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HomeMy WebLinkAboutResolution 2009-033 N.C.S. 03/16/2009 Resolution No. 2009-033 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL DENYING THE APPEAL BY SCOT STEGEMAN ON BEHALF OF ALICIA HERRIES AND THE EL ROSE/HAYES LANE COALITION OF THE DECISION OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE TO APPROVE THE NORTHBRIDGE OFFICE PROJECT LOCATED AT 30 EL ROSE, APN 008-480-039 AND APPROVING A CEQA EXEMPTION FOR THE PROJECT WHEREAS, on May 22, June 12 and July 24, 2008, the Site Plan and Architectural Review Committee of the City of Petaluma held public hearings to consider an application for Site Plan and Architectural Review for the Northbridge Office project and. associated site improvements at 30 West El Rose, APN 008-480-039; and, WHEREAS, on July 24, 2008 after considering the public testimony and the application materials, the Site Plan and Architectural Review Committee approved the project with conditions; and, WHEREAS, on August 6, 2008, the City Clerk received a letter of appeal from Scot Stegeman on behalf of Alicia Herries and the El Rose/Hayes Lane Coalition; and, WHEREAS, on September 15, 2008 the Petaluma City Council after considering said appeal and hearing public testimony remanded the proposed project back to the Site Plan and Architectural Review Committee (SPARC) based on conformance with the 2025 General Plan and Implementing Zoning Ordinance; and, WHEREAS, on December 11, 2008, after considering the public testimony and the revised application materials, the Site Plan and Architectural Review Committee (SPARC) approved the project with conditions; and, WHEREAS, on December 23, 2008, an appeal of the December 11, 2008 decision of SPARC was filed by Scot Stegeman representing Alicia Herries and the El Rose/Hayes Lane Coalition; and, WHEREAS, on January 21, 2009 public notice of the February 2, 2009 appeal hearing before the City Council was mailed to all property owners and residents within 500 feet of the subject property and to all other interested parties, and a notice of the February 2, 2009 appeal hearing before the City Council was published in the Argus-Courier on January 22, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council, based on duly noticed public hearings on February 2 and March 16, 2009 and related comments and testimony, fully considered al] evidence presented at the public hearing of this appeal, as well as all oral and written evidence contained in the full record of proceedings on this matter, and on that basis, as well as the additional conditions of approval added hereto, denies the appeal of Alicia Herries and the El Rose/Hayes Lane Coalition filed with the City on December 23, 2008 ("Second Resolution No. 2009-033 N.C.S. Page 1 Appeal"), challenging approval of the Northbridge Office Project located at 30 West El Rose Drive, APN 008-480-039 ("the project"). BE IT FURT>FIER RESOLVED that the project is exempt from the California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations, Chapter 3, (CEQA Guidelines") 15301 (e) (2) and/or 15303 (c), and that there are neither unusual circumstances nor a significant cumulative impact on the environment resulting from successive projects of the same type in the same place, so as to create an exception to the use of the exemption pursuant to CEQA Guidelines §§1.5300.2. BE IT FURTI~ER RESOLVED that in adopting CEQA findings for the City of Petaluma General Plan 2025 in Resolution 2008-084 N.C.S. on May 19, 2008, the City Council found that public services and facilities, including water and waste water facilities, were generally available and sufficient to serve build-out ofthe city, including the area in which this project is located. BE IT FURTI~ER RESOLVED that impacts of the project on traffic are less than significant based on detailed information and reports prepared by the city's traffic engineer and as conditioned by the City Council on March 16, 2009; BE IT FURTIFIER RESOLVED that the City Council, based on the evidence and testimony in the public record and from the public hearings on February 2 and March 16, 2009 , adopts the following findings and associated conditions of approval of the project as a basis for its denial of the Second Appeal and approval of the CEQA exemption for the project: Findin~s• 1. The project as conditioned will conform to the intent, goals and policies of the City of Petaluma General Plan 2025. The General Plan contains objectives and policies which encourage the use of commercial lands for economic activities that contribute to local employment and income and which encourages small and locally owned businesses. The proposed project meets the intent of the following General Plan Policies and Programs: 1-P-1 Promote a range of land uses at densities and intensities to serve the community needs within the Urban Growth Boundary (UGB). 1-P-2 Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. 1-P-7 Encourage flexibility in building form and in the nature of activities to allow for innovation and the ability to change over time. Goal 9-G-1: Economic Health & Sustainability. Establish a diverse and sustainable local economy that meets the needs of the community's residents and employers. 9-P-2 Ensure new commercial development will have a net positive impact on Petaluma's economy, existing business, city finances and quality of life. 9-P-3 Provide an array of employment opportunities to existing and future residents by assuring diversity in Petaluma's industry and enterprise mix. 9-P-9 Incorporate sustainability as a characteristic of Petaluma's image. 2. The proposed modifications as conditioned by the City Council on March 16, 2009, will not constitute a nuisance or be detrimental to the public welfare of the community Resolution No. 2009-033 N.C.S. Page 2 because it will be operated in conformance with-the Performance Standards specified in the Uniform Building Code and the Petaluma Implementing Zoning Ordinance. 3. The proposed structure and site plan, as conditioned, by the Site Plan and Architectural Review Committee on December 11, 2008 and by the City Council on March 16, 2009, conforms to the requirements of Site Plan and Architecture Review Standards for Review of Applications 24.010 (G) of the 2008 Implementing Zoning Ordinance as: a. Quality materials are used appropriately and the addition is in harmony and proportion to the existing residences and surrounding structures, b. The architectural style is appropriate for the addition and is compatible with the existing residence and other structures in the immediate neighborhood, c. The siting of the addition structure is comparable to the siting of other structures in the immediate neighborhood, and d. The bulk, height, and color of the addition is comparable to the bulk, height, and color of other structures in the immediate neighborhood. 4. The landscaping as conditioned by the Site Plan and Architectural Review Committee on December 11, 2008 and by the City Council on March 16, 2009, conforms to the requirements of Site Plan and Architecture Review Standards for Review of Applications 24.010 (G) (2) and is in keeping with the character and design of the site. Existing trees are being preserved and shall not be removed unless approved by the Committee and/or pursuant to the landscaping plan. 5. Ingress, egress, internal traffic circulation, off-street facilities and pedestrian ways as conditioned, conforms to the requirements of Site Plan and Architecture Review Standards for Review of Applications 24.010 (G) (3). As ingress, egress, internal traffic circulation, and off-street facilities is an existing condition the project as conditioned by the City Council on March 16, 2009, does not create additional safety or inconvenience and conforms to approved City standards. 6. The proposed project is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 California Code of Regulations, Chapter 3 ("CEQA Guidelines"), § ] 5301(e)(2), which allows for minor alterations of existing public or private structures as well as minor additions because the addition will not result in an increase of more than 10,000 square feet, the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the project. is located in an area that is not environmentally sensitive. There are no unusual circumstances nor is there a significant cumulative. impact on the environment resulting from successive projects of the same type in the same place, so as to create an exception to the use of the exemption pursuant to CEQA Guidelines § 15300.2. Kesolution No. 2009-033 N.C.S, Page 3 Conditions of Approval: From the Planning Iivision: 1. Plans submitted for a building permit shall be in substantial conformance to the plans approved by the SPARC on December 11, 2008 and date stamped December 1, 2008, by the City of Petaluma and as further modified by the conditions of approval adopted by the City Council on March 16, 2009 2. Plans submitted for building permit shall include a plan sheet, which shall contain all conditions of approval for review by the Community Development Department-Planning Division. 3. The windows on the north elevation shall have a 39" sill height on plans submitted for building permit. 4. The trash enclosure is not approved in its proposed location as it does not conform to the required setbacks for detached accessory structures. Plans submitted for building permit shall include a revised location/design for the trash enclosure. Said trash enclosure shall be located on the east elevation (on the side adjacent to the medical offices property) and shall be reviewed and approved by staff. 5. Plans submitted for building permit shall illustrate parking for three bicycles (under cover) per the bike plan. Said bike rack shall be inverted U bike rack(s) per the bike plan. 6. This project is subject to the City of Petaluma's Public Art Ordinance (Ordinance NCS 2022). Prior to the issuance of a building permit for any "construction or reconstruction project" as defined in the Public Art Ordinance, the applicant shall submit a completed Public Art Compliance Form to demonstrate the anticipated manner of compliance with the Public Art Ordinance. 7. All construction activities shall be limited to 8:00 a.m. to 5:30 p.m. Monday through Friday. Only interior work, within closed framed walls, is allowed on Saturdays between 10:00 a.m. to 5:00 p.m. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City for additional hours and/or days. 8. All outdoor mechanical equipment, satellite dishes, fire main and all rooftop equipment shall be shown on plans submitted for building permit and shall be fully visually screened to the satisfaction of the Community Development Department-Planning Division. As conditioned by the City Council on March 16, 2009, it shall be demonstrated by the applicant that the mechanical equipment (indoor and outdoor) will not exceed the applicable noise performance standards of the 2008 Implementing Zoning Ordinance. Appropriate documentation information shall be provided by the applicant for review by the Community Development Department-Planning Division. 9. Signs are not approved as part of this approval. The applicant shall apply for a separate sign permit. Sign permits must be obtained through the Community Development Department-Building Division, and be designed to conform to the 2008 Implementing Zoning Ordinance specifications. Resolution No. 2009-033 N.C.S. Page 4 10. The applicant shall be subject to the Water and Wastewater Capacity Fees; the following Development Impact fees: Storm Drain, School Facilities and Traffic Mitigation fees; the Public Art fee (per the Public Art Ordinance, Ordinance No. 2202) and Commercial Linkage fee. Said fees are due at time of issuance of building permit at which time, other pertinent fees that may be applicable to the proposed project may be required. 11. Any proposed exterior lighting fixtures shall be shown on building permit plans and shall be subject to staff review and approval at time of building permit. All lights to the building shall provide a "soft wash" of light against the wall and shall be directed downward and shall conform to City Performance Standards. As conditioned by the City Council on March 16, 2009, exterior lighting for the rear of the building shall be installed and controlled to minimize the impacts to the adjoining neighbors. 12. The applicant shall be required to utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management Techniques for the protection of pedestrians bicyclists. The applicant shall be required, when pesticide/herbicide use occurs, to post appropriate signs warning pedestrians. 13. Within 90 days of the project approval, the project applicant and the adjacent neighboring property owners of 16 and 22 Nob Hill Terrace shall enter into a maintenance agreement which will allow the project applicant and neighboring property owners to access each other's property to maintain the fence and landscaping. Said agreement will also allow the adjacent property owner of 22 Nob Hill Terrace to access the property of 30 West El Rose to maintain their existing structure. The agreement shall provide for controlled access with reasonable notification of the property owners. The agreement shall be recorded with the Sonoma County Recorder's office upon approval and execution by the applicant and property owners of 16 and 22 Nob Hill Terrace. This condition of approval shall be null and void and terminated if the maintenance agreement, which must be of mutual satisfaction to both parties, is not recorded within 100 days of project approval. 14. Within 90 days of the project approval, the project applicant and the adjacent neighboring property owners of 16 and 22 Nob Hill ,shall make a reasonable effort to agree on a specific evergreen tree to be planted for screening purposes at the rear of the building. Said discussion with neighboring property owners shall include consultation with the neighboring property owners on the height of the existing ivy and any additional landscaping at the rear of the building. This condition of approval shall be null and void and terminated unless a letter of acknowledgement/agreement between the applicant and neighboring property owners of 16 and 22 Nob Hill, describing the agreed upon landscape screening, is provided to the Community Development Department-Planning Division within 100 days of project approval. 15. Prior to final inspection/certificate of occupancy, signage shall be placed on the property requiring that the parking at the rear of the building shall be dedicated for employees only. 16. Prior to final inspection/certificate of occupancy, signage shall be placed on the property requiring that all deliveries/pick-ups shall occur on-site. Resolution No, 2009-033 N.C.S. Page 5 17. Prior to final inspection/certificate of occupancy, the applicant shall demonstrate for review by the Community Development Department-Planning Division that the proposed project is equivalent to the LEED Silver requirements. 18. A licensed arborist shall be on-site when the trimming of the oak tree occurs to ensure that the trimming is done appropriately as to not damage the existing oak tree. A letter from a licensed arborist shall be submitted to the Community Development Department prior to the trimming of the tree outlining how the work will be performed. The project. is subject to the Tree Preservation section of the 2008 Implementing Zoning Ordinance. From Public Works (En~ineerin~): 19. Repair or replace any broken or displaced sidewalk, curb and gutter along the entire frontage. 20. The drainage area west of the existing building, between the property line and driveway, shall be directed to the front parking lot. 21. Construct a curb along the rear parking area to prevent lot to lot surface drainage onto the adjacent parcel identified as 16 NOB Hill Terrace (APN 008-342-025). 22. Re-grade rear of property to prevent lot-to-lot surface drainage onto the adjacent parcel identified as 22 Nob Hill Terrace (APN 008-342-024. 23. Direct the entire runoff from the roof to El Rose Drive as proposed in the drainage report. 24. As conditioned by City Council on March 16, 2009, plans submitted for building permit shall include a sump pump for review by the Public Works Department-City Engineer. Said sump pump shall be located approximately in the southeast corner of the site to collect storm and discharge storm water runoff into the public storm drain system within West. El Rose Street. From Public Works (Trafific Engineer) 25. All new on-site parking shall be designed in accordance with the Parking Design Standards of the Site Plan and. Architectural Review Committee (SPARC) Procedures and Guidelines and the City of Petaluma Implementing Zoning Ordinance. 26. As conditioned by the City Council on March 16, 2009, all existing points of access shall be redirected so that the traffic flow shall be reversed from the existing conditions. Ingress shall be from Hayes Lane and egress shall be from El Rose. Appropriate signage shall be installed to direct the flow of traffic prior to final inspection/certificate of occupancy. The existing parking lot shall be restriped to reflect the new flow of traffic or consideration shall be given to maintaining exiting striping and providing "back in" parking. signage for a left turn only shall be installed.at the West El Rose egress point. Said revisions to the parking lot, ingress and egress shall be on plans submitted for building permit and shall be reviewed and approved by the City Traffic Engineer. As conditioned by the City Council on March 16, 2009, prior to final inspection certificate of occupancy, signage shall be placed at the curve of El Rose/Hayes Resolution No. 2009-033 N.C.S. Vage 6 noting the necessity to reduce speed. through the curve. Location and wording/illustration of said signage shall be reviewed by the City Engineer. 27. The project shall provide or contribute to the provision for Class III bike lane facility along the frontage with West El Rose Drive and Hayes Lane per the adopted Bike Plan. As this route remains largely proposed a route at this time, applicant shall provide "Share the Road" signage on both street frontages. 28. All pedestrian facilities along the project frontage and throughout the site development shall be ADA complaint. 29. The site shall meet the appropriate ADA disabled parking standard, in both number and accommodation. 30. The site shall be improved as such to maintain a minimum stopping sight distance for vehicles approaching the project driveways. This shall include, at a minimum: a. Clearing and trimming of existing vegetation and trees within the sight line, with continued maintenance thereof. b. Provision for new low profile ground cover along the crest of the parking lot slope, adjacent to the sidewalk, with continued maintenance thereof. c. On-street parking prohibition along the project frontage, via red curb, for the length of the sight line. From Water Resources & Conservation: 31. Proposed utilities shall be approved by the Department of Water Resources and Conservation and be adequately designed for domestic, fire and irrigation demands. 32. The proposed 12 inch storm drain pipe, on El Rose Drive, shall be increased to 15 inches to comply with city design standards. From the Fire 1Vlarshal: 33. SPRINKLERS- All commercial 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 anormally occupied location in the interior of the building. All systems require 3 set of plans to be submitted to the Fire Marshal's office (FMO) for review and approval. Separate fire underground plans shall also be submitted for review and approval by the FMO. FS-2 34. HAZARDOUS MATERIALS- If any facility or business uses or store chemicals exceeding state threshold planning quantities (55 gallons of a liquid, 200 cubic feet of gas, or 500 lbs of a solid), the facility will need to prepare and submit a Hazardous Materials Business Plan pursuant to Health and Safety 6.95 and the California Fire Code. Resolution No. 2009-033 N.C.S. Page 7 A completed plan must be submitted prior bringing hazardous materials onsite. Forms and guidance are available from the Fire Marshal's office. In addition, all hazardous materials storage locations will be required to have secondary containment and NFPA 704 placards (firefighter diamond) denoting expected hazards. Standard SPARC Conditions of A royal 35. The applicants/developers shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul 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. 36. Public utility access and easement locations and widths shall be subject to approval by all applicable utility and service companies and the City Engineer and shall be shown on the plans. 37. The site shall be kept cleared at all times of all garbage and debris. No outdoor storage shall be permitted. 38. All improvements and grading shall comply with the Sonoma County Water Agency's Design Criteria. 39. All work within the public right-of--way requires an excavation permit from Public Works. 40. All planting shall be maintained. in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials. 41. All conditions of the Community Development Department-Building Division, Public Works Department-Development Engineering Division and Fire Marshal's office shall be adhered to. 42. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code Performance Standards (noise, dust, odor, etc.). 43. At no time shall future business activities exceed Performance Standards specified in the Uniform Building Code, the 2008 Implementing Zoning Ordinance, and the 2025 City of Petaluma General Plan. Resolution No. 2009-033 N.C.S. Page 8 44. External downspouts shall be painted to match background-building colors. Scuppers without drainage pipes may not be installed because of probable staining of walls (overflow scuppers are accepted). Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Ap o ~ as to Council of the City of Petaluma at a Regular meeting on the 16`h day of March, f 2009, by the following vote: City Attorney AYES: Vice Mayor Barrett, I-lealy, Rabbitt, Renee NOES: Glass, Mayor'forliatt ABSENT: None , ABSTAIN: Harris ~ ATTEST: ~ G ~ City Clerk Mayor Resolution No. 2009-033 N.C.S. Page 9