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HomeMy WebLinkAboutPlanning Commission Resolution 2017-15 07/25/2017RESOLUTION 2017 -15 CITY OF PETALUMA PLANNING COMMISSION APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR THE NOBMANN RESIDENCE AT 289 SUNNYSLOPE ROAD APN: APN 019 - 150 -008, -019 and 019 - 140 -035, -038 File No. PLSR -16 -0033 WHEREAS, Seth Nobmann submitted an application for Site Plan and Architectural Review approval for a project consisting of the merger of four existing parcels into one parcel and the subsequent construction of one new single - family residence, a detached pool house, swimming pool and tennis court at 289 Sunnyslope Road (APN 019 - 150 -008, 019 -150 -019, 019 -140 -035, 019- 035 -038) in the Sunnyslope Planned Unit Development ( Sunnyslope PUD); and WHEREAS, pursuant to Implementing Zoning §16.060(B), development proposed under this application requires Site Plan and Architectural Review due to its location within the General Plan's West Hills Planning Subarea; and WHEREAS, Seth Nobmann also submitted a request for a Conditional Use Permit to construct a fence around the proposed tennis court up to nine feet in height and which is subject to action under separate resolution pursuant to IZO § 13.040(D); and WHEREAS, on July 25, 2017, the Planning Commission considered a staff report analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, on July 25, 2017, the Planning Commission held a duly noticed public hearing to consider the application for Site Plan and Architectural Review and a Conditional Use Permit; and WHEREAS, public notice was published in the Argus Courier and mailed to residents and occupants within 500 feet of the project site, all in compliance with state and local law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on the staff report, staff presentation, comments received and the public hearing, the Planning Commission makes the following findings based on substantial evidence in the record: California Environmental Quality Act For the reasons stated in the July 25, 2017 Planning Commission staff report, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines §15303 (New Construction or Conversation of Small Structures) and is also not subject to any of the exceptions to the use of a categorical exemption provided at CEQA Guidelines § 15300.2. General Plan 2. The Project is consistent with site's General Plan land use designation of Low Density Residential (2.6 -8.0 housing units /net acre) since it consists of a single - family residential use. 3. The Project is, for the reasons discussed in the July 25, 2017 Planning Commission staff report, consistent with the Petaluma General Plan. Planning Commission Resolution No. 2017 -15 Page 1 Sunnyslope PUD 4. Pursuant to City Council Resolution No. 91 -152 N.C.S., the Sunnyslope PUD is subject to the R -1 20,000 residential zoning district for primary development standards (e.g., lot size). As demonstrated by the Planning Commission staff report dated July 25, 2017, the Project conforms to all applicable Sunnyslope PUD standards. Hillside Protection: Single Lot Development 5. All required findings for approval of development of a single hillside lot found at Implementing Zoning Ordinance § 16.060(K) can be made as follows: a. For the reasons outlined in the July 25, 2017 Planning Commission staff report, the project meets or exceeds the objectives, standards, and guidelines of the Hillside Ordinance. b. A comparison of the project's siting of structures would be inappropriate in this instance since the project site consists of steep topography dissimilar to other properties in the immediate neighborhood. The project includes a residence broken up into separate, simple forms. A detached structure also uses similar form and massing. The project also steps the building foundation (through grading for a subterranean level) and blends with the natural slope. The project also varies roof pitches and planes to reduce bulk and mass. Overhangs are included to produce shadow. Two -story wall plans are avoided altogether or limited to wall plan articulation. Varying building wall materials are included to reduce expansive, continuous planes. The project includes the use of earth tone and natural materials and avoids reflective surfaces. The project also complies with the maximum building height of Implementing Zoning Ordinance §16.060(D)(1). For all these reasons, the design, scale, massing, height and siting of development is compatible and complementary with the character and scale of the surrounding, developed neighborhood. c. Habitat types at the project site consist of annual grassland, oak woodland and an isolated seasonal wetland. Concerning the isolated wetland, the project provides a setback of at least twenty -five (25) feet and maintains hydrological conditions sustaining it. The project appropriately balances competing policy objectives relating to retain the other habitat types by locating the proposed residence in the flattest portion of the site as well as through a new private driveway that is accessible by fire apparatus. Moreover, the project includes new on -site tree planting which satisfy the mitigation requirements of IZO § 17.065 and which also assist with the screening of views from abutting existing residences. Lastly, a tree protection plan has been prepared in conformance with IZO § 17.070 and which ensures construction activities do not harm trees to be preserved. For these reasons, the design and site layout of the hillside project is respective of and protects the natural environment to the maximum extent feasible. d. The project sites a residence in a location that maximizes screening. The proposed siting also prevents the visual protrusion of steep slopes for roads or lots. The project appropriately balances competing policy objectives for hillside development by locating the proposed residence in the flattest portion of the site as well as through a new private driveway that is accessible by fire apparatus. Moreover, the project includes new on -site tree planting which satisfy the mitigation requirements of IZO § 17.065 and which also assist with the screening of views from abutting existing residences. Lastly, a tree protection plan has been prepared in conformance with IZO § 17.070 and which ensures construction activities do not harm trees to be preserved. For these reasons, site grading has been designed to be as minimal as possible to achieve sensitive hillside design, minimize tree removal and provide safe site access and required parking. Planning Commission Resolution No. 2017 -15 Page 2 Site Plan and Architectural Review 6. All the required findings for Site Plan and Architectural Review found at Implementing Zoning Ordinance §24.010 (G) (1) can be made, as follows: a. The proposed project includes building elevations of simple massing in an agrarian vernacular style. Roofs are of varying pitches with gable ends and modest overhangs. Substantial fenestration is provided along each elevation of proposed structures. All windows are metal and in a black color. Roof material is all standing seam metal in a grey color. Ornamentation is sparse and limited to the occasional arbor between buildings or above entrances. Building wall materials consist of a blend of white wood lap siding with limestone accents. However, the pool house includes repurposed barn lumber in a red color. The exposed ground floor of the residence is surfaced in splitface basalt rocks. Taken as a whole, these design features present the use of quality materials in a way that is in harmony and proportion with the overall design. b. The project site is located within the West Hills neighborhood which is noted by the General Plan for its rural character, including adjacency to agricultural land uses. The project includes an agrarian vernacular style that is appropriate for its location as well as at a property with sloping topography. c. A comparison of the project's siting of structures would be inappropriate in this instance since the project site consists of steep topography dissimilar to other properties in the immediate neighborhood. The project sites a residence in a location that maximizes screening. The proposed siting also prevents the visual protrusion of steep slopes for roads or lots. The project appropriately balances competing policy objectives for hillside development by locating the proposed residence in the flattest portion of the site as well as through a new private driveway that is accessible by fire apparatus. Moreover, the project includes new on -site tree planting which satisfy the mitigation requirements of IZO § 17.065 and which also assist with the screening of views from abutting existing residences. d. As the project excludes signage, this finding is not applicable. e. The project includes a residence broken up into separate, simple forms. A detached structure also uses similar form and massing. The project also steps the building foundation (through grading for a subterranean level) and blends with the natural slope. The project also varies roof pitches and planes to reduce bulk and mass. Overhangs are included to produce shadow. Two -story wall plans are avoided altogether or limited to wall plan articulation. Varying building wall materials are included to reduce expansive, continuous planes. The project includes the use of earth tone and natural materials and avoids reflective surfaces. For all these reasons, the project's bulk, height, and color is compatible with the immediate neighborhood. The proposed landscape plans include a wide variety of native, drought - tolerant plant species. Eight separate ground cover mixes are tailored for the site, depending upon location (e.g., walking areas, open meadow, understory), and consisting primarily of grass and flowering plant species. Six different shrub species are proposed and intermixed with existing and new tree plantings. The landscape plan also shows 94 new tree plantings, consisting of Coast Live Oak, Valley Oak, Manzanita, Pink Dawn Chitalpa and Ironwood, proposed throughout the site. The proposed landscape plan also includes a diverse palette of hardscape materials for all driving and walking surfaces around the residence. Proposed materials include splitface basalt, splitface limestone, flamed limestone, bushhammer limestone, black lichen moss -split face, reclaimed Belgian cobble, integrated color concrete, and gravel and chipseal Planning Commission Resolution No. 2017 -15 Page 3 topping. The use of asphalt pavement is limited to the sloped portion of the private driveway. In addition to tree preservation, the project is also subject to requirements directing the location of development away from steep slopes, protection of views through vegetated screening, and roadways with reduced visibility (and which are accessible by fire apparatus). The project appropriately balances these competing demands by locating the proposed residence in the flattest portion of the site as well as through a new private driveway that is accessible by fire apparatus. Moreover, the project includes new on -site tree planting which satisfy the mitigation requirements of IZO § 17.065 and which also assist with the screening of views from abutting existing residences. Lastly, a tree protection plan has been prepared in conformance with IZO § 17.070 and which ensures construction activities do not harm trees to be preserved. For all these reasons, the project includes landscaping to approved city standards and preserves existing trees wherever possible. g. The primary circulation consideration for the project concerns accessibility for fire apparatus. As proposed, the project improves accessibility by fire apparatus to the site through an access roadway of adequate width and grade complying with slope standards. Adequate circulation exists for the single - family use through a private driveway connecting to Sunnyslope Road. Off - street parking included within the project exceeds minimum standards. For these reasons, the project provides a safe circulation environment which conforms to city standards. C. Based on its review of the entire record herein, including the July 25, 2017 Planning Commission staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the Planning Commission hereby approves Site Plan and Architectural Review for the Project, subject to the conditions of approval attached hereto as Exhibit 1. Planning Commission Resolution No. 2017 -15 Page 4 ADOPTED this 25th day of July, 2017, by the following vote: Commission Member Aye No Absent Abstain Councilmember Albertson X Chair Benedetti- Petnic X Alonso X Bauer X Gomez X Marzo X Vice Chair Wolpert X Gina Benedetti - Petnic, Chair ATTEST: APPROVED AS TO FORM: He her Hines, Commiss' n Secretary Lisa Tennenba , Assistant City Attorney Planning Commission Resolution No. 2017 -15 Page 5 SPAR CONDITIONS OF APPROVAL Exhibit 1 Nobmann Residence 289 Sunnyslope Road (APN 019-150-008,-019 and 019-140-035,-038) File PLSR -16 -0033 Planning Division Standard Conditions of Approval 1. The plans submitted for building permit review shall be in substantial conformance with plans on file with the Plaiming Division and date stamped July 17, 2017, except as may be modified by the following conditions. 2. The colors and materials, including the lighting fixtures, shall be in substantial conformance with those noted on the plan set and the color board in the project file and date stamped July 17, 2017. 3. Prior to the issuance of any construction permits, these conditions of approval shall be included with the plan set. A copy of the approved plans shall be maintained on -site when construction activities are occurring. 4. The site shall be kept cleared at all times of garbage and debris. No outdoor storage shall be permitted other than typical bulls materials, i.e., lumber, appliances, window systems, etc., temporarily stored through the normal course of construction. 5. The applicant shall be subject to all applicable development impact fees. Said fees are due prior to the issuance of a certificate of occupancy, other pertinent fees that may be applicable to the proposed project may be required. 6. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials. 7. Construction activities shall comply with the following measures and all shall be noted on construction documents: a. Construction Hours /Scheduling: Pursuant to the Sumlyslope Assessment District and Annexation EIR, noise - generating activities at the construction site shall be between 8:00 a.m. and 5:00 p.m. Construction is prohibited on Saturdays, Sundays and all holidays recognized by the City of Petaluma. b. Construction Equipment Mufflers and Maintenance: All construction equipment powered by internal combustion engines shall be properly muffled and maintained. c. Idling Prohibitions: All equipment and vehicles shall be turned off when not in use. Umlecessa;y idling of internal combustion engines is prohibited. Planning Commission Resolution No. 2017 -15 Page 6 d. Equipment Location and Shielding: All stationary noise - generating construction equipment, such as air compressors, shall be located as far as practical from the adjacent homes. Acoustically shield such equipment when it must be located near adjacent residences. e. Quiet Equipment Selection: Select quiet construction equipment, particularly air compressors, whenever possible. Motorized equipment shall be outfitted with proper mufflers in good working order. f Staging and Equipment Storage: The equipment storage location shall be sited as far as possible from nearby sensitive receptors. g. Generators: No generators shall be utilized during nighttime hours (I.e., sunrise to sunset) to power equipment (e.g., security surveillance) when normal construction activities have ceased for the day. All such equipment should be powered through temporary electrical service lines. 8. Construction Plan: The permittee shall prepare a construction plan identifying the schedule for major noise - generating construction activities. The construction plan shall identify a procedure for coordination with the owner /occupants of nearby noise - sensitive land uses so that constitution activities can be scheduled to minimize noise disturbance. 9. Noise Disturbance Coordinator: The permittee shall designate a "noise disturbance coordinator" who will be responsible for responding to any local complaints about construction noise. This individual would most likely be the contractor or a contractor's representative. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and would require that reasonable measures warranted to correct the problem be implemented. The telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. 10. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, when such claim or action is brought within the time period provided for in applicable State and /or local statutes. The City shall promptly notify the applicants /developers of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding and if the City chooses to do so appellant shall reimburse City for attorneys' fees by the City. 11. The contractor(s) shall implement basic and additional air quality construction measures set forth by Bay Area Air Quality Management District (BAAQMD), including the following: a. Water all active construction areas (staging, parking, soil piles, graded areas, unpaved driveways, etc.) at least twice daily. b. Cover all haul trucks transporting soil, sand, or other loose materials offsite. c. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas. Sweep streets daily (with water sweepers) if visible soil material is deposited onto adjacent roads. Planning Commission Resolution No. 2017 -15 Page 7 d. Limit traffic speeds on any unpaved roads to 15 mph. e. Suspend construction activities that cause visible dust plumes that extend beyond the construction site. f. A certified mechanic shall verify that equipment used for construction purposes is properly tuned and maintained in accordance with manufacturer specifications. g. Idling times shall be limited to 5 minutes or less pursuant to the "no idling" rule for in -use off -road diesel - fueled vehicles. During construction, signage shall be posted at the construction site indicating the idle time limitation. h. All diesel - powered off -road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 2 engineer or the equivalent. i. Diesel - powered generators or air compressors shall not be used on -site for more than two days continuously, unless under emergency conditions. j. Post a publicly visible sign with the telephone number of designated person and person to contact at the City of Petaluma regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 12. If, during the course of ground disturbing activities, including, but not limited to excavation, grading and construction, a potentially significant prehistoric or historic archeological resource is encountered, all work within a 100 foot radius of the find shall be suspended for a time deemed sufficient for a qualified and city- approved cultural resource specialist to adequately evaluate and determine significance of the discovered resource and provide treatment recommendations. Should a significant archeological resource be identified, a qualified archaeologist shall prepare a resource mitigation plan and monitoring program to be carried out during all construction activities. 13. hl the event that paleontological resources, including individual fossils or assemblages of fossils, are encountered during construction activities, all ground disturbing activities shall halt and a qualified paleontologist shall be procured to evaluate the discovery and make treatment recommendations. 14. In the event that human remains are uncovered during earthmoving activities, all construction excavation activities shall be suspended and the following measures shall be undertaken: a. The Sonoma County Coroner shall be contacted to determine that no investigation of the cause of death is required. b. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. c. The project sponsor shall retain a City- approved qualified archaeologist to provide adequate inspection, recommendations and retrieval, if appropriate. d. The Native American Heritage Commission shall identify the person or persons it believes to Planning Commission Resolution No. 2017 -15 Page 8 be the most likely descended from the deceased Native American, and shall contact such descendant in accordance with state law. e. The project sponsor shall be responsible for ensuring that human remains and associated grave goods are reburied with appropriate dignity at a place and process suitable to the most likely descendent. Special Conditions of Approval 15. Prior to building permit issuance, replacement trees conforming to the requirements of Implementing Zoning Ordinance § 17.065 shall be provided and shown on the Final Landscaping Plans. This approval authorizes the field grown trees installed during the processing of this application to count towards the replacement requirement. 16. In order to ensure that trees to remain onsite are protected during construction activities all design measures outlined in the Tree Preservation and Mitigation Report prepared by Horticultural Associates (dated December 23, 2015) and Tree Protection Specification by Horticultural Associates (dated January 30, 2017) shall be depicted on construction drawing and implemented throughout all stages of construction. Tree protection measures shall include, but are not limited to the installation of protective fencing around all trees on -site and that the site margins, use of decomposed granite beneath protected trees, and minimization of soil compaction during grading. When trenching occurs within a trees dripline, the project arborist shall be present to supervise the work and provide direction on the least intrusive techniques to be used. All efforts shall be made to promote regeneration and preservation following trenching activities. 17. Pruning of preserved trees shall follow the International Society of Arborists Pruning Standards (ANSI A300 (Part I), 2017 Edition). 18. Prior to building permit issuance, the protected tree security deposit required by Implementing Zoning Ordinance Sec. 17.060(F) shall be posted. 19. All recommendations of the Soil Investigation prepared by Reese & Associates Consulting Geotechnical Engineers and dated April 12, 2016 shall be incorporated into construction documents and practices. This condition acknowledges that a subsequent design -level soils report will be prepared to determine compliance under the Building Code and /or Municipal Code Chapter 17.31 (Grading and Erosion) and that said report may modify preliminary recommendations, as approved by the Chief Building Official and City Engineer. 20. To prevent impacts to nesting birds covered by State and federal law (California Department of Fish and Game Code and the Migratory Bird Treaty Act), the applicant shall avoid the removal of trees, shrubs, or weedy vegetation between September 1st and January 31St, during the bird nesting period. However, if vegetation removal or construction occurs during that time period, preconstruction surveys including call sounds shall be conducted within 14 days prior to such activities to determine absence or the presence and location of nesting bird species. If active nests are present, establishment of temporary protective breeding season buffers shall be established by a qualified biologist in order to avoid direct or indirect mortality or disruption of these nesting birds, nests or young. The appropriate buffer distance is dependent on the species, surrounding vegetation and topography and will be determined by a qualified biologist to prevent nest abandonment and direct mortality during construction. Buffers may be larger for special Planning Commission Resolution No, 2017 -15 Page 9 status species. Work may proceed if no active nests are found during survey(s) or when the young have fledged a nest or the nest is determined to be no longer active. 21. To prevent impacts to nesting bats April 1 to August 31, a preconstruction survey(s) shall be performed by a qualified biologist to assess the suitability of all impacted substrates and the immediate areas of bat roosts 30 days prior to building demolition. If suitable bat roost sites are identified, these potential roost sites should be surveys by way of evening emergence survey(s) and /or internal inspections to determine presence /absence of bat maternity roosts. All active roosts identified during the survey should be protected until bats leave the building. Survey results are valid for 30 days from the survey date. Surveys should be repeated if commencement of structure demolition begins after 30 days or more from the survey date. 22. All conditions of Historic and Cultural Preservation Committee Resolution No. 2014 -05 are hereby incorporated and made conditions of this approval. 23. This approval expressly excludes the use of pile - driven piers in all construction activities (e.g., foundation). 24. This approval expressly excludes approval of the `Guest House' noted on submitted plans as an accessory dwelling unit. If construction of the `Guest House' is desired at a later date, it may be considered under Implementing Zoning Ordinance §7.040 (Dwelling Group) through a separate Site Plan and Architectural Review application. 25. All building- mounted lighting shall be shielded, downward - facing, and conform to the requirements of Implementing Zoning Ordinance §21.040(D) (Glare). 26. Prior to and throughout construction, silt fencing and orange blaze construction fencing shall be installed and maintained at least twenty -five (25) feet from the isolated wetland identified in the May 9, 2017 report prepared by Monk & Associates. The purpose of the fencing is to prevent inadvertent disturbance during project related activities. Following completion of construction activities, the exclusionary fencing shall be removed. 27. Prior to building permit issuance, the permittee shall provide a photometric light plan confirming compliance with Implementing Zoning Ordinance §21.040(D)(Glare). If the light specifications accompanying this approval do not result in photometric light plan demonstrating conformance with Implementing Zoning Ordinance §21.040(D)(Glare), the permittee shall submit and obtain Planning Manager approval of revised lighting specifications. 28. Prior to building permit issuance, the permittee shall receive approval of a lot merger for all four parcels subject to this application and provide evidence of recordation to the Planning Manager and City Engineer. Fire Department 29. Driveway: the initial width of the driveway is about 18 to 19 feet wide and then widens to 20 feet for the rest of the driveway with a turnaround hammerhead turnaround at the top. This is acceptable to the Petaluma Fire Department for access. 30. Grade: Plans show an approximate 15 -16% grade and is also acceptable. 31. Hydrant: Third party calculations to confirm adequate pressure for a private on -site hydrant at Planning Commission Resolution No. 2017 -15 Page 10 the turnaround. 32. Fire Sprinklers: The residential structures shall be protected with residential fire sprinkler systems designed and installed per NPFA 13D. 33. High Fire Severity Zone: This project lies in the HFSZ /WUI area and all structures must be constructed in accordance with CBC 7A standards. 34. Weed Abatement: Yearly weed abatement measures will be required. Building Division 35. Prior to building permit issuance, demonstrate to the Chief Building Official or his delegate how the project conforms to the Cal Green Tier 1 requirements with Modified Tier 1 for construction and demolition. Police Department 36. Plans submitted for construction purposes shall indicate fencing for the pool conforming to Municipal Code §17.24.010. Public Works & Utilities Department: Engineering Division 37. Sidewalk and a City standard driveway approach shall be installed along the Surmyslope property frontage. 38. Submit a completed and signed Construction Erosion and Sediment Control Applicant Package (attached). 39. Submit a construction plan and calculations that demonstrate the proposed storm water plan is in compliance with E12 City storm water requirements and the BASMAA post construction storm water manual (attached). 40. A public water main with fire hydrant at the end of the line shall be extended partially up the driveway. The exact location shall be approved by the City Engineer and Fire Marshal. Fire and domestic flow and pressure calculations shall be provided with the building permit application. A 10 -foot wide public water main easement is required to be dedicated to the City of Petaluma. 41. An air gap water pressure booster pump system will be required for finished floor areas over 160 feet. 42. A construction level storm water report is required with the building permit application. All storm water design and construction shall be in compliance with Sonoma County Water Agency and City of Petaluma requirements. There shall be no increase in peak or concentrated storm water runoff to downstream adjacent properties for the 10 and 100 year events. 43. A construction level geoteclulical report is required with the building permit application. The report shall address proposed construction grading and drainage, benching, sub drainage and slide repair. 44. Dedicate the necessary public utility easements along the Surmyslope property frontage and Planning Commission Resolution No. 2017 -15 Page 11 throughout the project site. 45. Any work within the public right of way requires an encroachment permit application from the Public Works and Utilities Department, and shall be per City of Petaluma standards. Public Works & Utilities Department: Environmental Services Division 46. Landscape and irrigation plans shall comply with Municipal Code Chapter 15.17 (Water Conservation Regulations). Planning Commission Resolution No. 2017 -15 Page 12