HomeMy WebLinkAboutResolution 2009-148 N.C.S. 09/14/2009Resolution No. 2009-148 N.C.S.
of the City of Petaluma, California
APPROVING TI~E iJNIT DEVEd_.OPIVIENT PLAN AND
DEVEI.OPIVIEN'I' STANDARDS ~'OR
TI~E BIRCI~ES PLANNED UNIT 1)EVEI,OPIVIEN'~, APN 137-061-022
W~IER~AS, the Planning Commission filed with the City Council its report set forth in
its minutes of March 24 and May 12, 2009, recommending approval of a Unit Development Plan
and Development Standards for the Birches Planned Unit Development ("the Project"); and,
WHEItEAS, the City Council held a noticed public hearing on said Unit Development
Plan and Development Standards on July 6 and August 3, 2009; and,
WI~~~AS, on August 3, 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. 2009-136, N.C.S., adopting a mitigated negative declaration of environmental
effect for the Project.
NOW, THEREFORE B~ IT ItESOLVED 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.
In summary, this project is similar to a project that could be developed under the single
zoning district R4. Development under the PUD will result, both now and in the future,
in a project with larger setbacks abutting the existing residents than required by R4
(except at Lot 4), and therefore development under the PUD appears more compatible
with the existing neighborhood. For the neighborhood, this will result in a better physical
environment than if developed under a standard zoning designation. Furthermore, the
additi~onal project details and the additional regulation about future modifications
represent - to the City and specifically to the nearest neighbors - cause for finding that
development of this land under the Birches PUD is more desirable than development
under standard R4 zoning.
2. The PUD District is proposed on property which has a suitable relationship to one or
more thoroughfares, and said thoroughfare is adequate to carry any additional traffic
generated by the development.
The Project sits directly on Wood Sorrel and Yarberry Drives and access to the 21 single-
family homes will be via a private street that connects between these existing public
streets. The traffic impact study prepared for the proposed project concluded that the
levels~ of service (LOS) at the three studied intersections of North McDowell
Boulevard/Southpoint Boulevard, Wood Sorrel Drive/Southpoint Boulevard, and Wood
Sorrel Drive/Yarberry Drive would be unchanged at LOS A or B, in the existing condition,
if project traffic were to be added. The study also concluded that the three intersections
would be at LOS A or B(Table 5- Traffic Analysis) under both the future conditions
scenario and the future plus project conditions scenario. In conclusion, when the subject
Resolution No. 2009-148 N.C.S. Page 1
site is fully developed as proposed, the study intersections are expected to operate at the
same levels of service in both the existing and the projected future condition with or
without the project, and with only an incremental increase in delay due to these added
project trips. The traffic study also evaluated the proposed circulation and determined that
the sight distances from each proposed street connection is equal to or great than the
Caltrans standard of 275 feet.
3. The plan for the proposed development presents a unified and organized arrangement of
buildzngs 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.
The rear yard setbacks of the proposed single-family units are similar to adjacent
residential subdivisions which were also developed as Planned Unit Districts. Care has
been taken (and conditions adopted) to ensure privacy between the turn-around area and
the nearest property line so that privacy to those back yards is not unduly impacted. Site
Plan and Architectural Review of house and landscaping design will further ensure that
the development arrangement is appropriate to the neighborhood. The PUD
Development Standards will further ensure that the impact of later additions/
modifications is minimized.
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; it is vacant, flat, and
without native or protected trees. Some of the off-site redwood trees are large enough to
be considered protected trees and extra precautions and bonding is required for these.
Each residential lot has between 876 to 1,502 square feet of usable open space, far more
than would be required by R4.
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 utilizes land efficiently by promoting infill development,
at equal or higher density and intensity than surrounding uses, while preserving the overall
scale and character of the established residential neighborhoods. On site, narrow streets
with a sidewalk on each side have been utilized with the aim of creating a pedestrian-
scaled street environment. Extensive street trees are proposed to improve air quality and
aesthetics. The project is consistent with the Zoning Ordinance and General Plan.
NOW, THEREFORE, BE I~ IZESOLVED that this Resolution shall become effective
upon the effective date of Ordinance No. 2343 N.C.S., Approval of Rezoning to a Planned Unit
District (PUD) far The Birches Subdivision, which is thirty (30) days after the date of the
adoption of said ordinance by the Petaluma City Council.
Resolution No. 2009-148 N.C.S. Page 2
BE IT Fi1RT~IEIt RESOLVEI) 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 Birches
Unit Development Plan set forth in Exhibit A and the Development Standards for The Birches
Planned Unit District set forth in Exhibit B, subject to the conditions set forth in Resolution No.
2009-150, N.C.S., approving the Tentative Subdivision Map.
Under the power and authoriry conferred upon this Council by the Chartcr of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appro ~'{d a to
Council of the Gity of Petaluma at a Regular meeting on the 14`h day of ~ f r3~
September, 2009, by the following vote:
AYES:
Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mavor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City
Resolution No. 2009-148 N.C.S. t~3P~ 3
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4. Temporary construction offices in a construction trailer or building on
the site until completion of construction. There may also be a
temporary workshop and storage facility. Said offices, workshops
and/or storage facifities shall be {ocated no closer than 10 feet from a
property iine shared with an existing adjacent residence.
B. Accessory Uses:
1. Private garages and off street temporary parking areas.
2. Private swimming pools and spas consistent with Residential 4 Zoning
District Standards as stated within the Impaementing Zoning
Ordinance, section 7.080.
3. Decks, arbors~ sheds, etc.: see VII.D. below.
4. Home occupations consistent with Implementing Zoning Ordinance
requirements.
5. Other accessory uses and accessory buildings customarily
appurtenant to permitted uses, in accordance with the provisions of the
Petaluma Implementing Zoning Ordinance.
C. Prohibited Uses:
1. All prohibited uses shall be in accordance with Residential 4 Zoning
District Standards as stated within the Implementing Zoning
Ordinance. ~
2. Conversion of garage spaces to living or storage space.
3. Accessory Dwelling Unit
4. Building additions (see WII D for minor modifications allowed). An
owner seeking a building addition would need a PUD amendment
approval (typica{ly minor), per the requirements of the City of Petaluma
Implementing Zoning Ordinance.
III. PROCEDURES
A. The Cify of Petaluma shall review the design, site layout and landscaping
plans prior to issuance of a building permit.
B. Minor modifications to the PUD Development Standards may be approved
in accordance with Section 19.070 of the Implementing Zoning Ordinance.
PUD DEV STDS Final 05019.DOC
Resolution No.2009-148 N.C.S. Page 6
IV. GRADIiVG AND DRAINAGE
A. All grading activities shall be completed prior to October 15th unless
specificaliy approved by the City Engineer. Erosion Control Measures
shali be installed per the satisfaction af fhe City Engineer prior to said
date.
B. All grading and excavation shall conform to the geotechnical investigation
report prepared for this project by Bauer Associates. The project's
geotechnical engineer and the City of Petaluma shall approve the grading
plans.
V. ARCHITECTURAL DESIGPJ
A. The architectural design objectives for The Birches are to create a
community following the Traditional Neighborhood Design concept. The
most important aspect in the TND concept is a pedestrian friendly
neighborhood. The architecture achieves this by pairing homes according
to garage location. The garage in one plan in the pair is forward, while the
garage of the other plan is deeply recessed~ thus forming a"two-pack°
concept. The °two-paclc° concept ensures that the street-scene will not
be dominated by garages. Additionally, all plans include functional front
porches to further promote a pedestrian friendly streetscape. These
porches further promote TND by creating a softer street edge for every
house. Also, all °garage forward° plans will have architectural elements
pulled in front of the garage for varied articulations and massing.
The architectural themes, Craftsman, Bungalow and Cottage, were
chosen to reflect the context of the City of Petaluma. Materials and colors
true to each style are used for each elevation. In the Craftsman theme,
shallow pitched roofs, long overhangs, exposed rafter tails, tapered wood
columns, enhanced gable-end details, out lookers, roof brackets, lapped
sidings, stone veneers, decorative porch railings and other authentic
details are incorporated to further enrich the characteristics of this style.
The Bungalow theme, utilized shallow pitched roofs, extended fascla
detaifs at gable-end roofs, enhanced gable-end trusses, detailed out
lookers~ tapered stone veneer columns with wood posts, tongue and
groove sidings, stone veneers, pot shelf brackets, decorative porch
railings and various trims to further enhance the theme. In the Cottage
theme, steeper roof pitches are used, as well as, wood posts with brick
veneer bases, decorative porch railings, enhanced gable-end louvered
details, Cottage style shutters, mixture of lapped sidings and shingles,
brick veneers and authentic trims. Trellises are added to some of the
°garage forward" plans to further enhance the elevations. Porte-
Cocheres with gates are included in some deep recessed garage plans to
promote privacy and safety for the homeowners. Careful details and
expressive styling will ensure that The Birches will be an attractive and a
valuable addition to the Petaluma.
PUD DEV STDS Fina105019.DOC
Resolution No. 2009-148 N.C.S. Page 7
B. Roofing material shall be class °A" rated ar better high definition
composition shingles. Built-up tar and gravel, cap sheet, single-ply, and
similar roofs are only acceptable if not visible from any surrounding
property.
C. All outdoor mechanical equipment, satellite dishes, fire main.and all
rooftop equipment shall be fully visuaily screened upon instatlation subject e~~~n~h StaE~
to the approval of the ' . Screernng ~
devices shall be shown on construction and/or landscape plans.
D. Solar equipment, panels, or other collectors should give the appearance of
being built-in to the structure. Exposed supports, excessive lengths of
exposed piping, etc., are strongly discouraged.
E. A!1 exterior light fixtures shall be shown on plans subject to staff review
and approval. All lights attached to buildings shall provide a soft'~rvash° of
light against the watl. AI{ lights shall conform to City Performance
Standards (e.g.~ no direct glare, no poles in excess of 20 feet in height,
etc.) and shall compliment building architecture.
VII. LOT SITING AND SETBACKS
A. Minimum Lot size shall be 3,000 square feet. No further subdivision shall
be permitted.
B. Building setbacks shall be as shown on the approved PUD Development
Plan.
C. No, structure shall encroach into any easement shown on the approved
PUD Development Plans.
D. The following improvements are permitted within the designated setback
areas (where outside of any easement, such as the storm drain easement
at the rear of most lots):
On-grade patios into the rear yard usable area (see PUD plan).
Decks not more than 18 inches above grade and steps from the first floor
are permitted into the rear yard usable area (see PUD plan) provided they
do not e~end closer than 3 feet to a property line.
Cover for decks and patios (arbors/gazebos and fhe like - either attached
to or deattached from the house) and trellises are permitted in the rear
yard usable area so long as they do not extend closer than 3 feet to a
property line, do not exceed 10 feet in height, do not exceed 150 square
feet in area, reflect the design theme and use compatible materials and
finishes on the exterior to match the existing residence.
PUD DEV STDS Fina105019.DOC
Resolution No. 2009-148 N.C.S. Page 8
Sheds not more than 9 feet in height provided they do not extend closer
than 3 feet to a property line and do not exceed 50~feet.
sc~,v.3re.
Pools; see section II.B.2 ~
A.C. units within the rear yard usable .area and at least 5 feet to any
property line.
Bay windows on the lower level rear elevation of a depth not greater than
3 feet provided that they do not comprise more than 1/3 the length of that
building wall.
Roof overhangs for a distance not greater than 3 ft provided the projection
shall not exceed'/~ the width of the required setback.
Landscaping, including planters.
Vtli. LANDSCAPE AND FENCING
A. Landscaping and fencing for The Birches shall be as shown on the
approved PUD Master Landscape and Fence Plan.
B. The developers shatl be responsible for installing front yard and street-
side landscaping, irrigation, and project fencing and the maintenance of all
items until takeover by HOA.
C. Future replacement of plants as shown on the PUD Master Landscape
and Fence Plan may be allowed if plants ueed a~e from the proposed p{ant
lists as shown on said plan. 6er~t~ ' Director must
approve modiflcations to the approved plant list.
D. All fence replacement must comply with the PUD Master Landscape and
Fence Plan. Modifications to the approved fence design must be
approved by Staff or SPARC.
E. All trees shall be a minimum of 15 gallons in size unless otherwise
specified; smaller (5 gallon) may be considered in areas not subject to
high pedestrian access or based on site specific and design purposes. All
trees shall be installed to City planting and staking standards. All shrubs
shall be a minimum five-gallon size. All planted areas not improved with
lawn or other groundcover material shall be protected with a three-inch
deep bark mulch as a temporary measure until the groundcover is
established.
F. All plant material shall be served by an automatic underground spray or
stream bubbler irrigation system.
G. All planting on each lot shall be maintained in good growing condition by
the property owner. IVlaintenance of the "common" area will be addressed
through the CC&R's for the project. Such maintenance shall include,
PUD DEV STDS Fina105019.DOC
Resolution No. 2009-148 N.C.S. Page 9
where appropriate, pruning, mowing, weeding, cleaning of debris and
trash, fertilizing and regular watering. Whenever necessary, pianting shall
be replaced with other plant materiats to insure continued compliance with
appiicable landscaping requirements. Required irrigation systems shall be
fully maintained in sound operating condition with heads periodically
c{eaned and replaced when missing to insure continued regular watering
of landscape areas and the health and vitality of landscape materials.
H. A master landscape plan of the street front areas shall be provided to Staff
for approval prior to issuance of a building permit. Front yard and
streetscape landscaping shall be installed prior to issuance of a Certificate
of Occupancy or a bond shall be obtained guaranteeing the installation of
the landscaping at a more weather-permitting time.
I. Linear root barrier systems shall be utilized for trees near public streets,
driveways or walkways as needed, subject t~ City standards.
J. All turf, groundcovers and shrubs shall be kept a minimum of 2' from the
base of al4 newly planted trees.
K. Landscape construction drawings shall contain detailed planting and
irrigation plans for all public area landscaping, subject to City standards.
Plans shall identify all proposed species and plant spacing and shall
include planting details consistent with City standards. Plant qua(ity
specifications shall be provided to the landscape contractor for all public
area street trees and submitted for staff review prior to approvat of
construction permits/public improvements.
L. Underground utilities such as water meters and sewer laterals shall be
placed to avoid conflict with street tree planting locations within the street
righf-of-way. Transformer vaults, fire hydrants and light standards shall be
located in a manner which allows reasonable implementation of the
approved street tree planting plan for the project without compromising
public safety.
M. All work within a public right-of-way requires an excavation permit from the
Department of Public Works.
IX. CONSTRUCTION
A. AI! grading and major dust generating activities, when practical, shall be
conducted in a manner that contains the dust within the immediate
boundaries of the construction site.
B. Construction activities shalt comply with applicable Implementing Zoning
Ordinance and Municipal Code Performance Standards (noise, dust, odor,
etc. }.
PUD DEV STDS Final 05019.DOC
Resolution Na 2009-148 N.C.S. Page 10
C. Prior to any construction activity on the site, protective fencing shal{ be
installed at the drip line of existing trees located within the immediate
vicinity of proposed construction activity. These trees are identified for
preservation per the arborist report prepared for the project. City Staff
shall be notified by the project proponents prior to commencement of any
work proposed closer than the driplines of trees recommended for
preservation. All such activity, including excavation, pruning and root work
shall be conducted under the supervision of the consulting arborist who
witl report to staff, with costs borne by the project proponents.
D. High- or moderate-value trees in good condition (as identified under the
arborist report for the subdivision) proposed for retention but subsequently
damaged or removed during the course of construction shall be replaced
by the developer at the rate of three-15- gallon size trees for each six
inches of trunk diameter removed or damaged, as recommended by the
consulting arborist. Species and location of the replacement trees shall
be from the approved landscape plan.
E. All City-authorized grading and construction activity shall be limited to the
hours between 8:00 am and 5:00 pm, Monday through Friday~ and
Saturday between 9:00 am and 5:00 pm, provided noise levels generated
are within the limits of the City of Petaluma noise fimits. No construction
work shall be permitted on recognized holidays and Sundays. The
developer shall designate a construction management person responsible
for responding to any complaints generated regarding excessive noise
during construction. A telephone number for contacting the designated
individua! shall be conspicuously posted at the construction site. The
responsible authority shall determine the cause of noise complaints
received and implement reasonable measure to resolve the issues. City
staff shall monitor complaints received and take reasonable steps to
resolve issues in a timely manner as they arise, including enforcement of
abatement procedures to bring violations into conformance with the City
General Plan and Implementing Zoning Ordinance Performance
standards.
X. UNACCEPTABLE USES AND PRACTICES
A. The following uses and practices are deemed to be nuisances. No use or
practice shall be permitted to exist or operate within this property so as to
be offensive or detrimental to any adjacent use, property, or its occupanfs,
including residential inhabitants of adjacent property.
B. Visible storage of junk~ trash, mechanical equipment or non-operational
vehicles; unpermitted storage of prohibited materia{s such as petroleum,
oil, pesticides, paints, medical wastes and other hazardous materials.
PUD DEV STDS Fina105019.DOC
Resolution No. 2009-148 N.C.S. Page.l 1
C. Any use, excluding reasonable construcbon activity, which emits
particulate or gaseous matter, emits dust, sweepings, dirt or cinders into
the atmospheres, or discharges liquid, solid wastes, or other matter into
any stream, water course, river or other waterway, any of which activities
may adversefy affect tF-e health or safety of persons, or vegetation, or
comfort af or intended reasonable use of property by persons within the
area.
D. The discharge of any fumes, odor, gases, vapors, steam, acids or other
substance into the atmosphere which in the opinion of the City may be
detrimental to the health, safety or welfare of any Person, or may interfere
with the comfort of persons within the area, or which may be harmful to
property or vegetation.
E. The radiation or discharge of intense glare or heat, or atomic,
electromagnetic, microwave, ultrasonic, laser or other radiation.
F. Any use which has the potential to create public health, fire or explosion
hazard in the opinion af the City Fire Marshal.
G. Excessive noise defined as that exceeding the decibel levels established
in the City of Petaluma General Plan and Implementing Zoning Ordinance.
H. Excessive emissions of smoke, stream, or particular matter, defined as
exceeding the standards established by the Bay Area Air Quality
Management District.
I. Car repair.
XI. EXCEPTIONS TO STAPIDARDS
A. Whenever the standards contair-ed in the PUD program do not address an
aspect of physical development or use within the development, the
Planning Director may regulate this deve{opment by interpreting the most
comparable sections of other City Zoning Districts. The Director may also
refer such questions of development sfendards or uses to either SPARC
or Planning Commission for a decision. Any decision by the Director,
SPARC, or Planning Commission may be appealed to the Gity Council
through standard appeal procedures contained in the Implementing
Zoning Ordinance.
B. Exceptions to specific PUD Standards may be approved by Staff or
PUD DEV STDS Fioa105019.DOC
Resolution No. 2009-148 N.C.S. Page l2
SPARC provided that the overall design concept and desired quality is not
compromised by the particular exception.
X-! PARKIIVG LOT REQU/REfVIEMTS
LOT CO~ERED
PARIQNG
SPACES UNCOI/ERED
PARKING
SPACES
i Z Z
2 Z 2
3 2 2
4 2 2
5 2 Z
6 2 2
7 2 Z
8 Z Z
9 2 Z
10 Z Z
11 2 Z
IZ Z 2
i3 Z Z
14 2 2
IS Z z
16 2 Z
17 Z Z
i8 2 3
19 2 Z
20 Z 2
21 2 1
PUD DEV STDS Final OSOl9.DOC
Resolution No. 2009-148 N.C.S. Page 13