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HomeMy WebLinkAboutResolution 2004-171 N.C.S. 09/13/2004 Resolution No.2004-171 N.C.S. of the City of Petaluma, California APPROVAL OF THE VESTING TENTATIVE SUBDIVISION MAP FOR SWEED SCHOOL TOWNHOUSE SUBDIVISION WHICH WOULD ALLOW FOR 14 RESIDENTIAL LOTS AND A COMMON AREA PARCEL LOCATED AT 331 KELLER STREET APN 006-213-004 WHEREAS, by Ordinance No. 2191 N.C.S., Assessor's Parcel Number 006-213-004 comprising of 31,906 square feet, has been rezoned to Planned Unit District; and, WHEREAS, by action taken on April 27 and May 25, 2004, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve the Vesting Tentative Subdivision Map for 14 residential lots and a common area parcel, date stamped September 1, 2004; and, WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption of Resolution No. 2004-170 N.C.S., approving a Mitigated Negative Declaration to address potential impacts of the Sweed School Townhouse Rezoning and Subdivision project; and, WHEREAS, the City Council considered the Sweed. School Townhouse Subdivision proposal on September 13, 2004, and considered all written and verbal communications concerning potential environmental impacts resulting from the project before rendering a decision. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Vesting Tentative Subdivision Map subject to the following Findings and conditions of approval: FINDINGS 1. The proposed Vesting Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act. 2. The proposed subdivision, together with provisions for its design and improvements, is consistent with the General Plan, and will not be detrimental to the public health, safety, or welfare in that adequate public facilities exist or will be installed, sidewalks, water, sewer, storm drains, and other infrastructure. 3. The site is physically suitable for the density and the type of development proposed. Resolution No 2004-171 N.C.S. 4. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, and that no substantial or avoidable injury will occur to fish or wildlife or their habitat. An Initial Study was prepared indicating that there would be no significant, unmitigatable environmental impacts. CONDITIONS OF APPROVAL From City Council 1. Improvement plans shall include edge line and center striping on Liberty Street and Keller Street from Oak Street to Prospect Street. Prior to the issuance of the first certificate of occupancy, the approved striping shall be installed. 2. Review of the project by the Historic and Cultural Preservation Committee shall include: a. The size, bulk, height, and massing of the buildings on Liberty Street. b. Fencing along the north property line between the project site and the Hill Topper Apartments. Consideration shall be given to providing open fencing in this location in order to address graffiti and security issues. From the Planning Division (778-4301) 3. Prior to issuance of a building 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 as notes. 4. The plans submitted for Historic and Cultural Preservation Committee review shall be in substantial conformance with the Unit Development Plan date stamped September 1, 2004, the Vesting Tentative Map date stamped September 1, 2004, and the architectural plans date stamped September 1, 2004, except as modified by these conditions of approval. 5. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Sweed School Townhouse project are herein incorporated by reference as conditions of project approval. 6. Upon approval by the City Council, the applicant shall pay the $35.00 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 Clerks office within five (5) days after receiving Council approval. Resolution 2004-171 N.C.S. Page 2 7. Prior to issuance of a building permit, the Historic and Cultural Preservation Committee shall review the site plan. design, building and accessory structure design, the final PUD Guidelines, colors and materials, landscaping, and lighting. In addition, plans submitted for Historic and Cultural Preservation Committee review shall be revised to include the following: a. Street trees along the project frontage on Keller Street and Liberty Street. The street tree planting plan shall comply with the City's Approved Street Trees List and City standards for street tree planting. b. Relocation of the trellis adjacent to the south property line on the Liberty Street side of the site so that it does not extend over property lines. c. Driveway facing elevations of the carriage house units. d. Downcast lighting to prevent direct glare into the eyes of pedestrians and bicyclists. e. Detail/elevations of the storage unit located in the center of the site adjacent to the south property line and the trellises. £ All fencing proposed for the project, including private yard fencing and project boundary fencing. g. Enclosures for the Keller Street patio areas that are compatible with the building and allow for screening in order to prevent visual clutter. h. Fencing along the Liberty Street project frontage that better relates to the retaining wall and allows visibility of the yard area from the street. i. A location for interior secure bike parking for residents, the number of covered bike parking spaces that can be accommodated in the bike parking area located in the carport area, and whether or not bikes can be accommodated in the storage areas shown on the site plan. j. Proposed colors for the carriage units. k. Proposed colors for the Sweed School windows and doors based on an investigation of the original colors of the Sweed School. 8. Prior to Historic and Cultural Preservation Committee review, the applicant shall submit an evaluation prepared by a certified arborist of the two existing pine trees located on the site and identified as "to remain." The purpose of the evaluation is to identify the measures necessary to maintain and preserve these trees on the site. Resolution 2004-171 N.C.S. Page 3 9. Improvement plans and building permit plans shall include the location of protective tree fencing for the two existing pine trees on the site that are to remain. The protective tree fencing shall be located a minimum of 5 feet outside of the drip line of the trees, wire secured with in ground posts, and shall be a minimum of 5' in height. The location of the protective tree fencing is subject to staff review and approval. 10. Construction hours are limited to Monday through Friday from 7:00 a.m. to 6:00 p.m. Only interior work may be performed on Saturday from 8:00 a.m. to 5:00 p.m. Noise generating construction shall be prohibited on Sundays and. all holidays recognized by the City of Petaluma. Construction activities that generate little or no exterior noise, such as painting, electrical work, plumbing, etc., may be exempted from these more restrictive requirements if approved in writing by the Community Development Department. These construction hours shall be included on improvement plans and building permit plans submitted for review by the City. 11. There shall be no start up of internal combustion engines on construction related machinery or equipment prior to 8:00 a.m. Monday through Friday. 12. Delivery of materials or equipment is limited to Monday through Friday (non-holiday) between 7:30 a.m. and 6:00 p.m. 13. Machinery shall. not be cleaned past 6:00 p.m. or serviced past 6:45 p.m. Monday through Friday. 14. All construction equipment powered by internal combustion engine shall be properly mufflered and maintained. 15. Equipment shall be turned off when not in use. Unnecessary idling of internal combustion is prohibited. 16. All stationary noise generating construction equipment shall be located as far as practical from existing nearby residences and other noise sensitive land uses. All such equipment shall be acoustically shielded. 17. Quiet construction equipment, in particular air compressors, shall be used whenever possible. 18. The project applicant shall designate a "noise disturbance coordinator", such as the contractor or contractor's representative, who is responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g. starting too early, bad muffler, etc.) and take measures to correct the problem. Resolution 2004-171 N.C.S. Page 4 19. The name and phone number of the disturbance coordinator shall be conspicuously posted at the construction site and shall be included on the plans submitted for building permit. 20. Prior to issuance of a building permit, a mailing shall be sent to all property owner and occupants that includes the construction schedule for the project, City approved construction hours for the project, and the name and contact information for the designated "noise disturbance coordinator." 21. Windows and doors shall be repaired where feasible. Prior to issuance of a building permit, the Historic and Cultural Preservation Committee shall determine the windows and doors that will be replaced and the windows and doors that will be repaired The plans submitted for review by the Historic and Cultural .Preservation Committee shall identify which windows and doors are proposed to be replaced and which windows and doors are proposed to be repaired. Which windows can be repaired and the windows that require replacement due to the extent of damage shall be determined by staff in conjunction with Carey and Company review of the existing windows and doors and information provided by the applicant per the recommendations contained in the Carey and Company evaluation dated November 2003. 22. Windows and doors that are damaged beyond repair as determined in compliance with condition #20 above may be replaced. The replacement windows and doors shall be wood and true or simulated true divided light per the recommendations contained in the Carey and Company evaluation dated November 2003. Manufacturer's brochures and cutsheets of the approved windows and doors shall be submitted as part of the application materials for Historic and Cultural Preservation Committee review of the project. 23. The windows and doors for the new carriage ..house units shall be wood frame and true or simulated true divided light. 24. Prior to the project being scheduled for review by the Historic and Cultural Preservation Committee, the following items shall be reviewed by Carey and Company to evaluate consistency with the Oakhill-Brewster Guidelines and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings: a. Window and door cutsheets for replacement windows and doors. b. New cuts for the additional skylights. c. New cuts and modified cuts to the north, south and west elevations of the Sweed School building. Resolution 2004-171 N.C.S. Page 5 d. Height of the revised carriage house units. e. Redesign and materials of the carriage house units. f. Proposed colors for the Sweed School windows and doors based on an investigation of the original colors of the school. The applicant is responsible for all costs associated with the review of the project by Carey and Company. 25. 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 pedestrian bicyclists. The applicant shall be required to post signs when pesticide/herbicide use occurs to warn pedestrians and bicyclists. 26. Construction and demolition debris shall be recycled to the maximum extent feasible in order to minimize impacts on the landfill. 27. In accordance with the provisions of the Petaluma's Municipal Code, the applicant shall pay applicable City Special Development Fees at the time of building permit application, including, but not limited to sewer connection, water connection, community facilities development, storm drainage impact, school facilities and traffic mitigation fees. 28. The applicant 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 any of the approvals 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 and if the City chooses to do so appellant shall reimburse City for attorneys fees by the City. From the En~ineerin~ Division Prior to improvement plan and final map approval, the following Engineering conditions shall be met: 29. Along the entire frontage of Liberty Street and Keller Street, any broken or displaced sidewalk, curb and gutter shall be removed and replaced, cobblestone curb shall be retained and repaired as necessary and existing driveways shall be removed and Resolution 2004-171 N.C.S. Page 6 replaced. Provide streetlights as necessary. Twelve feet of red curb shall be painted on Liberty Street on both sides of the proposed driveway. 30. Evaluate all existing retaining walls along the street frontages and adjacent properties. .Retaining walls that are cracked, displaced, leaning or are evaluated as unsound, shall be replaced or repaired. 31. Provide positive surface drainage and storm drains as necessary for the parking area, the open courtyard in the existing building and in the private exterior areas. The proposed drainage improvement shall not affect the existing adjacent properties. 32. Individual water meters for all lots shall be required. Water services shall be at least 1.5-inches in diameter with 1-inch water meters. Abandon any unused water and sewer connections to the satisfaction of the Water Resources and Conservations .Department. 33. All overhead utilities from the existing power poles to the site and all new utilities shall be placed underground. 34. Prepare site improvement plans for building and encroachment permit approval. The improvement plans shall include but not be limited to grading, paving, storm drains, water and sewer. 35. Property lines at adjacent lots shall bisect the proposed walls equally. 36. The property line between lot 7 and 8 shall be either a straight line or the upper story walls adjusted to match the property line as indicated on the tentative map. 37. The "common area easements" as shown on the tentative map shall be added to the definition of common area in the covenants, conditions and restrictions (CC&R's). The common area shall. allow for all utility installation and maintenance. 38. A 10-foot wide public utility easement (PUE) shall be dedicated along the frontage of Liberty and Keller Street unless waived by the utility companies. Above ground electrical transformers shall not be allowed for this project. From the Fire Marshal (707) 778-4389 39. Plans submitted for building permit shall include an address locator board with unit designators at the entrance to Liberty Street. The designator board and the location are subject to staff review and approval. The applicant shall coordinate with the Fire Marshals' office the details for sign installation for the parking lot off of Liberty Street. Resolution 2004-171 N.C.S. Page 7 40. Unit addresses shall be clearly visible from Keller Street. 41. Each unit is required to be provided with an approved fire sprinkler system (13-D). All areas shall be protected, including attics, closets and bathrooms over 55 square feet. Backflow prevention devices shall be installed on the riser as per Ordinance 2084, July 1, 2000. 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 Approved as to Council of therCity of Petaluma at a (Regular) (Adjourned) (Special) meeting on the day of .......Sal?S~X171?~1:............................, 20~`~., by the `j) following vote: ity Attorney AYES: Mayor Glass, Harris, vice Mayor Moynihan, Thompson, Torliatt NOES: None ABSENT: O' rien RECUSED: Healy t - ) - ATTEST: .......................................~!~~l.~,L^~r~r.{!tM......................... . City Clerk Mayor Council File Res. No.......Z0.~4.-.1.7.1..........N.C.S.