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HomeMy WebLinkAboutMinutes 04/11/1995PLANNING COMMISSION MINUTES REGULAR MEETING April 11, 1995 CITY COUNCIL CHAMBERS 7 :00 P.M. CITY HALL PETALUMA, CA PLEDGE OF ALLEGIANCE. ROLL CALL: Present: Feibusch, Rahman, Thompson *, Torliatt, vonRaesfeld (arrived at 7:10), Wick; Absent: Stompe STAFF: Pamela Tuft, Planning Director Hans Grunt, Assistant Planner Chairman APPROVAL OF MINUTES: Minutes of March 14 and March 28, 1995 were approved as printed. PUBLIC COMMENT: None. DIRECTOR'S REPORT: Updated Commission on the status of proposed City Council goals for 1995 -96 (will inform Commission of specifics when they are adopted). COMMISSIONER'S REPORT: None. CORRESPONDENCE: Letter from Richard Goldstein regarding Adobe Creek item. APPEAL STATEMENT: Was read. LEGAL RECOURSE STATEMENT: Was noted on the agenda. OLD BUSINESS /PUBLIC HEARING I. ADOBE CREEK UNIT 2, PHASE 2; PUD DEVELOPMENT PLAN AMENDMENT; CHRISTOPHERSON HOMES, INC.; LOCATED OFF FALCON RIDGE DRIVE, SOUTHEAST OF CASA GRANDE ROAD; FILE NO. 0067 (hg). Consideration and recommendation to the City Council on the adequacy of a Mitigated Negative Declaration and a PUD Development Plan Amendment to authorize a change in the design of the 167 homes to be developed in Unit II, Phase 2. Minor amendment to the development Agreement is also proposed. (Continued from March 14, 1995.) Assistant Planner Hans Grunt presented the staff report. , s• • The public hearing was continued (from March 14): SPEAKERS: Richard Goldstein - 1883 Adobe Creek Drive; developer has worked closely with homeowners, very cooperative; would like to see Christopherson continue as builder, doing a good' job, very cooperative. Planning Director Pamela Tuft does not see any delays with any of this legislation. Clyde Nels - Adobe Creek homeowner - more than pleased with response received from builder and Tim Heck; issues spoke on last time have been taken care of. Jesse Rhodes - Adobe Creek homeowner - only one issue that still has .questions about public safety - a few'weeks ago there was a hostage situation, streets are private but' would like to see 'Police presence to deter crimes, understands budgetary problems in Petaluma,. but something should be worked out for reasons of safety; not feeling safe at his ,house anymore;- crime a very definite public issue; developer is paying one- third of cost of private security' service, but it is not enough; will be looking into Neighborhood Watch Program; concerns about speeding. Richard. Goldstein - arranged for Police representative to attend Homeowner's Association meeting, understands Police is understaffed; would like additional patrolling, Planning Director Tuft - Will forward comments to Police Chief DeWitt regarding additional patrols; budgeting considerations were not a factor in designating these streets private, solely at discretion of developer. David Ilet Adobe Creek homeowner - Internal Affairs Officer for City of San Francisco; observations regarding security at Adobe Creek Subdivision; homeowners are becoming aware of : safety issues, what kind of priority upgrade will be given to this neighborhood? Paul Young - 18 Birnam Wood - Erosion controls proposed seem to be adequate, thanked staff and developer. Allan Tilton - City Traffic Engineer - Traffic safety on private , streets = homeowners can petition City Council to enforce speed limits on private streets. Tim Heck - J.G. Orbis Operations Manager - Traffic Mitigation Fee has been collected through close of escrow in the project. Planning Director Tuft - That can be worked out through Development Agreement, The public hearing was closed. A motion was made by Commissioner ,Rahman and seconded by Commissioner Wick to recommend to the City Council adoption. of a Mitigated Negative. Declaration and approval of. an Amendment to the Development Agreement and the Unit Development Plan for Unit II, Phase 2 for Adobe Creek, to permit a change in the unit architecture and lotting as shown on the site plan dated November 14, 1994, on file with the Planning Department, based on the findings and subject to the following amended mitigation measures and conditions: COMMISSIONER STOMPE: Absent COMMISSIONER FEIBUSCH: Yes COMMISSIONER RAHMAN: Yes CHAIRPERSON THOMPSON: Yes COMMISSIONER WICK: Yes COMMISSIONER TORLIATT: Yes COMMISSIONER vonRAESFELD: Yes 4 Findings for a Mitigated Negative Declaration 1. A Final. EIR was prepared and certified by the City Council pursuant to Resolution 85 -7 N.C.S. To date, mitigation measures identified in the Final EIR have been addressed through conditions of approval for the project. The Final EIR adequately addresses environmental effects of the project. This amendment to the Development Plan for Unit II, Phase 2, introduces new information regarding the project's environmental impacts. Therefore, pursuant to Section 15162 of the CEQA Guidelines staff finds that the Final EIR is adequate, but that an Initial Study is appropriate to identify and establish adequate mitigation measures to address the new impacts. 2. An Initial Study has been prepared and proper notice provided in accordance with CEQA and local guidelines. 3. Based upon the Initial Study and comments received, potential impacts could be avoided or reduced to a level of insignificance by requiring the following mitigation measures as conditions of approval. There is no substantial evidence that the project, as mitigated, will have a significant effect on the environment. 4. A monitoring program has been included with the mitigations, where applicable, to ensure compliance with the adopted mitigation measures. 5. The project does have potential to affect wildlife resources as defined in the Fish and Game code, either individually or cumulatively and is not exempt from Fish and Game filing fees because the necessary restoration work to be completed within Adobe Creek will have the potential to cause temporary adverse effects on lands which support fish and wildlife resources. Mitigation Measures Earth 1. a. The proposed Bank Stabilization and Restoration Plan shall include additional measures i.e. rip -rap and /or other material(s) to insure stabilization of the creek banks in the vicinity of Lots 7 through 12 of Adobe Creek, Unit 1 and Ely Road, subject to staff review and approval. b. All grading and erosion control shall be subject to review and approval by the City of Petaluma's Site Plan and Architectural Review Committee prior to issuance of a grading permit. C. All grading and erosion control shall conform to the City of Petaluma Erosion Control Ordinance 17.31. d. For work conducted within the Adobe Creek corridor, proof of authorization from all responsible trustee agencies, if any, must be submitted to the City prior to issuance of a grading and or building permit. e. All bank stabilization and restoration work within Adobe Creek shall be completed, subject to staff review and approval prior to the issuance of a building permit(s) for the last 131 homes within this project, unless additional time is authorized by the Planning Director due to unforeseen time delays. 3 / r Monitoring All grading and erosion control work approved by the City ;must comply with the City's Erosion Control Ordinance 17.31. ' Verification for the implementation of erosion control measures required'by the City shall be performed by the project contractor to the satisfaction of the City's Public Works and Building Inspectors. Air 2. A. Watering of the site to reduce airborne dust levels shall be. implemented. Additionally, haul trucks, if any, .needed to transport soil off site shall be covered with tarps while travelling on public or private roads. Monitoring The applicant shall be responsible for insuring that proper measures to reduce dust emissions are implemented. as needed during construction. Water 3. a. This development shall be subject to the City's storm drainage impact fees to cover the incremental impact /increase it will have on the City's storm drainage system. A proportionate. share shall be collected by the City prior to issuance of a Certificate of Occupancy. b. An approved stream alteration permit shall be required from the California Department of Fish and Game prior to commencement of work within' the Adobe Creek corridor. Monitoring A storm drainage impact fee shall be calculated by the City prior to recordation of the Lot Line Adjustments proposed to accommodate the amended PUD Development Plan. Verification for compliance with the California Department of Fish and Game's stream alteration requirements and the Regional Water Quality Control Board's NPDES shall be provided, prior to issuance of a City permit for work within the Adobe Creek corridor. Creek restoration shall be performed by the project contractor to the satisfaction of the City's Public Works and Planning Inspectors. All grading and erosion control work approved by the City must comply with the City's Erosion Control Ordinance 17.31. Verification for the implementation of erosion control measures required by the City shall be performed by the project contractor to the satisfaction of the City's Public: Works Inspector. Plant and Animal Life 4. a. The design, method of construction and timing of Adobe Creek bank stabilization and .revegetation work shall be subject to review and approval by the City's Site Plan and Architectural Review Committee, prior to issuance of a certificate of occupancy for homes in Phase 2. All of the required and approved creek bank restoration, stabilization, and revegetation improvements shall 'be completed, subject to City staffs, and any responsible agency's, review and approval prior to the issuance of a building permit(s) for the last 131 homes within this project, unless additional time is authorized by the Planning !Director due to unforeseen time delays. At a minimum, the :creek restoration plan shall include: grading and bank stabilization measures, a planting, plan, method of irrigation, and survival rate. The design, .method of construction and timing of Adobe Creek bank stabilization and revegetation work shall also be subject to review and approval by the California Department of Fish and Game, the Corps of Engineers and the California Regional Water Quality Control Board, if 4 LU required, prior to the issuance of a building and /or grading permit. To insure the long term success of the erosion control improvements and plantings within the Adobe Creek Corridor, a Monitoring Program for five (5) years shall be implemented at the applicant's expense and administered by the City of Petaluma. The Monitoring Program shall include, but not be limited to the following: (1) Monitoring of mortality rates and replacement of plant materials and improvements as necessary by the monitoring firm or individual ( "monitor ") by repeated field surveys. A survey schedule shall be established by the monitor through the contract for services. (2) Monitoring of creek corridor to insure corridor is free of damage, debris or silt which might affect projected flood flows shall be undertaken on a regular basis. Survey schedule shall be associated with rain storm frequency and intensity, subject to approval of City staff but shall generally include inspection after each rain storm during the first year, with inspection during intense rain storms as needed, to allow inspection and repair, if necessary of any scouring, erosion or other damage or failure; weekly during an active rain season and thereafter as deemed appropriate by City staff. (3) Planting species richness and cover shall be assessed quarterly during the first year and annually thereafter with whole samples of each distinct plant association. Data will be analyzed using an established program facilitating association identification and analysis. (4) An annual progress report to be developed by the monitor shall include all monitoring data and shall discuss the status of the restoration efforts during the previous year. At the end of the fifth year, the monitoring report will summarize the previous reports and evaluate the success of the project against established (to be set) performance standards. Where the restoration program fails to meet all of the performance standards, it will be the monitor's responsibility to correct the unsuccessful portions of the project. Any unsuccessful portions of the project will then be monitored for a further period of three years and evaluated using the same performance standards. (5) A maintenance manual for long-term maintenance shall be prepared by the monitor for use by the owners) /operators of the Adobe Creek Golf and Country Club in perpetuity. All costs associated with the preparation of this report shall be borne by the developer. The manual shall be prepared, subject to staff review and approval, and submitted to the Planning Department prior to issuance of a building permit(s) for the last 131 homes within this project. (6) Schedules and methods for weeding, addition of mulch and determination of adequacy of watering schedules shall be the responsibility of the monitor. Monitoring Authorization for restoration work within Adobe Creek must be submitted by the California Department of Fish and Game, the Corps of Engineers and the California Regional Water Quality Control Board, if necessary, prior to issuance of a grading and /or building permit. The direction specified per the adopted Monitoring Program for Adobe Creek Restoration shall be carried out by a designated and qualified monitor. Noise 5 412. 5. a. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code Performance Standards related to noise. , Hours of construction work shall be limited to 6:00 a.m. to 5::00 p.m. Monday through Friday and 8:00 a.m. to 5 :00 p.m. on Saturdays.. Construction shall be prohibited on Sundays and holidays recognized by the. City of Petaluma. b. An avigation easement over all pro ert'ies within this project (Phase 2) shall be granted by the property owner) to the City and recorded prior to or concurrent with the Lot Line Adjustments necessary to accommodate the proposed lot layout of the amended Development Plan. Monitoring Construction activities may be subject to staff observation at all hours of the day until completion. Staff will notify the developer /builder of complaints regarding construction noise and enforce applicable noise standards. The required avigation easement over all properties within this project (Phase 2), pursuant to 5.b. above, shall be granted by the property owner(s) to the City, subject to City staff review and approval prior to recordation of the lot line adjustments. Light and Glare 6. a. All proposed street lights and outdoor common area lighting shall be ,low. in height and intensity, subject to review and approval by the City's Site Plan and Architectural' Review Committee. All lights attached to buildifigs shall - provide asoft "wash" of Ii ht against the wall. All lights shall conform #o. City Performance Standards . g., no direct glare, no poles in excess of 20 feet height, etc.) and shall compliment building architecture. Monitoring Plans submitted for ;common area improvements and /or building permit construction must include details of all proposed exterior light fixtures, subject to staff review and approval prior to issuance of a building permit. Population 7. a. The developer shall provide an in -lieu contribution, related. to the cost of providing affordable housing based upon a schedule adopted by Resolution of the City Council (currently Resolution 84 -199). MbAitoring In -lieu contributions shall be collected upon sale of the individual lot and /or homes. Transportation /Circulation 8. a. The development shall be responsible. for a fair _share contribution to the City's Traffic Mitigation fee as established in the project. Development Agreement. b. The developer shall be responsible for the construction of a pedestrian sidewalk link between the existing sidewalk extension at Ely Boulevard and Adobe Creek Drive to the intersection of Adobe Creek ;Drive and Falcon Ridge Drive prior to issuance of any certificates of occupancy for any residential units in this project (Phase 2). The design of the sidewalk link shall be subject to review and approval' by the Adobe Creek Home Owner's in 413 Association, affected utility companies, and the City's Site Plan and Architectural Review Committee prior to issuance of a Certificate of Occupancy bttildk+g-perini€ for any new homes in this project (Phase 2). Monitoring A Traffic Mitigation fee shall be collected for each home prior to issuance of a Building Permit, or as agreed to in the Development Agreement. EeF4f o €4@IeeupaHc� The sidewalk link shall be completed pursuant to the approved plans, subject to staff review and approval, prior to issuance of a certificate of occupancy for any homes within this project (Phase 2). Public `Service 9. a. The developer shall be subject to pay City development fees as established in the project Development Agreement. Fees include: sewer connection, water connection, community facilities development, storm drainage impact, parks and recreation land improvements, school facilities, traffic mitigation, and in- lieu for provision of low income housing. Monitoring Special Development Fees shall be collected as prescribed in the project Development Agreement. Utilities 10. ?a. A wastewater easement across the golf course property, as required by the original development agreement, shall be offered to the City of Petaluma prior to or concurrent with recordation of the Lot Line Adjustments proposed to accommodate the amended PUD Development Plan. 'b. A overflow /storm channel or alternate improvements authorized by the Detector of Engineering in consultation with the SCWA shall be constructed adjacent to Casa Grande Road to accommodate flood flows of Adobe Creek which exceed the capacity of the easterly bridge /culvert along Casa Grande Road, subject to review and approval by the City's Engineering Department prior to issuance of a certificate of occupancy on the last 20% of the residential units in this project. c. The overflow /storm channel required adjacent to Casa Grande Road or alternate improvements authorized by the Director of Engineering shall be designed and approved by the SCWA and the Director of En &ineering prior to the issuance of a certificate of occupancy for any units in this project (Phase 2). Monitoring The wastewater easement shall be dedicated to the City of Petaluma prior to or concurrent with recordation of the Lot Line Adjustments proposed to accommodate the amended PUD Development Plan, subject to staff review and approval. The overflow /storm channel required adjacent to Casa Grande Road shall be constructed to the satisfaction of the City's .Engineering Department prior to issuance of a certificate of occupancy on the last 20% of the residential units in this project. Aesthetics VA I I 11. a. The Amended PUD Development. Plan for this project, -including the site plan, unit /house designs, common and private front yard landscape plan and creek restoration plan shall be subject. to review and approval by the City's Site Plan and Architectural Review Committee to insure compatibility of the proposed homes with existing homes within the Adobe Creek Golf and Country Club, and ensure' that the .proposed creek: improvements and revegetation measures will provide an attractive amenity for the community prior to recordation of the Lot Line Adjustments proposed to 'accommodate the amended PUD Development Plan, and /or issuance of a building permit for any house within this project (Phase 2). Monitoring The project's PUD Development Plan, unit /house designs, common and private landscaping plans and creek restoration plan must receive approval from the City's Site Plan and Architectural Review Committee prior to recordation of the Lot Line Adjustments proposed to accommodate: the amended PUD Development Plan, subject to staff review and approval. Recreation 12. a. The proposed private common area and improvements thereof in proximity to the 8th tee shall be subject to review and approval by the City's Site Plan and Architectural Review Committee and installed prior to issuance of a Certificate of Occupancy for any homes on Lots 44 - 143. b. The developer shall be required to contribute a park and recreation land improvement fee as established in the project Development Agreement. Monitoring A park and recreation, land improvement fee shall be collected ;prior= to issuance of a building permit for each house. Archaeological /Historical 13. (Monitoring 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 Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. California Department of Fish and Game 14. The applicant shall submit to the City the required Fish and 'Game Fees ($" ,275.00) in the form of a check made out to the County of Sonoma prior to recordation of the Lot Line Adjustments. The Notice of Determination must be filed with the County with the Fish and Game fees prior to the issuance of any building permits. PUD Development Plan Amendment Findings 1. The development plan results in a more desirable use of the land and a better physical environment by improving the appearance of the front elevations. 2. The circulation pattern of the proposed PUD Development .Plan amendment has been dictated by the previously approved plan and by existing improvements along Falcon Ridge Drive and Adobe Creek Drive, which, given the proposed amendment, has a suitable relationship to the adjacent circulation system. The 415 existing circulation system is adequate to accommodate the additional traffic 'impacts generated from the proposed development. 3. The plan for the proposed development will be compatible with the rest of Adobe Creek because the proposal, as conditioned, does not involve any substantial changes to building setbacks or building heights and as found, presents a unified and organized arrangement of buildings which are appropriate in relation to nearby properties. 4. The introduction of the new models will not be detrimental to the public welfare, will be in the best interest of the City, and will be in keeping with the general intent and spirit of the zoning regulations and General Plan of the City of Petaluma by improving diversity in the development by increasing the number of different models. 5. The proposed amendment to Unit II, Phase 2 of the PUD does not involve any changes to the vehicular circulation pattern established in the original PUD. Amended PUD Development Plan Conditions (Staff is proposing that the Resolution approving this amendment supersede Resolution No. 89 -338 N.C.S. which approved the Original Unit II Development Plan): - 1. Development of the residential lots within Unit II, Phase 2 shall be subject to the y x provisions of the Planned Unit Development Standards as conditionally approved for Unit II, Phase 1, subject to staff review and approval prior to issuance of a building permit. 2. All aspects of the proposed development plan are subject to review by SPARC prior to approval of any building permits for the new models; including but not limited to; architecture of the eight new models, public and private landscaping (except the golf course), hardscape surface treatments, private street identification signs, lighting fixtures, irrigation, public right -of -way pathways, project identification signs and fencing and the revised written PUD standards prior to the issuance of any building permits for these new models. 3. The applicant shall submit the required applications and materials for the necessary amendments to the existing Lot Line Adjustments and yard use easements to accommodate the proposed lot and building configurations. Lot Line Adjustments and yard use easements must be recorded, prior to the issuance of a building permit on effected lots. 4. All landscaping, irrigation systems, lighting and other improvements within the private right -of -ways, within the project site, shall be maintained through a homeowners association or other method, subject to City Council review and Approval concurrently with the approval of the Amended Development Plan. 5. Public access and use of the course shall continue for a period of 50 years from the commencement of operations, unless reduced modified or extended by mutual consent of the City and J.G. Orbis or J.G. Orbis' successors in interest. Said obligations for public access shall run with the land and shall be binding on J.G. Orbis and its successors in interest and ownership. 6. The applicant must comply with the following conditions from the City Fire Marshal: 6 41G __ _ _ rewired -�- base -�- residential; -€ ire- spFi•��e��yste�r�desrgrie�- end- :insta -� acedrda�ee- w}t1r�:��:A �3� ,- i��11- a�as- i- �cl�ding= a�ic,- gauge;- batbFOa�S witb�ax313ttsti�le- €�t�rFes �a�r���e -r- �S�ar��ee�a�- clesets- ©ver -24 sgtrare �eeter- aver- 3�eet -� eel: a*eies-- b- 4ow- 460- 4 €eet- ix-- elev-at ion- -an d- -1 '&ss-- thO-* 3;509 st ©ves �rna�� wale - healer - € }Fep laces - end- >in-- a��3�-- �Feas� -a� v�x� -end e�irr�ey� e:------- dire -hytlr xt - bers - aid- loca €ioes- tfl- b�- aPpFaved-- b} -tbe i e- A��ars13a1'� &ffice: a. All roadways shall be kept clear of all obstructions with a 20 foot clear width (including construction materials, and parking of vehicles) during alil phases of construction. b. All roadways into construction sites shall be all weather hard, surface roads as required by the Fire Marshal's office. No combustible construction shall commence prior to installation of roadway. c. e: All roof covering material shall have a Class 'B" rating or better, treated in accordance with the Uniform Building Code Standard 32.7 per City of Petaluma Ordinance 1744. d.fi All roof covering materials applied as exterior wall covering shall have a Class "B" rating or better, treated in accordance with the Uniform ]Building Code Standard 32.7 per City of Petaluma Ordinance 1744. e. g. This plan has been reviewed with the information supplied, following plans submitted for review may be subject or will subject to additional requirements as plans are revised. 7. The applicant shall comply with the following conditions of !the Engineering Department: a. The wastewater easement across the golf course property, as required by the original Development Agreement, shall be offered to the City of Petaluma. b. Because of proposed incremental construction of the subdivision, the developer shall insure that water, sanitary sewer and storm .drain systems function correctly and independent of the total subdivision, subject tip, review and approval prior to issuance of a Certificate of Occupancy.. In addition, temporary emergency vehicle turnaround areas shall be provided as required, subject to review and approval prior to issuance ,of a Certificate of Occupancy. 8. The applicant must comply with the following condition of the City Public Works Department: 10 417 a. Any existing stub outs (water and sewer) must be aligned with the proposed dwellings and may not be offset by more than two feet, prior to acceptance of subdivision improvements. b. Any changes in the configuration of the subdivision with re&ards to previously installed public utilities, must be submitted for review and approval and installed prior to acceptance of the subdivision. C. Stub outs (if any) that are not used must be abandoned to the satisfaction of the Public Works Department's Satisfaction prior to acceptance of subdivision improvements. 9. The applicant shall comply with the following condition of the City Building Division: a. Grading must be certified when completed to indicate compliance with approved plans and will be required for occupancy. b. Soils with expansion index greater than 20 requires special design foundation per Uniform Building Code 2904(b). C. All roofing shall be "B" rated or better per Ordinance No. 1744/1988. d. Show site drainage and grading topography. 6. Indicate all utilities on site plan. f. Responsible party to sign plans. g. Submit soils report to verify foundation design. h. Indicate group occupancy, type of construction, square footage. i. Plans must show compliance to 1991 UBC, UPC, UMC, and 1990 NEC. Plans must also show compliance to current Title 24 Energy Code. j. Provide structural calculations for all non- conventional design items. k. Walls within 3 feet of the property line must be of one hour fire resistive construction (see Section 504 of the Uniform Building Code). 10. 'This PUD amendment approval is contingent upon approval of the amendment to the Development Agreement by the City Council. 11. This PUD amendment approval is contingent upon administrative approval and recordation of all necessary Lot Line Adjustments to accommodate the new units. 12. All applicable conditions of the Tentative Map Approval, as listed in Resolution 89- 339 N.C.S., which are not amended by this action shall remain in force 13. All applicable conditions of the Planned Community Development (PCD) approval, as listed in Resolution 87 -115 N.C.S., which are not amended by this action shall remain in force Finding: for an Amendment to the Development Agreement The provisions of the amended Development Agreement to incorporate an amendment to the Planned Unit Development Plan to: a) change the mix of homes in the 167 lots in Unit II, Phase 2, with modified setbacks and lot layouts; b) allow some minor modifications to the lot lines and the open space easement boundaries adjacent to the golf course is consistent with the General Plan and other applicable plans, policies and regulations of the City of Petaluma. 11 M • • Amendment to Development Agreement Recommend approval of the .amendment to the Development Agreement to add the Council Resolution approving the Amendment to the Unit Development Plan to Exhibit C -1 of the agreement based on the findings listed with the PUD amendment action and to approve the necessary amendment to the open space boundary. NEW BUSINESS /PUBLIC HEARING II. HOSPICE OF PETALUMA; 416 PAYRAN STREET; AP NO. 007 - 690 -026; FILE NO.0122(hg). Consideration and recommendation to the City Council on the adequacy of a Mitigated Negative Declaration and a rezoning from Light Industrial (M -L) to Planned Unit District (PUD) and consideration of a PUD Development Plan and associated development standards for a new facility for Hospice of Petaluma.. Assistant Planner Hans Grunt presented the staff report. The public hearing was opened. SPEAKERS: Commissioner Torliatt Question regarding, adjacent senior housing - security and access to sidewalk, concerns with safety along shared pathway, shrubs should be lower and lighting should be very good in this area. Colleen Mahoney - Project architect - responded to comments received from SPARC; available to answer questions. Daynon Doss - Petaluma Valley Hospital - thanked Commission and!staff'for cooperation; site was chosen because of central location, access to public transit, believes location will serve purpose well. The public hearing was closed. A motion was made by Commissioner Torliatt and seconded by Commissioner Feibusch to recommend to the City Council adoption of a Mitigated Negative Declaration, approval of a rezoning from M -L to PUD, and approval of a PUD Development Plan based on the findings and subject to the following mitigation measures and conditions: COMMISSIONER STOMPE Absent COMMISSIONER FEIBUSCH Yes COMMISSIONER RAHMAN: Yes CHAIRPERSON THOMPSON: Yes COMMISSIONER WICK: Yes COMMISSIONER TORLIATT: Yes COMMISSIONER vonRAESFELD: Yes Findings for a. Mitigated Negative Declaration 1. An Initial Study has been prepared and proper notice provided in accordance with CEQA and local guidelines. 12 2. Based upon the Initial Study and comments received, potential impacts could be .avoided or reduced to a level of insignificance by mitigation measures attached as conditions of approval. There is no substantial evidence that the project, as mitigated, will have a significant effect on the environment. 3. A monitoring program has been included with the mitigations, where applicable, to ensure compliance with the adopted mitigation measures. 4. The project does not have potential to affect wildlife resources as defined in the Fish and Game code, either individually or cumulatively and is exempt from Fish and Game filing fees because there is no evidence that the proposed project would have any potential for adverse effect on wildlife resources. Mitigation Measures for PUD Development Plan 1. During construction of this project, all grading and erosion control shall conform to the City's Erosion Control Ordinance 15.76, subject to staff review and approval. 2. 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 Indian community shall 'also be notified and consulted in the event any archaeological remains are uncovered. 3. To offset the cumulative impacts this project is projected to create on the City's services, the project proponent shall pay the following Special Development Fees which are imposed on all like construction in the City of Petaluma: Sewer and Water Connection, Community Facilities Development, Storm Drainage Impact, School Facilities, and Traffic Mitigation. Timing for payment of all Special Development Fees shall be as prescribed in the City's Special Development Fees Handout. 4. Show drainage pattern for entire site with building permit application. No lot to lot surface drainage is allowed. Proposed drainage improvements shall be subject to staff review and approval prior to issuance of a building permit. 5. All storm drainage improvements proposed by this development shall conform to the City and Sonoma County Water Agency requirements and the Petaluma Master Drainage Plan prior to issuance of a building permit. 6. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code Performance Standards (noise, dust, and odor). Days and hours of construction shall be limited to Monday through Friday between the hours of 7:00 AM and 5:00 PM. No construction shall occur on Saturdays and Sundays or holidays required by the City of Petaluma. 7. An additional fire hydrant may be required based on location of existing water supply on Payran Street. 8. Buildings larger than 3,500 sq.ft. in area or three stories or more in height shall be protected by an automatic fire extinguishing system as required by Section 10.507B of the 1991 Edition of the Uniform Fire Code. 9. Add as general note to building plans: 13 42o 'No combustible construction permitted above the foundation, unless an. approved all weather hard surface road is provided to within one - hundred -fifty feet (150) of the furthest. point of a building or structure. All fire hydrants for the project must be tested, flushed and in service prior to combustible construction. Findings for a PUD Rezone and PUD Development Plan The rezoning to PUD and the PUD Development Plan, as conditioned, results in a more desirable use of the land and a better physical environment than would be possible under the current M-L district or any single zoning district by appropriately defining the principally permitted uses and the fairly unique ancillary/accessory I uses of Hospice, and allow for reduced setbacks for site and building improvements necessary to accommodate the intensive site demands of the use. 2. The circulation pattern of the proposed PUD has been largely dictated by the development of Payran Street and adjacent facilities, and has been designed to have a suitable relationship to said circulation system. The existing circulation system is adequate to accommodate the additional traffic impacts generated from the proposed development. 3. The plan for the proposed development, as conditioned, presents a unified and organized arrangement of buildings and site improvements which are appropriate in relation to nearby properties. Adequate landscaping and screening will be reviewed by SPARC to insure compatibility. 4. There are no significant scenic qualities of the site that warrant specific site design alterations to insure their preservation. The plan will provide adequate available outdoor /garden space as designated on the Development Plan. 5. The development of Hospice of Petaluma in .the manner proposed by the applicant, and as conditioned by the City will not be detrimental to the public welfare, will be in the best interest of the City, and will be in keeping with the general intent and spirit of the zoning regulations and General Plan of the City of Petaluma. Conditions for PUD Development Plan 1. The PUD Development Standards shall be subject to review and approval by SPARC. The following information shall be: incorporated into the Development Standards, subject to staff review and approval prior to review by SPARC: a. The Development Standards shall list the intended principally permitted uses, accessory uses, and conditional uses. Additionally, based, on proposed and future uses, the standards shall establish minimum setbacks, maximum building height, parking ratios, and landscaping standards. 2. The PUD Development Plan shall be referred to SPARC for review and approval. SPARC's review shall include, but not be limited to the following: a. The building(s) architecture including: building. materials; fenestration; and the design elements on the front, side and rear elevations. 14 421 b. A proposed color /material palette for roofs, building face and trim. C. The master landscape plan for the public and private areas including the location, variety, and size and quantity of plant material - with special attention to measures that integrate a maximum of landscaping across the sites street frontage. d. Perimeter and interior fencing including the design of the arbor. 3. A reproducible (mylar or other) copy of the PUD Development Plan, and a copy of ; the Development Standards including all necessary changes to said items required by the City Council and /or SPARC shall be submitted to staff for review and approval prior to issuance of a building permit. 4. All requirements from the Building Division shall be met, including: 'a. Grading must be certified when completed to indicate compliance with approved plans and will be required for occupancy. b. Certify finish. floor elevations before occupancy. C. Soils with expansion index greater than 20 requires special design foundation per Uniform Building Code 2904(b). d. All roofing shall be "B" rated or better per Ordinance No. 1744/1988. e. Show site drainage and grading topography. f. Indicate all utilities on site plan. g. Responsible party to sign plans. h. Submit soils report to verify foundation design. . Indicate group occupancy, type of construction, square footage. j. Plans must show compliance to 1991 UBC, UPC, UMC, and 1990 NEC. Plans must also show compliance to current Title 24 Energy Code. k. Provide structural calculations for all non - conventional design items. 1. Any portion of a building less then 20 feet from a property line must have 1 hour rating construction. tn. Handicapped parking must conform to handicapped van parking - 10 feet wide stall plus an 8 foot walkway. 5. All requirements of the Engineering Department shall be met, including: a. No construction shall occur in the existing easements except for pavement. b. Obtain permission to construct a portion of the parking lot in the existing easement from the Sonoma County Water Agency. c. Show existing site improvements including: storm drains, manholes, drain inlets, sewer lateral, water lateral, existing driveway approach, etc. This information shall be shown on the future building permit application. New driveway approaches shall be per City standards. If existing driveway approach is not used it shall be removed and replaced with sidewalk. d. Show drainage pattern for entire site with building permit application. No lot to lot surface drainage is allowed. 6. All requirements from the Fire Marshal's office shall be met, including: a. Fire flows for this complex shall be a minimum of 1500 GPM. b. Provide a site map overview of Payran Street (to scale) indicating location of nearest fire hydrant in relation to the project site. 15 422 C. An additional fire hydrant may be required based on location of existing water supply on Payran Street. d. Buildings :larger than 3,500 sq.ft. in, area or three stories or more in height shall be protected by an automatic. fire extinguishing system as required by Section 10.507B of the 1991 Edition of the Uniform Fire Code.. e. Add as general note to building plans: * No combustible construction permitted above the foundation, unless an approved all weather hard surface road is provided to, within one - hundred -fifty feet (150') of the furthest point of a building or structure. * All fire hydrants, for the project must be tested, flushed and in service prior to combustible construction. L All roof covering material shall have. a class "B" rating or better, treated in accordance with the Uniform Building Code Standard 32.7 and City of Petaluma Ordinance 1744. g. " All roof covering materials applied as exterior wall covering shall have a fire rating of class 'B ", treated in °accordance with Uniform Fire: Code Standard 32.7 and City of Petaluma Ordinance 1744. h. This plan has been reviewed with the information supplied. The plans may be subject or will be subject to additional requirements as plans are revised. 7. The . applicants /developers shall defend, indemnify, and hold harmless the. City or any of its boards, commission, agents, officers, and employees from any claim, action or proceeding against the City,, its, boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action .is brought within the time period provided for in a plicable State And/or local statutes. The City shall prompt! y notify the applcantsdevelopers 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 if the City bears its own attorney's fees and costs, and the City defends the action in good faith. III. PROJECT STATUS: - Kodiak Jack's Honky Tonk and Saloon - Monitoring Council approved time extension - Riesling Road alignment options - 334 Bodega Avenue - Order to Show Cause forwarded to City Attorney - Adobe House - Moving forward - Petaluma Queen Temporary Restraining Order denied in favor of City of Petaluma. ADJOURNMENT 8:00 PM min411 / plan59 _. 16