HomeMy WebLinkAboutAgenda Bill 5.BPart2 02/22/2010A°PTACH9IAE~T C
RESOLUTION OF THE CITE' COUNCIL, OF THE CITE' OF PETALUMA
APPROVING A VESTING TENTATIVE 1VIAP FOR `THE SUNNYSLOPE II PROJECT,
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, APN-019-203-008 into a 19-unit single family
residential subdivision referred to as Sunnyslope II, within the Sunnyslope Area Planned. Unit
District ("PUD"), together with a PUD Unit Development Plan and Development Standards ("the
Project"); and
WHEREAS, on December 8~' and December 22; 20Q9, 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
WHEREAS on February 22, 2010, 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, the City Council approved a mitigated negative
declaration and mitigationmonitoring and reporting program for the Project; and
WHEREAS, on February 22, 2010 the City Council held a duly noticed public hearing to
consider the Project, including the proposed Vesting Tentative Map.
NOW THEREFORE, BE IT RESOLVED that the City council finds and determines as
follows:
1. The proposed Vesting Tentative Subdivision Map, as conditioned, is consistent with the
provisions of Title. 20, Subdivisions, of the Petaluma Municipal Code (Subdivision
Ordinance) and the California Subdivision Map Act.
2. 'The proposed subdivision, together with provisions for its design and improvements, is
consistent with the City of. Petaluma General Plan 2025 (General Plan) because:
a. Residential density of 19 units for the Project, .including six. bonus units calculated
pursuant to State law, is consistent. with the General Plan land use designation for
the site; with General Plan Policy 1-P-5,. and with 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 arrange. 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 Project includes an irrevocable offer of dedication which will provide a 10
foot. wide easement and trail allowing public access from Sunnyslope Road
through the Project connecting to the Urban Separator Pathway, at such time as
the Urban Separator Pathway is connected on either side ofthe-Project.
d. The Project protects approximately 2.5 acres of hillside :area in the upper portion
of the site with a scenic .open space easement, locating residential .development
.lower on the site, consistent with General Plan Policy 1-P-16..
3. The proposed subdivision, together with provisions for its' design and improvements,, will
not 'be detrimental to the public health, safety, or welfare because adequate public
facilities exist or will be installed, .including roads, sidewalks, water,. sewer,. storm drains,
amd other infrastructure. The single sidewalk,proposed for the Project does not jeopardize
public. safety because: ofthe semi-rural character of the site, the Project lot: configurations
and the relatiwehy small number of residences which will use the private street ~on which.
the sidewalk is located.
4. The Project is consistent with the, City of Petaluma Implementing ~ Zoning; Ordinance
because the Project site. is zoned PUD, and the Project, 'including- the:Unit:Development.
Plan and :Development Standards; :incorporates elements and standards which meet the
requirements of Implementing Zoning Ordinance Chapter 19.
5. The .Project .site is physically suitable -for the density and the type of development
proposed because, the density for the Project is consistent with. the General Plan density
range :for the site;' development is .sited on portions of the. site with slopes less. than 30%
the upper portion. the Project adjacent to the Urban Separator Pathway is protected by a
scenic open space easement; and the site accomodates a Project. which is generally
compatible in character of use and physical design with surrounding uses.
6: As concluded in the Initial Study:and,Mitgated Negative Declaration adopted for the
Project, neither the design of the subdivision,nor the proposed improvements is likely to
cause substantial environmental darriage, or substantially or avoidably `injure fish or
wildlife or their habitat.
BE IT FURTHEI2..RESOY~VED that ,on the basis of the above findings, the Petaluma.
City Council. approves the Vesting'Tentative.Map; subject to the conditions of approval set forth.
in Exhibit A hereto.
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EXHIBIT A
CONDITIONS OF APPROVAL
From Planning:.
1. Before issuance of any development permit, the applicant shall. revise the site plan or other
first sheet of the office and job .site copies of the Building Permit plans to list these
Conditions of Approval and the Mitigation Measures as notes.
2. The. plans submitted for building permit review shall be in substantial compliance with the
plans date stamped August 3, 2009.
3. .All mitigation measures adopted in conjunction with the. Mitigated Negative Declaration for
the Sunnyslope II project are herein incorporated by reference as conditions of project
approval.
4. Upon approval by the City Council, 'the applicant shall pay the Notice of Determinafion:fee
pursuant to Fish and Game Code Section 711.4(4) and the California. Environmental
Quality Act (CEQA} to the Planning Division. The check shall be .made payable to the
County Clerle, in the, amount required and published by the Sonoma County Clerk for such
fee. Planning .staff will file the Notice of Determination. with the County Clerk's office
within five (5) days of receiving Council approval,, provided that the. applicant provides the
required environmental filing fee to the City within one day of proj ect approval.
5.
6. The building elevations;. site plans and landscape plans for houses within the Project are
subject to site design and architectural review and approval by the Planning Commission
prior to issuance of any grading or building permits. The applicant shall record Deed
Restrictions on Lots 10,11, 12 and 13 that restrict improvements or modifications to the
property on the uphill side of the limit of grading line-shown on the .revised tree and grading
exhibit labled EX-l,dated February 9, 2010. This designated area shall be retained in a
natural state with no man-made structures, paving or grade changes allowed. Landscaping
improvements' are allowed that utilize native plants consistent: with the natural setting. The
Deed Restrictions shall be reviewed and approved by the City Attorney and recorded prior
to approval of the Final Map.
7. No retaining walls shall be taller than 5', except as approved by the Planning Commission..
8. All work within. a public right-of-way requires an encroachment permit from the
Community Development Department.
9. A reproducible: copy of the fmalized PUD Unit Development Plan and written PUD
Development Standards and :Design Guidelines incorporating all project conditions of
approval shall be submitted to the Community Development Department prior to Final
Map recordation.
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10. ~ A reproducible. copy of the Vesting.. Tentative Subdivision Map, reflecting all adopted
conditions of approval, shall be submitted to the Community Development Department
prior to Final 1Vlap recordation:
11. The applicant: shall :,incorporate the following Best Management P,ractces~ into the
construction and 'improvement, plans and .clearly indicate these. provisions in the
specifications.. The construction contractor shah.incorporate these measures into the, required
Erosion and Sediment Control- Plan to limit fugitive dust and exhaust emissions during
construction:
a. Grading and construction equipment: operated during construction activities shall be
properly muffled and maintained to mi-nimi~e emissions. Equipment shal'1 be
turned off when not in use. •
b.. Exposed soils: shall be watered periodically during construction, a minimum of
twice daily. The frequency of watering shall be increased. if wind speeds exceed. l 5
mph. Only purchased. city water or reclaimed. water shall be used for this, purpose.
Responsibility for watering shall include weekends and holidays when work 'is not
in progress.
c. Construction sites involving earthwork shall provide for: a ,gravel pad area
consistin ; of an im ermeable `liner and drain rock. at the .construction entrance to
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-clean mud and ~ debris from construction vehicles prior to entering the, public
roadways.: Street surfaces'in the vicinity of the project shall be routinely swept and
cleared of mud and dust carried onto the street'by construction vehicles.
d. During; excavation activities, haul trucks used to transport soil shall utilize tarps or
other similar covering• devices to .reduce .dust emissions. •
e. Post-construction re-vegetation, repaving or soil stabilization of exposed. s "oils. shall
be completed. in a timely manner according to the approved .Erosion and Sediment
Control Plan and verified by City 'inspectors prior. to acceptance of improvements or
issuance of a certificate of occupancy.
f. Applicant:. shall designate a person with authority to require increased; watering to
monitor the dust and erosion control program and provide name and phone;number
to the City of'Petaluma prior to issuance of grading permit.
12. All residential units designed with f replaces shall meet the requirements: of Ordinance `.188`1
N.C.S..for clean-burning fuels.
13. Improvement plans, shall indicate that:ah construction activities hall be,lmited to 7OQ a:m.
to 5.:30 p~m. Monday through .Friday. Construction shall. be .prohibited on Saturdays,
Sundays and all, holidays recognized by the City of Petaluma, unless ~a permit is first
secured from the City Manager (or`his/her designee) for addtional.hours, 'There shall beano
start up of machines or' equipment, prior to 8:00 a.m., Monday through. Friday; no delivery
of materials or equipment prior to 7:3'0 a:m. or past 5:00 .pm., Monday through Friday;~ no
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servicing of equipment past 5:30 pm.; 'Monday through Friday. Plans submitted for City
permits shall include the language above.
14. Plans submitted. for building permits shall .include pre-wiring for solar facilities for each
dwelling .and are subject to staff review and approval.
15. Improvement plans shall indicate that. construction and: demolition debris shall be recycled
to the maximum extent. feasible in order to minimize impacts on the landfill.
16. Trees° Number 2, 3, 4, 18, and 20 shall be preserved.. Prior to initiating any construction
activity, including demolition and .grading, temporary protective fencing shall be installed
for each. of these:- trees. Should any of these five trees. be damaged during .construction
activities or be found to be in failing health within. one year of completion of adjacent
construction activities; required tree replacement shall be made on a basis of 2:1 (Example:
A 24-inch tree that does not survive, despite all best efforts to preserve it, must be replaced
with new trees totaling 48 inches in trunk diameters.) .Fencing shall be located at the Tree
Protection Zone (TPZ) and shall be illustrated on the :Improvement Plans. The TPZ
represents the area around each tree which must be protected at all times with- -tree
protection fencing. Fencing shall serve as a barrier to .prevent encroachment of any type o'f'
construction activities, equipment, materials storage, or personnel. Contractors and
subcontractors shall .direct all equipment and personnel and sub-contractors as to the
purpose. and importance of fencing and preservation. The following specific restrictions
shall apply within the TPZ:
a. No grading` shall occur within the protective barriers without prior approval by the
Director.
b. No attachments. or wires other than those of a protective or non-damaging nature
shall be attached to a protected. tree..
c. 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 a depth
that could cause root damage.
d.. When the=existing grade around a protected tree is to be raised the project arborist
and/or City arborst shall provide written directions on which method(s) may be
used to drain liquids away from the trunk...
e. 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 to allow the dripline to be left at the original grade.
f. No equipment, solvents; paint; asphalt, or debris of any kind shall be placed,
stored, or allowed within the protective barrier..
17. Prior to issuance of a building permit, temporary protective fencing shall be erected 5 feet
outside the drip° line of the remaining Protected Trees. The fencing shall be a minimum of 5
feet in height and shall. be secured with in-ground posts subject to staff inspection. Fencing
shall be installed prior to grading .permit issuance :and any .grading/construction activity.
Proof Ghat the temporary fencing has been installed shall be made to the Planning Division
by photographs.
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18. The applicant .shall be required to utilize. Best Management Practices regarding
pesticide/herbicide use and fully commit to .Integrated Pest. Management aechniques for the
protection of pedestrian/bicyclsts. The applicant shall be required to post signs when
pesticide/herbicid'e use. occurs'to warn pedestians and bicyclists.
19. All project lighting shall be downcast to prevent .glare :into pedestrians and bicyclists eyes.
20. All exterior lighting shall be ,directed onto. the ;project site and access ways and shielded- to
prevent glare and intrusion- onto adjacent residential properties aril naturaUundeveloped
areas., Plans submitted for Planning Commission design review and approval shall.
.incorporate lighting plans,, which;reflect the location and design of all proposed, streetlights;
and_ariy other exterior lighting,propgSed.
21. All new and existing overhead utilities. (except for high voltage transmission.: lines), shall be
placed underground.
22. Site access and. internal circulation. shall be revised to :accommodate recommendations from
W-Trans dated March 12, 2009; as follows:
a. Street parking; is prohibited in the cul de sac.
b. The proposed .garage on Lot 19 shall be .moved closer to the home to provide
sufficient clearance in the driveway apron for shared parking `with Lot '18, unless a
roll-up garage.door is used such that a'vehicle could park up to the ,garage door.
e. In ;final design for the proposed .building for Lot 18; the end of,the driveway to Lot
18 should have a slight hammerhead' configuration to allow a vehicle to easily back
out of.the garage on Lot L8.
23. A single sidewalk shall be on the same side ofthe private street as the majority of the guest
parking spaces. ~ '
24. The applicant shall:coordiriate with the City of Petaluina.Housing Staff'to.implement City
Council affordable Housing. requirementsforthe:proposed low-income~unts including;
enure, income qualifications; rentlsale restrictions, long-term affordability requirements.
From Publi"c Works (En ing eering~.
Frontage Improvements-(Bunn sy lope Road
2S.. Frontage, improvements shall be installed 'including;. but not .limited. to, public landscaping,
streetlights, .fire hydrants, traffic .signs, bike lane signage, striping,: pavemen"t markers :and
pedestrian ramps. Minimum trench pavement section replacerrient shall be 5-inches of
asphalt 'concrete.. over i 5='inches of class 2 aggregate base or equivalent subject to the
approval by`the. City Engineer:
26. Overhead utilities along the project frontage shall be placed underground.. across. the entire
Sunnyslope Road property frontage. All necessary service drops to existing =homes/parcels
37
across the street shall be placed underground. Joint trench plans shall be submitted for
review prior to final. map approval.
27. The necessary right-of--way and public utility easement shall be dedicated along Sunnyslope
'Road to construct the public improvements described in the conditions of approval and
shown on the tentative map. The exact dedication amount is subject to approval by the City
Engineer.
28. The existing driveway approach shall be removed .and replaced with City standard curb and
gutter.
29. Sidewalk shall conform to existing. sidewalk on both sides of the project frontage per City
standards.
30. "No parking" signs shall be installed along the project frontage.
31. All improvements shall be ADA compliant.
Grading
32. Grading shall conform to the geotechni'cal investigation report specific to this development
and subsequent updates/addendums.
33. All graded swales in excess of 5% longitudinal slope. shall be .erosion resistant. Section
4(Gj `Grading and Drainage" of the proposed PUD Development Standards shall be
revised to reflect this condition.
34. An erosion and sediment. control plan shall be submitted with the subdivision improvement
plans. All measures shall be employed per the City Storm Water/Grading and Erosion
Control Ordinance.
35. The developer. shall be responsible for funding, through the project cost recovery account,
all City required water quality inspections.
Private Street
36. The minmum:prvate street pavement section shall be 4-inches of asphalt concrete over 12-
inches of class 2 aggregate base.
37. There shall be a sidewalk on at least one side of the private street, on the same side of the
street as the majority of the guest parking spaces.
38. A stop sign and crosswalk shall be installed on the private street at the new intersection.
"No Parking" signs shall be installed along. the entire. private street and. around the
perimeter of the cul-de-sac bulb.
39. Street lights per City standards shall be installed alongthe private street frontage.
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40. Private driveways .for individual lots are; not allowed off of Sunnyslope Road. Aone-foot
wide non access easement along the entire Sunnyslope -Road frontage; excepting the project
entrance, shall be dedicated to the' City of Petaluma on the fmal map.
4.1: On-street: parking'. spaces shall be ,provided, on both sides of the ,private street within parcel
A.
Water; Sanitary Sewer,and;StormDrain.S; sy terns
42. The, storm drain system and sanitary sewer .system in the private street and on private
property shall be privately owned and maintained:
43. Individual' air-gap water booster pump systems ahall be installed, per City standards; •for all
' lots with pad elevations above 160 feet.
44. All new water services shall be 1:5-inches with 1-inch meters.
45. The storm drain system design shall be reviewed and approved by the Sonoma. County
Water Agency.
46. Abandon any existing unused. water and sewer services along the. entire Surmyslope Road
project frontage.
47. All existing septic tanks and. leachfields shall be abandoned per Sonoma County
Environmental Health Department requirements..
48. The project shall comply with the City of Petaluma Phase II Storm Water, Management Plan
including ;attachment- four posh construction requirements. The homeowners .association
shall, be responsible for providing a yearly inspection and maintenance report for -the
proposed storm drain treatment units.
49. The project~shall comply with the City's landscape and irrigation effciency standards..
Easements
50. All necessary easements shall be dedicated. on the final. map.
51. Thee proposed public access easement along the Urban Separator Pathway shall be 20-feet
wide.
52. The applicant shall- make an irrevocable offer of dedication of a public ,access easement
over the private street from Sunnyslope -Road to the end of the private street within the
Proj"ect aril a 10 foot wide :public access easement from the private street, cul-de-sae to the
Urban Separator Pathway ("connector trail") subjectto the following conditions:
a: Prior to approval~of the Final Map, the applicant. shall pay the .cost of construction
of the portion of the:: connector trail.from the private street cul-de-sac to the Urban
;Separator Pathway, .based on an engineer's estimate of the cost of work, subject to
approval bythe City Engineer.
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b. The City shall be responsible for the .design and' construction of said portion of
the connector trail.
c. The Applicant. shall make an irrevocable offer of dedication of a temporary
construction easement sufficient"for the city's construction. of said portion of
the connector trail, subject to approval by the City Engineer.
53. Parcel A shall include private access, emergency vehicle access, private storm drain, private
sanitary sewer, private surface drainage and. public water main. easements.
Miscellaneous
54. The developer shall be financially responsible for storm drain reimbursement for the
Suncrest Estates Subdivision per Resolution 2004-033 N.C.S. All payments are due, prior to
final map approval.,
55. Financial .mechanisms (maintenance agreements, CC&R's, etc.) shall be required for any
shared utilities or facilities and shall be recorded with the final map. All maintenance
documents shall identify the utility or facility to be maintained, the parties responsible for
maintenance and the funding mechanism for maintenance,. replacement and repair. All
maintenance documents shall be reviewed and approved.prior to recordation.
56. Prepare final map .and ,improvement plans per the latest City policies; standards, codes,
resolutions and ordinances. Technical. review deposits shall be required at the time of
application submittal.
57. Provide formal appraisals for developer contributions as required by GASB 34
(Governmental Accounting Standards Board, Statement 34).
58. The developer shall submit a 1:1 to scale digital file of the record subdivision improvement
plans and final map prior to acceptance of the subdivision.
59. A subdivision agreement and the necessary surety are required prior to fmal map approval.
From the Fire 1Vlarshal:
Access
60. Issues concerning grade and angle of approach for the private~.road must be coordinated
closely with both the City Engineer and the Fire Marshal's office.
61. Parking shall. not be allowed on the. private road except. in designated parking spaces. The
no-parkng areas must be properly posted with. "NO PARKING-FIRE LANE" signs as
approved by the- Fire Marshal's office.
Water Supply
62. Minimum fire flows for this project have been submitted and appear to be adequate. For
this project we require 1000 GPM at 30 psi residual at the highest elevation hydrant.
~a
63. Water demand calculations show that a pump. system will be ..required for. lots 12, 13, and
14. Sprinkler plans must provide all the details for the' pump system including pump
calculations/curves. Calculations shah consider l-1_/,2" lateral. from the main to the meter
(1") and a minimum 1-1/2"lateral from the meter to the foundation pad elevation.
Fire H, ,drants
64. Fire hydrant locations for this project will require. coordination with :thee Fire Marshal's
office prior to submittal of"the improvement plants. As an example, we will -likely request
that you add one hydrant. at the entrance: to the "circle" and move one hydrant'closer to the
private driveway serung lots '17, 18, and 19: Our "water map" shows one hydrant near the
entrance of this:' prgj'ect on Sunnyslope Road which is not. reflected in the plans. When this
project moves forward, this hydrant may need to be adjusted depending omits orientatiori'to
the main. private .street..
Sprinklers
65. Afire sprnller system designed and installed in .accordance with NFPA1'3-D is required
for all -~r~ctures.detail_ed in this. project proposal. Due to the mitigating conditions lsfed
below; the sprinkler systems for (some/all) of the. units must be upgraded' ,tp meet the
requirements of a FULLY SP,RINKLBRED system. This. includes sprinkler protection of
the attic, .garage,, attached carports, bathrooms over 5`5 sq. ft., closets .over 24 sq. ft. or 3 ft.
. deep, and/or other attached. structural elements; of the building. The system shall 'be
calculated. for -two=head activation in the attic. :All systems require 3; set.of plans to be
submitted to the Fire IVlarslial's-office for`review'~and approval.
CTeneral
66. This development. is within the boundaries of the .Fire Hazard. Severity Zone (FHSZ).
. .
Buildings constructed, in this zone are subject to the requirements outlined.. in Section
17.20.040 and as amended. by Section 4708.1.3 of the .Petaluma Municipal Code.
67. Per Section 4707.1 of the Petaluma Municipal Code, open ..space areas- are.. subject to
provisions of annual weed brush abatement. A plan that outlines the criteria for provisions
..
for abatement shall be developed and approved by the Fire Marshal's office. The plan shall
include: provsions'for fire-safe landscaping as required and firebreaks in accordance with
"fire safe standards" developed by the. State of Calif~rxua.
From Peer Review; Carey and Company.
68. Construction documents ;pertaining to the proposed project shall explicitly call out the
following:
• All existing wood-frame windows of the existing house at 674 Sunnyslope Road
will be repaired or, if repair is not feasible,.. will be.replaced ri kind with wood.-
frame windows that duplicate the pane patterns and wood window trim detail of
the existing windows. Vinyl-frame windows and false divided lights; will. not be
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used: In particular, the two double-hung windows to the left of the main entrance
will. be retained (or replaced in kind).
• The; front stairs of the. existing house at' 674 `Sunnyslope Road will be replaced in
kind, i.e., by a new wooden staircase.
• The front door of the existing house at 674 Sunnyslope Road will be replaced in
kind, i.e., by a new wooden door that is stylistically similarto the existing door.
• The fascia board and existing wood siding of the existing house at 6'74
Sunnyslope Road will be retained and repaired as needed. In places where dry xot
or other deterioration makes repair infeasible; the existing fascia board and wood
siding will be replaced;in kind with horizontal wood lap siding.
• 1Vluted, earth tone colors will be used on all painted surfaces of the proposed new
construction.
69. 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 adefense of any claim, action, or proceeding and if the City chooses to do
so appellant shall. reimburse City for attorney's fees incurred by the City.
1377811.2
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._
RESOLUTI®N NO. 2009-04
CITY OF PETALUMA PLANNING COMMISSIOiV
RECOMMENDING THAT THE CITY COUNCIL IVOT APPROVE
AN-INITIAL STUDY AND.MiTI,GATED NEGATIVE DECLARATION
FOR TWE SUNNYSLOPE~ II PROJECT
WHEREAS, an Initial. Study and Mitigated Negative Declaration assessing potential
impacts of the Sunnyslope II project (he "Project") has been prepared in accordance with the
provisions of the California Environmental Quality Act; and
WHEREAS,. the Planning Commission, at its December8 and December 22, 2009 meetings
reviewed and considered. the information in the Initial Study and Mitigated Negative
Declaration; and
WHEREAS, in its review of a proposed Planned Unit Development Amendment ("PUD
Amendment") and Vesting Tentative Map ("VTM") for the Project. the Planning Commission has
ideri#ified five issues relating- to the site plan for the Project which have caused the Planning
Commission to recommend denial ofthe PUD Amendment and VTM, including:
• Insufficient clustering of lots to meet PUD and General Plan standards.
• Inadequately minimized site grading.
• Insufficient protection of existing trees.
• Failure' to provide a required public access to the Urban Separator Pathway and
open space.
• Insufficient access for fire protection.
WHEREAS, resolution of said issues is likely to require a project resubmittal and possible
revision: of the Initial Study' and Mitigated Negative Declaration; and
WHEREAS, CEQA does not require an approved environmental document prior to denial
of a private development project.
NOW THEREFORE, BE I7 RESOLVED that the Planning Commission recommends that -the
City Council not approve the Initial Study/Mitigated Negative Declaration. for the Project.
Planning Commission Resolution No. 2009-04 ~~
ADOPTED this 22nd:day of December 2009, by the following vote:
Commissiorier Aye N'o Absent Abstain
Ab.erc~ombie X
Chair Arras X
Barrett X
Second Vice Chair Elias X
Hurley X
Vice Chair Johansen X
Pierre X
ATTEST:
_~O /L..
Geoff Bradley, Commission ecretdry"
__ G
ristopher Arras. Chair
APPROVED AS TO FORM:
Leslie Thomsen, Assistant C" t y A t t;a r n e y
Planning,r'ommission Resolution No. 2009-04
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RESOLUTION NO. 2009-05
CITY OF PEYALUii~A PLANNING CONIi1~ISSION
RECONINIENDING DENIAL OF A
PLANNED UNIT DEVELOPNIENT`(P.UD) AtV1ENDAAENT
FOR THE SUNNYSLOPE11 PROJECT
ASSESSOR`S PAR'C,EL NUMBER 019-203-008
WHEREAS, on December 8, 2009 ahd December 22, 2009, the Planning Commission held
a duly noticed public hearing to consider a proposed Amendment to Zoning Ordinance No.
1072 N.C.S., to amend the Sunnyslope Planned Unit District to allow development of 19 single
family homes on APN 019-203-008 as the Sunnyslope II Project at 674 Sunnyslope Road (the
"Project") and,
' WHEREAS, in its review of -the proposed Planned Unit Development Amendment ("PUD
Amendment") and Vesting Ten#ative Map ("VTM") for the Project. 'the Planning Commission
identified five issues relating to the site plan for the Project, including:
e .Insufficient clustering of lots to meet PUD and General Plan standards.
O Inadequately minimized site grading to meet PUD and General Plan standards.
o insufficient protection of existing trees, in violation of Chapter 17 of the Implementing
Zoning Ordinance.
Failure to provide public access to the Urban Separator Pathway and open space,
as required b.y the General Plan.
o Insufficient access for fire protection.
WHEREAS, based on the five identified issues, the proposed PUD Amendment is not
consistent with the Petaluma General Plan and is not in compliance with the Implementing
Zoning Ordinance; and,
WHEREAS, based on the five identified issues, the Project does not contain a unified and
organized :arrangement of buildings and landscaping and does not protect the natural and
scenic qualities of'the site:
NOW, THEREFORE; BE IT RESOLVED that the foregoing recitals are adopted as findings.
Planning.Commissibn Resolution No. 2009-OS ~~
BE IT FURTHER RESOLVED that based on said findings, the Petaluma. Planning Commission
recommends denial of the Planned Unit Development Amendment for the Project.
ADOPTED this,22nc1 day of December 2009, by the following vote:
Commissioner Aye No Absent .Abstain
Abercrombie X
Ghaii Arras X
,Barrett X '
Second`Vice CFiair Elias X
Hurley X
Vice Chair Johansen X'
Pierre ~
ATTEST:
.~ ~,
Geoff Bradley, Commission cre.tary
Christopher Arras, Chair
APPROVED AS TO FORM:
Leslie Thomsen, Assistant C ;t y `A t t o.r n e y.
Plonning Commission Resolution No. 2009-OS
RES®LUTIOfV NVO.2009-0`6
CITY OF PET~-L'UAAA Pt~-NIVING CO1VIi1AISSIOIV
RECOMMENDING DENLAL OF A VESTING TENTATIVE ANAP
FOR THE SU~NNYSLOPE II PROJECT
ASSESSOR'S PARGEL'NUMBER 019-203-008
WHEREAS,. on December 8, 2009 and December 22, 2009, the Planning Commission held
a duly noticed public hearing to consider a proposed. Vesting Tentative Map to allow
development of 19 single family homes on APN Ol 9-203-008 as the Sunnyslope II Project at 674
Sunnyslope Road..{the "Project"); and,
WHEREAS,- in its review. of the proposed Planned Unit- Development .Amendment (".PUD
Amendment") and Vesting Tentative 'Map ("VTM") for the -Project, the Planning Commission
identified five issues relating fo the site plan for the Project,'including:
Insufficient clustering of lots fo meef PUD and General Plan standards.
m Inadequately minimized site grading to meet PUD and General Plan standards.
e Insufficient protection of existing :trees, in violation of Chapter 17 of the Implementing
Zoning Ordinance.
Failure to provide public access to the Urban Separator Pathway and open space,
as required by the G. eneral Plan.
m Insufficient access for fire protection.
WHEREAS,. based on the five identified issues, the proposed Vesting Tentative Map is not
consistent with the provisions of T'rtle 20; Subdivisions, of the Petaluma Municipal Code
.(Subdivision Ordinance) and the State Subdivision. Map Act; arid,
WHEREAS, based on the five identified issues, the proposed Vesting Tentative Map is not
consistentwith the Petaluma General. Plan 2025; and,
WHEREAS, the proposed subdivision., together with provisions. for its design and
improvements; will be detrimental to the public health, safety; or welfare in that a public access
to the Urban Separator Pathway and open space., and adequate access for fire protection are
not provided, and that therefore inadequate public facilities exist or will be installed, including
roads, sidewalks, water, sewer, storm drains, and other infrastructure.
Planning Commission Resolution No. 2009-06 ~ /,~
NOW, THEREFORE, ;B'E IT RESOLVED that the foregoing recitals are adopted a5 findings.
BE IT FURTHER RESOLVED'that based-on sdid findings, the Petaluma Planning. Commission
.recommends denial of the Vesting Tentctive. Map for the Project.
ADOPTED this 22nd day of December 2009, by`the following vote:
Commissioner Aye No Absent Abstain
Abercrombie X
Chair Arras X
Barrett X
Second°Vice ChaihElias X
Hurley X
Vice ChdirJohansen X
Pierre X
ATTEST:
~ ~~
Geoff Bradley, Commission cretary
ristopher Arras, Chdir '
APPROVED AS TO FORM;
~~
Leslie Thomsen, Assistant -.City A t t o r n e y
Planning Commission H~solution No,-2009-06
~~
ATT/~ClfEn/IE~T E
~'~~ a~'e~~xl~c~~a, ~'~lifo~°n~~
EM~~UI~
Fire Prevention Bureau, 2? Bassett Street, Petaluma, C~i 9~9~?
Telephone: (i0?) 77$-~3~9/~'c~r:~ (707) 776-~6;~2
Erzzail:. ftretzaarsl~al@,ci.pelalunzct, cc7. zts
DATE: January ? 1; 2010
TO: Geoff Bradley, Principal Planner
FROM: Cary Fergus, Interim Fire Marshal
SUBJECT: Sunnyslope II - Fire Access Clarification
I understand an email dated December 1Q, ?009 between Plarmer Kevin. Gardiner and myself
(~vluch was included in a StafFReport to Elie Planning Commission pertaining to the above-
referenced- matter)has raised some:-questions. Be advised, the.primary content of my email
response to Mr. Gardiner stating "we do not need.or desire a dedicated fn•e land at the end:ofthe,
cu-de-sac" is correct. The second part of my sentence, however, .indicating the fire access issue
was discussed at Council meetings is incorrect. As you know, we have a similar'projeet with
essentially the same Fire Department requirements that has gone before Council.
To further clarify the requirements, we have. the following conditions regarding this project:
IVlemo:-Our memo. dated March 30, 2008 summarizes our. Fire Department requirements
and took into account that-this project lies within the High Fire Hazard Severit}J Zone
(HFHSZ).
Basic Firefibhting; Basic firefighting tactics would be to stage fire suppression engines
at the Sunnyslope II private road near the turnaround. There is no benefit to having a
dedicated. fire lane ea~tendirig from the end of the cul-de-sac as it would not benefit
tactical firefighting. Also, e~-tending a dedicated fire road behind the project is not
feasible due to the extrerne grade (2~1-3.6%}.
a 1H ire Resistive Construction: Fire Resistive .Construction pursuant to .Petaluma
Municipal Code grid Chapter 7A of the Building Code is required, and further reduces the
threat from fue. This: ~~~ill include Class A roofing, tempered glass, ~ave.and soffit
protection, elimination of "bird holes", and vent openings that resist the:intrusion of fire,
just to name a fe~v.
~ Fire Sprinlrleis: Fire sprinklers are required in all dwellings and must be designed
according to ~FPA 13D. Residential fire spruilaers save lives.
® Defensible Space and HOA Agreements; HQAs will be required to maintain effective
combustible. vegetation control within 30-100 feet of the development property line
during "fire season. The specific elements will depend on the terrain and. may involve the
use of animals, sucl as sheep, to control weed growth.
® Weed Abatement;Pragra~: The City of Petaluma has an effective weed abatement
program and will enforce the requirements to abate weeds during ~~eed season.
I hope this information clarifies the Peta]uma Fire Departments position on this project. If you
have any questions, please call me at (707) 778-=1389.
~ti
Michael ,A. Ginn- :Fire and Life Safety Consulting
ijz6/ia
Steven t_afranthi
Steven 1. LaFranchi and Associates
775 Baywood Dr. #312
Petalcsma, CA 94954
SilPdNYSi.OPE ii PROJECT
`in June, 2tX19, I provided an analysis of the propasedfire protection features regarding the ~unnyslope li~project. This
document provided a comprehensive overview of the fire protection issues. it look Into consideration fire threats from
within and without the proposeii subdivision.
Revievr of Planning Commission minutes indicates that there were primarily two issues of concern to those presenting
their point of view at.the meeting.
1. Access to the open space for fire equipment to attack a fire
2. Existing subdivisions and/or dweAings in the Westridge area arejrivere "unsafe" '
Accessto,tha open spate for fire equipment to attactC a tire:
The reasonfor .not addressEng the issue was simpty because the njitigatlons noted in the previous analysis were the masl
suitable methods,.measures.and mftEgationsto address.afice threat in this area. Additionally, the excessive grades into
(2490-3B9o} the open space from the developed area are prohibitive for the safe operation of fire equipmentto enterit
ar-d offensiveiy:or aggressively attack a fire.- Thts;anaiysts is.basesi on best management practices for wildfire firefightint
measures and the optimum tactical fire attack strategies forfire threats into the.apen space. Requiring some type of
fire department access to this area Is a not prudent, cost effective oradvisable.
A memo from Interim Fire AAarshal Fergus dated ~/21J10 to Geoff`Bradtey,.Frincipal Planner, also supports these
actions.
MyJune,2~09analysis~summarized the mitigations that-will be applied to thissubdivisionfor witdiandfire threats. Fire
protection m, itigatlons are comprised of a "balance8 approach" ofsafety-measures. The combinedsums~of these
mltigattons are`the best practices for fire safety for this site. They include:
Brush/weed abatement of the open space sorrounding the project .
The requirement for fire safe{less fire prone)' plants/shrubs/trees within the property 11nes of the subject
dwellings
~ Eire hiardenirtg of tite structures -making them less susceptible to radiantheat fire threats from wildfire -
Z~P.age
Michael A. Ginn- Fire: and Life Safety Consulting
• Quick and efflcient,flre department`response bythe PFD,. including automatic-::aid of a full.Ca1-Fire response
(fire~ighting~planes, helicopters, engines; bulldozers, etc) to the Sunnyslope area
Extsttng subdivtsians?and/or dwellfn~s tn'the Vllestrtdge area are/were "unsafe":
I believe my comment ~egardfng the existing subd[visioti and dwefiings~being more susceptible tofire threat were
taken out of context. vtiwhaf I:was suggesting~was, that by comparison,. the nevr code. requirements and mitigations
required for-the~SUnnyslape project exceed that vrhich was required far the~existing:constructton: At.the tlme'the
Westrldge,SybdiVisfanswere approved and.canstructedthey met the rrilnimum candltionsfar fire afety. They are
not "unsafe", buttb suggest that'the Sunnyslape project is a greater fire hazard by It's presence: f_n the communityls
Inaccurate and.unfounded.
F~na y, from~a "fire threw" perspective to the existing neighborhoods, having the parcel on which the'Sunnyslope II
project sits "developed" so that it`lncludes features such as:
• Flre hardened buildings
® Weed/brush af~atement'
® Developed streets (whichact as wonderfui fire brea6cs)
• Green: (meaning live, watered and manicured) landscaping
• Flre:hydrants
e Other ffresafety features
ThesemitlgationsrprovEdea much saferfite environment in their developed state then'to leave~it in its existing tote .
with:grass,shrubs,;trees that currentlythreaten the parcels adjoining its boundaries.
1 hope this correspondence clarltEes the fire safety`~lssues to the sa#isfaction of those Involved (n this project.
C
~~
Michael,A. Ginn
Fire.Consultant
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CNL ENGI11EEN3 lAND9 NVEYDNS-lANO PIAMNERI
X _ FCB ~~ ~ ~ ~ a,,,,,,,•, ~-, - ~ SUNNY SLOPE h SUBDIVISION
-~ - ^^• •+^~+~ 674 SUNNYSLOPEROAD APN019,203-006~
.++,~..co~.ws.
ro,i,®.,+n.~.ron+-aasm PE7ALUMA CALIFORNIA
DA
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BECKY D,UCKLES
LANDSCAPE CONSULTANT & ARBORIST
SEBASTOPOL, CA., 95472
707.829.0555 PH. 707.824.0516 FAX
SUNN~'SL®PE YI
Petaluma, Ca
ARBORI5T'S SUMMARY
February 9, 2010
We've been having discussions among the project engineers, architect and. developer to try to revise the site.
plan again to preserve the 39" valley oak,: tree #61, which. is located: where the road is shown to go through.
We've explored the possibility of transplanting the tree with an experienced contractor.
Since I first evaluated this tree in 2003, I went to the site yesterday (Feb. 8) to determine its current condition
and structural soundness.. My initial field notes from 2003 indicated that there were areas of decay at the base
of the trunk at that time, and some previous large branch failures, though it was in relatively good condition
otherwise.
A large scaffold9 branch broke off the tree. on the north. side within the lastyear -it's on the ground in pieces.
The decay at the base of the tree (the. root collar) has progressed, and the cracked and broken bark around
sevecaC areas at the base indicate expanding areas of decay where the structural roots attach to the trunk. This
increases the Possibility of whole tree failure, i.e. breaking off at the root collar, and definitely eliminates its
potential as a transplant candidate.
Further examination showed areas where a fungal canker disease (possibly lnonotus dryophilus) is decaying
wood at critical. junctions of trunk and scaffold branches. About 6' above grade on the north side cracked,
sunken bark revealed several areas where decay is progressing where. the four main stems of the tree coalesce.
Aaimilar area of cankers with; decay appears on the opposite, south side of the trunk. Other large cankers are
growing and decaying wood above that section on the south. side. A conk (fungal fruiting body) can be seen on
a i 4" branch about T5' high on the north side. That branch is likely to fail soon. A deep hole with decay can
also be Probed on the 30" diameter scaffold branch extending horizontally to the west, 5' above grade.
Even with no situ disturbance, this tree is beginning an irreversible decline due to natural causes, and is not a
good candidate forpresi:rvation or transplanting. It would behazardousto retain even in someone`s backyard
due to the high probability of continuing large branch or trunk. failure. Sadly, it should be removed.
1 also noticed a large branch had fallen from tree #14, a 22" coastiive oak near the existing old residence, and
checked it too. This tree: had' been shown to be removed in the firstsite;plan, then the plan revised to preserve
it as well as other trees. Unfortunately it is no longer a viable tree. The main stem is beginning to split apart due
to a condition called included bark' which occurs between some branches and often between co=dominant
leaders ;(trunks). There is insufficient wood/cellulose connection between such, branches or trunks,. just bark. As
the: trunk or branch .expands radially with normal growth, they are sometimes pushed apart and split, as they did
in this ,tree. It is not structurally sound enough to retain and should be removed. lts removal will allow Tree #13,
a smaller coast live oak to develop a full crown without competition.
Respectfully submitted,
3~ ~~~
Becky buckles, Project Arborist
ISA:Certified Arborist #WE -O796A
Member, American Society of Consulting Arborists
53
~~~~~~ ~
52. The Applicant: shal'1: .
A. Irrevocable Offer of Dedication for a Trail to the Urban Separator Path: The
Applicant shall convey an irrevocable offer of dedication for a ten (10) foot wide
easement parallel to the northwestern and western boundaries of Lot 1.3 and the
western boundary of Lot 1'2, as is shown in Exhibit 52 to these Conditions of
Approval, prior~to the City issuing a Certificate of Occupancy for the dwelling
unit on Lot 12 or 13. The irrevocable. offer of dedication shall expressly state that
it is~contingent upon the urban separator path being.continuously connected on.all
sides of the.Applicant's parcel, including but not;limited to, the properties
currently known. as Sonoma County Assessor's Parcel Numbers 019-203-04'9 and
019-120-034. The sole purpose of the irrevocable offer of dedication for an
easement. is to provide an unimproved path from the cul-de-sac to the urban
separator pathway parallel to the southwestern edge of Lot 12 for use by residents
of the subdivision and adjacent neighborhoods.
B. Funding for Trail Construction. The Applicant's engineer estimated that
constructing therunimproved trail path from the cul-de-sac to the urban separator
pathway parallel to the southwestern edge of Lot 12, shall cost $7,500 (seven-
thousand five-hundred dollars). Prior to issuance of the Certificate of Occupancy
for the'dwellingunit on Lot 12, the Applicant shall pay $7,Sb0 (seven-thousand
fve-hundred dollars) to the city to fund construction of the unimproved trail.
C. Trail. Design, Construction, and. Maintenance. The City shall be solely
responsible for designing, constructing; and maintaining the unimproved. trail
from the subdivision to the urban separator path and the Applicant shall not be
required to take any action other than conveying the:irrevocable offer of
dedication and paying the funds identified, in this condition of approval.
D. Indemnification. The irrevocable offer of dedication, final map for this project,
;and the subsequent: easement shall contain the following language, as is
authorized by Government Code section 51238.5 or its successor statute(s):
City shall defend, ,indemnify, hold harmless and release the
Applicant and its members, successors, assigns, officers, employees,
volunteers, and.agents from any and all claims,'costs, liabilities,
damages, attorney fees, and litigation costs arising from, in
connection with, in any way related to, or. caused by the
construction,. design, or use of the trail, to the maximum extent
allowed by .law. This indemnification obligation shall not be limited
in any way by any limitation on the amount or type of damages or
compensation payablertto or for the City or its agents under workers'
compensation acts, disability benefit acts, or other employee benefit
acts.
sy
~~~~~~~~~~ 0
E. Immunity andNo:Duties. 'The irrevocable offer ofdedication, finial easement, and
final map shall.contain the following language; as' is authorized by Go~erninent
Code section 831..4 and Civil Code section. 84'6 or°their'successor statutes:
Nothing in this irrevocable offer of :dedication or any subsequent
easernent.shall'be construed-as limiting~or modifying any
imrilunity available~to the Applicant; including the immunity
created. by Governrrient Code: section 831.4. Nothing. in this
irrevocable .offer of dedication or the. subsequent easement shall
be construed as.creating anyduty for the Applicant; as is set forth
in Civil Code section'846.
ss
ti~~
EXHIBIT °'52"
T ~L EASEMENT XLIT
~~ 7
S ~ ~ 03 96 .
_ 10'
13
1 10
1 11
N 12 ,~
SUNFdYS,LOPE II
SUBDIVISION ~~
W ~~
I ~.
M
i Z ~,~%
E1 ~ Q~'~ O~P`
O - O~ c+,
1 D' G~~ OF S
~ ~ ~°J~
~.
~~ ('
/ /`~ .
~/
~ ~~ ..
~~ ~~ ..
/ ~ ..
~ ~. ..
.'
Y^
EASEMENT DESIGNATIONS.
E1 PROPOSED IRREVOCABLE OFFER OF
DEDICATION TO THE CITY OF PETALUMA FOR
10' PUBLIC TRAIL T0: URBAN SEPARATORa
PATH CONTINGENT UPON THE URBAN
SEPARATOR PATH. `BONG CQNTINUOUSLY
CONNECTED ON ALL SIDES OF SUBJECT
PARCEL 7,193 SQARE FEET
PROPOSED IRREVOCABLE OFFER_OF
DEDICATION TO THE CITY OF PETALUMA FOR
. 10' URBAN SEPARATOR PATH
STEVEN J. LAFRANCHI ~ ASS:OCIATES, INC.
CIVIL ENGINEERS -LAND SURVEYORS ~ LAND PLANNERS
PETALUMA THEATRE SQUARE
140 SECOND STREET, SUITE'312
PETALUMA, CA 94952
707-7623122 FAX 707-7623239
J:\Van Voorhis\DWG1Legal Descriptions\D61082PedAcess.dwg
5~
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185$`
NOTICE OF PTTBLIC HEARING
• SIJIVNYSL~P~ II;DEV~LOPMENT
Ct'I'Y FILE NTJMBER: 03-TSM-0460-CR
~~~~'~~~
~AO'~E® ~9'~°'ICE
You aze invited to attend!a City Council IVleeting on a Project in Your Neighborhood
NOTICE IS HEREBY GIVEN -that an application,has been submitted by Steven J. I,aFranchi, as the
applicant and BCC Holdings, Inc. as the property owner, for a proposed Planned Unit District: (PUD)
Amendment for the Unit Development Plan. and the Development Standards; and approval of a Vesting
Tentative Map for construction of 19 single°family homes on an~8.64 acre site.at 674 Sunnyslope Road.
The City Council will consider and take=possible action to adopt, approve or deny the following:
1. CEQA Initial-Study and Mitigated Negative Declaration
2. CEQA Findings of Fact and Mitigation Monitoringand,Reporting Program.
3. Planned.Unit Development Amendment.
4. Vesting Tentative Map.
The Planning Division staff has prepazed an Initial Study and ~3vJ:itigated Negative Declaration evaluating
environmental .effects of the" project per the requirements of the California Environmental Quality .Act
(CEQA). At its December- 22, 2009 meeting the Planning Commission recommended that the City
Council not approve the Initial Study and Iviitigated Negative Declaration; and also -recommended denial
of the Planned Unif Development Amendment and Vesting`Tentative Map. Documents concerning this
application. can lie reviewed at Petaluma City Hall at the PIanning Division, ~ at 11 English Street,
Petaluma, CA 94952. The documents are also available on the citywebsite.
City Council Meeting Date/Time: The City Council meeting is scheduled for February 22, 2010 at
'7:00 P.M.
Location: City Council Chambers, City Hall of Petaluma, 11 English Street, Petaluma, California, 94952
Who"t `Will Happen: You can comment on the ;project.. The City Council will consider all testimony,,
' evidence and projectdocuments and may decide whether to approvethe Initial Study and IViitlgated"
.Negative Declaration and/or. fomake .findings of fact and adopt a Mitigation Monitoring and Reporting
Program for the Sunnyslope Ilproject pursuant to CEQA. The City Council may also, decide whether to
approve, conditionally approve, or deny the Planned Unit Development Amendment and project Vesting
Tentative Map.
. PLEASE .SEE REVERSE SIDE FOR ADDITIONAL INFORMATION
Efforts will' be made to accommodate disabilities. The City Manager's office must be notified at (70'7)
778-4345 within,5 days from date of publication of this notice if you need special accommodations.
i~ta:~~ ~~/~~ 51
For accessible meeting:mfarmation,
.please call:(707) 778-4360 or
TDD (707) 778'-44.80
in accordance with the Americans with:Disabilities Act,,if;you require special :assistance to participate `in.
this meeting, please: contact the City Clerk's Office at (70'7:)'778-4360 (voice) or''(707) `Z78-4480 (TDp):
Translators, American :Sign Language interpreters, and/or a5sistive,:listening devices for indiviiiuals with
hearing disabilities will lie available, upon request. A T;;ini,,,tim of 48 hours. is; needed to-:ensure>.the
availability oftranslation services. In consideration of those with.multiple~chemical•senstvitiesor, other
environmental. 'illness; it; ~is requested that you refrain from wearing scented .products; The City Clerk
hereby,, certifies .that this agenda has been posted_in accordance with the requirements{of the Government
Code.
If.You Cannot Attend: You' can send a letter'to the Planning;Dvision, City of.Petaluma, 11 English
Street, Pataluma California,94952: You can also-hand deliver it.prior to the meeting:: This meeting.. and all
Planning Commission,meetings: are#elevisedon the°Petaluma CommunityAccess°Cab1e Channe128:
For More Informatipn: You c_an.contact Kevin Gardiner, ;the project planner; at~(707) .:77:8-4.472 or via
e-mail at. kgazdiner@ci.petatuma:ca:us. You can also come to: the Planning Division, to .look at the
application. The ,office is located in City Hall,. 11 English Street.., The. office is :.open Monday through
Thursdays from :8:00a.m'to 12:00 p:m; and' 1;00 p:m. to 4OO p.m: CityHall is closed Fridays.
If you clia]lengein courCthe matter described.above, you may be-limited fo rasing~only those issues you
or someone el a 'raised at_ tle, public :hearing described in this notice; or ~in. written correspondence
delivered at, or-prior to, the above-referenced public hearing: {Government. Code Section :65U09(bx2)}:
Judicial review of an administrative decision- of the City Council =must be filed; with:.... the Court not= ater
than the 90th day followingtfie date of the~Council's~decision. (Code.of Civil Procedure-Section 1094.6)
~g
CERTIFICATION` OF PUBLICA 1 tON IN
Petaluma Argos-Courier
(Published Thursday)
lI1 THE
STJPERI®R Ct3URT
OF `THE
STATE OF CALIFORNIA
In and for the County of `Sonoma
DECLARATION
I am a citizen of the United States, over alie age of
eighteen yeazs and ;a resident "of said county and was at
all said times the. principal clerk. of the printer and
publisher of The Petaluma. Argun-Courier; a newspaper
of general circulation,. published weekly in the City of
Petaluma, in said County of Sonoma; State of.California;
that The Petaluma Argos-Courier is and was at ail. times
herein mentioned,, a newspaper of general circulation as
(net term is defined by Section 6000 of`tlie Government
Code; its status as such newspaper of general circulation
having been established by Court :Decree No. 35518 of
the Superior Court of the State of California; in and for
the County of.Sonoma, DeparjmenfNo. I the;eof; and as
o0provided by' said Section 6000, is published' for the
dissemination of local. and telegraphic news' and.
intelligence of a general character, having a bona fide
subscription list of paying subscribe;s, and is not,devoted
to the interests, or published for the entertainment or
.instruction of a particular class, profession,. trade;. calling,
race or denomination; or for the .entertainment: and
instruction of such classes, 'professions, trades, callings,
.races or denominations, that. at: all said' times said
newspaper has been established, published in the said
City of Petaluma,. in said County and State at regtilaz
intervals for more than one year preceding the first.
publication. of this. notice herein mentioned; that said
notice was set in type not smallerthan nonpazeil and was
preceded, with words printed in black face. type not
smaller than nonpareil,- describing and expressing in
general term's, the: purport- .and character of the notice
intended to be given; that ,the Notice of Public Hearins:
Sunnyslope II Development 'of which, the annexed is
printed c`opy,; was published ;and' printed in said
newspaper at least oneconsecutive time commencing on .
the 4th day of. February, 2010 and ending on the 4th day
of 'February; 201.0, to-wit February 4; 2010.
I DECLARE UNDER PENALTY OF PER:J'I;JRY that the
foregoing is true and correct .
DATED this .4th 'day of Feb nary, 2010, at Petaluma,
California.
Signed.. ,vl.g~,', >I~rvl •.
Donna Tanigu : ; tiief Clerk
#2453941
,, • .
N4OT@CE"OF'PUBWCiHEARING:
'' SUNNYSCOPE 11 DEVELOPNtlcNT ::.
CtTY•FILE`NUMBER: 03•TSOM0460•CR
You are invited#o attend a Clty Council Meeting on a
. ;; Project In•Ynut Neighborhood'.
•,..NOTiCE,IS+HERESY`GIVEN ffiet en•application:hes been.
.:submitted by Steven J: LaFranchl, es the applicant and •
yBCC-`Hoidlp9A ~•Inc: es the propertrtyy owney _for a .pro- i
posed Planned UnQIDistrlct (PUD),Ambndmentfar the Unit
~ Deyelopmerd Pten end the Deve7opnienE Sfenderds; end !
approval of a Vesflngr7enteflve Mep far onnsVuctlon of 19
slhgle: family homes on'an 6.64 acre site e4 6T4 Suonyslope
,Rosa ::.~' ,'•...':..: . - ; ~,'. •. . ~ ~' '
-the CIty;Councll-w111 corislder and take possible action to .,
edppt, approve or deny the follovuing: ;
1~CEOAinltlel Study end:MlDgeted NegaflveDeclereflon' '
2CEQA Flnd)nga,of'Fectand Mitigation Monitor)ng and
ReQottlrig Program •
3: Planned Uhft Development Amendment , ,
'4;Vest(ng Taptaflve. Map .. • . • '
'''rho P(~nning Dlvtslon'staff'ha>y prepaied an InItIA1 Study
snd Mitigated NegatlJe Declaration eveluaflng envkonmental .
`.effects of he project`per the retjulremertts of the Cal[fomia',
'. Envlronlnentei Ouality,;Act'(CEDA). :At dts becember 22,
i..-__ _.,__ .,, e,e...:, ':.:r a.,.a~~r~n recommended that
also recommended denlpl of•
rater amendment •andrVestthg
sh Sheet, Peta(uMe; CallEornlA, 94952 ~'
~ vVit. Heppene .You can comment on the proJi
.lni.'Ccuncll wilt consider etl testimony evidehce_c
a
approves ccno,u a r rr TenteRlve
~be~ielopment Amendment and project Vesflng
Map h ,~Fi , t,,, ~,, ,\~. • ' ; „ ~:
Eiforts~wlll be made to~accommodete dl0seb~g~46hwithln
Manager's otfice;muct;he, notified et (7 7)
Q,days t{rnp date ot'publlcaUon of fhls.notlca 1f you need ;
;rspeclelaecommoBaflons .%` "~
'.~ ~ ~Fpr.:Accessible,meetinglnformetion,•..
~ ( i . f pieese call (707) 77ti-436D or .., r
, , yi ... TDD (707) 778:4460 ,
Irt'eccordence witFi~tha Amerlcens`:wlth Dlsabllltles Act,'If
you regulre special e~slsts Cleiks OfflcePht (76n 776.4360
Ing .please contact the Cltll ~~ tra~elatore: American Sign
FEB Q ~ 2010
GOMMlJiVITY D~~/EL~FME.~7 DEF~;R1'MENT
~m of 48'hoursJs Deeded to ensure u,n
,letlon services. In consldereflogof those
nice{ sensltlvdles or other environmentah
ited that you refrain from wearing scented ..,,
y;'CierK hereby certifies that this' agenda
, accordance wttti (he•iequlrements of the
Attend: You ean'send.e letter to the
i, City of.Peteluma, 11 Engilsh SVeat;,.
la, 94952 You can also hand deliver It prior ~-
nls;fneeting;and elLPlenning Commission
wised on the;Petaluma CommuNty, Access
...• ' .
.e :.,vim„ can.contact Key1n Gardlner,'~
ne w.ua....,.. -•-
aCthe.eppitcaflon. Tha'ofllce is loco
Erjglisti Shpet Th'e' otflce_ is open Monday,
iys from tt:ODa.m to 12:Q0 p.m, end 1 00 p m.1 •,
Hail i§'Nosed'Frldeys. '
p''ln;court.the matter described above, you .,
b raising only those Issues you o~ someone •
he gublic hearing dgscribed ln'thls noQce, .
;orrespondence deliivered at, or prior •to,, •:
'cooed pubOc hearing. {GoVemment Code •
b)(2)} :Judicial•revlewat an adminlstreti4e';
City Couhclt mustbe filed with the Court not .
Iptfi daj~ following the date of the Counch'~
~ bf Flvll Procedure Secdon,1p94.6) ~;;
Sy