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HomeMy WebLinkAboutResolution 2009-076 N.C.S. 06/01/2009Resolution No. 2009-076 N.C.S. of the City of Petaluma, California APPROVING THE UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE LOGAN PLACE PLANNED UNIT DEVELOPMENT, APN 019-020-013 WHEREAS, the Planning Commission filed with the City Council its report set forth in its minutes of April 14, 2009, recommending approval of a Unit Development Plan and Development Standards for the Logan Place Planned Unit Development ("the Project"); and WHEREAS, the City Council held a noticed public hearing on said Unit Development Plan and. Development Standards on May 18, 2009; and WHEREAS, on May 18, 2009, in compliance with the California Environmental Quality Act (CEQA), 14 California Code of Regulations Sections 15000 et seq. (CEQA Guidelines) and the City of Petaluma Environmental Guidelines, the City Council adopted Resolution No. 2009- 072 N.C.S., adopting a mitigated negative declaration of environmental effect for the Project. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find: The Plan clearly results in a more desirable use of land and in a better physical environment than would be possible under any single zoning district. Creating a neighborhood at 25.3 units to the acre with ample, usable, and centrally located open and community space (rather than requiring more parking than needed or one type of height separation when another type will serve as well}, makes the development of this land under the Logan Place PUD more desirable than development under standard MU 1 a zoning. Furthermore, the resultant 66 units will rent at a rate affordable for those earning 30% to 60% of the area median income and will be affordable for at least 55 years, furthering the City's affordable housing goals. 2. The PUD District is proposed on property which has a suitable relationship to one or more thoroughfares, and said thoroughfare is ade yuate to carry any additional traffic generated by the development. The Project sits directly on Petaluma Boulevard North and access to the 66 apartment units will be via one of two proposed or existing driveways. The traffic impact study prepared for the proposed project concluded that the levels of service (LOS) at the studied intersection would be unchanged at LOS A, in the existing condition, if project traffic were added. The study also concluded that the intersection would be at LOS C in the morning and LOS D in the evening under both the future conditions scenario and the future plus project conditions scenario. In conclusion, when the subject site is fully developed, the study intersection is expected to operate at the same level in both the existing and the projected future condition, with or without the project. Resolution No. 2009-076 N.C.S. Page 3. The plan for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and adequate landscaping and/or screening is included if necessary to insure compatibility. SPARC was supportive of the preliminary site plan. The project's preliminary landscaping plan calls for trees to be planted along all of the property lines that adjoin existing uses as well as Petaluma Boulevard North. 4. The natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan. The project site lacks any significant natural or scenic qualities, with the exception of the 0.05-acre wetlands which fall under the jurisdiction of the Army Corps of Engineers, who, in a letter dated August 2009, permitted the wetlands to be filled, based on conditions that include purchase of the equivalent amount of seasonal wetland credits. The site plan proposes many amenities including large outdoor common areas, a turf play area, two play structures, a sportlbasketball court, and an indoor community room with a kitchen. A third of the apartments will have a private deck or patio. 5. The development of the subject property, in the manner proposed by the applicant, 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. An Initial Study that evaluated potential environmental impacts associated with the project determined that no significant unmitigated environmental effects would result from this proposal. The project will help the City meet its goals for providing affordable housing for families and individual. It is consistent with the Zoning Ordinance, General Plan, and Housing Element. BE IT FURTHER RESOLVED that this Resolution shall become effective upon the effective date of Ordinance No. 2325 N.C.S., Approval of Rezoning to a Planned Unit District (PUD) for Logan Place," which is thirty (30) days after the date of the adoption of said ordinance by the Petaluma City Council. BE IT FURTHER RESOLVED that the City Council does hereby approve, pursuant to the provisions of Zoning Ordinance No. 2300 N.C.S. and based upon the evidence contained in the record of proceedings and/or received at or before the hearing of this matter, the Logan Place Unit Development Plan set forth in Exhibit A and the Development Standards for the Logan Place Planned Unit District set forth in Exhibit B, subject to the conditions set forth below. Resolution No. 2009-076 N.C.S. Page 2 CONDITIONS OF APPROVAL Logan Place Planned Unit Development 1200 Petaluma Boulevard North, APN 007-020-013 Project 08-SPC-0525-CR From the Planning Division (778-4301) 1. Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions of Approval and the Mitigation Measures as notes. The plans submitted for building permit review shall be in substantial compliance with the Unit Development Plan date stamped April 6, 2009. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Logan Place are herein incorporated by reference as conditions of project approval. 4. Upon approval by the City Council, the applicant shall pay the Notice of Determination fee to the Planning Division. The check shall be made payable to the County Clerk. Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days of receiving Council approval. The State Department of Fish and Game has eliminated the fee exemption for projects determined to have a de minimis effect on fish and wildlife and requires that an environmental filing fee be paid, (as required under Fish and Game Code Section 711.4d) to the Sonoma County Clerk on or before the filing of the Notice of Determination (as of January 2009, the fee is $1,993, contact them at 944- 5500 to confirm). Prior to building permit approval, the plans shall note the installation of high efficiency heating equipment (90% or higher heating/furnaces) and low NOx water heaters (40 or less) in compliance with policy 4-P-15D (reducing emissions in residential units). 6. Prior to building or grading permit approval, all plans shall note the following and all construction contracts shall include the same requirements (or measures shown to be equally effective, as approved by Community Development Department), in compliance with General Plan policy 4-P-16: • Maintain construction equipment engines in good condition and in proper tune per manufacturer's specification for the duration of construction; • Minimize idling time of construction related equipment, including heavy-duty equipment, motor vehicles, and portable equipment; • Use alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline); • Use add-on control devices such as diesel oxidation catalysts or particulate filters; • Use diesel equipment that meets the ARB's 2000 or newer certification standard for off-road heavy-duty diesel engines; • Phase construction of the project; and • Limit the hours of operation of heavy duty equipment. Resolution No. 2009-076 N.C.S. Page 3 7. Prior to SPARC review, the applicant shall submit the GreenPoints Checklist showing that the project is designed to achieve 140 GreenPoints under the Multi-family Build It Green program. Prior to building permit issuance, the Checklist shall be submitted and the building permit plans shall depict/note the relevant measures. Prior to building permit final, the project (or each unit or building) shall be GreenPoint Rated for 140 points. 8. Prior to issuance of any grading or building permits, Site Plan and Architectural Review Committee shall review and approve site plan design, building design, PUD Development Standards, colors and materials, landscaping, signage, and lighting. Specifically, SPARC shall: a. Ensure good quality lighting near the exterior bicycle rack locations. b. Review circulation signage and require PBAC's direction that: ® Clear and visible signage is located at the southern, shared-use driveway to alert drivers to the possibility of encountering bicyclists and pedestrians when exiting and entering the site. ® Cautionary pedestrian signage for vehicular drivers needs to be optimally visible to drivers. ® Cautionary vehicular signage for pedestrians needs to optimally visible to pedestrians and cyclists. c. Ensure that the southern driveway is designed and signed to discourage non-:resident vehicles from entering project site at this driveway. d. Consider white or light colored roofing material ("cool roofs") on roofs not used for solar purposes. e. Reduce the potential heat island effect coming. off the parking lot behind the podium building by using light colored materials on the ground or by using shade trees or shade structures (perhaps solar shades) over the asphalt. £ Look at tree design as a means of reducing heat gain to the buildings and look at incorporating some fruit trees into the landscape plan. g. Consider the incorporation of some larger balconies. h. Pay special attention to the color and materials of the podium building. 9. All lighting shall be glare-free, hooded, and downcast in order to prevent glare into bicyclists' and pedestrians' eyes. 10. Should use of the southerly driveway result in safety concerns, the City may limit access at this driveway to right turns in and out. 11. No fence along the northern property line is required. A gate to The Bounty Farm (along the southern boundary) is required. 12. The following points taken from .Burbank Housing's May 4th letter to Mike Estournes of Lakeville Auto Body (Attachment 3) are hereby added as conditions: a. The shared driveway shall be "de-emphasized" as a Logan Place entry. There will not be a Logan Place sign at the entrance to the shared driveway. b. If approved by SPARC, signage will be placed in the shared driveway stating that there is no Logan Place guest parking available from the southerly driveway. If, at Resolution No. 2009-076 N.C.S. Page 4 the time of the SPARC hearing, Lakeville Auto Body desires it and SPARC approves it, the applicant. shall paint "No Logan Place guest parking" on the shared driveway. c. The 39 parking spaces accessible from the shared driveway shall be assigned to tenants. d. An addendum shall be included in the standard tenant lease informing all new residents that the northerly driveway is the only access point for visitors and that all visitor parking spots are available only through the northerly driveway. The addendum will also acknowledge the abutting location of an auto body facility and note that in the normal course of business there may be some noise. e. The Logan Place resident manager will work closely with Lakeville Auto Body staff to monitor the shared driveway and if necessary, advise and warn Logan residents if any use a Lakeville parking spot. f. If desired by Lakeville Auto Body, the Logan Place applicant is willing to provide a reasonable amount of additional signage on the Lakeville Auto Body site, including parking warnings on each Lakeville parking stall, prior to completion. of Logan Place. 13. 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 Native American community shall also be notified and consulted in the event any archaeological remains are uncovered. 14. 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 applicable law. To the extent permitted by applicable law, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all 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 applicant of any such claim, action or proceeding concerning the Project. 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 law. From the En ineering Division (778-4301): Prior to issuance of a building permit (unless otherwise noted), the .following conditions shall be addressed. 15. Prior to building permit approval, an Irrevocable Offer of Dedication for pedestrian and bicycle through travel along the northern driveway from Petaluma Boulevard North to the eastern property boundary shall be submitted to the City. City staff shall be responsible for processing and recording the irrevocable offer of dedication. 16. Prior to final inspection, the applicant shall reimburse the owner of Lakeville Autobody for any oversized components of utilities that will be used to serve the Logan Place development. The applicant shall coordinate directly with the owner of Lakeville Resolution No. 2009-076 N.C.S. Page 5 Autobody and provide the City sufficient evidence that any necessary paybacks have occurred. 17. Frontage improvements shall be installed per the civil engineering site plan set dated April 6, 2009 including, but not limited to, new concrete, sidewalk removal and replacement of broken curb and gutter, pedestrian ramps, streetlights, crosswalks, landscaping, fire hydrants, etc. 18. All existing overhead utilities along the project frontage or traversing the site shall be placed underground. 19. The necessary right of way shall be dedicated along the Petaluma Blvd. North project frontage to the City of Petaluma. 20. An emergency vehicle access easement is required along the northern parking lot drive aisle from Petaluma Blvd. North to the rear property line. 21. Grade conforms along the project frontage shall conform to the existing street section/bike lane to the satisfaction of the City Engineer. Striping and pavement marking shall be replaced in kind. 22. The project shall provide for zero net storm water runoff for the 10-year event to the adjacent lands of Stonitsch and property located at 41 Shasta Avenue. 23. Sonoma County Water Agency and Zone IIA review and approval is required. 24. Site work shall generally conform to the site improvements as shown on the plans provided with the application. 25. All work shall conform to the latest City standards. 26. All improvements shall be ADA accessible. All new pedestrian ramps shall have detectible warning surfaces (truncated domes) installed. 27. Gallons per minute data for the proposed project shall be provided for the purposes of sizing the domestic. water meter and supply line. City standard backflow prevention, by- pass meter, control valves, etc shall be installed at the service connection to the existing water main. 28. Prior to final inspection/issuance of a certificate of occupancy, the developer shall enter into a City sub-metering agreement for domestic water supply. 29. All existing unused water and sewer mains shall be identified on construction drawings and abandoned per City standards. 30. The developer shall comply with the City's phase II storm water management plan including submittal of a notice of .intent and storm water pollution prevention plan to the State and City. Resolution No. 2009-076 N.C.S. Page 6 31. Joint trench plans are required with the building permit/public improvement plan submittal. 32. Prior to final inspection/issuance of a certificate of occupancy, all public improvement work shall be completed. 33. Maintenance declarations shall be provided for shared facilities. 34. All new on-site storm drain water and sewer shall be privately owned and maintained. 35. A public improvement plan application is required for all frontage work and all on-site work within public easements. A public improvement agreement package including necessary bonds and insurance is required. From the Fire Marshal 778-4398 36. Prior to building permit issuance, ensure that the angle of approach/departure meets the Department's ladder truck clearances (the gradient for the north entry fire apparatus access road at approximately 12% is acceptable). 37. Prior to building permit issuance, submit detail for "speed bumps" along the north access for Departmental review and approval. 38. The basketball court near the south side access drive shall remain open and clear and final design is subject to the review and approval of the Fire and Public Works Departments. 39. Prior to issuance of the building permit, proof of the required fire flow shall be provided to the Fire Marshal's office. The FMO will not accept less than minimum fire flow and pressure and it will be the developer's responsibility to make private and/or public improvements to the system to meet the water flow demand of the project. Minimum fire flow for buildings shall be calculated as specified in the 2007 California Fire Code Appendix B, "Fire Flow Requirements for Buildings. Please be advised that if building fire flow calculations cannot be made at the time of project submittal, the following fire flows shall apply: Single- and Two-Family Residential: 1500 GPM at 20 psi residual. 40. Prior to issuance of the building permit, the plans shall note the size of the fire line, and it shall meet the fire flow requirements of the sprinkler system design. 41. All building/s (or portions thereof) shall be protected by an automatic fire sprinkler system as required by the City of Petaluma Municipal Code and shall conform to NFPA 13 requirements. The fire sprinkler system shall be provided with central station alarm system designed in accordance with NFPA 72. A local alarm shall be provided on the exterior of the building AND a normally occupied location in the interior of the building. All systems require three sets of plans to be submitted to the Fire Marshal's office for review and approval. Resolution No: 2009-076 N.C.S. Page 7 From the Water Resources and Conservation Department (778-4699) 42. Prior to SPARC review, the landscape plans shall be submitted to the Department for Water Conservation Ordinance review and direction. 43. Prior to building permit issuance, the landscape plans shall be submitted to the Department for Water Conservation Ordinance review and approval. 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 Appro ed as Council of the City of Petaluma at a Regular meeting on the I" day of June, 2009, f m: by the following vote: City Atto rn AYES: NOES: .__,,~ ABSENT: ~ A "' r - ~ l J~ ~ ABSTAIN: _ - i ~ ~ I a ~~~ • r ATTEST: f `"' r~~ .- t, ~~'1. City Clerk Mayor Resolution No. 2009-076 N.C.S. Page 8 CD ~_ z N O O O J z 'l7 W QQ (D THIS IS A PROPQAL FOR A PLANNED UNIT DISTRICT BECAUSE THE PROJECT DOES NOT CONFORM WITH MU1 ZONING IN 7W0 AAEAB: 1. PARKING MUI ZONING REOUIREMEMS: la1 BEDROOMS = tot PARKING STALLS PROPOSED STANDARDS: tat BEDFt00MS e 123 PARKING STALLS 2. BUIIDiNGHEIGHT MU] ZONNG AEOUIREMENTS: PRMCIPAL BURRING ~ 30 FT. WHEN MORE THAN 90 FT FROM ABLTTTINGPROPfRTY UNf, ONE ADDITIONAL FOOT OF HEIGHT75 PfRh41TTE0WlTH EACH ADDITIONAL FOOT OF SfTBACX OVER 30 FT. FOR AMAK/AAUM HEIGMOF 45 FT. ACCESSORY $TRUCTURE~20 FT. PPOPQSED STANDARDS: PODIUM BUILDING ~ a5 FT. BU0.DIN0 7 38 FT, BUILDING 2~e 35 FT ACCESSORY STRUCTURE - 75 FT. LOGAN PLACE PROJECT NUMBER: 298083 MTE: 0326.p9 a .w. •••mn w~ ~2 ~., ~ . ~~~ ~ ~a w ...~.,:~ a.a . .~'tlNS~+s~t?a: ~t1~47 '~ - rw~_ I wi ~-~ h T)r h ... 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E~ u c...na. - raor~tew tawa, e, !iwc+w~. ire.r~n. waea , am csvaay~ y I a a a d o ..w uti I ,i_ wry. i. ~ M•1pPi Nwh ~fY%T'~nl ~PMVOt~`I.MlA1~a4.4wEwR.: Ct•69••,ev l'SAEMYT39r'.MkY.I_ ..__ y FROM TABLE 4.10 -MIXED USE DISTRICT DEVELOPMENT STANDARDS EX~IIBI'I' Development Feature MU1 Logan Place PUD Use See IZO Table 4.3 Multy Family Residential Meeting Hall for use of Logan Place residents Lot Size Minimum area and width for each lot in a newsubdivision Minimum area NA 2.61 acre Minimum width NA 243.58' Minimum depth NA 531.83' SetBacks Minimum setbacks required. See Chap ter 12 for modifications, Primary reductions, and encroachments. See C hapter 7 for any setback requirements applicable ?o a specific la gnd use Front 0 ft. 0 ft. Side -Interior (each) 0 ft. Podium = 19 ft. Abutting an R district: 15 ft. plus 1 foot of additional setback Building 1-4 = 9 ft. for ea. ft, of building height over 20 ft. Side -Street side 0 ft. NA Rear 0 ft. 24 ft. Abutting an R district: 15 ft. plus 1 foot of additional setback for ea. ft. of building height over 20 ft. Garage front NA NA Setbacks Detached accessory structures Front Not permitted in front setback Not permitted in front setback Side -Interior (each) 4 ft. 4 ft. Side -Street side 10 ft. NA Rear 5 ft. 5 ft. Site Coverage F/oorArea Ratio_ Site Coverage Floor Area Ratio. Site Coverage 2.5 FAR 80% 0.88 FAR 26% 100% for structured parking Height Limit Maximum allowable height of structures. See glossary (chapter 27) for height Maximum Height measurements requirements, and Chapter 12 for height limit modifications Principal Building 30 ft. Podium 45 ft. Building 1 38 ft. When more than 30 ft. from abutting Building 2-4 35 ft. property line, one additional foot of height is permitted with each additional foot of setback over 30 ft. for a maximum height of 45 ft. Accessory Structure 20 ft. 15 ft. Usable Open Space 30 sq. ft. /unit Min. of 7250 sq. ft. of usable Usable common space common space = 110 sq.ft./unit is strongly encouraged 1/3 of all units shall have private open space at min. of 20 sq. ft. Min_ depth of this space shall be 3 ft. Min. depth of this space shall be 3 ft. Fencing & See Zoning Ordinance As shown on Landscaping Chapters 13 & 14 Landscape 8~ Civil Plans Parking 123 spaces/141 bedr/66 units 1 space per bedroom per Chapter 11 0.87/bedr 1.86/unit Signs See zonin Or i an e As shown on Landscap