HomeMy WebLinkAboutAgenda Bill 5.BPart1 02/22/2010o
CITY OF PETALUIVYA, CALIFORNIA Fe~ru~Q~/ ZZy Z®~
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enda ~'itle: Public Hearing and Resolutions to Adopt a Mitigated Negativ Meetin Date: February 22, 2010
eclaration and Mitigation Monitoring and Reporting Program; to Approve or Deny
Tanned Unit District Unit Development Plan and Development Standards; and t eetin 'I'ime• 7.00 PM
pprove or Deny a Vesting Tentative Map fora 19-lot Subdivision to Allow for th
Construction of Single-family Homes for the Sunnyslope II Project Located within th
Sunnyslope Planned Unit District, at 674 Sunnyslope Road, APN 019-203-008, File
03-TSM-0460
Cate o ^ Presentation ^ Appointments ^ Consent ®Public Hearing ^ Unfinished Business ^ New Business
e artment: irector: Contact Person: Phone Number:
Tanning Geoff Bradle ,Planning evin Gardiner, 707-778-4472
anager ~~
aG~ Contract Planner
Total Cost of Pro osal or Pro'ect: N/A ame of-Fund: N/A
mount Bud eted: N/A ccount Number:
Current )Fund Balance:
ecommendation: Yt is recommended that the City Council take action on the following:
1.) Resolution Adopting the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program;
.) Resolution Approving the Planned Unit District Unit Development Plan and Development Standards; and,
3.) Resolution Approving the Vesting Tentative Map with modified conditions.
1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ®Other action re uiring s ecial notice: Published and mailed hearing notice has been given. See Attachment K.
Summa Statement: The Planning Commission reviewed the proposed project at its regular meetings of December 8, 2009 and
ecember 22, 2009. After deliberating and taking public testimony, the Commission recommended not approving the Mitigated
egative Declaration, denying the PUD Unit Development Plan and Development Standards and denying the Vesting Tentative
ap for the 19-lot subdivision to allow for the construction ofsingle-family homes for the Sunnyslope II Project Located at 674
Sunnyslope Road, APN 019-203-008, File # 03=TSM-0460 (the "Project"). Subsequent to the Planning Commission action, the
a licant has ro osed several changes to the Project which res and to Planning Commission denial findings.
itachments to A enda Packet Item:
Draft Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
Draft Resolution Approving the Sunnyslope PUD Unit Development Plan and Development Standards
C. Draft Resolution Approving a Vesting Tentative Map for the Sunnyslope II Project
Planning Commission resolutions 2009-04, 2009-OS and 2009-06, recommending Project denial.
Memorandum dated January 21, 2010 from Interim Fire Marshal regarding site fire access
Memorandum dated January 26, 2010 submitted by applicant regarding site fire access.
G. Revised tree and site slope grading exhibit labeled "EX-1 "and dated February 9, 2010, submitted by applicant
Supplemental Arborist's Summary dated February 9, 2010, submitted by applicant
L Applicant's proposal for alternate condition regarding public access trail o the Urban Separator Pathway.
Planning Commission Staff Reports dated December 8, 2009 and December 22, 2009 and associated attachments and
plans. NOTE: These attachments are large in volume and will be provided to the City Clerk's office and uploaded
to the City website.
K. Co ies of ublished and mailed notice of City Council hearin .
ile: S:\Planning\City
Reviewed b Finance eviewed b Ci Attorne rov d b i ate Last il\R
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CITY ®F PETALiT1VIA, CALIF®RNIA
FEBRUARY ZZ, 2OflO
AGENDA. REPORT
FOR
PUBLIC HEARING AND RESOLUTIONS TO ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM; TO APPROVE OR DENY A PLANNED UNIT DISTRICT UNIT DEVELOPMENT
PLAN AND AMENDED DEVELOPMENT STANDARDS; AND TO APPROVE OR DENY A VESTING TENTATIVE MAP FOR A
19-LOT SUBDIVISION TO ALLOW FOR THE CONSTRUCTION OF SINGLE-FAMILY HOMES FOR THE SUNNYSLOPE H
PROJECT LOCATED WITHIN THE SUNNYSLOPE PLANNED UNIT DISTRICT, AT 674 SUNNYSLOPE ROAD, APN 019-203-
008, FILE # 03-TSM-0460.
L. RECOMMENDATION:
Because of the changes proposed to the Project in response to Planning Commission denial of the
Project, staff recommends that the Council consider adopting the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program; approve the Planned Unit District ("PUD") Unit
Development Plan and amended Development Standards; and approve a Vesting Tentative Map, with
modified conditions, fora 19-lot subdivision to allow for the construction of single-family homes for the
Project. (See Attachments A, B and C.)
2. BACKGROUND'
Ordinance No. 1856 N.C.S. prezoned the Project site PUD in 1991 as part of the Sunnyslope Area
annexation. The present application provides a detailed Unit Development Plan for this site and
amends the former R-1-20,000 development standards established for the site in Resolution 91-152.
Planning Commission Meeting
The Planning Commission considered the Mitigated Negative Declaration, PUD Unit Development
Plan and Development Standards and Vesting Tentative Map at noticed public hearings on December
8th and December 22nd, 2009. The Planning Commission had concerns with several issues with the
project and indicated that it would not be able to recommend approval of the Mitigated Negative
Declaration, Unit Development Plan, Development Standards and Vesting Tentative Map as submitted.
In the public meeting, the Planning Commission Chair asked if the applicant wished to offer
modifications to the Project, or have the Planning Commission recommend denial of the Project to the
City Council. The applicant indicated a preference to proceed to City Council for consideration. The
Planning Commission recommended by votes of 5-1 that the City Council not adopt the Mitigated
Negative Declaration, and that the Council deny both the proposed PUD actions and the Vesting
Tentative Map. One commissioner recused herself due to property ownership within proximity to the
Project.
The Planning Commission found that the following issues supported its recommendation of project
denial, as reflected in the Planning Commission resolutions in Attachment D:
1. The project does not provide adequate clustering of lots to reduce grading, particularly on
steeper slopes;
2. The project does not maximize the protection of existing trees;
3. The project does not provide public access to the Urban Separator Pathway;
4. The project does not provide fire protection access to the hillside in the southern portion of the
project.
Staff has met with the applicant subsequent to the Planning Commission decision, and the applicant has
proposed some modifications to the Project. This report summarizes Project modifications proposed by
the applicant and the issues of concern to the Commission.
Lot Clustering to Reduce Grading
The project site is subject to the City's Hillside Ordinance (Chapter 16 of the Implementing Zoning
Ordinance), as well as General Plan policies for hillside development. General Plan Policy 10-P-1 B
states:
On sites with slopes greater than 30 percent, require all development to be clustered outside of
the 30 percent slope areas (and preferably on land less than 1 S percent in slope) where possible.
While the proposed residences. would be kept to those slopes that are less than 30 percent slope,
consistent with General Plan Policy 10-P-1-B, the Unit Development Plan is not consistent with the
policy's preference for development to be located on land with less than 15 percent slope. Planning
Commissioners stated that they thought additional clustering of lots would allow reduced grading of
hillsides with slopes greater than 15 percent.
Attachment G, submitted by the applicant, shows the areas of slopes which are less than 15%, .and less
than 30%. Because the Project includes two on-site units affordable to very low income households,
State law requires that the Project be allowed additional units as a "density bonus." In this. case, the
calculation required by State law does not allow the City to reduce the Project to fewer than 19 units,
absent specific and detailed findings required by State law. To meet the Policy 10-P-1-B preference
completely, 191ots would have to be clustered in approximately 3.72 acres at the lower portion of the
site, the area shown in brown on Attachment G.
The applicant has indicated that after analyzing site planning options, they determined it would not be
practical to accommodate 19 single family units on the portion of the site with grades less than 15
percent. Approximately 43% of the site (3.72 acres) has a grade of 15 percent or less. Nineteen units
on 3.72 acres would have a gross density of approximately 5.1 units/acre (including any internal streets
to serve the units). For reference, the Westridge subdivision to the east has a gross density of
approximately 4.5 units/gross acre (excluding Thompson Creek but including streets) and the Suncrest
Estates, Pinnacle and Premo subdivisions to the west have a gross density of approximately 1.0
units/acre (including streets). Sheet TM-2, "Context Plan" in the submitted tentative map plans shows
these projects and others such as Ridgeview Heights, directly across Sunnyslope Road from the Project.
The Context Plan shows the approximate elevations of homesites in other subdvisions to the west of the
Project.
One of the findings required for approval or amendment of a PUD Unit Development Plan is that "[T]he
plan for the proposed development provides a unified and organized arrangement of buildings and
service facilities which are appropriate in relation to adjacent or nearby properties and that adequate
landscaping or screening is included if necessary to insure compatibility." Implementing Zoning
Ordinance § 19.030.B. Restricting all homesites to the portions of the Sunnyslope II site with slopes
less than 15% would require a different development type with smaller individual lots than a significant
proportion of adjacent development.
The applicant has not presented an evaluation of moving fewer than all of the homesites into areas of
less than 15% slope, to improve compliance with the non-mandatory portion of General Plan Policy 10-
P-1-B.
Subsequent to the Planning Commission meeting, the applicant has proposed to reduce the area of
potential disturbance from grading behind Lots 10-13, as shown on Attachment G. The additional
undisturbed area would be outside the Scenic Open Space Easement but would be retained in a natural
state and would not be allowed to be built on. Homeowners could choose to landscape the area with
native vegetation consistent with the natural setting. Staff has included a condition in the draft Vesting
Tentative Map resolution (Attachment C, Condition #6) to implement this modification, should the
Council wish to accept this modification. In addition, the applicant has agreed to limit retaining walls
to 5 feet in height consistent with Condition #7 of the Vesting Tentative Map conditions of approval
drafted for the Planning Commission. (Attachment C, Condition #7).
Tree Protection
The proposed project is subject to the Tree Preservation Ordinance (Chapter 17 of the Implementing
Zoning Ordinance). While the proposed project retains numerous protected trees, 12 protected trees
were originally proposed for removal. Planning Commissioners stated that they thought the site plan
should be revised to preserve more of the 12 protected trees.
Since•the Planning Commission meeting, the applicant has proposed to revise the project site plan to
retain Trees #18 and #20 on Lot 4, and Trees #2, #3, and #4 on Lot 19, to the extent possible. Staff has
drafted a condition of approval to retain these trees in a revised site plan, should the Council wish to
consider this option (Attachment C, Condition #16).
A prominent tree designated for removal to accommodate the project roadway (#61 on the Vesting
Tentative Map) was of particular interest to Commissioners as well as neighbors. However, a re-
inspection of Tree #61 by the project arborist on February 8, 2010 determined that the health of Tree
#61 has substantially declined since preparation of the initial arborist report. The arborist's
supplemental report dated February 9, 2010, is provided as Attachment H; revised tree information is
are also shown on Exhibit G. Planning staff has visited Tree #61 and observed its condition, though
staff defers to the expertise of the arborist to make the determination of the tree's health.
At the time of the supplemental arborist's report, one additional tree that had been designated for
preservation, Tree # 14, a 22" live oak, was found to have deteriorated substantially, and the arborist
considers it no longer viable. If it is removed, she opined that Tree #13, a smaller live oak nearby,
would be able to develop a full crown without competition.
Urban Separator Pathway Access
While the project makes provisions for the Urban Separator Pathway, consistent with General Plan.
policies, General Plan Policy 5-P-30 requires all new development abutting any public trail to provide
access to the trail. While there are issues with implementing the Urban Separator Pathway because
neither adjacent property currently has a publicly dedicated Urban Separator Pathway section, Planning
Commissioners stated that future conditions could change, and the option to provide access to the
pathway should not be precluded.
The Premo Subdivision to the west was conditioned to dedicate a 20' public easement from the end of
the Wallenberg Way cul-de-sac to the Urban Separator Pathway.. A similar public access easement for
a connector trail was not included in the Sunnyslope II Project as presented to the Planning
Commission.
Discussions with the applicant since the Planning Commission meeting have resulted in a recommended
staff condition, Attachment C, Condition #52. The applicant agrees in concept to such an arrangement.
for access along the western property line between Lots 13 and 14 from the cul-de-sac to the Urban
Separator Pathway ("connector trail" or "trail"), and across the private road from the cul-de-sac to
Sunnyslope Road, but has proposed a more detailed condition which would include (1) dedication of
the connector trail to the City, with the City taking ownership of.the trail; (2) funding for trail
construction by the applicant, with the City being responsible for the design and construction of the
trail; (3) indemnification by the City of adjacent property owners. for claims arising from any use of the
trail; and (4) a provision that the trail would not be built and the City would not. take title until the
Urban Separator Pathway connected to the Sunnyslope II site on at least one side. (See Attachment L)
Staff believes that applicant's proposed provisions (1) and (2) are generally consistent with the General
Plan, given that currently there is not a completed portion of the Urban .Separator Pathway to connect
to. However, staff believes funding should provide for both the design and construction of the trail.
Staff does not recommend applicant's proposed provision (3), indemnification by the city, because it
would expand the city's liability. Staff also does not recommend applicant's provision (4), because it
restricts the ability of the city to improve the connector trail at the time of the city's choosing. Staff
does agree with applicant's proposed location of the connector trial, as shown in applicant's submittal,
Attachment I. The staff recommended condition of approval is Vesting Tentative Map Condition #52
See Attachment C.)
Fire Protection Access
Subsequent to the December 8, 2010 hearing, staff consulted with the Interim Fire Marshall to consider
the provision of fire access to the hillside in the southern portion of the project, specifically a fire lane
extending from the end of the proposed cul-de-sac. Interim Fire Marshall Cary Fergus indicated that
such a fire lane was not needed or desired. Staff notes that the project has been thoroughly reviewed by
the Interim Fire Marshall, and all necessary Conditions of Approval have been attached to the Vesting
Tentative Map. However, the Planning Commission and members of the public had concerns regarding
emergency access to the hillside in the event of a fire.
Staff has confirmed with the Interim Fire Marshall and Fire Chief that the project has been conditioned
appropriately in terms of fire access and that additional fire access through the site up the hillside is not
necessary or desirable. The Interim Fire Marshall has provided additional. clarification in a
memorandum dated January 21, 2010 (Attachment E). A detailed analysis of fire safety measures and
emergency response prepared by Michael Ginn, former City of Petaluma Fire Marshall and now a
consultant to the applicant, was also provided as Attachment 6 to the Planning Commission staff report
for the December 22, 2009 meeting and has been updated by Mr. Ginn in Attachment F to this report.
Initial Study Mitigated Negative Declaration, and Mitigation Monitoring. and Reporting Program
At its December 22, 2009 meeting the Planning Commission recommended. that the Initial Study,
Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program not be certified due
to inadequate clustering of the lots to reduce grading, insufficient protection of existing trees, the lack
of public access to the urban separator pathway into the conservation area, and concerns regarding fire
protection access.. Other than some aspects of tree preservation, staff believes these issues are site
J
planning issues related to the PUD Unit'Development P1an.and Development Standards and the Vesting
Tentative Map. The environmental documents analyze the potential environmental impacts of the
proposed project but do not and are not intended to evaluate the design merits of the'project.
Approval of the mitigated negative declaration is not required in the event of project denial, because
denial is not a "project" as defined by CEQA. Therefore, unless the Council wishes to consider project
approval, it need not act on the mitigated negative declaration or the mitigation monitoring and
reporting program.
If the Council intends to proceed with Project approval, staff recommends adoption of the Mitigated
Negative Declaration as adequate. If the Council reviews the Initial. Study and Mitigated Negative
Declaration, and believes that it does not adequately'identify or evaluate the expected environmental
effects of-the project, the Council is requested to identify for staff the areas in which it wishes additional
study or analysis.
Several modifications to the project have been proposed by the applicant subsequent to the Planning
Commission action, but they do not required recirculation ofthe Initial Study and Mitigated Negative
Declaration.
The revisions relating to tree preservation include new information from'the project arborist about the
health of Trees #61 and #14 and proposed preservation of five other trees previously slated for removal,
as discussed above.
The proposed addition of an access trail to provide public access through the subdivision to the Urban
Separator, Pathway would consist of future dedication of an,easement over the paved private roadway
and the future dedication and development of a pedestrian,path within a ten foot strip .running south
along the west property line and accessing -the private cul-de-sac along the shared property line between
Lots #13 and #14.
These modifications are considered minor in scope and do riot. create new or more severe significant
environmental effects. New information with regard to Tree #61 and its recommended removal does not
alterthe conclusions of the Initial Study and Mitigated Negative ~Declarationbecause Tree #61 was
already identified for removal, and mitigation is included for;its;removal. Although the revised
recommendation to remove Tree #=14 due to declining health alters the tree removal schedule slightly
,from that considered in the Initial Study and Mitigated Negative Declaration, the additional ;preservation
of Trees #2, 3, 4, 1$, and 20 is considered sufficient to mitigate the potential impact and is in
compliance with Chapter 17 (Tree Preservation) of the Implementing Zoning Ordinance.
The designation.and development of a pedestrian path connecting to the Urban:Separator Pathway
would be a minimal change to the impacts of the development studied in the Mitigated Negative
Declaration and would not result in new significant impacts. It does not require additional mitigation
measures.
As analyzed above, none of the proposed project modifications and/or additional mitigation measures
create new or substantially snore severe environmental effects or give rise to a fair argument that
significant environmental effects are created by the Project. The additional grading reduction and tree
preservation measures further reduce effects which are already determined by the Initial Study and
Mitigated Negative .Declaration to be less than significant. The additional measures have been
incorporated into the Project design and/or imposed on the Project through conditions of approval.
Recirculation of the Mitigated Negative Declaration is therefore not required.
3.. Discussion:
Prior Staff.Reports
For further discussion and information, including. a complete project description and staff.analysis;
please refer to the.Planning Commission staff reports included as an attachment to this report..
Additional Public Input
Subsequent to the: Planning Commission meetings, staff has nnet with interested neighbors.
Affordable Housing ,
Neighbors. of°:the project have expressed disagreement with the inclusion of affordable housing within
the development. Solutions offered have ranged from eliminating the affordable units or relocating
them to a more central. portion of the site. The applicant's consent would be required to remove the
affordable units from the. Project proposal:, State law requires that to qualify for the density bonus; the
units must. be actually:constructed as part of the: same development application andlocated within the
Project or on a~contiguous site. Therefore, substitution,-of an in-lieu payment wouldnot result:iri a
density bonus. 'If the affordable units were removed, the .applicant would no longer be entitled to a
density bonus;, and the applicable density for the protect would be the General Plan 2Q25 Very Low
Density range of between 4.6:and 19 total units for the project's 7.62 net acres: (Initial ..Study, p.,16.)
Guest Parking
Neighbors have also expressed. a concern. about ;adequate guest. parking with,the>development.; Due to
the lack of on-street parking: on Sunnyslo,pe Road, the Council may .consider a.,requirement to increase
the guest. parking located on the private street-ta be increased from, the six.. spaces proposed ao 8-10
spaces (equivalent to 0:5 guest spaces per unit). The Planned Unit Development zoning allows
discretion in determining appropriate guest parking.
4. Fnv~vc~,.IlviracTS•
The applicant has paid approximately $1.2.0,000 in Development Review application fees to date,
including. fees for processing the application'and for environmental review The project is subject to
full costrecovery for processing the application.
AT~'AC~MENT A
RESOLUTION OF T>EIE CITY COUNCIL OF THE CITY OF':PETALUMA
ADOPTING A MITIGATED NEGATIVE DECI:ARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE SUNNYSLOPE II PROJECT, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITI' ACT
WHEREAS, a Notice of Intent to Adopt a Mitigated. Negative Declaration for the
Sunnyslope II project ("the Project") was published on February 5, 2009 mailed to all
responsible and affected agencies. and posted in in compliance with the California
Environmental Quality Act ("CEQA"), 14 California Code of Regulations, Chapter 3 ("CEQA
Guidelines") and the City of Petaluma Environmental Guidelines; and
WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project was
considered at duly noticed Planning Commission hearings on the Project on December 8~' and
December 22, 2009, together with all public comments submitted at or before the hearings; and
WHEREAS, the Initial Study and Mitigated Negative Declaration. for the Project was
considered at a duly noticed City Council hearing on the Project on February 22, 2010, together
with all public comments submitted at or before~the hearing; and
WHEREAS, the Project is not located on a site listed on. any Hazardous Waste Site
List compiled by the State pursuant to Section 65962:5 ofthe California Government Code; and,
WHEREAS, the Mitigation Monitoring and Reporting Program attached as Exhibit A
and incorporated herein by reference has been prepared for the Project to ensure compliance with
adopted mitigation measures identified in the Initial Study and Mitigated Negative Declaration;
and,
WHEREAS, the Initial Study and Mitigated Negative Declaration and the record of
proceedings on the.Project are available for public review at the City of Petaluma Community
Development Department, City Hall, 11 English Street; Petaluma, California.
NOW THEREFORE, DE IT RESOLVED that the City Council finds and determines
as follows:
1. The City Council has reviewed the Initial Study and Mitigated Negative Declaration.
2. The Initial Study and ~ Mitigated Negative Declaration reflect the City Council's
independent judgment and analysis as to the effects of the Project on the environment.
3. Water. demand and supply information in the Initial Study was updated in a staff
memorandum to the Planning Commission dated December 8, 2009. No new or more
significant water supply and/or demand effects other than those evaluated in the Intitial
Study and Mitigated Negative Declaration were identified as a result of information
contained in the December 8, 2009 memorandum.
4. Modifications made to the Project after circulation of the Mitigated Negative Declaration
8
and Initial Study include, additional protection and replacement of existing~trees within
the Project, provision of future pedestrian.access'to the Urban Separator Pathway and
reduction of the area on slopes greater than 15;% which,willbe disturbed by grading.
The additional measures,have been incorporated into the Project:design.and/or imposed
on the Project through conditions. of approval. As analyzed in the record of proceedings,
none of the proposed project modifications and/or additional mitigation measures and
conditions creates new or substantiallymore,scvere environmental effects or gives rise to
a fair argument that significant environmental,effects are created by the Project. The
additional grading reduction and tree preservation:measures fiirtler reduce. effects which
are_ already determined by the Initial Study and IVlitgated Negative Declaration to be less
than significant. Recirculation ~of the Mitigated Negative Declaration and Initial Study
is therefore not required.
5. All potential environmental effects resulting from the Project, have; been id'critfied.
Mitigation measures have been proposed and agreed to by the :applicant as a eondi~tion of
Project approval that will reduce all potential.:. effects to less than. significant. In aduiti~n,
there is no substantial evidence that supports a fair argument that .the Project, as
conditioned and mitigated, will have a significant effect on the environment::
BE IT FURTHER RESOLVED that the City Council:
1. Adopts the Mitigated. Negative Declaration. and Initial Study prepared for the Project and
dated February 4, 4009.
2. Adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit A hereto
and incorporated Herein by reference
9
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
Land Use and Planning
1. In order to meet the intent of the General Plan .policies for the Urban Separator Pathway,
prior to building permit applications, the applicant shall provide an agreed upon funding
mechanism for the future trail improvements, landscaping, fencing, and maintenance for the
Urban .Separator Pathway subject to review and approval of the City Engineer and City
Attorney.
Geology and Soils
1. The applicant shall incorporate all of the recommendations contained in the Geotechnical
Engineering Investigation (Michelucci & Associates, Inc. 2003) for the revised site plan
confirmed in 2008 in the design and implementation of the proposed project.
2. In order to reduce erosion and geologic hazards to less than significant levels, the proposed
project shall incorporate the following standard and project specific conditions of approval:
All construction activities shall comply with the Uniform .Building Code regulations
for seismic safety (i.e., reinforcing perimeter and/or load bearing walls, bracing
parapets, etc.).
The project sponsor shall submit an Erosion and Sediment Control Plan prepared by a
registered professional engineer as an integral part of the grading plan. The
Erosion and Sediment Control. Plan shall be subject to review and approval of
Public Works, prior to issuance of a grading permit. The Plan shall include
temporary erosion control measures to be used during construction of cut and fill
slopes, excavation for .foundations, and other grading operations at the site to
prevent discharge of sediment and contaminants into the drainage system. The
Erosion and Sediment Control Plan shall include the following measures as
applicable:
a. Throughout the construction process, disturbance of groundcover shall be minimized and
the existing. vegetation shall be retained to the extent possible .to reduce soil erosion. All
construction and grading activities, including short- term needs (equipment staging areas,
storage areas; and field office locations) shall minimize the amount of land area
disturbed. Whenever possible, existing disturbed areas shall be used for such purposes.
b. All drainage-ways, wetland areas and creek channels shall be protected from silt and
sediment in storm runoff through the use of silt fences, diversion berms, and check dams.
All exposed surface areas shall be mulched and reseeded and all cut and fill slopes shall
be protected with hay mulch and/or erosion control blankets as appropriate.
c. ,Material and equipment for implementation of erosion control measures shall be on-site
by October 1st. All grading activity shall be completed by October 15th, prior to, the on-
set of the rainy season, with all disturbed areas stabilized and re-vegetated by October
31st. Upon approval by the Petaluma City Engineer, extensions for short-term grading
l~
may be allowed. The Engineering. Section in conjunction with any specially permitted
rainy season grading may require special erosion control measures.
d. All earthwork, grading, trenching, back-filling, and compaction operations, shall be.
conducted in accordance with the City's Grading; .and Erosion Control .Ordinance (Title.
17, Chapter. 17.31, of the Municipal Code) and shall be reflected on the improvement
plans.
e. All public and/or private .improvements shall be subject to inspection by 'City sfaff for
compliance with the approved Improvement Plans;, prior`to City acceptance.
3. If unique geologic or physical features are uncovered during ,grading or other on-situ.
excavation(s), earthwork within 25 feet of these materials shall be stopped until a certified
professional geologist has had an opportunity to evaluate the significance of the find and
suggest appropriate mitigation(s), as deemed necessary.
Air uali
1. The "Basic Measures" .and the "Enhanced Measures" listed in Table :a shall be ::incorporated
into the construction plans for the proposed project. The "Optional Measures" lsted,in Table
1 shall be incorporated if further .emission reductions are deemed necessary by the City. Prior
to issuing a grading permit, the City shall review .grading and construction plans to ensure
these measures have been incorporated.
Table C. Feasible Control 1VIeasures for Construction Emissions of PMio _
Basic Control Measures -The followin controls should be im lemented at all construction sites.
Water all active construction areas at least twice daily.
• Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least wo~feet of freeboard.
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads; parkingaieas;and' staging
areas at construction sites.
• Sweep daily (preferably with water sweepers) all payed access-roads, parkng:areas and staging areas at_construction.sites.
Swee streets dail referabl with water swee ers if visible soil material:is carried ontoad'acenY ublic streets:
Enhanced Control Measures -The following measdres should be implemented at construction.sites-.greater than four acres
in area.
All "Basic" control measures listed above.
Hydroseed or apply (non-toxic) soil stabilizers to inactive coiistruction;areas.
Enclose, cover, water twice daily or apply {non-toxic) soil binders to exposed stockpiles (dirt,, sand, etc.). .
Limit traffic speeds on unpaved roads to 15 mph.
Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
Re lant ve etation in disturbed areas as' uickl as ossible.
Optional Control Measures -The following control. measures are strongly encouraged at construction sites: that are large in
area, located-near sensitive.rece tors or which for;an other reason;ma warrant additional emissions reductions.
• Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the. site:.
Install wind breaks, or plant trees/vegetative windbreaks at windward'side(s) of construction areas.
Suspend excavation and grading activity when winds,exceed 25 mph.
• Limit the area sub'ect to excavation, adin and other construction activi , at an one time.
Source: BAAQMD CEQA Guidelines, 1999.
H d~gy and Water Quality
1. In accordance with requirements set by the State Water Resources Control Board. (SWRCB),
the applicant shall prepare a Storm Water Pollution Prevention. Plan (S'WPPP) -.per the latest
state requirements to be implemented throughout project construct-ion and operation. The
Applicant shall complete and submit. an NOI and appropriate filing. fee to, the SWRCB. The
applicant shall file a Notice of Termination. (NOT) with the SWRCB upon project
completion. The S WPPP shall be submitted for review and approval by Public Works prior
to approval of improvement plans or issuance of grading or building permits. City inspectors
shall inspect the improvements and verify compliance prior to acceptance of .improvements:
The' SWPPP shall comply with San Francisco Bay Area Regional Water Quality Control
Board requirements and include the following as appropriate:
All. drainage improvement plans shall include. installation of permanent signs
(concrete stamps or equivalent) at each storm drain inlet. The sign at each .inlet
shall read "No Dumping, Flows to the Petaluma River" or equivalent, and shah be
installed at the time of construction and verified prior to acceptance of public
improvements or issuance of a certificate of occupancy.
The project shall comply with General Plan Policy 8-P-36 requiring no net increase in
storm water runoff.
All construction activities shall be performed in a manner that minimizes the
sediment and/or pollutant entering directly or indirectly into the storm drain
system or ground water. The applicant shall incorporate. the following provisions
into the construction plans and specifications,.. to be verified by the Community
Development Department, prior to issuance of grading or building permits.
The applicant shall designate on the improvement plans construction staging areas
and areas for the storage of any hazardous materials (i.e., motor oil, fuels, paints,
etc.) to be used during construction. All construction staging areas shall be located
away from any drainage areas to prevent runoff from construction areas from
entering into the drainage system. Areas designated. for storage of hazardous
materials shall include proper containment features to prevent contamination from
entering drainage areas in the event of a spill or leak.
No debris, soil, sand, cement, or washing thereof, or other construction related
materials or wastes, soil or petroleum products or other organic or earthen
material shall be allowed to enter any drainage system. All discarded material
including washings and any accidental. spills shall be removed and disposed of at
an approved disposal .site. The applicant. shall designate appropriate disposal
methods and/or facilities on the construction plans or in the specifications.
Pesticides and fertilizers shall not be applied to public landscape areas during the
rainy season (October 1st-April 15th). The applicant shall utilize Best
Management Practices regarding pesticide/herbicide use and fully commit to
Integrated Pest Management techniques. The applicant shall be required, when
pesticide/herbicide use occurs, to post appropriate signs warning pedestrians.
The applicant shall submit the required Notice of Intent for compliance with the
conditions for a general permit under the National Pollutant Discharge Eliminate
System (NPDES) storm water permit for construction activities administered by
the State of California Regional Water Quality Control Board: The conditions
require development and implementation of a Storm Water Pollution Prevention
Plan (SWPPP), which may also meet the City's requirement for an Erosion and
Sediment Control Plan, noted above.
0~
The applicant shall submit a detailed grading and drainage plan for review and
approval by the Community DeVelopnient .Department prior to approval of a final.
map, improvement plan, grading or building permit: The project grading acid all
site drainage improvements shall be designed and constructed in conformance
with the City of Petaluma Community Development Department's "standard,
Specifications" and the Sonoma County Water Agency's "Flood Control :Design:
Criteria". Channel modifications and bank stabilization 'improvements within a
natural stream channel shall be designed in conforrriance with. the City's
"Restoration Design and Management Guideline's".. 'The drainage. plans shall.
include supporting calculations of -storm drain and .culvert size using acceptable
engineering methods. No lot-to-lot drainage. shall be permitted. Surface runoff
shall be addressed within each individual lot, and then conveyed to an_approprate
storm drain system. All hydrologic, hydraulic and storm drain system design shall
be subject to review and approval of the Sonoma County Water Agency (SCWA)
and the City Engineer.
Biological Resources
1. Grading and other construction activities shall .be scheduled to avoid the nesting season. to the
extent feasible. The nesting season for most birds in Sonoma County extends from February
through September.
2. If construction is to occur during. the breeding season, a qualified ornithologist shall" conduct
pre-construction surveys no more than 15 days prior to the initiation of .construction in any
given area. Pre-construction surveys shall be used to ensure ;that no nests of species protected
by the MBTA or State Code would be disturbed during project implementation.
3. If vegetation is to be removed and .all necessary- .approvals' have been obtained, removal of
potential nesting substrate (e.g., bushes, -trees, grass, buildings, and burrows) shall take place
before nesting season (February) to help preclude nesting. 'Pre-removal. surveys are'required for
some species. Removal of vegetation or structures shall be completed outside of the nesting
season (February though September).
4. If an active nest is found and is greater than half completed, a :qualified ornithologist shall
determine the extent of a construction-free buffer zone to be established arou_ nd -the nest in
consultation with CDFG.
5. Apre-disturbance survey for roosting bats shall be conducted; prior to ,any removal of trees >12
inches in diameter at 4.5 feet above grade: Pallid bats will roost in tree branch cavities only 6
inches in diameter.. The survey shall be conducted' by a qualified bat biologist (i.e., a biologist.
holding a CDFG collection permit and a.1Vlemorandum of Understanding with. CDFG allowing
the biologist to handle and collect bats).. No activities that. would result yin disturbance to active
roosts shall proceed prior to the completion of pre-disturbance; surveys: If no active roosts are
found, then no further action would be required. '.If a maternityroost is' present, a qualified bat.
biologist shall determine the extent of construction-free zones around active nurseries since
these species are known to abandon young when disturbed: If either a maternity roost or
hibernacula is present, mitigation measure: BIO-6 shall be implemented if avoidance of 'the
occupied tree or structure is possible, and mitigation measure BIO-7 shall. be implemented f;it
is not possible. CDFG shall also be notified of any active nurseries within the construction.
zone.
6. If active maternity roosts or hibernacula (hibernating bats) are :found, the proposed project. shall.
be redesigned if possible to avoid the loss of the tree occupied by the roost.
7. If an active maternity roost is found and the proposed: project cannot be redesigned to avoid
removal of the occupied tree or structure, demolition of that tree of structure shall commence
before maternity colonies form (i.e., prior to March l st) or after young are flying (i:e., after
July 31st). The disturbance-free buffer zones described in BIO-5 shall remain during the
maternity roost season (March 1St to July 31st).
If non-breeding, hibernating bats are .found in a tree scheduled for removal .and the proposed
project cannot be redesigned to avoid removal of the occupied tree or structure, the. individuals.
shall be safely evicted, under the direction of a qualified bat biologist (as' determined, by a
Memorandum of Understanding with CDFG), by opening the roosting area to allow airflow
through the cavity. Trees with roosts that need to be removed shall first be disturbed at dusk,
just prior to removal that same evening. This action will allow bats to leave during dark hours,,
thus increasing their chance of fmding new roosts , with a minimum of potential predation
during daylight.
8. Natural materials beneath trees in the valley oak woodland habitat area shall be left
undisturbed.
9. The applicant shall work with the Site Plan and Architectural Review Committee (SPARC) to
consider site plan revisions that would reduce the number of protected trees to be removed by
relocating driveways, adjusting or revising building footprints, or other redesigns..
10. Prior to initiating any construction activity, including demolition or grading, temporary
protective fencing shall be installed for each protected tree to remain. Fencing shall be
located at the Tree Protection Zone (TPZ) and shall be illustrated on the Improvement Plans.
The Tree Protection Zone (TPZ) represents the .area around each tree, or group of trees,
which must be protected at all times with tree protection fencing. Fencing shall serve as a
barrier to prevent encroachment of any type by construction activities; equipment, materials
storage, or personnel. No encroachment into the TPZ shall be allowed at any time without
approval from the project arborist. Any unauthorized entry into the TPZ shall be a violation
of the Tree Protection Ordinance and shall be subject to enforcement through civil, criminal
or administrative remedies, including applicable penalties: Contractors and subcgntractors
shall direct all. equipment and personnel to remain outside the fenced area at all times until
project is complete, and shall instruct personnel and sub-contractors as to the .purpose and
importance of fencing and preservation. The followirig:specific restrictions shall apply within
the TPZ:
No grading shall occur within the protective barriers without prior approval by the Director.
No attachments or wires other than those of a protective or non-damaging nature shall. be
attached to a protected tree.
Excavation or landscape preparation within the protective barriers shall be limited to the use
of hand tools and small hand held power tools and shall not•be of a depth that could cause
root damage.
I `~
When the existing grade around a protected tree is to be raised-the project,and/or City arborist
shall provide written directions.. on which method(s) may be used tp drain liquids away
from the trunk.
When the existing grade around a protected tree is to be lowered' the project .and/or City
arborist shall .provide written directions on which method(s): may be used (terracing,
retaining wall, etc) to allow the dripline to be left at the original;grade:
No equipment, solvents, paint, asphalt, or debris of any kind shall ;,be .placed, ,stored, or
allowed within the protective barrier.
Noise
1. During the construction period, the. proposed project shall incorporate. the noise control
measures contained in the noise. assessment (Illingworth & Rodkin,~ Inc. -2005). These noise
control measures shall be included on Improvement Plans submitted to the City as follows:
Noise-generating construction activities shall be conducted in accordance with Section.
21.030.A of the City of Petaluma Zoning Implementing Ordinance;.'-This section limits
construction to 7:00 a.m. to 10:00 p.m. Monday through Friday and.. between 9:00 a.m.
and 10:00 p.rri. on Saturday, Sunday and on State, Federal or Local Holidays.
All internal combustion engines shall be equipped with intake and exhaust mufflers -that are
in good condition and appropriate for the equipment.
"Quiet" air compressors and other stationary noise sources shall beutilized where technology
exists.
Unnecessary idling of internal combustion engines shall be prohibited:
Stationary noise generating equipment shall be located asi far as possible from
sensitive- receptors when sensitive receptors adjoin or are near a .construction
project area. Such equipment shall'be acoustically shielded.
The contractor shall prepare a detailed .construction plan identifying ~tle schedule for
major noise-generating- construction. activities. The :construction plan. shall
identify a procedure for coordination with nearby residences so 'that: construction
activities can be scheduled to minimize noise disturbance.
A "disturbance coordinator" shall be designated who would beresponsible :for
responding to any complaints .about construction ,noise:. `The disturbance
coordinator shall determine the cause- of the noise complaint (e.g., bad muffler,.
etc.) and shall require that reasonable measures 'be implemented. to correct the
problem.
Visual Quality and Aesthetics
The applicant shall 'include a deed restriction for those properties that include the
conservation easement to ensures the ,permanent reservation of these :areas; as undeveloped
managed open space. The wording for this deed restriction shall be submitted with the. Final
Map. ~ .
2. As the individual lots on the project site sell, each.prospectve homeowner- shall submit the
architecture and landscaping proposed for the individual .houses for review by the Site Plan
and Architectural Review Committee (SPARC) to ensure compatibility with the existing
neighborhood and surroundings, and with the approved PUD.
3. All outdoor lighting associated with the proposed development submitted .for review by the
Site Plan and Architectural Review Committee (SPARC) shall conform to the following
guidelines:
All exterior lighting shall be directed onto the project site ,and. access ways and
shielded to prevent glare and intrusion onto adjacent residential properties and
naturaUundeveloped areas. Plans submitted for SPARC review and approval shall.
incorporate lighting plans, which reflect the location and design of all proposed
streetlights, and any other exterior lighting proposed.
Development plans shall be designed to avoid vehicular lighting impacts to bedroom
areas and other light-sensitive living areas of any nearby residential lot, home or
facility. Development plans for lots proposed at street intersections or in other
potentially light-sensitive locations shall incorporate architectural or landscape
design features to screen interior living space from headlight glare.
No illumination shall be installed within the conservation easement area.
The improvement and landscape plans prepared for the project shall reflect the
location and design details of all light fixtures proposed. Said locations and details
shall be reviewed and approved by the Site Plan and Architectural Review
Committee.
Hazards & Hazardous ..Materials
1. Prior to construction, the construction contractor shall prepare a Hazardous Materials
Management Plan for approval by the City. The plan shall include specific information on
how the Contractor intends to safely transport and store fuels, oils, coatings, and cement, and
conduct fueling and equipment maintenance operations. In addition, the plan shall describe
measures to contain rinsate resulting from the cleaning of equipment.. Rinsate shall not be
allowed to be discharged to the ground but must be contained and disposed of off site, at a
location designated in the plan. The plan shall also include specific measures to be
implemented in the event of a release of a hazardous material into water or onto wand. The
Contractor shall be required to have on hand at all times adequate absorbent materials -and
containment booms to handle a spill equivalent to the largest container of fuels. or oil in their
possession.
2. Sampling shall be conducted to determine the presence or absence of ACM and lead-based
paint in the existing house. An ACM Investigation shall be performed by an Asbestos
Hazardous Emergency Response Act (AHERA) certified inspector under Toxic Substances
Control Act (TSCA) Title II and certified by Cal Occupational Safety Health Administration
(OSHA) under State of California rules and regulations (California Code of Regulations,
.Section 1529). Surveys for Iead-based paint shall be conducted. prior to restoration of the
existing house on the project site. Lead-based paint and ACM shall be remediated according
to all applicable state and federal regulations.
1:~
Cultural Resources
1. The proposed project shall comply with the following recommendations coritairied in the
report entitled Historic Structures Evaluation of the House Located at 674 Sunnyslope Road
(Archeological Resource Service 2008) and in the peer review of thatreport (Carey 8z Co.
2007):
The character defining features of the historic house shall be retained in the; proposed
project and in all future projects.
A window survey of the house at 674 Sunnysl'ope Road shall'be conducted before any
alterations are undertaken. This survey, to be, conducted by a qualified Historical
Architect, shall include close inspection of the 'size, type and condition of all
existing windows, and shall assess.the feasibility of repair, instead of;replacement.
Based on the results of the window survey, the .existing wood-frame windows
shall be repaired, or, if repair is not :feasible, shall be replaced in. kind with 'wood-
frame windows that duplicate the pane patterns and wood window trim detail of
the existing windows.
The project sponsor shall. explore ways. of retairiing as much of the distinctive historic:
material contained in the interior of the house as possible:
2. If deposits of prehistoric or historic archaeological materials, including but not' limited. to.
charcoal, obsidian or chert flakes, .grinding- bowls, hell `fragments, b9ne, ~pgckets of dark,
friable soils, glass, metal; ceramics, wood or .similar debris; are discovered 'during grading;.
trenching, or other on-site excavation(s), earthwork within 25 feet of these. materials shall be
stopped until a professional archaeologist certified .by theRegistry of :Professional
Archaeologists (RPA) has had an opportunity to evaluate the signif cance of `the f nd and.
suggest appropriate mitigation(s), as deemed necessary.
3. If paleontological resources are uncovered. during grading or other ;on-site excavation(s),
earthwork within 25 feet of these materials shall be stopped until. a certf ed professional
archaeologist/paleontologist has had an opportunity to evaluate theignificance of the .find
and suggest appropriate mitigation(s), as deemed' necessary.
4. If human remains are encountered, work within 25'' feet of the discovery :shall. be redirected
and the County Coroner notified immediately..At the same time; ,an archaeologist shall be
contacted to evaluate the situation. Project personnel ;shall not collect or, ;move any human
remains and associated materials. If the ;human remains are of Nati e American origin,; the
Coroner must notify the Native American Heritage,. Commission within 24 hours of
identification. The Native~American Heritage Comrnissi`on'would identify a Native American
Most Likely Descendent (MLD) to inspect the site and provide .recommendations for the
proper treatment of the remains and associated. grave goods. Upon. completion of the
evaluation, a report shall be prepared documenting `the, methods and results; as well as
recommendations for the treatment of human remains and any associated cultural materials;
as appropriate and in coordination with the recommendations of the MLD: The report shall
be submitted to the City and the Northwest Information Center:
Mitigation Measures/Monitoring
~~
Implementation: ~ '
1. The applicant shall be required to obtain all required permits from responsible
agencies and provide proof of compliance to the City prior to issuance of grading
permits or approvals of improvements plans.
2. The applicant shall incorporate all applicable code provisions and required conditions
into the design and improvements plans and specifications for the project.
3. The applicant shall notify all employees, contractors, and agents involved in the
project implementation of all conditions applicable to the project and shall ensure
compliance with such conditions. Applicant shall notify all assigns and transfers of
the same.
4. The applicant shall provide for the cost of any conditions that involves on-going
operations on the site or long-range improvements, such as archaeological resources,
etc.
Monitoring:
1. The Building Division, Planning Division, Engineering Section and Fire Departments
shall review the improvement and. construction plans .for conformance with the
approved project description and all applicable codes, conditions and permit
requirements prior to approval of a site design review, improvement plans, grading
plans, or building permits.
2. The Planning Division. shall ensure that. the applicant has obtained applicable required
permits .from all .responsible agencies and that the plans and specifications conform. to
the permit requirements prior to the issuance of grading or building permits.
3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all
improvements. shall be subject to inspection by City staff ,for compliance with the
project description, permit conditions, and approved development or improvement
plans.
Construction Measures:.
1. The applicant shall designate a project manager with authority to implement all
conditions of approval and provide name, address, and phone numbers to the City
prior to issuance of any grading permits and signed by the .contractor responsible for
construction.
2. Required during construction shall be listed as conditions on the building or grading
permits and signed by the, contractor responsible for construction.
3. City inspectors shall insure that construction activities occur with the approved plans
and conditions of approval.
4. If deemed appropriate by the City, the applicant shall arrange apre-construction
conference with the construction. contractor, City staff and responsible agencies to
review the conditions of approval prior to the issuance of grading and building
permits.
1377809.2
1~
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RESOLUTION O>F' THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING A PLANNEID UNIT DISTRICT UNIT DEVELOPMENT
PLAN Alvl). DEVELOPMENT STANDARDS FOR THE SUNNYSLOPE II
PRO.IECT, APN: 019 203-008
WHEREAS, an application and. vesting tentative map has been submitted to subdivide
an 8.6 acre parcel at 674 Sunnyslope ..Road, AP.N-0`19 203-008 into a 19-unit single family
residential subdivision referred to as Sunnyslope II, within the Sunnyslope Area Planned Unit
District ("PUD"), together with a Unit Development Plan and amended .Development Standards
"the Project"); and
WHEREAS, on. June 3, 1991, the City Council adopted Ordinance No. 1856 N.C.S.,
prezoning the Sunnyslope Area to R-16500 Single Family Residential and to PUD and
establishing maximum development potential for APN 019-203-008; and
WHEREAS', on .June 3, 1991, the City Council adopted.ResolutiomNo. 91-152 N.C.S.,
establishing as PUD development. standards for the Sunnyslope Area the provisions of the R-1
20,000 residential zoning district as established in the former City of Petaluma Zoning
Ordinance; and
WHEREAS, Resolution No: 91-152 N.C.S.. further provides that "At the discretion of the
City .Planning Commission and the City Council; minimum parcel size and minimum lot
dimensions may be altered as appropriate to promote: the most environmentally=sensisitive and
land-efficient lotting patterns without, however, exceeding maximum development potential as
noted in the attached Exhibit A; and
WHEREAS, the City of Petaluma General Plan 2025 ("General Plan") at Policy I-P-S
provides in pertinent part, "The unit yield calculation historically used in the Sunnyslope
Assessment District; per the 1985 annexation, is superseded by the density ranges in the General
Plan...."; and
WHEREAS, the General Plan establishes Very Low Density Residential as. the land use
for APN 019 203-008, with a density range. of -.6 to 2.5 dwelling units .per net acre; and
WHEREAS,. the Project includes in its proposal the construction of two on-site units
affordable to very low income households, thereby making the Project subject to California law
and eligible for a grant of additional units as adensity bonus for the Project, pursuant to
Government Code §65915 et seq.; and
WHEREAS, on December 8th and December 22, 2009,. the Planning Commission
conducted .duly noticed hearings. on the Project and after consideration of all. documents and
.evidence submitted, recommended Project denial as set forth in Planning Commission
Resolutions No. 2009-04, 2009-OS and 2009-06, respectively; and
l/
WHEREAS on February 22, '20.1.0;,in compliance with: the. California Environmental
Quality Act ("CEQA"); 1:4 California Code of Regulations; Chapter 3 ("CEQA Guidelines") and
the Cityof Petaluma Environmental Guidelines,.. the City Council. approved a' mitigated negative
declaration and mitigation monitoring and reporting program for the P,r"oject and
WFIEREAS, on.:February 22, 201; b the 'City Council held a. duly noticed public hearing to
consider the Project, including the proposed PUD Unit Development Plan. and amended PUD
:Development Standards.
' NOW', THEREFORE, BE IT RES®IVED TI~A'T the, City Council 'finds' and
determines as follows:
1. The PUD Unit Development-.Plan.. for the Project consists of the Vesting Tentative
Map, Sheets TNI-1 through T1VI-15 dated November .1$, 200:8, as modified by
conditions. of approval contained in the Resolution.. Approving Vesting Tentative
Map presented and approved by the City Council on February 22, 2010, ah
mitigation measures adopted,for the Project; and the PUD Development Standards
and Design Guidelines for'the ~S'unnyslope II Project attached :hereto as Exhibit. A
and incorporated herein by reference.
2. The Project as proposed in the PUD Unit Development Plan;is ..consistent with. the
General Plan in that:
a. The Project residential development .consistent with the General Plan land use
designation; for the site: The density of 19 units for the Project, including six..
-bonus units calculated. pursuant. to State .law; is consistent with General .Plan
• Policy 1-P-5, and the General Plan density range for the site calculated :on: net
acreage of approximately 7.62 acres using the Very, Low Residential, density
• .range of 0.6 to ;2.5 dwelling units per net acre, resulting, in a range: for the
Project between 4.9 and 19°total units.
b. The Project includes an irrevocable offer of dedication to the City of a 20: foot
portion of the Urban Separator Pathway located on the Project site;. consistent
with General Plan Policy I-P-21.
c. The Eroject 'includes an irrevocable offer of dedication whi°ch-wll provide a
i 0 foot wide easement. and trail allowing: public access from ;Sunnyslop"e.~ Road.
through the Project connecting to the Urban Separator Pathway; at such-,time
as the Urban Separator Pathway is connected on either side~of the'.Project'.
d. The Project protects approximately 2:5 acres of hillside area in theupper'
portion of the site with a scenic open, space easement, locating ~residenfal.
development lower on the site; consistent with General Plan'Policy 1-P-16.
3. The Project is consistent with the 'Implementing Zoning :Ordinance. in that the
Project site is zoned PUD, and the Unit Development Plan, and 'bevelopment
Standards resultin a more desirable use of eland and: a better physical environment.
than would be provided by any single zoning district or combination of zoning
districts because the home sites are located at lower elevations on the site and a
scenic open space easement affecting the upper portion of the site will protect
approximately 29 percent, or 2.5 acres of the site as permanent open space. The
Project incorporates elements and standards which meet the requirements of
Implementing Zoning Ordinance Chapter 19.
4. The Project is proposed on property which has a suitable relationship to one or
more thoroughfares, with a private road through the Project, and access onto
Sunnyslope Road, a public .street, which is adequate to carry traffic generated by
the development. as determined in project traffic analysis contained in the Initial
Study and Mitigated Negative Declaration.
The plan for the Project presents a unified and organized arrangement of buildings
and service facilities which are appropriate in relation to adjacent or nearby
properties. The Project is entirely residential, with density of 19 units on 6.1
gross acres; resulting in approximately 3 units per gross acre. ~ Surrounding
neighborhoods are .residential and range from the Suncrest, Pinnacle and Premo
subdivisions to the west at approximately 1 unit per gross acre to the Westridge
subdivision to the east with a gross density of approximately 4.5 units per gross
acres.. The Project will be largely consistent with the visual character of the wider
area, which consists primarily of low density residential development with
undeveloped open space on the steeper slopes: The Project development
standards require landscaping that serves as a transition between structures and
natural terrain.. Mitigation Measure AES-2 requires Site Plan and Architectural
Review and approval for construction and landscaping plans for each home to
ensure compatibility with the existing neighborhood and surroundings.
6. The natural. and scenic qualities of the site are protected by the. 2.5 acre scenic
conservation easement, preservation and protection of trees, landscaping approval
subject to Site Plan and Architectural Review, location of home sites on the lower
portion of the site and dedication of a segment of Urban Separator Pathway to the
City for public-use.
7: The development of the Project in the manner proposed will not be detrimental'to
the public welfare, will be in the best interests of the City and as described above
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.
BE IT FURTHER RESOLVED THAT on the basis of the above findings, the City
Council hereby approves and adopts the Unit Development Plan for the Project and the PUD
Development. Standards and Design Guidelines for the Sunnyslope II Project attached hereto as
Exhibit A and incorporated herein by reference.
1377808.2
~~
EXIIIBI'I' A
PITD DEVE'I..OPIVIEIV'I' STANDARDS Alm .DESIGN GiJIDEI,INES FOR
TIE S~1IVYSLOPE II PROJECT '
I. PiIRPOSE:
A., The purpose ofthis document is to provide written standards for lot development
in the Sunnyslope.II .Subddvison ("the Project"). The overall objective is to provide
specific standards and guidance for individual lot development _in a sensitive setting
..abutting the Urban Separator, Urban Separator Pathway,and the Urban Growth
Boundary, which will encourage excellence of siting and design to complement the
existing`.natural setting. In additonto this document, all lot owners/builders should
reference Ordinance No. 1856 N.C.S., establishing the Sunnyslope Planned Unit District
and the City Council. Resolutions approving the Project, the Initial. Study and Mitigated
Negative Declaration_and Mitigaton,Monitoring and' Reporting Program, and the
Vesting Tentative Map for the Project, as well as all Planning Commission site design
and architectural_review standards and approvals for the Project. The Unit Development
Plan for the.Project consists of the Vesting Tentative Map, Sheets TM-1 through TM-15
dated November 18, 2008, as modified by conditions of approval contained. in Resolution
No. 2010-XX~~, approving the Vesting Tentative Map for the Project adopted by the
City Council on February 22, 2010, all mitigation measures adopted for the Project, and
these PUD Development Standards and Design Guidelines.
B. The matters addressed herein are intended to supplement the City of Petaluma's zoning
regulations and building requirements and..to promote environmentally senstive.and
logical`development ofproperties within the subdivision.
II. USES:
A. Permitted Principal and Accessory Uses:
1. Perrriitted~ principal uses and permitted accessory uses in accordance with the R-
2:Zoning District Standards of the City of Petaluma Implemenfing Zoning
Ordinance, .Ordinance No. 2300 N.C.S. (IZO).
2. Accessory dwellings in accordance with IZO Section 7.030
B. Prohibited Uses:
1. Prohibited uses in accordance with the IZO R-2 Zone District Standards.
III. PROCEDiJRES
A. Architectural, site and land. scaping plans proposed for construction of indiuidual.homes
on any lot in the Sunnyslope II Subdixison shall be submitted.forsite;plan and
architectural. review by :the Planning Commission prior to issuance of a `building permit
to ensure compatibility with the existing neighborhood. and surroundings, and:
compliance w_th~these Development Standards' and the PUD Unit;Developrnent Plan.
The City of Petaluma shall; review the :design,. site layout and landscaping plans for
futurealterations; additions'or structures after initial construction prior to issuance of a
.building permit.
B. All buyers of lots shall be given a copy .of these PUD Development Standards by the
seller/developer prior. to time of purchase of the property.
C. From.time-to time, it.may be necessary and/or desrable.to modify the.approved Unit.
Development ,P1an..Modifications of such plan maybe initiated by'the City Council, the
Planning Cornrnisson, or by the property owner; ,his authorized agent or developer.. .
. Modification of the i7nit Development Plan. shall be subject to tZ0 Chapter 19' and/or
and/or other applicable regulations, codes, ordinances or enactments of the~City; as those
regulations, codes; ordinances or enactments mayexisf at the time of`any such
application for modification of the Unit Development'Plan.
Minor modifications to the; PUD Development Standards may be approved in
accordance with -IZO :Section 19070 and%or other applicable regulations, codes;,
ordinances or enactments of'the City, as those regulations, codes, ordinances or
enactments may be from time to time: amended.:
N. GRADING AND DRAINAGE
A. Excavation, -.fill and. "significant grading" and paving for `lot-specific development shall
be limited as -shown on the approved. PUD Unit. Development Plan, except for'necessary
driveway and pedestrian:access; rear yards not visible from the main street. and.required
utilities.
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B. Graded slopes in excess of3: 1 shall not be.perrntted for, all proposed private landscape
areas, except where steeper slopes have been approved for street grading transitions and
as shown on the. approved. PUD Unit Development Plan Grading Plan. Steeper grades
within private landscape areas not shown on said plan shall require approval by the
Planning Director.
C. The height of exposed retaining walls and pony walls of buildings shall be limited to a
maximum of 5 feet.
D. Driveway slopes shall not exceed 18%
E. All grading activities shall be:completed prior to October 15~' unless specifically
approved by the City Engineer. Erosion Control Measures shall be installed per the
satisfaction of the Ciry Engineer prior to saiddate.
F. All grading. and excavation shall conform to the geotechncal investigation report
prepared for this project by IVlichelucci & Associates. The project's geotechriical
engineer shall approve the grading plans. Applicable subsurface drains required for filled
areas shall be wthinappropriate easemerits if`not within the public right-of--way. Plans
submitted for approval of individual lot development permits shall also reflect,
compliance with the report recommendations as it relates to -the specific site and
structural improvements proposed.
G. No lot-to-lot ;drainage shafil be allowed except. in areas as shown on the approved PUD
Unit Development~Plan Grading -Plan, Surface run-off that is collected within each
individual lot shall be conveyed to an approved outlet or surface dispersion area. In order
to minimize erosion, surface drainage on slopes exceeding 25% shall be directed to
erosion resistant swales. Swales shall be connected to an approved outlet or surface
dispersion. area. All graded. swales in excess of'S% longitudinal slope shall be erosion
resistant.
V. ARCI~'I'ECTURAI~ DESIGN
A, These guidelines are intended to encourage quality and innovation of design.. Examples,
which are for'illustration only and' are not exclusive; .include horizontal siding with brick
or stone accents, as viewed from the street, multi- iglu windows, window sills, porches
.and balconies,, enclosing exposed understory supports, structure massing and the like..
Large blank walls should be avoided when possible. New-house design should reflect as
near as possible the`topography of individual lots. Finished first floor elevations, where
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practical, shall be stepped at reasonable 'intervals to follow changes in existing grades.
B. Contrasting architectural. designs shall be acceptable. Variety should be obtained as-well
by use, of form, color;. texture a.nd material;
C. Structures should be designed to reflect a pleasing sense of scale with ;tlie surroundings.
D. Highly reflective colors and'. surfaces are pohibited,, 'Bright-colors may be acceptable on
a very limited basis "for accent or emphasis but the use should be subtle; and sensitive.
E. -Roof ng•materials shall be class "A" rated or better ;and may include, concrete.. tile, terra
cotta. tile, clay tile; metal tiles and :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: To reduce overall height, mass and, bulk and avoid adverse visual
impact, :roof pitches. should not exceeda 9 and 12, pitch. Architectural features such as
dormers are encouraged as longas they do not. substantially increase the bulk and.mass
of "the structure. Roof forms .and rooflines should be broken_into° a series of small
• building components:. Long, linear, unbroken rooflines are discouraged:
F. All outdoor mechanical equipment, including, satellite dishes (larger than 24 'inches),
shall be visually screened. or out of public view upon installation,: subject to the approval
of the Comrituriity Development Department. Screening. devices shall be shown on
.construction and/or landscape plans.
G. Solar .eguipmerit; panels or' other collectors should give the appearance of being built-'in
to the structure. Exposed supports, excessive lengths of exposed piping; etc:, are not
acceptable.
H. All. exterior light fixtures 'shall be shown on plans:.All lights attached to :buildings. shall
provide a soft "wash" of light against the wall:and/or use opaque glass:; All lights shall..
:conform to City Rerfornarice Standards (e:g:, no direct glare, no'poles iri'excess of 8 feet
'inaieight; except city approved. street lighting) and shall complement building,
architecture. Uplightng of trees shall be 'acceptable. Landscape and walkway aights are
also acceptable provided they are low-voltage type and the fixture type directs light
toward the dwelling: or the .ground.
I: Refuse containers .arid. woodpiles 'shall'be situated so. that they are not visible from the
street and adj acent properties.. .
J. House plans that are to; be repeated. shall incorporate architectural design changes, for
exterior. elevations o that no:two home exteriors,will look alike..
K. Architectural design shall reflect a "custom" .appearance, which is sensitive to lot-specific
topography and site design issues (e.g. proximity to~trees and neighboring developments,
views, etc.). No eight=inch OC TIh type siding shall. be allowed: Twelve-inch reverse
boazd and batten siding, horizontal siding,. shiplap siding, stucco, vertical redwood or
cedar siding and Mediterranean styling aze examples of materials and architectural
concepts that are encouraged.
L. The architectural treatments utilized on the street elevations of each of the approved
house designs are, encouraged for use around the sides and rear elevations of the
buildings. Masonry veneer treatments and unique elevation treatments need be carried
gnly on the front elevations. This requirement includes, for example,. special gable end
sidings such as shingles, custom gable end. vents,. wood or stucco siding, special gable
end. stick-work and window, door trims and windows. The window and door trim, color
schemes and special gable end. treatments shall be installed on all elevations. Approved
.siding materials shall be consistent on all elevations.
M. External downspouts: shall be painted. to match background-building, colors unless used
as an architectural feature. Scuppers without drainage pipes may not be installed because
of probable staining of walls (overflow scuppers are. excepted).
N. Side, rear or setback gazage door entrances shall be encouraged where possible.
Windows in garage doors aze also encouraged to help avoid the normal garage door look
from the street.
O. Other than for the two very-low-income units in the project, 2,200 sq.ft. of living space
excluding the garage(s) shall be the minimum square. footage allowed on any lot.
P. Address must be posted at or near main entry door, minimum four (4) inch letters on
contrasting background. Address locator required to be posted at or near- the driveway
entrance. Reflectorized numbers aze acceptable. Location and design to be approved by
the Fire Marshal's office.
Q. Mobile homes, pre-manufactured homes, or log homes are not allowed. Temporary sales
or construction trailers 6y builders or developers are allowed during the sales of any lots
or construction and/or sales of homes.
VI. JFIRE SPRNKI,ERS.
Per City of Petaluma Ordinance 2084, all new residences (including bathrooms over SS square
2,~
feet,- closets over: 24 square feet, or 3 ':feet deep, sand in other attached structures) shall have fire
sprinkler systems: designed and installed in_ accordance with NFPA 13-D: These aystems shall be
calculated for, two-head activation for'the most remote:two heads. Activation of the fire
sprinkler system shall sound. an interior. alarm that will notify normally occupied spaces:
VIII. ZOT SITING AND SETBACKS
A. Excluding the two. very-low-income lots and the historic home lot, the:minimum lot
size shall be 1,0;000 sq.ft. No further subdivision of these ots shall, be permitted.
Accessory dwellings are permitted with a"iJse Permit in accordance with the City of
:Petaluma zoning ordinance:
B: Setb"ticks for all primary and accessory structures shall be as shown on the approved
PUD .Plan.
C. Except where specif ed:under these PUD Standards, all properties and .uses within the
subdi i'sion shall be .regulated in a manner consistent with the IZO R 2 Zone District.
D. The maximum buildirig~ footprint .coverage for all lots, `including all accessory
tructures, covered decks, covered-patios and carports shall not exceed T0,000 sq.ft.
Coverage shall not, include roof overhangs, open wood :decks or open patios and paved
areas: Maximum lot coverage for all" other lots shall be consistent with provisions of the
IZO R-2 Zone..
E. Magnum permitted building'heght'fnr all lots shall be 25 feet. Building height shall
be measured as'the ~ertical;distance from the average of'the highest point of building.
contact and the lowest .po'int'. of building, contact to the highest°point of :the coping: of a
flat roof `or°to the ridge of the:roofliiie of'a mansard-.roof or the average. height. level.
between eaves and ridge for gambrel, hip or galiled'roofs. Maximum.permitted building
height for new accessory structures shall be limited'to 15' except as permitted for
approved accessory dwellings: '
F. Building, outside. the building. envelope-,will be limited to `single story non-occupancy
structures, patios, decks acid swirnming,pools: in accordance city provisions of the IZO
R,2 Zone District.
IX. PARKING DESIGN
A. New construction of dwelling units shall include one space that. shall be cowered and:.
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two additional spaces that may be open and locatedin the driveway. Required existing
covered parking facilities may be converted into living quarters, subject to the requirement
that if thecovered parking space is taken away from living quarters, it be replaced by a
parking space that conforms to the Standards for Off-Street Automobile Parking Facilities as
outlined in Section 11.070 of the Implementing Zoning Ordinance
X. LANDSCAPE DESIGN
A. Landscape and irrigation systems shall comply with applicable City water
conservation requirements, .including but not limited to Petaluma Municipal Code
Chapter 15.17: Front yard landscaping and irrigation systems must be approved by
the City of Petaluma Planning and Building Department as part of the building
permit review process.
B. Landscaping should soften and enhance the improvements,, tying them to the land.
The landscaping shall serve as a transition between structures and natural terrain.
Fire resistant landscaping for private lot development shall be encouraged.
Irrigation to serve. all landscaping in street tree planter' strips adjacent to private
residences shall be designed to connect with the private lot irrigation systems of
the adjoining lots.
C. Each property owner is responsible for installing. irrigation; landscaping and
perpetual maintenance of areas between his property and the curb.
D. Tree removal .shall be based on the criteria as ..stated in IZO Chapter 17 (Tree
Preservation).
E. All frees shall be a minimum of 15 gallons in size unless otherwise specified;
smaller (S 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 atwo-inch deep bark. mulch as a temporary measure until the
ground cover is established.
F. All plant;materal shall be served by an automatic underground irrigation system.
G. A11 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
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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 the: health and
vitality of andscape 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. The landscape plan 'shall .include
street trees with planting design and .species for Staff approval. 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-
permitfingtime, ,
I. Linear root barrier systems shall be utilized -for trees near, public streets or
walkways as needed, subject to City standards.
J. All turf; groundcovers and shrubs shall.be kept a minimum of 2' from the base of
al'1 newly planted "trees; construction plans shall :contain specifications to this
effect.
K. Landscape construction. drawings shall contain detailed planting and irrigation
plans' for all. public area landscaping; aubject.to `City standards. Plans shall identify
all proposed species :and. plant spacing and shall include planting .details. consistent
with City standazds: Separate planting legends !shall 6e utilized''for public and"
private area plant lists. Plant. quality ..specifications shall be provided to the
landscape contractor for all public area street trees and submitted for staff review
,prior to approval. of,construetion permits/public improvements.
L, A I,andseape Assessment D'istriet~ administered b"y" "the City 'of Petaluma shall be
responsible for the maintenance of the island. canoes at the end of .the cul-de=sac. A
drip system will. be installed at the time of'construction of he.:house.
M. The project developer shall complywith 1Vlunicipal Code Chapter 17.3'0, "Storm
Drainage Impact:Fees."
N. Underground utilities such as water meters and sewer laterals shall be ,placed to
avoid. conflict with street tree planting; locations within,. the treet .right=of-way.; .
Transformer vaults; fire hydrants and light standards shall be located 'in "a manner:
which allows reasonable rripl'ementation of the approved 'street treeplanting plan
gP _ _ .
for the project without compromism ublic safety. .
O. ~ A11 work within a public. right'-of=way requires an excavation; permit. from the
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Department of Public Works.
X. FENCES
A. 6-feet-high solid fencing shall be allowed on property lines within .100. feet from the
house. All other fencing: shall be open wire unless shown differently on the City-
approved fencing plan..
B. Optional use of lattice or'trellising to provide additional. screening above a 6-foot solid
fence, where a 5-foot fence:is permitted, not to :exceed 8' feet in height, shall be subject to
Staff review and approval at time offence permit application.
XI. CONSTRUCTION
A. All 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 shall comply with .applicable Zoning Ordinance and Municipal:
Code Performance Standards (noise, dust, odor, etc.).
C. -Prior to any construction activity on the site, protective fencing. shall be installed at the
dripline of exsting;trees located within the immediate vicnity.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 will report to staff, with costs borne by the
project proponents.
D. High- or moderate-value trees in good condition (as,identf ed under the arborst 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 threel5- 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.aetivity shall be limited to the hours and
days as regulated b<y the City of Petaluma. Indoor work may also be conducted on
Saturdays from. 8:00 A1VI to 5:00 PM, provided noise levels generated are within the
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limits' of'the City of Petalumanose limits. No construction work shall be p'.ernutted.;on
recognized holidays and Sundays,. `The developer shall designate=a construction
management personresponsible-.for responding., to any complaints generated regarding.
.excessive noise during construction. Atelephone number for~contacting the designated:
individual, shall be~ conspicuously posted at the :construction site. The responsible .
authority shall determine the cause of:noi'se complaints received and~irnplernent
reasonable measure to resol~e`the issues.: City staff shall monitor' complaints-reeeiued and
take reasonable steps ,to resolve'issues in'a Timely manner.as they. arse;~includng
enforcement.. of abatement` proceduresto bring violations into conformance with the City
~,
General. Plan and.2oning Ordinance Performance standards ..
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