HomeMy WebLinkAboutResolution 2019-132 N.C.S. 08/05/2019Resolution No. 2019-132 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL
DENYING THE APPEAL FILED BY ROXANNE MARINAK AND ANNE WINDSOR
AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF SITE PLAN
AND ARCHITECTURAL REVIEW FOR THE DE CRISTO MULTI -FAMILY
PROJECT LOCATED AT 109 ELLIS STREET
APN: 007-361-003
FILE NO. PLAP-19-0005
WHEREAS, Jerry A. Kler submitted, on behalf of property owner , an application for
Site Plan and Architectural Review for the construction of a new multi -family residential project
containing three, three-story buildings comprised of 13 residential units, 22 off-street vehicular
parking spaces, and site improvements including landscaping within the Residential 4 (R4) zone
with Flood Plain -Combining (FP -C) Overlay, located on a 0.705 -acre site at 109 Ellis Street
(APN 007-361-003) (the "Project"); and
WHEREAS, the application also included provision of one unit at the very low income
household threshold and a request for a Residential Density Bonus to allow an increase in
density to 18.43 units per acre and an associated concession to decrease onsite parking for the
Project; and
WHEREAS, at a duly noticed public hearing on April 9, 2019, the Planning Commission
adopted Resolution Nos. 2019-05 and 2019-06 recommending the City Council approve the
Mitigated Negative Declaration and Density Bonus Housing Agreement for the Project; and
WHEREAS, at a duly noticed public hearing on May 6, 2019, the City Council
considered all written and oral public testimony, the Planning Commission recommendations,
and the administrative record for the Project and approved Resolution No. 2019-058 N.C.S
adopting a Mitigated Negative Declaration (MND) for the Project; and
WHEREAS, also at the duly noticed public hearing on May 6, 2019, the City Council
approved Resolution No. 2019-057 N.C.S., approving a Residential Density Bonus Agreement
for the Project; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
Site Plan and Architectural Review for the Project on June 25, 2019, at which time all interested
parties had the opportunity to be heard and the Planning Commission approved Resolution No.
2019-11 for the Project and including conditions of approval; and
WHEREAS, on July 3, 2019, Roxanna Marinak and Anne Windsor filed an appeal to the
City Council of the Planning Commission's approval of Resolution No. 2019-11 approving Site
Plan and Architectural Review for the DeCristo Multi -Family project; and
WHEREAS, public notice of the appeal hearing before the City Council was published
in the Petaluma Argus -Courier and mailed to residents and occupants within 1,000 feet of the
Project site in compliance with state and local law; and
Resolution No. 2019-132 N.C.S. Page I
WHEREAS, a staff report dated August 5, 2019, and incorporated herein by reference
analyzed the appeal; and
WHEREAS, the City Council considered the appeal at a noticed public hearing on
August 5, 2019, at which time all interested parties had the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that on August 5, 2019 the City Council
fully considered all evidence presented before it and at the duly noticed public hearing regarding
this matter, and on the basis of the staff report, testimony, and other evidence, and the record of
proceedings herein, denies the appeal of Roxana Marinak and Anne Windsor filed with the City
Clerk on July 3, 2019 and upholds the Planning Commission's approval of Resolution 2019-11
approving Site Plan and Architectural Review for the De Cristo Multi -Family project located at
109 Ellis Street and incorporates the Conditions of Approval as outlined in Exhibit 1 to Planning
Commission Resolution 2019-11.
BE IT FURTHER RESOLVED that the City Council adopts the following findings for
the denial of the appeal, as supported by the record of proceedings and pursuant to the associated
Conditions of Approval:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the City Council makes the following
findings:
California Environmental Quality Act
a. This Site Plan and Architectural Review application is consistent with the project
analyzed in the MND adopted by City Council on May 6, 2019 via Resolution No. 2019-
058 N.C.S. Mitigation Measures approved with the MND reduce potentially significant
environmental effects below the threshold of significance, and those mitigation measures
continue to apply to this application as conditions of approval, as provided below. No
additional environmental review is required since: (a) there have been no substantial
changes to the project; (b) there have been no substantial changes to the circumstances
under which the project is being undertaken; and (c) there is no new information, which
was not known and could have been known at the time the MND was adopted, that has
become available.
General Plan
b. The Project is consistent with the General Plan 2025 Medium Density Residential land
use designation in that the Medium Density Residential provides for a variety of dwelling
types, including single-family and multi -family housing at a density of 8.1 to 18.0
units/acre.
c. The Project is, for the reasons discussed in the June 25, 2019 Planning Commission staff
report, consistent with the following General Plan policies: Policy 1-P-2 (Efficient Land
Use), Policy 1-P-6 (Encourage Mixed -Use Development), Goal 2-G-3 (Payran-McKinley
Neighborhood Character), Policy 4 -P -l.0 (Creek Setbacks), Policy 5-P-15 (Bikeway
Implementation), Policy 5-P-26 (Creek Trail Access), and Housing Element Policies 1.1
(Encourage Residential Development), 1.2 (Optimize Development Potential), and 4.2
(Affordable Housing Production).
Resolution No. 2019-132 N.C.S. Page 2
Implementing Zoning_ Ordinance
d. The Project is consistent with all development standards of the Residential 4 (R4) zoning
district, including but not limited to, those pertaining to uses, setbacks, building height,
floor area ratio, and parking.
e. The project is consistent with Implementing Zoning Ordinance §24.010 — Site Plan and
Architectural Review, in that all required findings found in §24.010(G) can be made as
follows:
i. The exterior building materials are proposed to be contemporary in nature and
minimal in number in a reflection of the project's overall modern design. Smooth -
troweled stucco, metal bands, metal mesh, and board -formed concrete are proposed.
These materials are high-quality materials and provide harmony and proportion of the
overall design as the materials will be utilized in the same fashion across all three
proposed buildings.
ii. The project site is located on a block within central Petaluma that features disparate
residential architectural styles. The project's overall character expresses a modern,
contemporary aesthetic, which is appropriate given the eclectic building style and
character of the buildings in the project vicinity.
iii. No one building placement style is reflected in the immediate neighborhood. Adjacent
and nearby multi -family residential developments tend to be located deep into their
respective properties with front and side setbacks. The project has been sited to reflect
the siting of other residential structures in the neighborhood through setbacks and
building placement on the site. The proposed buildings maintain side setbacks and a
front setback that both approximate the setbacks of other structures in the area.
Accordingly, the siting of the structure on the property has been designed to respond to
the siting of other structures in the neighborhood and with the project environs.
iv. No new signage is proposed as part of the application. Therefore, this finding is not
applicable.
v. A number of the other multi -family residential structures in the area contain greater
horizontal building dimensions as compared to the subject project, including the
elementary school located immediately across the street from the project site. Side
setbacks of 31 feet and 17 feet, 10 inches have been respectively provided to move the
bulk of the buildings to center of the site so as to provide relief to neighboring
properties. The heights of the proposed buildings are one story taller than the adjacent
residential structures to the north and south; however, the proposed buildings are not
substantially taller than the immediately adjacent development. Additionally, an
existing three-story, multi -family residential development can be found approximately
160 feet south of the project site. The colors of other structures in the neighbor are
eclectic and no one color or color pattern is prevalent. Overall, the project will utilize
more muted tones to blend -in. For all these reasons, the project's bulk, height, and
color is compatible with the immediate neighborhood.
vi. The preliminary planting plan includes a variety of differing tree species, shrubs,
perennials, groundcover, and vines. Trees and other landscaping will be planted along
the perimeter of the subject property, in courtyard areas between the buildings, and in
common open space areas. All proposed planting species require very low to moderate
water use. A green wall with planting trays is proposed on the street -facing fagade of
Resolution No. 2019-132 N.C.S. Page 3
the west -most building. For all these reasons, the project includes landscaping to
approved city standards and preserves existing trees wherever possible. All six
existing trees are proposed for removal as retention of the trees is not possible with the
proposed development. One of the trees is already dead and none of the trees are
considered protected trees.
vii. The project's ingress, egress, internal circulation for bicycles and automobiles, off-
street automobile and bicycle parking facilities, and pedestrian ways promote safety
and convenience and conform to City standards. On-site pedestrian and bicycle
circulation areas will be physically separated from the vehicular circulation areas so as
to minimize any potential conflicts between pedestrians/bicyclists and vehicles. The
proposed vehicular parking spaces will meet the minimum requirements of the IZO,
while the bicycle parking spaces will exceed the standards of the IZO. Furthermore,
the Fire Department has indicated that it will have adequate emergency access to the
site. For these reasons, the project provides a safe circulation environment which
conforms to city standards.
3. Based on its review of the entire record herein, including the August 5, 2019 City Council
staff report, all supporting, referenced, and incorporated documents, and all comments
received, the City Council hereby denies the appeal and upholds the Planning Commission's
approval of Site Plan and Architectural Review for the Project, subject to the conditions of
approval attached hereto as Exhibit 1.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the � Appoyed as to
Council of the City of Petaluma at a Regular meeting on the 51h day of August 2019, Qrm:
by the following vote:F
City Attorney
AYES: Mayor Barrett; Fischer; Kearney; King; Miller
NOES:
Healy
ABSENT:
Vice Mayor McDonnell
ABSTAIN:
None
ATTEST:i1
Deputy City Clerk
Mayor
Resolution No. 2019-132 N.C.S. Page 4
SPAR CONDITIONS OF APPROVAL
DeCristo Multi -Family Project
Located at 109 Ellis Street
APN: 007-361-003
File No. PLSR-18-0030
Planning Division
Exhibit 1
Plans submitted to the City of Petaluma for purposes of construction shall be in substantial
conformance with plans on file with the Planning Division and date stamped December 3,
2018, and as revised on April 29, 2019 except as modified by these conditions of approval.
2. At Building Permit issuance, the applicant shall provide the City with an electronic copy of
final/approved plans in PDF format on either a CD or USB drive.
3. All mitigation measures contained in the associated Mitigated Negative
Declaration/Mitigation Monitoring and Reporting Program shall be incorporated by reference
herein.
4. The project must satisfy all provisions of the associated Residential Density Housing
Agreement recorded under instrument number 2019038426.
5. This approval is granted for and contingent upon construction of the project as a whole, in a
single phase, with the construction and/or installation of all features approved and required
herein. Modifications to the project, including but not limited to a change in construction
phasing, shall require Site Plan and Architectural Review in accordance with IZO §24.010.
6. No vehicles associated with the development of the property may traverse or park on Martin
Circle, a private drive. Furthermore, no staging of construction activities may occur on
Martin Circle.
A minimum of two garages shall contain electric vehicle charging stations while the
remainder of the garage spaces shall include, at a minimum adequate electrical wiring (240
volt or as otherwise adequate to accommodate a Type 2 electrical vehicle charger) for electric
vehicle charging purposes. Staff shall review the project's plans at the time of building
permit for conformity to this condition.
8. The fire detector check valve shall be screened from public view within the ground -floor
trash room of Building A. Additionally, the project's transformer shall be located at the rear
of the property near the north east corner and shall be screened by landscaping to the extent
feasible. Staff shall review the project's plans at the time of building permit for conformity to
this condition.
9. A Construction Phase Recycling Plan that addresses recycling of major waste generated by
demolition and construction activities must be submitted and reviewed to the satisfaction of
the Planning Manager prior to the commencement of demolition and construction activities.
10. Prior to issuance of the Certificate of Occupancy, all applicable development impact fees
shall be paid.
Resolution No. 2019-132 N.C.S. Page 5
11. At all times the site shall be kept cleared of garbage and debris. No outdoor storage shall be
permitted.
12. 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.
13. Both construction and post -construction business operations shall comply with all
performance standards of Implementing Zoning Ordinance Chapter 21.
14. All lighting shall be glare -free, hooded, and downcast in order to prevent glare into
bicyclists' and pedestrians' eyes and/or light pollution onto adjacent properties and must be
consistent with all performance standards of Implementing Zoning Ordinance Chapter,
15. Bicycle racks shall comply with size dimensions and location/installation requirements
outlined in the Bicycle and Pedestrian Master Plan. Applicant shall ensure adequate access to
each bicycle rack from all sides and avoid placing racks too close to any wall or structure.
16. All plantings shall be maintained in good growing condition. Such maintenance shall include,
where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and
regular watering. Whenever necessary, planting shall be replaced with other plant materials
to insure continued compliance with applicable landscaping requirements. Required
irrigation systems shall be fully maintained in sound operating condition with heads
periodically cleaned and replaced when missing to insure continued regular watering of
landscape areas, and health and vitality of landscape materials.
17. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within the
project without first providing appropriate signs warning of the use of chemicals. The project
shall utilize Best Management Practices (BMPs) regarding pesticide/herbicide use and fully
commit to Integrated Pest Management techniques for the protection of bicyclists and
pedestrians.
18. All tree stakes and ties shall be removed within one year following installation or as soon as
trees are able to stand erect without support.
19. All standpipes, check valves, and other utilities shall be placed underground or fully screened
from view by decorative screening structures or landscaping to be reviewed and approved by
the Planning Manager.
20. No signage is approved by this permit. Separate sign permits in compliance with Chapter 20
of the Implementing Zoning Ordinance shall be obtained prior to the installation of signage.
21. Prior to commencing construction activities, a sign shall be posted on the site regarding the
allowable hours of construction and contact information for complaints. Proof of sign
installation shall be provided to the Planning Manager prior to construction commencing.
22. 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
Resolution No. 2019-132 N.C.S. Page 6
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.
23. Plans submitted for building permit shall illustrate roof mounted solar covering the maximum
roof area available after roof mounted equipment and screening.
24. Plans submitted for building permit shall include a revised site plan that includes a caution
sign or stop sign for vehicles exiting the site onto Ellis Street.
25. Plans submitted for building permit shall illustrate all electric buildings with the exception of
water heating. The applicant is strongly encouraged to construct an all -electric project to the
maximum extent feasible.
26. Lease language for individual units shall include restrictions on storage in the garages to
ensure the ability to accommodate vehicle parking.
Public Works & Utilities Department
27. Prior to issuance of a Grading Permit the City shall receive documentation from the Sonoma
County Water Agency of their review, approval, and issuance of a SCWA Encroachment
Permit/Revocable License.
28. All work shall conform to the latest City standards.
29. All existing water and septic shall be identified on construction drawings and abandoned per
City and County PRMD standards, prior to issuance of grading permit.
30. Joint trench plans are required with the building permit/public improvement plan submittal.
31. All public improvement work shall be completed prior to issuance of a final
inspection/certificate of occupancy.
32. The on-site sewer, water and storm drain water detention and treatment system shall be
privately owned and maintained.
33. Prior to issuance of a building permit, an operations and maintenance manual is required for
the proposed storm water detention and treatment system and shall be submitted with the
building permit application for review and approval by the City Engineer. The manual shall
include annual inspection. Plans prepared by a Civil Engineer registered in the State of
California, to ensure the detention and treatment systems are operating as designed and
constructed as well as provisions to make any necessary repairs to the system. A signed and
sealed copy of the report shall be provided annually to the Office of the City Engineer.
34. Prior to issuance of a building permit, the developer shall comply with the City's Phase II
storm water management plan and State of California NPDES requirements. Provide E10 &
E12 submittal for City review and approval.
35. Prior to the issuance of a building permit or other permit, the applicant shall provide a current
Title Report,
36. Drainage improvements installed shall prohibit cross lot drainage.
Resolution No. 2019-132 N.C.S. Page 7
37. An encroachment permit is required for all frontage work and all on-site work within public
easements.
38. All the public improvements shall be designed in accordance with the City of Petaluma
Public Works and Utilities Department Standards & Specifications, latest edition of the
Manual of Uniform Traffic Control Devices (MUTCD) and Caltrans standards.
39. All frontage improvements shall be installed per the approved entitlement drawings.
40. Signage shall be provided for Class 3 bike facility on Ellis Street per City of Petaluma
Bicycle and Pedestrian Plan, and MUTCD.
Fire Department
41. Where the vertical distance between the grade plane and the highest roof surface exceeds
30 feet approved aerial fire apparatus access road shall be provided. For purpose of this
section, the highest roof surface shall be determined by measurement to the eave of a pitched
roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is
greater. CFC Appendix D105.1
42. Approved fire apparatus access road shall be provided for every facility, building or portion
of a building hereafter construction or move into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this section and shall extend to within 150
feet of all portions of the facility and all portions' of the exterior walls of the first story of the
building as measured by an approved route around the exterior of the building or facility.
CFC 503.1.1
43. The number of fire hydrants available to a building shall be no less than the minimum
specification in Table C 105.1. Foot notes (f) and (g) are added to read as follows: For
commercial, industrial and multifamily residential dwellings, average spacing shall be no
greater than three hundred feet (300'). (g) A fire hydrant shall be located within fifty feet
(50') of FDC, or as approved by the Fire Code Official.
44. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided
throughout all buildings with a group R fire area. CFC 903.2.8. Installation the fire sprinkler
system requires approved plans and permit from the Fire Prevention Bureau prior to work
commencing. The owner/contractor shall submit a permit application with three (3) sets of
plans, cut sheets, and calculations. This system must comply with NFPA 13.
45. A manual fire alarm system that activates the occupant notification system in accordance
with Section 907.5 shall be installed in Group R-2 occupancies where any of the following
conditions apply: 1. Any dwelling unit or sleeping unit is located three or more stories above
the lowest level of exit discharge. CFC 907.2.9.1109.
a. Installation of the fire alarm system must be conducted with approved plans and permit
obtained from the Fire Prevention Bureau prior to work commencing. The fire alarm
submittal shall include a permit application with three (3) sets of plans, cut sheets, and
calculations for review. This system must comply with NFPA 72.
46. Water supplies for automatic sprinkler systems shall comply with this section and the
standards referenced in Section 903.3.1. The potable water supply shall be protected against
Resolution No. 2019-132 N.C.S. Page 8
backflow in accordance with Health and Safety Code 13114.7. For connections to public
waterworks systems, the water supply test used for design of fire protection systems shall be
adjusted to account for seasonal and daily pressure fluctuations based on information from
the water supply authority and as approve by the fire code official. CFC 903.3.5.
a. Installation the fire service underground requires separate approved plans and permit
from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall
submit a permit application with three (3) sets of plans, cut sheets, and calculations. This
system must comply with NFPA 13 & 24.
47. Class I standpipes shall be installed in buildings three stories or over in height. Standpipes
will be provided with approved outlets provided on each floor level, including the roof when
roof access in provided. PMC 905.3.1.
a. Installation of the standpipe system requires a separately approved plan and permit from
the Fire Prevention Bureau prior to work commencing. Standpipe system submittal shall
include a permit application with three (3) sets of plans, cut sheets, and calculations for
review. These systems shall comply with NFPA 14.
48. A declaration form shall be filed with the Fire Marshal's office and a hazardous materials
storage permit shall be obtained if construction activities involve the on-site storage of
potentially hazardous materials.
49. Where required by the fire code official, approved signs or other approved notices or
markings that include the words NO PARKING -FIRE LANE shall be provided for fire
apparatus access roads to identify such roads or prohibit the obstruction thereof. The means
by which fire lanes are designate shall be maintained in a clean and legible condition at all
times and be replaced or repaired when necessary to provide adequate visibility. CFC 503.3
50. All required fire lanes will require either "No Parking Fire Lane" signs with locations to be
determined as this project progresses.
51. When access to or within a structure or area is determined by the Fire Code Official to be
unduly difficulty because of secured openings (doors or gates) or due to the presence of
hazardous materials or fire protection systems, a key box shall be required to be installed at
an accessible location. The key box shall be an approved type and contain those keys
necessary to gain access. PMC 17.20 506.1
52. Knox key box and/or knox gate controls locations to be determined by the fire code official.
Police Department
53. Exterior walls and fences along the first level shall be painted with an anti -graffiti top coating
or a nanocoating.
54. Security cameras shall be installed on the exterior of the structures to cover all entrances to
the property. Cameras shall record in high definition with a minimum 15 -day storage.
55. Property management shall work with the local waste hauler to develop a diversion and
waste removal plan for the development. On days when the waste is not to be collected, all
waste containers shall be stored in the areas designated on the approved plans.
Resolution No. 2019-132 N.C.S. Page 9