HomeMy WebLinkAboutPlanning Commission Resolution 2019-22 12/10/2019RESOLUTION 2019-22
CITY OF PETALUMA PLANNING COMMISSION
APPROVING SITE PLAN AND ARCHITECTURAL REVIEW
FOR CONSTRUCTION OF A SINGLE FAMILY HOME AT
123 KIMBERLY WAY
APN 008-630-052
Project File No. PLSR-19-0003
WHEREAS, on January 17, 2019, Derek Dailey, the property owner, submitted an application for
Site Plan and Architectural Review for the construction of a new two-story single-family residence on the
0.26 -acre vacant lot located within the Country Club Estates Unit 2a and 3a Planned Unit Development
(PUD) at 123 Kimberly Way (APN 008-630-052) (the "Project"); and
WHEREAS, on November 2, 1992, with approval of Resolution 92-287 N.C.S the City Council
certified a Mitigated Negative Declaration (MND) for the Country Club Estates Unit 2a and 3a Planned
Unit Development; and;
WHEREAS, on November 16, 1992, the City Council adopted Resolution N.C.S. 92-299, which
approved the Planned Unit Development standards and design guidelines, subject to conditions
contained therein; and
WHEREAS, on November 16, 1992, the City Council adopted Resolution N.C.S. 92-300, which
approved the Tentative Subdivision Map for the Country Club Estates Unit 2a and 3a Subdivision; and
WHEREAS, on June 7, 1993, the City Council adopted Resolution N.C.S. 93-137, which approved
the Final Map for the Country Club Estates Unit 2a and 3a Subdivision; and
WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public hearing
to consider this Site Plan and Architectural Review application for development of a single-family home,
at which time all interested parties had the opportunity to be heard; and
WHEREAS, public notice of the December 10, 2019 Planning Commission hearing 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
WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning
Commission meeting, consistent with the City Council Resolution No. 18-107; and
WHEREAS, on December 10, 2019, the Planning Commission considered a staff report analyzing
the application, including the California Environmental Quality Act ("CEQA") determination included
therein.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETALUMA AS
FOLLOWS:
A. The foregoing recitals are true and correct and incorporated herein by reference.
B. Based on its review of the entire record herein, the Planning Commission makes the following findings:
Planning Commission Resolution No. 2019-22 Page 1
General Plan
1. The Project is consistent with the General Plan 2025 Very Low Density Residential (RVQ Land Use
Designation which allows for a residential density range between 0.6 and 2.5 dwelling units per
acre in that the proposed Project will construct a single-family dwelling on a vacant lot of
approximately 0.26 -acres. As stated in the General Plan, densities are stated as a number of
housing units per acre of developable land, provided that at least one dwelling unit may be built
on each existing legal parcel designated for residential use.
2. The Project is, for the reasons discussed in the December 10, 2019 Planning Commission staff
report, consistent with the following General Plan policies:
Policy 1-P-2 Use land efficiently by promoting infill development, at equal or higher density
and intensity than surrounding uses.
Policy 1-P-3 Preserve the overall scale and character of established residential
neighborhoods.
Policy 1-P-16 Allow development in hillside areas that preserve ridgelines and are site sensitive.
Policy 2-P-72 Preserve the existing public viewsheds featuring the Petaluma community.
Policy 2-P-73 Minimize grading, to all extent possible, stepping development into and with the
natural topography.
Policy 2-P-74 Preserve trees and enhance the natural woodland ecology of the South Hills
subarea.
Country Club Estates Unit 2a and 3a Planned Unit Development
3. The Project is consistent with the Planned Unit Development Design Guidelines Section 2.0
(Exceptions), in that all required findings of Section 2.1 can be made as follows:
a. That the exception requested does not compromise the overall integrity offhe PUD Guidelines,
the Petaluma General Plan, Zoning Ordinance and/or any other governing document;
Setback Reductions: The proposed reductions to the setbacks are being requested due to lot
constraints described in the staff report and as shown on the opportunities and constraints
map prepared by the applicant (included as Figure 11 and as seen on Sheet SP 0.3 of
Attachment Q. The opportunities and constraints map is intended to demonstrate the best
buildable location when considering factors such as location of existing trees, easements, and
how to best achieve compliance with applicable development and design standards. The
reduction of the northern property line from 15 feet to 10.5 feet maximizes use of the available
buildable area while complying with other PUD guidelines including the recommended lot
gradient, maximum driveway slopes, tree preservation, and minimum amount of parking
required. The building area within the reduced setback areas is also a minor encroachment
at approximately 117 square feet. Programmatically, this area is dedicated to the upper deck
and enclosed garage which facilitates access on the irregularly shaped site. Therefore, the
proposed reduction to the northern property line setback does not compromise the overall
integrity of the PUD Guidelines in that the area within the setback is minimal and the overall
elevation provides relief of the vertical building mass through a building stepback and
uncovered upper deck.
The reduction of the eastern property line setback from 20 -feet to 8 -feet further maximizes use
of the available buildable area while avoiding construction of improvements near existing
mature trees to be maintained, as specified in the arborist report. As shown on the Site Plan of
Attachment C, the portion of the building that encroaches into the required setback is a
Planning Commission Resolution No. 2019-22 Page 2
considerable distance from the mature trees. This allows the applicant to utilize the buildable
area without constructing within the dripline of mature trees, which could compromise the
overall future health of the trees. Additionally, the area proposed within the 20 foot setback
accounts for approximately 260 square feet.
The proposed exceptions to the established building envelope at the north and east
elevations accounts for a minimal amount of the overall square footage of the structure.
Construction of portions of the single family residence within the established setback areas will
not compromise the overall PUD Guidelines and other applicable requirements of the General
Plan or Zoning Ordinance. Figure 12 further illustrates the lot constraints present on the project
site including the presence of protected trees and existing easements. The area outlined in
red represents the required setbacks and the area in yellow represents portions of the structure
that are proposed outside of these setbacks.
Depth of Upper Deck: The depth of the upper deck is proposed to exceed the maximum
allowable depth by 8 feet. However, the overall integrity of the PUD Guidelines and other
applicable requirements of the General Plan or Zoning Ordinance will not be compromised.
The deck is designed to correspond to the natural topography of the site and provides visual
relief at the north elevation as viewed from Country Club Drive. The increased depth of the
deck is consistent with the overall intent of the PUD Guidelines, which state that sensitivity to
the environment and natural topography while recognizing the unique features of individual
lots is a top priority. As described in the staff report the lot is unique with regard to buildable
area. The increased depth of the deck utilizes buildable area while avoiding construction
within the dripline of existing trees onsite.
Street Tree Requirement. The PUD Guidelines state that owners are required to plant and
maintain one street tree for every 20 feet of lot frontage to adjacent streets. The subject
property is unique as compared to adjacent properties in the neighborhood in that it has lot
frontage adjacent to streets on three sides of the lot, for a total of approximately 355 feet of
frontage adjacent to streets. This would require 18 street trees to be planted on the subject
property. However, the lot is encumbered by a 10 -foot wide public utility easement which runs
parallel to all portions of the lot adjacent to the street, precluding the planting of street trees
within this area. Typical lots have frontage on one or two sides of the street, resulting in a lesser
amount of street trees required to be planted. A reduction to the number of street trees
required would be more appropriate for the site given site constraints discussed in the staff
report and as identified in the arborist report.
b. That the exception, if granted, would not unduly interfere nor conflict with existing or proposed
surrounding uses and;
Setback Reductions: The reduction to the setbacks will not interfere with existing single-family
residences or future proposed improvements of adjacent sites in that the siting of the structure
maintains approximately 20-25' between the proposed residence and the adjacent neighbor,
providing an adequate distance for the purposes of privacy.
Depth of Upper Deck: The proposed deck will not interfere or conflict with existing surrounding
residences in that it is proposed to be constructed in compliance with all other applicable
guidelines including height, size, and architectural design. Further, the placement of the deck
avoids direct adjacency to the abutting neighbor at 127 Kimberly Way, and no other
neighbors are directly abutting the area of the proposed deck.
Street Tree Requirement. The reduction to the amount of street trees required will not interfere
or conflict with existing surrounding residences as the trees will be located on the project site
and will be of a type typically found in the area. The site has a 10 -foot wide Public Utility
Easement which precludes the planting of street trees in this area. The reduction of the
required number of street trees is more appropriate for the site to ensure survival of the trees,
as specified in the arborist report.
Planning Commission Resolution No. 2019-22 Page 3
c. The exception, if granted, would result in a visually and environmentally preferable alternative
to that which would otherwise be presented.
Setback Reductions: Approval of the exceptions to the setbacks shown on the established
building envelope will provide a more visually preferable alternative in that the siting of the
structure within the established setbacks allows for variation in building planes and setbacks
whereas if the structure were built to the maximum allowable southern setback line, there
would be little to no relief in the horizontal massing of the structure. The residence has been
designed to step with the natural hillside to the extent feasible, as well as minimize the amount
of grading required.
In addition, the siting of the structure within the established building setbacks results in an
environmentally preferable alternative in that, the siting of the structure away from mature
trees will limit the amount of improvements that could impact the health of these trees.
Depth of Upper Deck. The proposed deck results in a more environmentally preferable
alternative in that the increased depth over the maximum allowable 12 feet is preferred over
decreasing the depth and increasing the width, which would result in construction of the deck
within the tree canopy and dripline of mature trees onsite. Construction of the deck outside
of the area of the mature trees helps to ensure their continued health and survival.
Street Tree Requirement. As indicated in the 2019 arborist report, the reduction of the required
number of street trees is environmentally preferable in that planting 18 trees on site would not
be feasible given the amount of space available for planting, and if planting of the required
number of trees were done, the trees would not likely survive over time.
Implementing Zoning Ordinance
4. The project is consistent with Implementing Zoning Ordinance (IZO) §16.060 (Single Lot
Development), in that all required findings found in § 16.060(K) can be made as follows:
a. The project meets or exceeds the objectives, standards, and guidelines of the Hillside
Ordinance.
As described in the staff report, the proposed project meets all objectives, standards, and
guidelines of the Hillside Ordinance including site design which avoids steeply cut slopes,
minimizes grading to only those areas proposed for development, and takes advantage of
existing natural vegetation on site. The architectural design of the structure is consistent with
the guidelines of the Hillside Ordinance in that it reduces the overall bulk and mass through
the use of varied roof elevations, building stepbacks, and articulated facades, and proposes
colors and materials which conform to the natural hillside environment.
b. The design, scale, massing, height and siting of development is compatible and
complementary with the character and scale of the surrounding, developed neighborhood.
The proposed structure conforms to the height restriction of the Planned Unit Development
and is compatible with the surrounding neighborhood with regard to scale, design, and siting.
c. The design and site layout of the hillside project is respective of and protects the natural
environment to the maximum extent feasible.
The proposed residence is sited to avoid protected trees onsite and is stepped to conform to
the natural topography of the site.
d. 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.
Grading on the site will be minimal. Retaining walls will be utilized to reduce the need to grade
Planning Commission Resolution No. 2019-22 Page 4
areas outside of the driveway and building envelope,
5. The project is consistent with Implementing Zoning Ordinance (IZO) §24,010 (Site Plan and
Architectural Review), in that all required findings found in §24,010(G) can be made as follows;
a. The appropriate use of quality materials and harmony and proportion of the overall design
As designed the project utilizes stucco siding of varying shades of gray and stone veneer that
blend with the natural hillside environment. Further, the massing of the building is designed to
blend with the natural topography of this site through the use of varied roof elevations,
horizontal and vertical elements which articulate each building fagade, and building
stepbacks to reduce the appearance of two-story walls,
b. The architectural style which should be appropriate for the project in question, and
compatible with the overall character of the neighborhood.
The proposed residence features elements of a contemporary architectural design. This design
is appropriate, in that, the Planned Unit Development seeks to create a sense of community
through continuity of architectural styles which is accomplished through guidelines specific to
building heights, roof forms, materials, lighting, landscaping, and protection of existing native
trees. The proposed architectural design is compatible with surrounding residences in its use of
colors and materials and overall building form and design, including the use of flat or low-
pitched roofs, and contemporary design, which is predominant throughout the
neighborhood.
c. The siting of the structure on the property as compared to the siting of other structures in the
immediate neighborhood.
The siting of the structure is consistent with the Planned Unit Development in that exceptions
have been requested which deviate from the established building envelope for the site.
However, based on applicable findings, it has been determined that the siting of the structure
is consistent with the intent of the PUD which recognizes the complexity of developing hillside
parcels. Further, the siting of the structure respects privacy of adjacent neighbors and is not
out of character for the neighborhood.
d. The size, location, design, color, number, lighting, and materials of all signs and outdoor
advertising structures.
As a residential development the project is not proposing signs or outdoor advertising
structures, and therefore is not subject to this SPAR finding.
e. The bulk, height, and color of the proposed structures as compared to the bulk, height, and
color of other structures in the immediate neighborhood.
The bulk and height of the structure has been designed in accordance with the established
PUD Guidelines and is similar to the height and bulk of other structures in the neighborhood,
which feature two-story residences with varying roof heights and building stepbacks. The
proposed residence utilizes earth -toned colors which are similar to those of surrounding
residences.
f. Landscaping to approved City standards shall be required on the site and shall be in keeping
with the character or design of the site. Existing trees shall be preserved wherever possible,
and shall not be removed unless approved by the Planning Commission.
The proposed landscaping presented in the preliminary landscaping plan demonstrates
compliance with the Country Club Estates Unit 2a and 3a Planned Unit Development
Guidelines as well as Appendix C of the SPAR Guidelines, except where restricted by the
existing public utility easement. Trees proposed for removal are discussed in the staff report
Planning Commission Resolution No. 2019-22 Page 5
and are consistent with recommendations provided in the arborist report.
g. Ingress, egress, internal circulation for bicycles and automobiles, off-street automobiles and
bicycle parking facilities and pedestrian ways shall be so designed as to promote safety and
convenience, and shall conform to approved City standards. Any plans pertaining to
pedestrian, bicycle, or automobile circulation shall be routed to the Pedestrian Bicycle
Advisory Committee (PBAC) for review and approval or recommendation.
The proposed residence will utilize the circulation system that was developed subject to the
approved subdivision. The location of the proposed driveway is designed in compliance with
regulations of the Planned Unit Development Guidelines, SPAR Guidelines, and Implementing
Zoning Ordinance.
C. Based on its review of the entire record herein, including the December 10, 2019, Planning Commission
staff report, all supporting, referenced, and incorporated documents, and all comments received,
the Planning Commission hereby approves Site Plan and Architectural Review and Exceptions to the
established PUD Guidelines for (1) reduction to the setbacks established by building envelopes shown
on the PUD plan (2) increase to the maximum allowable depth of the upper story deck (Section
6.12.8), and (3) a reduction to the minimum number of street trees required (Section 7.8); subject to
the conditions of approval attached hereto as Exhibit 1.
Planning Commission Resolution No. 2019-22 Page 6
ADOPTED this 10th day of December, 2019, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember McDonnell
X
Chair Alonso
X
Vice Chair Bauer
X
Gomez
X
Marzo
X
Potter
X
Streeter
X
Heidi Bauer, Vice Chair
ATTEST: APPROVED AS TO FORM:
l'
f+ �j
Heather Hines, Commission Secretary Lia Tennenba m, Assistant City Attorney
Planning Commission Resolution No. 2019-22 Page 7
SPAR CONDITIONS OF APPROVAL
DAILEY RESIDENCE
123 KIMBERLY WAY
APN 008-630-052
Project File No. PLSR-19-0003
Planning Division
Standard Conditions of Approval
Exhibit 1
1. Plans submitted for building permit shall include all conditions of approval contained herein on the
first sheet of the plan submittal.
2. Plans submitted to the City of Petaluma for purposes of construction shall be in substantial
conformance with the plans on file with the Planning Division received October 17, 2019, except as
modified by these conditions of approval.
3. 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 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 if the City
bears its own attorney's fees and costs, and the City defends the action in good faith.
4. This approval is granted for and contingent upon construction of the project as a whole, in a single
phase, with the construction and/or installation of all features approved and required herein.
Modifications to the project, including but not limited to a change in construction phasing, shall
require an amendment to this condition by the Planning Commission through the Site Plan and
Architectural Review provided at IZO §24.010.
5. Pursuant to IZO §24.010(1), this approval is effective for a twelve (12) month period unless the permit
has been exercised or unless an extension of time is approved in compliance with IZO §24.010(J).
6. The colors and materials shall be in substantial conformance with those noted on the plan set and the
color and materials board in the project file received January 17, 2019, except as modified by the
following conditions.
7. Prior to building permit issuance all applicable development impact fees shall be paid.
8. All exterior lighting shall conform to the standards at IZO 24.040 (D) (Glare).
9. The site shall be kept cleared at all times of garbage and debris.
10. 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. The final
disposition of archaeological, historical, and paleontological resources recovered on state lands
under the jurisdiction of the State Lands Commission must be approved by the State Lands
Commission.
Planning Commission Resolution No. 2019-22 Page 8
1 1. 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 ensure 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 ensure continued regular watering of landscape areas, and health and vitality of landscape
materials.
12. 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.
Planned Unit Development Conditions of Approval
13. Upon building permit submittal, the applicant shall submit a grading plan which demonstrates
compliance with Section 4,1 of the Planned Unit Development, limiting cut and fill slopes to a
maximum gradient of 2;1.
14. The grading plan shall demonstrate minimal grading that is designed to blend with the natural
contours of the site.
15. The grading plan shall incorporate drainage design that is consistent with the existing drainage
pattern on site.
16. No grading shall occur in areas outside of the areas proposed for construction of the single family
residence, attached garage, driveway, and entrance walks as shown on plans submitted October
17, 2019.
17. Driveway slopes shall be designed as shown on plans submitted October 17, 2019 and in no case shall
exceed 18 percent.
18. Dust control procedures shall be utilized during grading operations in conformance with the City of
Petaluma Grading and Erosion Control Ordinance (Chapter 17.31 of the Petaluma Municipal Code).
19. Slope rounding and contour techniques shall be utilized that blend with adjacent natural contours.
20. Retaining walls shall be built per the recommendations of the Geotechnical Engineering Investigation
Report prepared by Miller Pacific Engineering Group on June 24, 2019 and on file with the Planning
Department.
21. Planting shall be required above and below the retaining walls to reduce the apparent height. Initial
planting shall cover a minimum of 20 percent if the down-slope side (north elevation) and shall be
designed so as to provide a minimum of 50 percent coverage after five (5) years of growth.
22. All exposed concrete, except foundations, shall be covered with redwood, cedar, brick, stone, or
other materials consistent with the exterior wall materials of the residence.
23. Mechanical equipment mounted on the roof or ground shall be screened from public view and from
the view of adjacent properties. Placement of mechanical equipment shall be done such that the
operating noise conforms to the City's noise performance standards.
24. Upon building permit submittal, the applicant shall submit a final landscape plan that is consistent
with the preliminary landscape plan except as modified by conditions of approval contained herein.
25. Existing mature trees to be retained and proposed for removal shall be delineated on the final
landscape plan.
Planning Commission Resolution No, 2019-22 Page 9
26. Trenching, grading, cutting, filling, and compaction is prohibited within the dripline of existing trees to
remain onsite.
27. All planting installed on slopes greater than 3:1 shall be done prior to August l st. All slopes greater than
3:1 which are not planted prior to August 1 st shall be seeded and hydromulched in early October with
a seed mix formulated for erosion control.
28. The preservation and maintenance requirements identified in the Arborist Report prepared by Jerry
Kalfos on August 27, 2019 are included herein by reference. No deviations from this Arborist Report
are permitted without prior approval by the City of Petaluma Planning Department.
29. Existing trees to remain shall be marked and protected with barriers, and/or other applied protection
consistent with the arborist report prepared by Jerry Kalfos on August 27, 2019 on file with the Planning
Department.
Special Conditions of Approval
30. Upon building permit submittal and prior to permit issuance, the applicant shall submit a Tree
Protection and Mitigation Plan consistent with IZO Section 17.070 for review and approval by the
Planning Department. The Plan shall ensure the proper protection and maintenance of other
protected trees onsite as mitigation for the removal of the six bay trees, consistent with protection
measures identified in the Arborist Report prepared by Jerry Kalfos on August 27, 2019. Any protected
existing trees to be removed and in fair or better health, must be mitigated and replaced per IZO
Section 17.065.
31. Exposed heights of retaining walls shall not exceed five (5) feet. The retaining wall at the north
driveway is permitted to have a guardrail of up to four (4) feet and shall be consistent with the color
and materials of the retaining wall.
32. Prior to issuance of a Certificate of Occupancy by the Building Department, the applicant shall
contact the Planning Department to schedule a final inspection.
33. All landscaping shall be installed prior to final inspection and shall be in substantial conformance with
the final landscape plan.
34. The final landscape plan shall include one additional 15 gallon Chinese Pistache tree, for a total of
nine (9) trees to meet the recommended 1 tree per 40 feet requirement identified in the arborist
report.
Public Works and Utilities Department (Environmental Services)
35. The applicant shall submit to the City a complete landscape and irrigation documentation package
consisting of all the required elements found in the Landscape Water Use Efficiency Standards located
in Petaluma Municipal Code (PMC) Section 15.17.050.
Fire Department
36. PMC 17.20 903.2 Where required. Approved automatic fire sprinkler systems in new buildings and
structures shall be provided in locations described in this section. Additional local requirements are
described in Section 903.2.1 through 09.2.19.1.2 and may supersede the following requirements. The
most restrictive requirements shall apply.
a. Installation of 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.
Planning Commission Resolution No, 2019-22 Page 10
Building Division
37. The project shall comply with current codes. The project requires complete review with building permit
applications,
Planning Commission Resolution No, 2019-22 Page 11