HomeMy WebLinkAboutPlanning Commission Resolution 2011-07 12/15/2011 RESOLUTION NO. 2011 -07
CITY OF PETALUMA PLANNING COMMISSION
DENYING THE APPEAL BY LAURIE MURPHY OF THE
ADMINISTRATIVE DECISION TO APPROVE A PLANNED UNIT DISTRICT AMENDMENT
TO THE SOUTHGATE PUD AND SITE PLAN & ARCHITECTURAL REVIEW
AND ALLOWING 17 SINGLE-STORY UNITS IN THE APPROVED PUD
File No. 11-APL-0849
WHEREAS, on August 18, 2011 Derek Pampe of DeNova Homes submitted an application for
a Planned Unit District Amendment and Site Plan Architectural Review to allow for a new single-
story unit to be introduced into the Southgate Subdivision, Phases I, II and II, located east of Frates
Road and between Lakeville Highway and Ely Road; and,
WHEREAS, on October 24, 2011 the City granted approval of a Minor PUD Amendment and
Administrative Site Plan & Architectural review for the introduction of a single story unit type within
the Southgate Subdivision; and,
WHEREAS, on November 7, 2011 a letter of appeal was filed by Laurie Murphy; and,
WHEREAS, on or before November 10, 2011, public notice of the administrative action was
published in the Argus-Courier and mailed to all residents and property owners within 500 feet of
the project; and,
WHEREAS, on December 1, 2011 public notice of the hearing for the appeal before the
Planning Commission was published in the Argus-Courier and mailed to all property owners and
occupants within 500 feet of the subject property.
NOW THEREFORE BE IT RESOLVED that on December 13, 2011, the Planning Commission, fully
considered all evidence presented before and at the duly noticed public hearing in this matter, and
on the basis of said evidence and the record of proceedings herein, denies the appeal of Laurie
Murphy filed with the City Clerk on November 7, 2011 challenging administrative approval of a PUD
Amendment and SPAR for introduction of a single-story model to the approved housing plans in the
Southgate Subdivision and authorizes 17 single story units to be constructed pursuant to Conditon 1
of the Conditions of Approval set forth below.
BE IT FURTHER RESOLVED that the Planning Commission, adopts the following findings
and associated conditions of approval of the project:
1. The proposed project can be seen with certainty to have no possibility of creating a
significant effect on the environment and is determined to be to be exempt from CEQA
under CEQA Guidelines Section 15061 (b)(3), based on the analysis in the staff report
"Environmental Review" section and the full record of proceedings.
2. The proposed project is consistent with the Low Residential General Plan land use
designation in that single family homes are allowed, the proposed project does not increase
the density of the approved subdivision, and the proposed project does not create
additional lots.
Planning Commission Resolution No.2011-07 Page I
3. The proposed project, as conditioned is consistent with the Southgate Planned Unit District
(PUD) regulations in that the new proposed single story homes meet the height, setback,
and lot coverage requirements of the approved Southgate PUD. The proposed minor PUD
amendment introduces a new single story unit (Plan 12) to the approved house plans within
the Southgate subdivision, therefore adding to the mix or type of approved homes within
the subdivision and adding to the diversity of the subdivision. As proposed seventeen of the
remaining un-built lots, spread throughout Phases I, II, and III have been identified for the
new single story residences. The proposed exterior elevations of the single story units are
consistent in style, colors, and materials with the units originally approved units in the original
development. Approved setbacks/building envelopes are maintained per original
approvals as well as the parking requirements.
4. The proposed modifications are in keeping with the original approval, in that, the requested
modifications are in conformance with the approved setback and height requirements, the
architectural style/design is in keeping with the originally approved subdivision as are the
proposed colors and materials. The single story residences would include modern
architecture detailing as well as the use of stucco, horizontal siding with stone and shingle
accents, consistent with what has been approved constructed. The design includes
attached garages which will be set back from the front facade/entry. The proposed colors
are neutral; again consistent with the originally approved colors of the subdivisions. The
introduction of a single-story model adds to the mix of the type of housing units within the
subdivision therefore creating a more aesthetically diverse subdivision.
5. The proposed project, as conditioned, is consistent with the following requirements for
amendments to PUD Unit Development Plans contained in Implementing Zoning Ordinance
Section 19.030:
a. The single story unit type is compatible with adjacent and nearby properties and
presents an organized and uniform development pattern. The proposed new single
story model within the Southgate Development adds to the mixture of approved
house types within the subdivision and therefore adds to the diversity of the overall
development. As proposed seventeen of the remaining un-built lots, spread
throughout Phases I, II, and III are identified for the new single story residences. The
proposed single story residences are proposed to be placed on corner lots which will
provide for visual transition along the streetscape. Some of the single story units will
also be placed along the sound wall along Lakeville highway. The proposed exterior
elevations of the single story units are consistent in style, colors, and materials with
the units approved units in the original development.
b. The natural and scenic qualities of the site are protected, and the existing private
and public spaces are not altered as part of the proposed project. Introduction of a
single story unit type within the subdivision does not increase the density as previously
approved, does not alter lotting patterns, street layout, or building envelopes as
originally approved as part of the Southgate Residential Development Project. The
location of the proposed single story homes and the architectural style, setbacks,
heights and parking requirements of new lot type are consistent with the original
subdivision.
c. The development of the subject property as proposed will not be detrimental to the
public welfare, will be in the best interests of the City, and will be in keeping with the
general intent and spirit of the zoning regulations of the City of Petaluma, with the
Petaluma General Plan, and with any applicable plans adopted by the City. The
proposed modification does not increasing approved density of the Southgate
subdivision and adds to the diversity of housing types within that development.
Planning Commission Resolution No.2011-07 Page 2
6. The proposed project, as conditioned, will not constitute a nuisance or be detrimental to the
public welfare of the community in that the project is required to comply with the Uniform
Building Code and the Implementing Zoning Ordinance Performance Standards.
Conditions of Approval
Planning:
1. The approved single story units (Plans 12, Elevations A, B and C) shall be limited to the
following 17 lots: Phase I, Lot #39; Phase II, Lots #1, 5, and 34 and Phase III, Lots #1, 2, 16,
17, 24, 30, 65, 67, 69, 71, 73, 74 and 75, as shown on the Master Site Plan for the Southgate
Subdivision submitted on August 18, 2011, and amended by the applicant at the hearing.
Plans submitted for building permit shall include a Master Site Plan for the entire subdivision
and the associated plotting sheet(s) for the entire subdivision.
2. All setbacks/building envelopes shall be consistent with those approved on the original
development plan approved in 2004 and pursuant to City of Petaluma Resolution No. 2004-
031 N.C.S.
3. The approved exterior elevations of the single story units shall be consistent in style, colors,
and materials with plans submitted on August 18, 2011.
4. These conditions of approval shall be included on the first sheet of building permit plans.
5. Any modifications to the approved plans shall be subject to staff review and approval.
6. Construction hours shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
Construction is prohibited on Saturday, Sunday, and all holidays observed by the City of
Petaluma, except that indoor work that generates little or no noise (painting, plumbing,
electrical, etc.) may be performed on Saturday from 9:00 a.m. to 5:00 p.m.
7. Planning inspection shall be required prior to building permit final inspection/certificate of
occupancy.
8. All applicable conditions of approval for the following resolutions shall remain in effect and
shall be satisfied for the project as specified in their original form:
• City of Petaluma Resolution No. 2005-170 N.C.S., for a Tentative Subdivision Map
• City of Petaluma Resolution No. 2004-031 N.C.S., approving the Planned Unit District
• City of Petaluma Ordinance No. 2226 N.C.S., for a Planned Unit Development
Amendment to allow for Affordable Housing
• City of Petaluma Resolution No. 2004-032 N.C.S. for approval of the Vesting Tentative
Map
• City of Petaluma Resolution No. 2004-029 N.C.S for approval of a Mitigated Negative
Declaration for the Southgate Residential Development.
9. The site shall be kept cleared at all times of all garbage and debris. No outdoor storage shall
be permitted.
10. The applicant shall defend, indemnify and hold harmless the City and its officials, boards,
commissions, agents, officers and employees ("Indemnitees") from any claim, action or
proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of
the.Project to the maximum extent permitted by Government Code section 66474.9. To the
extent permitted by Government Code section 66474.9, the applicant's duty to defend,
indemnify and hold harmless in accordance with this condition shall apply to any and all
Planning Commission Resolution No.2011-07 Page 3
claims, actions or proceedings brought concerning the Project not just such claims, actions
or proceedings brought within the time period provided for in applicable State and/or local
statutes. The City shall promptly notify the subdivider of any such claim, action or
proceeding concerning the subdivision. The City shall cooperate fully in the defense.
Nothing contained in this condition shall prohibit the City from participating in the defense
of any claim, action, or proceeding, and if the City chooses to do so, applicant shall.
reimburse City for attorneys' fees and costs incurred by the City to the maximum extent
permitted by Government Code section 66474.9.
Public Works:
11. Plot plans shall be resubmitted to the Building Division for any modified building footprints,
changes to grade and drainage, etc., as a result of the new single story homes.
Fire Marshal:
12. Fire sprinkler and all other Fire Department conditions contained in the above-listed
resolutions of project approval remain applicable.
Building Division:
13. Compliance with the 2010 Building Standards Code and Cal Green at Tier One as adopted
by the City is required for the new design.
ADOPTED this 13th day of December, 2011 by the following vote:
rCommitteerMember.- ' Aye No^ Absent, 4Abstei
Abercrombie X
Albertson X
2nd Vice Chair Elias X
Herries X
Chair Johansen X
Vice Chair Pierre X
Wolpert X
e �� IZ4IS / Ii
�Jennife Pierre,'Vic - Chair
ATTEST: APPROVED AS TO FORM:
7
4
-other Hines, Comimission Secretary Leslie Thomsen, Assistant City Attorney
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