation measures that are imposed upon the proposed project nothing further is required. A Notice of Intent to adopt a Negative Declaration will be prepared, distributed and posted for the public comment period of Mav 25, 2005 through June 14, 2005. Prepared by: Phil Boyle,, �tnre A� Lindberg Circle, 890 Lakeville File NO.04-GPA-0512-CR ■ Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "No impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question: A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A no impact answer should be explained where it is based in project -specific factors as well as general standards, i.e., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis. 2) All answers must take account of the whole action involved, including: off-site as well as on-site cumulative, project -level indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses" may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration pursuant to Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. SLindberg Circle, 890 Lakeville St. 04 -GPA -0512 -CR Potentially I Less than I Less Than I No Significant Significant Significant Impact Impact w/Mitigation Impact Measures ■ Environmental Analysis Land Use and Planning. Would the project: a. Physically divide an established community? X b. Conflict with any applicable land use plan, policy or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation X plan or natural community conservation plan? Discussion: The current General Plan Land Use Designation of the project parcels is Thoroughfare Commercial. The City of Petaluma is in the process of updating its General Plan and the most recent Land Use Map shows the project parcels as Mixed Use. Because the Updated General Plan has not been adopted by the City and may not be adopted prior to approval of this project, a General Plan Amendment from Thoroughfare Commercial to Mixed Use is being requested by the applicant. The Mixed Use designation allows for any combination of commercial, office, and residential uses. The intent of Mixed Use is to allow for housing along with commercial uses including but not limited to retail, offices and restaurants. Densities of 10 to 30 units per acre are allowed "where measurable community benefit is to be derived; where infrastructure, services, and facilities are available to serve the increased density; where superior design ensures an attractive, comfortable and healthy living environment; and where the effects of the increased density will be compatible with the major goals of the General Plan." The 42 residential units on 4.5 acres represent a density of 9.3 units per acre or 12 units per acre when the 42,109 square foot office/commercial parcel is excluded. The applicant states that the project will have a "measurable community benefit' because it will provide a quality product with a unified and organized arrangement of buildings and service facilities which are appropriate in relation to the adjacent and nearby properties. The purposed project will screen the nearby industrial uses and provide a well landscaped space for the residential homes and commercial building. If the Planning Commission and City Council concur that the project provides a "measurable community benefit" sufficient to allow a density greater than 10 dwelling units per acre, then the current proposal complies with the uses and density specified by the General Plan. The project is within the (CH) Commercial Highway Zoning District, which is intended to provide suitable locations for wholesale, commercial, and industrial establishments usually locating in proximity to highway or arterial street traffic and designed to serve needs beyond those of the immediate neighborhood. The proposed project includes a request for a rezoning from Commercial Highway to Planned Unit District (PUD). The PUD is "designed to allow inclusion within its boundaries a mixture of uses, or unusual density, building intensity, or design characteristics which would not normally be permitted in a single use district or combination of zoning districts ...". Development in this zone is allowable only after the approval by the City Council of a complete Unit Development Plan showing the internal design of the District, the interrelationship of uses, and their relation to the surrounding area." The application has submitted all the materials required under Section 19A-202 of the Zoning Ordinance for the creation of a PUD. The Planning Commission and the City Council are required to make specific findings that are outlined in the staff report prior to approving the PUD: Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures There is no existing habitat conservation plan or natural community conservation plan that exists for this area of the city. Therefore, there is no impact. Mitigation Measnres/Monitorine: Not applicable. 2. Population. Employment and Housina. Would the project: a. Induce substantial population growth in an area, X either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people X necessitating the construction of replacement housing elsewhere? Discussion: The proposed project includes 42 housing units and a two story 16,975 square foot commercial building to be constructed in an infill area at a density for the total project area of 19 units per acre. The density of the residential units alone, including the street, is approximately 12 units per acre. This density is greater then the current allowable density of East Court (maximum of 10 units/acre) and the commercial center across Lindberg Ln. if it was to be developed as all or partially residential (maximum of 30 units/acre). The most recent land use designation in the 2005-2025 General Plan Update for the project parcels as well as East Court is Mixed Use which would allow for a maximum of 30 units/acre. Thus, this project would not induce substantial population growth. The development will not displace any housing or people. In fact, the project would increase the housing supply and increase employment opportunities. Residential development projects of 5 or more units are required to contribute to the City's affordable housing program pursuant to Policy 4.2 and Program 4.4 of the Housing Element of the Petaluma General Plan. The applicant shall participate by paying an in -lieu housing fee for each residential unit payable at the close of escrow. Mitigation Measures/Monitoring: Not applicable. M Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures 3. Geoloav and Soils. Would the project: a. Expose people or structures to potential substantial X adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a ]mown earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic -related ground failure, including liquefaction? b. Result in substantial soil erosion or the loss of X topsoil? C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? M ii X 0 /1 e. Unstable earth conditions or changes in geologic X substructures? f. Disruptions, displacements, compaction or X overcovering of the soil? g. Change in topography or ground surface relief features? X h. The destruction, covering or modification of any X unique geologic or physical features? i. Any increase in wind or water erosion of soils, X either on or off site? j. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion, which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? KI k. Exposure of people or property to geologic hazards X such as earthquakes, landslides, mudslides, ground failure or similar hazards? Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures Discussion: A geotechnical report by PJC & Associates was provided as part of application packet. The report concluded that the site is suitable for development provided the recommendations and criteria presented in the report are incorporated into the design and carried out through construction. The primary geotechnical concerns in design and construction of the project is the presence of unengineered artificial fill and the highly expansive surface and near surface soils. The project is an in -fill development. The project will not result in unstable earth or geologic conditions. The soil V.611 be compacted prior to project construction. Additional buildings and associated paved parking and circulation areas will cover the soil. The project will not result in the destruction or covering of any unique geologic features or expose people to any geologic hazards not typically associated with this region. The project site is relatively flat with no significant land features or characteristics. The minor grading required to permit development of the project has the potential to cause slight water erosion if construction is carried out during the rainy season (October 15th through April 15th). The grading also has the potential to cause minor wind erosion if the soil conditions are dry. Landscaping will be installed at the site and will help to mitigate erosion. The Site Plan and Architectural Review Committee (SPARC) will review the landscape plans for the location, size, type and species of plant material to be installed. The applicant will be required to submit foundation and structural designs for the proposed structures to demonstrate compliance with all requirements of the Uniform Building Code. Additionally, the review of grading, public improvements and erosion control plans by the Engineering Division will mitigate any impacts to soil erosion that may result from the proposed construction. The application of the requirements contained in the City of Petaluma Grading and Erosion Control Ordinance and requirements listed below will reduce any potentially significant environmental impacts resulting from erosion and/or runoff to a level of less than significant. 1. Prior to issuance of a grading permit, building permit or approval of an improvement plan or Final Map, the Applicant shall provide a Soils Investigation and Geotechnical Report prepared by a registered professional civil engineer for review and approval of the City Engineer and Chief Building Official in accordance with the Subdivision Ordinance and Grading and Erosion Control Ordinance. The soils report shall address site specific soil conditions (i.e. highly expansive soils) and include recommendations for: site preparation and grading; foundation and soil engineering design; pavement design, utilities, roads, bridges and structures. 2. Final project improvement and grading plans shall be prepared by a California registered Civil Engineer (P.E.), and accepted by City staff prior to Final Map approval. The plans shall be prepared in compliance with the City of Petaluma's Subdivision Ordinance and Grading and Erosion Control Ordinance. A comprehensive erosion control plan shall be prepared, paying special attention to prevention of increased discharge. The control plan shall include measures such as: a) restricting grading to the non -rainy season; b) protecting storm drainage outlets from erosion and siltations; c) use of silt fencing, and straw wattles to retain sediment on the project site or Best Management Practices (BMPs) as recommended by the Regional Water Quality Control Board (RWQCB). Required improvements shall be reflected on plans submitted in conjunction with the project's improvement drawings and shall be reviewed and approved by the Planning Director and the City Engineer prior to Final Map approval. Prior to City acceptance, all public improvements shall be subject to inspection by City staff for compliance with the approved Public Improvement Plans, construction permits and project mitigation measures/conditions of approval. All public and/or private improvements shall be subject to inspection by City staff for compliance with the approved Improvement Plans, prior to City acceptance. 64 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures 3. All construction activities shall comply with the Uniform Building Code regulations for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). Foundation and structural design for buildings shall conform to the requirements of the Uniform Building Code, as well as state and local laws/ordinances. Construction plans shall be subject to review and approval by the Building Division prior to the issuance of a building permit. All work shall be subject to inspection by the Building Division and must conform to all applicable code requirements and approved improvement plans prior to issuance of a Certificate of Occupancy. Mitieation Measures/Monitorine: Not applicable. 4. Air. Where available, the significance of criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the X applicable air quality plan? b. Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? C. Result in a cumulatively considerable net increase X of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial X number of people? Discussion: Temporary short -tern increases in exhaust emissions and dust would result from the use of construction equipment. This will not be of a level that would result in a significant impact to ambient air quality. The project will not result in objectionable odors or alter air movement, moisture, or change in climate. The application of the City's standard mitigation measures (such as watering graded surfaces to reduce dust and shutting down vehicles when not in use), these impacts would be short-term. Fireplaces in the residential units will not be wood burning and will comply with current air quality regulations. Per City requirement, the applicant shall incorporate the following Best Management Practices into the construction and improvement plans and shall clearly indicate these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. Exposed soils shall be watered a minimum of twice daily during construction. The frequency of watering shall be increased if wind speeds exceed 15 mph. 53 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact N/Mitigation Impact Measures 'fhe construction site shall provide a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction vehicles prior to entering the public roadways. Street surfaces in the vicinity of the project shall be routinely swept and cleaned of mud and dust carried onto the street by construction vehicles. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. • Post -construction re -vegetation, repaving or soil stabilization of exposed soils shall be completed in a timely manner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance of improvements or issuance of Certificate of Occupancy. Applicant shall designate a person with authority to require increased watering to monitor the dust and erosion control program and provide name and phone number to the City of Petaluma prior to issuance of grading permits. AUti¢ation Measures/Monitorinu: Not applicable 5. Hvdroloav and Water Qualitv. Would the project: a. Violate any water quality standards or waste X discharge requirements? b. Substantially deplete groundwater supplies or X interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of X the site or area, including through the alteration of the course of a stream or river in a manner, which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of X the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on -or off- site? e. Create or contribute runoff water which would X exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 10 6A Lindberg Circle File NO. 04 -GPA -0512 -CR f Otherwise substantially degrade water quality? g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami or mudflow? Discussion: Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures X X M a b! Robertson Engineering Inc. conducted a Preliminary Hydrology Study for the project. The proposed development of the site will require the filling of the site between 0.5 feet to 4.3 feet. A combination retaining wall/fence is proposed to be constructed along the westerly (East Court) and northerly (commercial parcels) sides of the proposed project. The study included a topographical survey which indicated that the back half of the adjoining 13 parcels on East Court drain toward the project site where inlets will be constructed for drainage. The study concluded that a 10 year storm event will stay within the proposed storm drainage system. The project would not violate any water quality standards or waste discharge requirements or deplete groundwater supplies or interfere substantially with groundwater recharge or substantially contaminate the groundwater. The project may change existing drainage patterns. However, these will not be significant alterations as all hydrologic, hydraulic, and storm drain system design shall be subject to review and approval by the Sonoma County Water Agency (SCWA) and the City Engineer. No lot -to -lot drainage shall be permitted, unless private storm drain easements are created to collect rear yard surface water runoff. Surface runoff shall be addressed within each individual lot, and then conveyed to an appropriate storm drain system. The project site is not within a floodway or floodplain. The project would not result in alteration to the course of floodwaters, affect ground water, surface waters, reduce the public water supply, or expose people to water related hazards. Prior to construction, the geotechnical engineer will review the final plans and specifications. In accordance with requirements set by the State Water Resources Control Board, the applicant would prepare a Storm Water Pollution Prevention Plan (SWPPP) per the latest state requirements to be implemented throughout project construction and operation. The Applicant shall complete and submit an Notice of Intent (NOI) and appropriate filing fee to the SWCB. The applicant shall file a Notice of Termination (NOT) with the SWRCB upon project completion. The SWPPP shall be submitted for review and approval by the Engineering Division prior to approval of improvement plans, final map or issuance of grading or building permits. City inspectors shall inspect the improvements and verify compliance prior to acceptance of improvements. The SWPPP shall comply with San Francisco Bay Area Regional Water Quality Control Board requirements and include the following as appropriate: Provision for vegetated streamside buffer areas separating formal landscape and developed areas from creek channels and drainage ways. The stream buffer zone shall be landscaped with native plant species to filter 55 II Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less'flum No Significant Significant Significant Impact Impact w/Mitigation Impact Measures and absorb sediment and chemical constituents and provide a zone for rainfall infiltration next to the creek channel. • All drainage improvement plans shall include installation of permanent signs (concrete stamps or equivalent) at each storm drain inlet. The sign at each inlet shall read "No Drooping, Flows To The Petaluma River" or equivalent, and shall be installed at the time of construction and verified prior to acceptance of public improvements or issuance of a certificate of occupancy. All construction activities shall be performed in a manner that minimizes the sediment and/or pollutant entering directly or indirectly into the storm drain system or ground water. The applicant shall incorporate the following provisions into the construction plans and specifications, to be verified by the Community Development Department, prior to issuance of grading or building permits. The applicant shall designate on the improvement plans construction staging areas and areas for the storage of any hazardous materials (i.e., motor oil, fuels, paints, etc.) to be used during construction. All construction staging areas shall be located away from any drainage areas to prevent runoff from construction areas from entering into the drainage system. Areas designated for storage of hazardous materials shall include proper containment features to prevent contamination from entering drainage areas in the event of a spill or leak. • No debris, soil, sand, cement, or washing thereof, or other construction related materials or wastes, soil or petroleum products or other organic or earthen material shall be allowed to enter any drainage system. All discarded material including washings and any accidental spills shall be removed and disposed of at an approved disposal site. The applicant shall designate appropriate disposal methods and/or facilities on the construction plans or in the specifications. • Pesticides and fertilizers shall not be applied to public landscape areas during the rainy season (October 1st -April 15th). The applicant shall utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques. The applicant shall be required, when pesticide/herbicide use occurs, to post appropriate signs warning pedestrians. The Applicant shall be subject to the payment of the City's Storm Drainage Impact Fee. Drainage Impact Fees shall be calculated at the time of Final Map approval and a fair share portion shall be paid for each residential unit prior to final inspection or issuance of a Certificate of Occupancy. The project may change existing drainage patterns and result in additional runoff that would occur by creating new non -pervious surfaces (new paving and new structures). To minimize these impacts the following standard requirements apply: 1. This developer shall pay the storm drainage impact fee and provide on-site improvements to address the incremental impact that the new development will have on citywide drainage. The Community Development Department shall calculate the project's appropriate storm water drainage fee and shall insure that the fee is collected as provided for in the City's Resolution. 2. The applicant shall submit a detailed grading and drainage plan as a part of the improvement drawings for review and approval by City staff prior to issuance of a building permit. The drainage plans shall include supporting calculations of storm drain. Surface runoff shall be addressed and conveyed to an appropriate storm drain system. All public improvements shall be subject to inspections by City staff 12 15r Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Thun No Significant Significant Signifcant Impact Impact w/Mitigation Impact Measures for compliance with the approved Public Improvement plans, construction permits, project mitigation measures and conditions of approval, prior to City acceptance. All site drainage improvements shall be designed and constructed in conformance with the minimum requirements of Sonoma County Water Agency Design Criteria and shall be subject to review and approval of the Sonoma County Water Agency and the City Engineer prior to issuance of a building permit. All public improvements shall be subject to inspections by City staff for compliance with the approved Public Improvement plans, construction permits and project mitigation measures/conditions of approval, prior to City acceptance. 4. Required mitigations and conditions of approval shall be reflected on plans submitted in conjunction with the project's improvement drawings, landscaping, drainage, storm water pollution prevention, and erosion control plans, and shall be reviewed and approved by the Community Development Department and the City Engineer, and as appropriate by the Sonoma County Water Agency. The applicant shall obtain appropriate approvals from all necessary regulatory and trustee agencies prior to the issuance of a grading permit. Mitigation Measures/Monitorine: Not applicable. 6. Bioloaical Resources. Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Depart. of Fish and Game or US Fish and Wildlife Service? C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? M X KI X e. Conflict with any local policies or ordinances X protecting biological resources, such as a tree 13 Lindberg Circle File NO. 04 -GPA -0512 -CR preservation policy or ordinance. f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? Potentially Less than Less 77mn No Significant Significant Significant Impact Impact w/Mitigation Impact Measures X Discussion: The project site is surrounded by public streets, industrial/warehouse uses and residences. The project site is not known to provide habitat for any special status species or to be a wildlife corridor. The project site contains no wetlands, riparian habitat, or other water sources. No conservation plans apply to the project site. The site is disked regularly for fire protection. An arborist report from certified arborist Gary Balcerak identified 20 trees, some shrub like, on or adjacent to the site. The report concluded that all of the trees on the site are of low quality. Any substantial trees on the site were removed long ago. Much of the bushy growth noted today is stump sprouts resembling shrubs, instead of trees. The trees on and adjacent to the site include Box Elders, Plums, Poplars, Eucalyptus and Redwoods. The project proposal includes the removal of all existing vegetation on the subject property. The report also addresses the impacts to trees adjacent to the project. Tree #7 is a Blue Gum Eucalyptus that is located to the west of the project in the rear yard of a residence on East Comm Blue Gums are known to have a moderate tolerance to site disturbances. However, they are intolerant of fill soil. Given that nearly 50% of the root zone will be impacted by the fill soil, it is probable the roots, covered with fill soil, will die. The loss of buttress roots may lead to structural failure. Given these facts the retention of this tree is questionable. If the tree were to be retained a complete hazard evaluation should be performed upon completion of construction. Trees #9 through #14 are Coast Redwoods and are located to the north of the project along the existing fence line. These trees were evaluated because the canopies and rooting systems extend onto the project site and will be affected by the imported fill soil. Redwoods are adaptable to site disturbances, including fill soil conditions. These Redwoods are young and the healthiest ones are likely to survive the construction impacts, with only a moderate amount of stress. Their condition would be improved if they receive supplemental irrigation, in the dry season, during and after construction. In regards to the proposed landscape the arborists report states "The landscape plan proposes the planting of 124 trees (a replacement ratio of 6 to 1). The trees indicated include a wide range of species, providing biodiversity as well as enhanced aesthetics. The end result will yield a site that is, in a biological sense, quantitatively and qualitatively superior to what currently exists." The Site Plan and Architectural Review Committee will review the type, location, size and species of the landscaping to be installed. Lastly, there is no Habitat Conservation Plan, Natural Community Conservation Plan, or other local, regional, or state habitat conservation plan that exists for Petaluma, which would regulate the proposed development on this parcel. For these reasons, no significant impacts to the existing biological resources will be created as a result of this proposal. Mitieation Measures/Monitorine: Not applicable. Noise. Would the project result in? a. Exposure of persons to or generation of noise levels X in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 14 5 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less T7an No Significant Significant Significant Impact Impact w/Mitigation Impact Measures b. Exposure of persons to or generation of excessive X groundbome vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise X levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in X ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan X or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip X would the project expose people residing or working in the project area to excessive noise levels? Discussion: The community Health and Safety Element of the Petaluma General Plan sets forth goals and policies related to community noise. The objective of the policies and programs set forth in the Noise Element is to "minimize the amount of noise that future development creates and the amount of noise to which the community is exposed". The General Plan establishes 60Ldn as the maximum "normally acceptable" noise level for exterior use areas and 45 Ldn as the interior noise level in single-family residential developments. The noise environment on the site results primarily from vehicular traffic on Lakeville St. and distant traffic from U.S. Highway 101. Other sources of noise in the area include a warehouse/storage facility sharing the northeastern property with the project and the delivery area of the Gateway Shopping Center and an auto repair facility, both of which are located on Lindberg Lane across from the project site. The consulting firm of Illingworth and Rodkin, Inc. conducted an environmental noise assessment to evaluate the compatibility of the development with respect to the environmental noise levels at the project site and evaluate noise impacts upon sensitive receptors in the area. In summary, the noise assessment concludes that noise impacts would be less than significant with the implementation of the recommended mitigation measures and standard construction noise controls. The noise environment (70 dba) for the commercial building adjacent to Lakeville St. was found to a normally acceptable level for the proposed retail and office uses. The report states that standard construction would be sufficient to attenuate environmental noise at this facility. The residential component of the project would receive some benefit from shielding of Lakeville Highway noise from both the proposed commercial building and existing buildings of the Gateway Center. The facades and outdoor spaces of the residential units adjacent to the commercial parking lot (Units G2 and H29) will be exposed to acceptable levels of noise due to Lakeville St. and Lindberg Ln. traffic. However, noise produced by the traffic and other activities in the parking lot of the commercial development will exceed the exterior noise standard and therefore a solid noise barrier is required. This is also the case for the units adjacent to Lindberg Ln. (Units A3 and K3). To mitigate these noise impacts, the project includes a 6 foot tall, 8 inch thick CNIU wall separating the residential units 15 51 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less'Flum No Significant Significant Significant Impact Impact AV/Mitigation Impact Measures from Lindberg Ln. and from the commercial parking lot. The report also discusses the option of a solid wood fence and a landscaped earth berm which, if properly constructed, would mitigate the noise impacts to an acceptable level. The Noise Study also fmds that during construction noise levels will be temporarily elevated in the area. Because of the proximity to existing residences, it is recommended that construction hours be limited. The implementation of a solid noise barrier and the mitigation measures listed below will mitigate the project noise impacts to a level which is less than significant. Additionally, as with each construction project, all construction activities must comply with applicable Performance Standards in the Petaluma Zoning Ordinance and Municipal Code. While the further residential development of this partially developed site will result in permanent increase in ambient noise levels in the project vicinity, the project site is currently surrounded by developed residential and commercial parcels and the effect of additional residential development will be less than significant. This site is within the Petaluma Municipal Airport's land use study area of the Sonoma County Comprehensive Airport Land Use Plan, prepared by Coffman Associates, hic. dated January 2001. However, it is not within the Airport's referral area as designated by that Land Use Plan area and therefore, no special measures are recommended by the Plan. Mitigation Measures/Monitoring: 1. Construction hours are limited to Monday through Friday from 8:00 a.m. to 5:00 p.m and 9:00 a.m. to 5:00 p.m. on Saturday. Construction is prohibited on Sunday and all holidays recognized by the City of Petaluma. 2. There shall be no start up of internal combustion engines on construction related machinery or equipment prior to 8:00 a.m. Monday through Friday. 3. Delivery of materials or equipment is limited to Monday through Friday (non -holiday) between 7:30 a.m. and 6:00 p.m. 4. Machinery shall not be cleaned past 7:00 p.m. or serviced past 6:45 p.m. Monday through Friday. 5. All construction equipment powered by internal combustion engine shall be properly mufflered and maintained. 6. Equipment shall be turned off when not in use. Unnecessary idling of internal combustion is prohibited. 7. All stationary noise generating construction equipment shall be located as far as practical from existing nearby residences and other noise sensitive land uses. All such equipment shall be acoustically shielded. 8. Quiet construction equipment, in particular air compressors, shall be used whenever possible. 9. The project applicant shall designate a "noise disturbance coordinator", such as the contractor or contractor's representative, who is responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g. starting too early, bad muffler, etc.) and take measures to correct the problem. The name and phone number of the disturbance coordinator 16 6o Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less T7ian No Significant Significant Significant Impact Impact w/Mitigation Impact Measures shall be conspicuously posted at the construction site and the location shall be included on improvements plans and building permit plans submitted to the City for review. 8. Visual Qualitv and Aesthetics. Would the project: a. Have a substantial adverse effect on a scenic vista? I X b. Substantially damage scenic resources including, X but not limited to, trees, rock outcroppings, and historic buildings within a state scenic h ghway? C. Substantially degrade the existing visual character X or quality of the site and its surroundings? d. Create a new source of substantial light or glare X which would adversely affect day or nighttime views in the area? Discussion: The site is not in an area designated as a scenic resource or highway. The project will include a two story, ±40 feet tall and 200 foot wide, commercial building which will be set back approximately 20 feet from the edge of Lakeville St. The applicant provided visual simulations of the project from 5 different vantage points. These simulations show the buildings, the proposed CMU sound wall around the residential portion of the project and mature landscaping. The buildings will alter the views to the east of Sonoma Mountain for motorists and pedestrians/cyclists traveling on Lakeville St. However, the height, width and setbacks of the building are consistent with the existing Commercial Highway Zoning Designation. The proposed residential units will be approximately 30 feet in height and be setback f 16 feet from the rear property lines of the East Court residences. The site plan shows the buildings adjacent to the rear property lines of East Court as three buildings f 30 feet in height and t 100 feet in width separate by ±10 feet. The bulk and massing of these new residential units could impact the natural lighting and views of the East Court residences. The applicant has provided a shade study which shows the shading of adjacent properties at the Winter Solstice and Spring Equinox. Though shading will occur as a result of the project, most noticeably during the Winter Solstice, it is to a level that is considered less than significant. The project also proposes a 6 foot high CMU wall along the edge of the residential portion of the project adjacent to Lindberg Lane and the proposed commercial parking lot. This wall, along with the residential units themselves, will alter the views for motorists and pedestrians/cyclists traveling on Lindberg Lane. The project, including the retaining wall, is required to be reviewed by the Site Plan and Architectural Review Committee (SPARC). In addition, the landscaping plan for the project includes plantings in front of the retaining wall to screen it. Therefore, the impact is less than significant. All exterior lighting shall be directed onto the project site and access ways and shielded to prevent glare and intrusion onto adjacent properties. Plans submitted for project review and approval shall incorporate lighting plans, which show the location and design of all proposed streetlights, and any other exterior lighting proposed. Proposed outdoor lighting in conjunction with development shall include design measures to reduce private light impacts i.e., outdoor lights only (no flood lights), low profile light standards and/or wall mounted lights, lights attached to buildings shall provide a "soft wash" of light against the wall, no direct glare. �I 17 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact W/Mitigation Impact Measures Shade trees shall be incorporated on improvement plans along public streets and within parking areas shall be in conformance with the City's Site Plan and Architectural Review Guidelines to reduce glare and provide shade and screening. Arclutectural detail, landscaping plans and detailed site plans shall be subject to review by the City and conform to Site Plan and Architectural Review Design Guidelines, prior to issuance of building permits. The project will not create a new source of substantial light and glare. The development of the new parcels with commercial and residential uses would increase the light and glare in the immediate area; however, the lighting would be consistent with that typically associated with these uses and is required to comply with the Zoning Ordinance Performance Standards for light and glare. Exterior lighting would be reviewed as part of the SPARC review. Any new light and glare associated with the project is expected to be less than significant. Mideation Measures/Monitoring: Not applicable. 9. Hazards & Hazardous Materials. Would the project: a. Create a significant hazard to the public or the X environment through the routine transport use, or disposal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site, which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan X or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f For a project within the vicinity of a private airstrip, X would the project result in a safety hazard for people residing or wonting in the project area? g. Impair implementation of or physically interferes X with an adopted emergency response plan or 18 0, Lindberg Circle File NO. 04 -GPA -0512 -CR emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion: There are no known hazards on-site or in the ground. Potentially Less than Less' lmn No Significant Significant Significant Impact Impact w/Mitigation Impact Measures X The proposed project would not create a risk of an explosion or the release of hazardous substances including but not limited to oil, pesticides, smoky chemicals, or radiation, in the event of an accident. The project will not interfere with emergency evacuation plans, create potential health hazards, or result in an increase in fire hazards due to flammable brush, grass or trees. No storage of chemical or hazardous materials is anticipated with the use of this site. Except during construction when equipment may be used requiring various types of fuel, the project does not involve hazardous substances. The project is located within two miles of an airport and within an airport land use plan (Petaluma Municipal Airport Chapter of the 2001 Sonoma County Comprehensive Airport Land Use Plan). However, the airport land use plan requires that planes tum north toward the county land and not toward the city. Thus, planes are required to tum away from the subject site. For this reason, the safety hazard for people residing in the project area appears to be less than significant. During construction, the applicant shall comply with all existing Federal and State safety regulations related to the transport, use, handling, storage, and/or disposal of potentially hazardous substances. A Stormwater Pollution Prevention Plan (SWPPP) that will include specific Best Management Practices (BMPs) related to hazardous materials will be implemented during construction. For construction activities involving storage of chemicals or hazardous materials on-site, the applicant shall file a declaration form with the Fire Marshal's office and shall obtain a hazardous materials storage permit. If hazardous materials are to be used or stored on-site, the applicant shall prepare a Risk Management Plan (RMP) for approval by the Fire Marshal. The RMP shall include the following as appropriate: The applicant shall provide for proper containment within storage areas for hazardous materials and shall maintain emergency equipment and supplies, as specified by the Fire Marshal, to address any spills or leaks from the facilities. The applicant shall identify any potentially hazardous substances or contamination existing on-site and shall provide for proper treatment, removal, and disposal during construction. Mitieation Measures/Monitorine: Not applicable 19 0 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures 10. Transportation/Traffic. Would the project: a. Cause an increase in traffic, which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? f Result in inadequate parking capacity? X g. Conflict with adopted policies, plans or programs X supporting alternative transportation, i.e., bus turnouts, bicycle racks)? Discussion: X X X XI A traffic study prepared by the consulting firm of Whitlock and Weinberger Transportation, Inc. provides an analysis of the traffic impacts of the proposed project. Four intersections were evaluated within the project area: 1) Lindberg Ln./Lakeville St 2) Lindberg Ln./Payran St. 3) Caulfield Ln./ Lakeville St. 4) Caulfield Ln. / Payran St. An analysis was also performed relative to the projected operating conditions at the new intersection which will be created by the new public street Lindberg Cir. and Lindberg Ln. Trip generation rates are used to evaluate the potential impacts of a single project or larger developments with multiple uses. The retail/commercial components of this project are anticipated to generate 583 daily trips of which 35 will be during the a.m. and p.m. peak while the residential portion of the project will generate 402 daily trips of which 32 will be during the am peak and 43 during the pm peak. For the purposes of this analysis traffic impacts are assessed as if all trips were made by motor vehicle. The existing plus project scenario presents an evaluation of the potential traffic impacts which are expected to occur with the addition of traffic from the proposed project to the existing traffic levels. Under this scenario, all of the study intersections are expected to continue operating acceptably at LOS C or better during the a.m. and p.m. peak hours, with both main street and minor street movements having acceptable levels of delay. a 20 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures Vehicular access to the residential portion of the site will be via a cul-de-sac off of Lindberg Ln. Access will also be provided for pedestrians/cyclists and emergency vehicle between the commercial parking lot and the cul-de-sac. The office/retail portion of the site is served by a parking lot with an access driveway onto Lindberg Ln. and an access driveway onto Lakeville Street. The project access driveway serving the retail/office portion onto Lakeville St. will likely be limited to right -turns in and out when the planned City improvements to Lakeville St., including a traffic signal at Lakeville St. and Lindberg Ln. are constructed. The limitation of the Lakeville Street access to right -tum in and out only will not result in significant impacts to site and street circulation. Parking for the residential portion of the project includes an average of 2.5 off street panting spaces per unit and an average of 3 spaces per unit if on and off street spaces are counted. The City's PUD development standards allow for more flexible parking requirements than standard zoning, however, for reference purposes if the standard of 3 parking spaces per unit was applied, the project would be short 23 parking spaces for the residential portion. The retail/office portion of the project provides 50 off street spaces in the parking lot behind the commercial building. This meets the standard zoning criteria of 1 space per 300 square feet of retail/office floor area. The project is located adjacent to Lakeville St. which is currently served by Sonoma County Transit. The applicant has met with Jim Ryan of the City's Transit Division and proposed to improve the existing bus stop on the north side of Lakeville St.(adjacent to McDonalds) instead of providing a new stop in front of the project. Details of the proposed improvements to the bus stop will be reviewed by the City's Transit Division, CDD and SPARC. There may be some short-term impacts to automobile, bicycle and pedestrian traffic due to construction vehicles entering and exiting via Lakeville St. and Lindberg Ln. Construction vehicles will be contained to the site to the extent possible and will not impact the movement of local traffic. The project has been reviewed by the Fire Marshal and the Police Department to ensure that the project provides adequate access for emergency vehicles. The developer shall be responsible for a fair share contribution to the City's Traffic Mitigation Fee as established through City Ordinance and in the City's Special Development Fee handout. In March 2000, the City Council adopted the City of Petaluma Bicycle Plan and Map as an amendment to the City's General Plan Circulation Element. The Plan states that the City shall route development plans to the Petaluma Pedestrian and Bicycle Advisory Committee (PBAC), allowing consideration of bicycle/pedestrian issues. The PBAC reviewed the proposed project and provided specific recommendations and conditions. These recommendations included interior and exterior bike parking, employee showers and lockers, benches and drinking fountains, intersection improvements for pedestrian travel and a Class III bike route on the new Lindberg Circle roadway. The committee further recommended that a pedestrian/bicycle easement be required connecting this project with adjacent properties to the northwest and as well as a better connection between the commercial and residential portions of the project. Staff has reviewed these recommendations and forwarded those which are consistent with the City of Petaluma Bike Plan and feasible as conditions of approval to the Planning Commission, City Council and Site Plan and Architectural Review Committee. Thus, the project would comply with the adopted policies, plans or programs supporting alternative transportation. Mitieation Measures/Monitorine: Not applicable 21 &6 Lindberg Circle File NO. 04 -GPA -0512 -CR 11. Public Services. Would the project: a. Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Less than Less Than No Significant Significant Significant Impact Impact WMitigation Impact Measures 1. X X X X Discussion: The development is proposed to occur within an urbanized area, which is already serviced, by a variety of public services. Additional fire and police service calls may occur as a result of this proposal. However, the impact upon schools and parks would not be significantly more than is proposed by the current General Plan designation. The closest parks and open space areas to the project site are Sunset Park in front of the Line and Twine Building, approximately one third of a mile from the project site; Kenilworth Park next to the Public Library on Washington and the future McNear Peninsula Park at the western end of McNear Peninsula; both are approximately half mile from the project site. The project does not provide any designated private or public open space for the residents outside of the front and rear yards of each unit. As a point of comparison, if this project was proposed to be zoned Residential Compact (RC) or Garden Apartment (RMG) the minimum amount of useable open space required would be 600 square feet per unit. The typical backyards of this project are about 400 sq. ft. with some yard as large as 1400 sq. ft. The applicant will be required to pay the applicable development fees that are assigned to all other proposals prior to issuance of a Certificate of Occupancy to address the incremental impact that the proposal presents to all public services including parks. Therefore, no significant environmental impacts will occur as a result of this proposal. Mitieation Measures/Monitoring: Not applicable 12. Recreation. a. Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 22 �� Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Significant Significant Impact w/Mitigation Measures b. Does the project include recreational facilities or require the construction or expansion on recreational facilities, which might have an adverse physical effect on the environment? Discussion: Less Than No Significant Impact Tmpact X The addition of 42 residential units will not significantly increase the use of existing neighborhood and regional parks or other recreational facilities in the area. The closest parks and open space areas to the project site are Sunset Park in front of the Line and Twine, approximately one third of a mile from the project site, Kenilworth Park next to the Public Library on Washington and the future McNear Pennisula Park at the western end of McNear Pennisula, both are approximately half mile from the project site. As stated in the Public Services section above, the proposed project does not include any dedicated public or private open space outside of the individual yards of the units. Also, the applicant will be required to pay the applicable park fees that are assigned to all proposals prior to issuance of a Certificate of Occupancy to address the incremental impact to park usage. Therefore, the recreation impacts that will occur as a result of this proposal are less than significant. Mitieation Measures/Monitorin2: Not applicable. 13. Utilities Infrastructure. Would the project: a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm X water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitlements needed? e. Result in a determination by the wastewater X treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f Be served by a landfill with sufficient permitted X capacity to accommodate the project's solid waste disposal needs? 23 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than Nc Significant Significant Significant I Impact %V/Mitigation Impact Measures g. Comply with federal, state, and local statutes and regulations related to solid waste? mpact X Discussion: The subject property is within a largely developed area and is anticipate by the Petaluma General Plan. For this reason, it is expected that no impacts to the utility infrastructure will occur as a result of this proposal. Development of the proposed project will not exceed wastewater treatment requirements established by the RWQCB. The site is already served by Pacific Gas & Electric and will have adequate water and sewer service. The City's treatment plant has adequate capacity to accommodate the additional flow anticipated from the proposed development. The proposed project is an infill site and would require extensions of existing service lines to provide water, sewer, natural gas, electric, and storm drain utilities to the new residences. This extension is consistent with the service needs expected by the General Plan. The proposed development will comply with all federal, state, and local requirements for solid waste reduction and recycling. A private company, under contract with the City of Petaluma, will provide solid waste disposal services to the proposed project site. Solid waste from the general area is transported to the Sonoma County Central Landfill or other appropriate facility, which has sufficient capacity. To minimize impacts on landfill capacity, the project will recycle construction and demolition debris to the maximum extent feasible. All new development approved within the City shall connect to the City's sewer and water system. The applicant or subsequent owner/builder shall be responsible for the payment of Sewer and Water Connection fees to offset impacts on City utilities. Water and sewer connections fees are calculated at time of building permit issuance, and are due and payable prior to final inspection, issuance of a certificate of occupancy, or connection to the City's utility system. Mitieation Measures/Monitorins: Not applicable. 14. Mineral Resources. Would the project: a. Result in the loss or availability of a known mineral X resource that would be of value to the region, the residents and/or the state? b. Result in the loss of availability of a locally - important mineral resource recovery size delineated on a local general plan, specific plan or other land use plan? R Discussion: There is no information about this site from the General Plan or additional studies, which indicates that the site has been known to be a mineral resource. The proposed project would not create a significant impact to known mineral resources. Mitieation Measures/Monitorine: Not applicable. 24 A Lindberg Circle File NO. 04 -GPA -0512 -CR 15. Cultural Resources. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? C. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those interred outside of formal cemeteries? Potentially Less than Less Than No Significant Significant Significant Impac Impact w/Mitigation Impact Measures F7 M 91 94 Discussion: The site is not known to contain any significant archaeological or historic materials or resources. The 1987 General Plan map of potential archeological resources indicates that there is a low probability of archeological resources on the project site. The Sonoma County Assessor records show that the site has been vacant since 1947. A standard condition of approval states that should any archeological/historical remains be encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted to evaluate the artifacts and to recommend further action. The project will not cause changes, which would affect ethnic or cultural values, affect religious uses, or result in adverse physical or aesthetic impacts to a historic archaeological resource. Mitieation Measures/Monitorine: Not applicable. 16. Aaricultural Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Convert Prime Farmland, Unique Farmland, or X Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use or X a Williamson Act contract? C. Involve other changes in the existing environment, X which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 25 0 Lindberg Circle File NO. 04 -GPA -0512 -CR Potentially Less than Less Than No Significant Significant Significant Impact Impact w/Mitigation Impact Measures Discussion: The project site is not adjacent to agricultural lands and would not conflict with existing Williamson Act contracts or other agriculturally related uses. Therefore, no impacts to agricultural resources will occur as a result of this proposal. MitiLration Measures/Monitoring: Not applicable. 17. Mandatory Findinas of Sianificance. Yes No a. Does the project have the potential to degrade the quality of the environment, X substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively X considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d. Does the project have environmental effects, which will cause substantial adverse X effects on human beings, either directly or indirectly? Discussion: The project would not have a significant effect on the environment, achieve short-term, to the disadvantage of long-term, environmental goals, have cumulative adverse impacts, or cause substantial adverse impacts on human beings. Mitieation Measures/Monitorine: N/A IMPLEMENTATION: The applicant shall be required to obtain all required permits from responsible agencies and provide proof of compliance to the City prior to issuance of grading or building permits. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvement plans and specifications for the project. 3. The applicant shall notify all employees, contractors, and agents involved in the project implementation of the mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. The applicant shall notify all assigns and transfers of the same. MONITORING: 26 �0 Lindberg Circle file NO. 04 -GPA -0512 -CR ris-TP1.1 Less than Less Than No Significant Significant Impact %V/Mitigation Impact Measures The Building, Planning, and Engineering Divisions, and the Fire Department shall review the improvement and construction plans for conformance with the approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading, or building permits. 2. Mitigation Measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 3. City inspectors shall insure that construction activities occur consistent with the approved plans and conditions of approval. CONSTRUCTION: The applicant shall designate a project manager with authority to implement all mitigation measures and conditions or approval and provide a statement of his/her name, address, and phone numbers to the City prior to issuance of any grading or building permits. The applicant's statement appointing a project manager shall be signed by the contractor responsible for construction. 2. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 3. City inspectors shall insure that construction activities occur consistent with the approved plans and conditions of approval. POST -CONSTRUCTION: 1. The City shall retain a qualified professional to monitor completion of restoration plans or mitigation plans and reports on the success criteria and management needs. the project applicant, have reviewed this Initial Study and hereby agree to incorporate the mitigation measures and monitoring programs identified herein into the project. Signature of, pplican Date S:\PC-Plarming Commission\lnitial Studies\890 Lakeville Lindberg Circle IS.doc fI 27 Project Name: File Number: Address/Location: a0� City ofPetahnna, California Community Development Department Planning Division jaea 11 English Street, Petaluma, CA 94952 Lindberg Circle 04 -GPA -0512 -CR 890 Lakeville Street ReportinglMonitoring Record - Mitigation Measures This document has been developed pursuant to the California Environmental Quality Act, Public Resource Code Section 21.081.6 to ensure proper and adequate monitoring or reporting in conjunction with project(s) approval which relies upon a Mitigated Negative Declaration or an Environmental Impact Report. DATEDEPT. DEPT. OR DUE F'IN ISIII STAFF DATE INITIALS Noise. Mitigation Measures 1. Construction hours are limited to Monday through Friday from 8:00 a.m. to 5:00 p.m and 9:00 a.m. to 5:00 p.m. on Saturday. Construction is prohibited on Sunday and all holidays recognized by the City of Petaluma. 2. There shall be no start up of internal combustion engines on construction related machinery or equipment prior to 8:00 a.m. Monday through Friday. 3. Delivery of materials or equipment is limited to Monday through Friday (non - holiday) between 7:30 a.m. and 6:00 p.m. 4. Machinery shall not be cleaned past 7:00 p.m. or serviced past 6:45 p.m. Monday through Friday. — 5. All construction equipment powered by internal combustion engine shall be properly mufflered and maintained. 6. Equipment shall be turned off when not in use. Unnecessary idling of internal combustion is prohibited. 7. All stationary noise generating construction equipment shall be located as far as practical from existing nearby residences and other noise sensitive land uses. All such equipment shall be acoustically shielded. 8. Quiet construction equipment, in particular air compressors, shall be used whenever possible. Department Requested By or Due Date Page 1 PD Planning Division FM Final Map FM Fire Marshal BP Building Permit ENG Engineering CO Certificate of Occupancy �� BD Building Division SPARC Site Plan and Architectural Review Committee LTM Long -Term Monitorin Lindberg Circle Reporting/Monitoring Record - Mitigation Measures for Approval Department PD Planning Division FM Fire Marshal ENG Engineering BD Building Division City of Petaluma, California The project applicant shall designate a "noise disturbance coordinator", such as the contractor or contractor's representative, who is responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g. starting too early, bad muffler, etc.) and take measures to correct the problem. The name and phone number of the disturbance coordinator shall be conspicuously posted at the construction site and the location shall be included on improvements plans and building permit plans submitted to the City for review. IMPLEMENTATION: 1. The applicant shall be required to obtain all required permits from responsible agencies and provide proof of compliance to the City prior to issuance of grading or building permits. 2. The applicant shall incorporate all applicable code provisions and required mitigation measures and conditions into the design and improvement plans and specifications for the project. 3. The applicant shall notify all employees, contractors, and agents involved in the project implementation of the mitigation measures and conditions applicable to the project and shall ensure compliance with such measures and conditions. The applicant shall notify all assigns and transfers of the same. MONITORING: 1. The Building, Planning, and Engineering Divisions, and the Fire Department shall review the improvement and construction plans for conformance with die approved project description and all applicable codes, conditions, mitigation measures, and permit requirements prior to approval of a site design review, improvement plans, grading, or building permits. 2. Mitigation Measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 3. City inspectors shall insure that construction activities occur consistent with the approved plans and conditions of approval. Requested By or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPARC Site Plan and Architectural Review Committee LTM Long -Term Monitoring Page 2 �3 Lindberg Circle Reporting/Monitoring Record - Mitigation Measures for Approval CONSTRUCTION: City ofPetahnna, California 1. The applicant shall designate a project manager with authority to implement all mitigation measures and conditions of approval and provide a statement of his/her name, address, and phone numbers to the City prior to issuance of any grading or building permits. The applicant's statement appointing a project manager shall be signed by the contractor responsible for construction. 2. Mitigation measures required during construction shall be listed as conditions on the building or grading permits and signed by the contractor responsible for construction. 3. City inspectors shall insure that construction activities occur consistent with the approved plans and conditions of approval. POST -CONSTRUCTION: 1. The City shall retain a qualified professional to monitor completion of restoration plans or mitigation plans and reports on the success criteria and management needs. S:\monitoring\Lindberg Circle.doc Department Reauested By or Due Date PD Planning Division FM Final Map FM Fire Marshal BP Building Permit ENG Engineering CO Certificate of Occupancy BD Building Division SPARC Site Plan and Architectural Review Committee LTM Long -Term Monitoring Page 3 14- WINTER JOLSTICZ LINDBERG CIRCLE SHADOW STUDY 2 Er t STUDYRM"' 19 ATTACHMENT 10 DRAFT LINDBERG CIRCLE A MIXED-USE DEVELOPMENT Guidelines for a Planned Unit District Petalu na, California June 14, 2005 Presented by: The LINDBERG CIRCLE, LLC 719 South Point Boulevard Suite C Petaluma, CA (707)769-0181 (707) 769-0285 fax Prepared by: Hedgpeth Architects 2321 Bethards Dr Santa Rosa, CA (707)523-7010 (707) 542-2328 fax TABLE OF CONTENTS 1. Introduction Page Page 1.1 Lindberg Circle Mixed -Use Development ........................................... 3 1.2 Subject Property...........................................................................3 1.3 Surrounding Area..........................................................................3 1.4 Development Plan.........................................................................4 1.5 Ingress and Egress........................................................................4 1.6 Phasing......................................................................................4 1.7 Architecture................................................................................5 2. Building Characteristics 2.1 Plan 1......................................................................................... 5 2.2 Plan 2......................................................................................... 6 2.3 Plan 3......................................................................................... 6 2.4 Commercial Building....................................................................... 6 3. Development Standards 3.1 Parking....................................................................................... 3.2 Lot Size....................................................................................... 3.3 Maximum Building Heights.............................................................. 3.4 Setbacks...................................................................................... 3.5 Minor Building Additions................................................................. 3.6 Landscaping................................................................................ 3.7 Exterior Color Schemes.................................................................. 3.8 Fencing....................................................................................... 3.9 Permitted Uses........................................................................... 3.10 Permitted Accessory Uses............................................................ 3.11 Prohibited Uses......................................................................... 4. Development Timetable............................................................................ 10 5. Plant Palette........................................................................................... 10 2 DC) 1. Introduction 1.1 Lindberg Circle. A Mixed -Use Development Lindberg Circle, A Mixed -Use Development, is a Planned Unit District consisting of a two-story retail and office building and 42 single family homes located just across the street from the Central Specific Plan Area of Petaluma, along Lakeville Street at the intersection of Lindberg Lane. All of the homes within the Lundberg Circle mixed-use development shall be built, sold, and conveyed subject to the PUD guidelines listed below. The purpose of these PUD guidelines is to provide the necessary criteria to preserve the design and integrity that is consistent with the standards outlined in the City's General Plan. 1.2 Subiect Propertv The development plan for Lindberg Circle incorporates three individual parcels. These three properties are all currently zoned for highway commercial use (Cl) with the land use designation of Thoroughfare Commercial and are currently owned by the Lindberg Circle, LLC. The three parcels together total 4.5 acres. Overall, the properties are relatively flat and represent optimum infill locations in Petaluma. Some of the neighboring single family home properties do, in certain areas, drain onto the proposed project and the project generally drains from North to South, toward the Lakeville Street frontage, although a portion of the drainage does flow toward Lindberg Lane. This drainage will be adjusted in the development of this project. The neighboring properties draining onto the subject property will be remedied by a new installation of drainage pipe leading the storm water from those properties to the Lakeville Street storm drain in a private drainage easement for lots 4 -16. All of the properties being proposed for development are vacant. 1.3 Surrounding Area The existing land use for the surrounding area is predominantly mixed-use, although an urban diversified subdivision (5-10 units per acre) exists just west of the subject properties and industrial uses, riverfront dependant industrial uses, institutional uses, and other thoroughfare commercial uses also exist in the immediate area. These uses include a shopping center, auto body, auto salvage, wreckers, & transmission repair shops, a gymnastic training facility, specialty beverage distribution, landscape contractor, and boots & clothing shops on the immediate borders of the subject properties. 3 'g( 1.4 Development Plan The development plan for Lindberg Circle locates the commercial building along Lakeville Street honoring the existing thoroughfare commercial land use. The 42 single family homes wrap the interior of the properties along a new city street, "Lindberg Circle." This mix of uses is consistent with the general direction of desired land uses identified in the Petaluma General Plan for this area, while not specifically staying within the limits of the thoroughfare connnercial land use identified for these three properties. The plan is designed with three vehicular access points and six pedestrian access points from the bordering city streets, Lakeville Street and Lindberg Lane. 1.5 Ineress and Eeress The primary vehicular access for the commercial building will be located on Lakeville Street. The commercial parking lot will have controlled access for fire and life safety vehicles and pedestrians to the new city street, located directly behind the commercial building. A secondary access onto Lindberg Lane completes the loop between the two existing bordering streets for the commercial parking lot. The residential portion of the project is accessed from a fully functional intersection located more than 350' north of the Lindberg Lane -Lakeville Street intersection. A cul-de-sac meeting city standards serves these single family homes. A pedestrian and emergency vehicle access is provided between this cul-de- sac and the commercial parking lot. 1.6 Phasine Lindberg Circle will not be phased. The commercial building & all single family homes will be under construction at the same time and the single family homes will be offered for sale as they are completed, although Lindberg Circle, LLC reserves the right to hold any of the individual homes it wishes from an open market sale and may sell homes prior to obtaining final occupancy certificates. 1.7 Architecture The Commercial building is placed so as to be a prominent element along Lakeville Street as well as a sound barrier to the single family homes. The architecture evokes a clean and simple modern sensibility while harkening back to the craftsman influence predominant throughout Petaluma. Quality materials and pleasing colors will be used. The single family homes have been designed to appeal to a wide variety of home buyers; however, the target market will be small families. Due to the small lot configuration, these homes will generate interest from residents who seek a lower maintenance home. With 42 homes on 4.5 acres, the overall density at 9.3 homes per acre conforms to the neighboring residential land use; Urban -Diversified. The three floor plans are plotted in groups of four and five homes with one group of two homes. Each home features an ample and useable front porch as well as a back deck or patio. A single garage door minimizes the impact of the automobile on the street elevations while providing for the required covered parking for each home. The jogging of plate heights and the returns in plan between each unit assures an individual character as well as serving to minimize joint maintenance issues. This individual character in the single family homes is heightened by the diversity of the color scheme. 4 V 2. Building Characteristics 2.1 House 1 The largest of the three home models is House 1, a 1,900 square foot home, with three bedrooms, an office or optional fourth bedroom, and two and a half bathrooms. The home is 24 feet wide on lots which average 2400 square feet in size. As with the remaining two plans, this two-story home provides the living area downstairs with the sleeping area upstairs. A family room is located at the front of the home, with a great room and kitchen toward the back of the home. The laundry room is in the one car garage. This home also features a front porch and a back patio off the great room. Seventeen of these units are planned for the development. 5 2.2 House 2 This 1,750 square foot residence provides an expanded front porch as the unit is three feet wider than the House 1. This plan also offers three bedrooms, an office or optional fourth bedroom, and two and a half bathrooms. A formal living room is located at the front of the home, while the kitchen and dining room are in the rear. The laundry room in this home is off the kitchen capturing the under stair space for utility. A smaller back patio maintains a pure rectangular back yard on most lots which average 2,450 square feet in size. This home features a tandem garage and appears on the site plan in nineteen locations, the most recurring plan. 2.3 House 3 Designed especially for the more prominent end lots, this home steps down from the two-story masses of the other homes and offers an "L" shape allowing a better fit into pie shaped lots, averaging 3,000 square feet in size, as well as providing relief and diversity in the projects massing. The 1,450 square feet offered in this home is efficiently used to provide three bedrooms and two and a half bathrooms. A vaulted living room juts out in the leg of the "L" providing ample opportunities for natural lighting. A short hall connecting the living room and dining room offers the opportunity to place a laundry at this level. The front of this home is also adorned by a useable porch. Behind the one car garage, a well appointed kitchen overlooks a generous back deck accessed from the dining room. 2.4 Commercial Buildine The commercial building offers 8,757 square feet of speculative retail space at the ground level and 8,218 square feet of office space at the upper level. Covered bicycle parking, break rooms, showers, balconies, and trellised patios accent this engine for commerce. Exterior accessed restrooms serve the ground floor. An elevator, as well as two stairs, provides access to the upper floor of offices which are highlighted by exposed structural trusses and rafters. The mass of the building steps forward and back along Lakeville Street providing a pleasing experience of color and material which both invites shoppers and serves to protect the homes behind the edifice. I9 M 3. Development Standards 3.1 Parkine Each residence will have at least one covered parking space (garage) along with a minimum of one uncovered onsite parking space (on the driveways) as well as one additional parking space (either in a tandem garage or on the street). Parking in the residential portion of the project is only permitted in individual garages, on driveways and designated parking spaces on the new public street shown on the PUD Plan. Parking is prohibited in the "raised island" of Lindberg Circle. 3.2 Lot Sizes The lots within Lindberg Circle are a minimum of 2,000 square feet. As proposed, they currently range in size from 2,008 to 5,897 square feet. The average lot size is 2,550 square feet. The minimum depth of each lot is 83'-8" while the widths vary. The minimum width for the House 1 is 24', while House 2 is 27' wide, and the minimum frontage width for House 3 is 50'. All Front yards have a minimum driveway of 20', although on Lindberg Circle the landscape area is significantly less than 20' due to each homes front porch. The backyards for each home maintain a 400 Square foot minimum size varying in depth from 16'-8" to as much as 28', although again with pie shaped lots there are areas where the home may be as close as 5' to a property line, however the 400 square foot total size of the back yard is maintained throughout the project. 3.3 Maximum Buildine Heiehts The commercial building height will not exceed forty feet, while the residential building heights will be held to a maximum of thirty feet. The building height shall be measure by the vertical distance from the average ground level of the finish grade to the highest point of the roof. This measurement will not include chimneys or other appurtenances as they are defined by the City of Petaluma Zoning Ordinance. 7 3.4 Setbacks Commercial building setbacks will adhere to the following minimums. Front (property line adjacent to Lindberg Lane): Rear yard: Side yard: 10 feet 10 feet, except when abutting residential then minimum of 20 feet 10 feet, except when abutting residential then minimum of 20 feet Residential building setbacks will adhere to the following minimums. Except for minor building additions described below. Front of building: 15 feet Front of garage: 20 feet Rear yard: as shown on PUD Plan Side yard: as shown on PUD Plan Side yard facing streets, parking lot or parcel A: 5 feet 3.5 Minor Building Additions to Residential Buildines Only The distribution of one story and two story units shall be maintained. No building additions that result in new floor area shall be allowed except for minor building extensions such as chimneys, patios or decks no more than 18 inches in height, and bay windows. These minor additions may only encroach into the rear yard setbacks but not the front or sides. Exceptions to this regulation will require a PUD amendment per the requirements of the City of Petaluma Zoning Ordinance and approval by the City Council. 3.6 Landscauine The landscaping for the Lindberg Circle neighborhood shall be in substantial conformance with the plant palette listed below. For each individual residence, the front yard along with any planting strip between the sidewalks and curbs will be installed by the developer immediately after the construction of the homes. The individual homeowners shall be responsible for the installation of the rear yard landscaping. Each homeowner is responsible for the maintenance of their landscaped area including the planting strip. The remaining landscaping located along Lindberg Lane shall be maintained by the owner of the commercial property. The landscaping design for the Lindberg Circle Neighborhood shall set a precedent for the higher quality that is desired in future development in this area. 3.7 Exterior Color Schemes The exterior colors shall be in substantial compliance with the colors shown in the color elevations approved by SPARC. The Planning Staff shall approve the color scheme for the community and the same color scheme may not be used on houses that are side by side or directly across the street from one another. 3.8 Fencine C7 Residential: Private fences shall be installed by the developer along the rear and side property lines as well as the 3.5 foot privacy fence in the front yard, Additional front yard fences no greater than 3.5 feet shall be permit per the Petaluma Zoning Ordinance. Subsequent changes to the private fencing must be consistent with the approved fencing detail in the PUD Development Plan, the Petaluma Zoning Ordinance, and the setback requirements stated within these guidelines. Commercial/Office Use No additional fencing shall be allowed on the commercial/office parcel except where it is shown on the approved PUD Plan. 3.9 Permitted Uses on the Residential Lots 2-43 i. Single family homes ii. Model homes along with temporary sales office iii. Temporary construction trailer iv. Temporary construction storage facilities v. Licensed small family day care facility per the City of Petaluma Zoning Ordinance vi. Home Occupation Permits per the City of Petaluma Zoning Ordinance 3.10 Pennitted Accessory Uses on the Residential Lots 2-43 i. Private garages. ii. Private swimming pools or spas exclusively for the use of residents and guests per the City of Petaluma Zoning Ordinance. iii. Covered and uncovered patios, decks providing they reflect the design theme and use materials and finishes compatible with the existing residence. The decks and patio can not exceed 18 inches in height and the patio and deck covers must conform to the City of Petaluma Zoning Ordinance (Revised November 1999) regarding accessory structures Section 21-200. v. Satellite dishes less than 24 inches in diameter for receiving only for private use. vi. The posting of temporary political and for sale, lease or rent signs. vii. Other accessory buildings/structures customarily appurtenant to permitted uses, in accordance with the provisions of the Petaluma Zoning Ordinance (Revised November 1999) regarding accessory structures Sect. 21-200.. 3.11 Prohibited Uses on the Residential Lots 2-43 ( APN's ???) i. Parking of mobile homes, farm equipment, large trucks, buses, boats or recreational vehicles. ii. Storage of rubbish, debris, dangerous or flammable materials. iii. Garage Conversions iv. Accessory Dwellings/Granny Units v. Any principle or accessory uses which are not listed in these guidelines prohibited. 9 q 3.12 Permitted Uses Commercial/Office Lot 1 Business and professional offices, administrative, executive and editorial offices, financial offices, including banks and real estate, and other general business offices. Restaurants cafe, or soda fountain, refreshment stands. (Ord. 1974 N.C.S., 3/95), , not including entertainment or dancing or sale of alcoholic beverages for consumption on the premises. Any local retail business or service establislunent, such as a grocery (excluding convenience markets), fruit or vegetable store, bakery, drug store, barber or beauty shop, station, and the like, supplying commodities or performing services primarily for residents of the neighborhood. Medical, optical and dental offices and clinics. Artist supplies, art galleries, gift shops, antique shops. Business and technical schools, and schools for photography, art, music and dance. 3.13 Permitted Accessory Uses Commercial/Office Lot 1 Accessory uses and buildings customarily appurtenant to a permitted use, in accordance with provisions of Section 21-201, except when abutting a residential zoning district, then the provisions for primary uses and structures in this district shall also apply to accessory uses and buildings. (Ord. 1962 N.C.S., 10/94; Rev. Ord. 2039 N.C.S., 11/96) Signs, in accordance with the provisions of Section 21-204. Up to three (3) amusement games, subject to the provisions of Section 21-407 Mini telecommunications facilities, in accordance with all applicable provisions of Chapter 14.44 of the Petaluma Municipal Code, which have received site plan and architectural review and approval by the Planning Director (except within a recognized Historic District or on a recognized Historic Landmark where mini telecommunications facilities shall require a minor conditional use permit and Historic Site Plan and Architectural Review). (Ord. 2039 N.C.S., 11/96) 3.14 Conditional Permited Uses Commercial/Office Lot 1 Live entertainment incidental to a principally permitted or conditional use. (Ord. 1962 N.C.S., 10/94) Minor telecommunications facilities, in accordance with all applicable provisions of Chapter 14.44 of the Petaluma Municipal Code and approved by the Planning Director in accordance with Article 26 of this Ordinance, subject to administrative site plan and architectural review (except within a recognized Historic District or on a recognized Historic Landmark where minor telecommunication facilities shall require a major conditional use permit and Historic Site Plan and Architectural Review). (Ord. 2039 N.C.S., 11/96) 10 Accessory uses and buildings customarily appurtenant to a permitted use, in accordance with provisions of Section 21-201, except when abutting a residential zoning district, then the provisions for primary uses and structures in this district shall also apply to accessory uses and buildings. (Ord. 1962 N.C.S., 10/94; Rev. Ord. 2039 N.C.S., 11/96) 4. Development Timetable The development schedule for this project is critical to its success. The timeline for this project has construction beginning on July 1" 2005 through October 31" 2006 with an elapsed time of sixteen months. It is imperative that we adhere to our proposed timeline to ensure the success of this project. The phasing plan for the project is to build all 42 residential units in a single phase while simultaneously constructing the commercial building. 5. Plant Palette DEVELOPMENT LANDSCAPING BOTANICAL NAME COMMON NAME TREES Calocedrus decurrens Incense Cedar Carpinus betulus European Hornbeam Casuarina stricta Mountain She Oak Crataegus laevigata'Paul's Scarlet' English Hawthorn Eriobotr a deflexa Bronze Loquat Ginkgo biloba'Autumn Gold' Maidenhair Tree Laurus noblis Grecian Laurel Lyonothamnus floribundus 'asplenifolius' Catalina Ironwood Magnolia grandiflora'St. Mary' Magnolia Magnolia soulangiana'BURGUNDY' Saucer Magnolia Malus'Red Silver' Flowering Crabapple Melaleuca linariifolia Flaxleaf Paperbark Prunus caroliana Carolina Laurel Cheery Prunus serrulata'Kanzan' Japanese Flowering Cherry Quercus coccinea Scarlet Oak Rhus lancea African Sumac I1 1C _. Arbutus unedo 'Elfin King' Dwarf Strawberry Tree Arctostaphylos densiflora'Howard McMinn' Manzanita Aucuba japonica Japanese Aucuba Buxus microphylla japonica'Green Beauty' Japanese Boxwood Callistemon viminalis 'Captain Cook' Weeping Bottlebrush Camellia sasanqua'Yuletide' Camellia Carpenteria californica 'Elizabeth' Bush Anemone Choisya ternata Mexican Orange 11 �q Cistus X purpureus Cotoneasterlacteus Escallonia'Terri' Fatsia japonica Grevillea'Noell' Hebe'Coed' Hebe'Patty's Purple' 12 Orchid Spot Rock Rose Parney Cotoneaster Escallonia Japanese Aralia Grevillea Hebe Hebe q0 DEVELOPMENT LANDSCAPING (continued) BOTANICAL NAME COMMON NAME Ilex comuta 'Burfordii Nana' Dwarf Burford Holly Ilex vomitori a 'Nana' Dwarf Chinese Holly Leptospern-mm scoparium 'Snow' New Zealand Tea Tree Ligustrum ovalifolium California Privet Mahonia'Golden Abundance' Oregon Grape Myrtus communis 'Compacta' Compact Myrtle Nandina domestica'Harbour Dwarf Heavenly Bamboo Pieris japonica'Temple Bells' Lily of the Valley Pittosporum tenuifolium Pittosporum Pittosporum tobira'Variegata' Variegated tobira Podocarpus gracilior Fern Pine Prunus laurocerasus 'Zabelliana' Zabel Laurel Rhaphiolepis indica'7ack Evans' Indian Hawthorn Rhaphiolepis indica'Springtime' Indian Hawthorn Spiraea j aponica 'Anthony Waterer' Spiraea Viburnum davidii Viburnum Viburnum tinus'Spring Bouquet' Laumstinus Xylosma congestum Xylosma Achillea X 'Moonshine' Yarrow Bergenia cordifolia'Red Beauty' Heartleaf Bergena Bleclmum spicant Deer Tongue Fern Dietes bicolor Fortnight Lilly Erigeron karvinskianus Mexican Daisy Gaura lindheimeri NCN Heuchera micrantha'Palace Purple' Coral Bells Hosta undulata'Great Expectations' Plantain Lily Knophofia'Little Maid' Red Hot Poker Plant Limonium perezii'Atlantis' Sea Lavender Liriope muscari 'Big Blue' Lily Turf Penstemon X'Firebird' Beard Tongue Phormium tenax 'Maori Queen' New Zealand Flax VINES Ficus pumila Creeping Fig Parthenocissus quinquefolia Virginia Creeper GROLINDCOVERS Ajuga reptans Carpet Bugle Cotoneaster Dammeri 'Lowfast' Cotoneaster 13 �1 Duchesnea indica Festuca rubra Lantana 'Spreading Sunset' Myoporum parvifolitmi'Putah Creek #2' Rosmarinus officinalis'Prostrata' Vinca minor SAPlan Dept\Misc\Lindberg Circle PUD Guidelines 2.doc Mock Strawberry Red Fescue Lantana NCN Rosemary Dwarf Periwinkle 14 ��