Loading...
HomeMy WebLinkAboutPlanning Commission Resolution 2010-03 01/12/2010RES®LUTI®N IVO. 2010-03 CITY OF PETALUMA PLAIVIVIIVG CONIMISSIOIV RECOMMENDING APPROVAL OF A TENTATIVE PARCEL MAP FOR THE LANDS OF SUNNY D AT 216 SUNNYSLOPE AVENUE AND BEHIND 1311 D STREET, APNS 019-130-011 AND 019-130-049 City File Number: 09-TPM-0134-CR WHEREAS, Steven J. Lafranchi submitted an application to the City of Petaluma to divide the two parcels that comprise the l .64 acre subject property located at 216 Sunnyslope Avenue and behind 1311 D Street, being APNs 019-130-O11 and 019-130-049, into four lots and a remainder parcel, as follows: Proposed Gross Area Parcel 1 0.33 acres (14,501 SF) Parcel 2 0.26 acres (1 1,424 SF) Parcel 3 0.21 acres (8,937 SF) Parcel 4 0.22 acres (9,692 SF) Remainder 0.62 acres (27,018 SF) Net Area. Development 0.18 acres (8,052 SF) Vacant 0.24 acres (10,504 SF) Vacant 0.20 acres (8,888 SF) Vacant Same Vacant Same Existing House WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider the proposed PUD modification on January 12, 2010; and, WHEREAS, the proposed Tentative Parcel Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Petaluma Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act; and, WHEREAS, the proposed subdivision, together with provisions for its design and improvements, is consistent with the City of Petaluma General Plan 2025 (General Plan); and WHEREAS, the proposed subdivision is consistent with the Planned Unit District Development Standards for Sunny D, as modified by Planning Commission Resolution 2010-02; and, WHEREAS, the proposed subdivision, together with provisions for its design and improvements, will not be detrimental to the public health, safety, or welfare in that adequate facilities exist or will be installed, including roads, driveways, sidewalks, water, sewer, storm drains, and other infrastructure; and, WHEREAS, the proposed subdivision, together with provisions for its design and improvements, is appropriate to the surrounding area and with the surrounding uses; and, WHEREAS, the site is physically suitable for the density and the type of development proposed; and, WHEREAS, on January 12, 2010, the Planning Commission reviewed the CEQA evaluation for the Project and by resolution has recommended to the City Council adoption of a Mitigated Planning Commission Resolution No. 2010-03 Page 1 Negative Declaration, Mitigation Monitoring Program, in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and, WHEREAS, the City's Planning Commission held duly noticed public hearings to consider the proposed Tentative Parcel Map on January 12, 2010. NOW, THEREFORE, BE IT RESOLVED that the Petaluma Planning Commission hereby recommends to the City Council that the Tentative Parcel Map be approved, based on the foregoing recitals which are incorporated herein by reference as findings and subject to the conditions of approval set forth in Exhibit A hereto. ADOPTED this 12th day of January 2010 by the following vote: Commissioner Aye No Absent Abstain Abercrombie X Chair Arras X Barrett X Second Vice Chair Elias X Hurley X Vice Chair Johansen X Pierre X c Christopher Arras, Chair ATTEST: Geoff Bradley, Commission ecretary APPROVED AS TO FORM: ~~ Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2010-03 Page 2 Exhibit A to Planning Commission Resolution 2010-03 CONDITIONS OF APPROVAL Sunny D at 216 Sunnyslope Avenue and behind 1311 D Street, APNs 019-130-011 and 019-130-049 City File Number: 09-TPM-0134-CR From Planning Division: Final map and improvement plans shall be in substantial conformance with the approved tentative parcel map plans submitted to the Planning Division and date stamped December 7, 2009, except as modified by these conditions of approval. Upon approval by the City Council, the applicant shall pay the Notice of Determination fee to the project Planner. The check shall be made payable to the County Clerk (as of May 2009 the fee is $50). Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days of receiving Council approval. The State Department of Fish and Game has eliminated the fee exemption for projects determined that have a de minimis effect on fish and wildlife and requires that an environmental filing fee be paid, (as required under Fish and Game Code Section 711.4d) to the Sonoma County Clerk on or before the filing of the Notice of Determination (as of January 2010, the fee is $2,01.0.25, contact them at 944-5500 to confirm). Prior to Final Map approval, a. The Map shall note and the parcel 2 deed shall include the language that: To ensure continued preservation of oak trees and other native trees, native California bay trees 17 and 18, "Bay trees 17 and 18 shall be protected and maintained and no construction or pervious surface is permitted within their drip line. As the arborist report notes that both native California bay trees have extensive decay, if either tree declines to the point where a certified arborist recommends its removal, it shall be replaced by a 24-inch box-sized locally-native tree, subject to staff review and approval." b. The Map shall note and the parcel 3 deed shall include the language that: To ensure continued preservation oak trees and other native trees, of native oaks 29, 30, and 31, "Oak trees 29, 30, and 31 shall be protected and maintained and no construction or pervious surface is permitted within their drip line." No parking shall be allowed in the drip-line of oak and native trees. c. The Map shall note and the parcel 4 deed shall include the language that: To ensure continued preservation of native oaks 19 and 23 and redwood 22, "Oak trees 19 and 23 and redwood 22 shall be protected and maintained and no construction or pervious surface is permitted within their drip line." No parking shall be allowed in the drip-line of oak and native trees. d. The Map shall note and the remainder parcel deed shall include the language that: To ensure continued preservation of native oak 19, "Oak 19 shall be protected and Planning Commission Resolution No. 2010-03 Page 3 maintained and no construction or pervious surface is permitted within its drip line." No parking shall be allowed in the drip-line of oak and native trees. Prior to issuance of any permit for the site improvements, submit proof of completion of the following to the Planning Division in the form of a letter (pruning) and photographs (fencing 8~ mulch) from a certified arborists. All work shall be performed by a certified arborist: Regarding Oaks identified as 19, 23, 29, 30, & 3 1, redwood 22, and bay 17 and 18: a. Install temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing grade within the fenced portion of the drip-line. Route drainage swales and underground work outside the drip-line where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to .installing temporary fencing. Suitable mulch must contain bark 'fines'. Maintain this layer of mulch throughout construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards e. Regarding redwood 22 and oaks 23 & 29, remove ivy from the trunk. f. Regarding redwood 22 and oak 23, minimize the depth of the surface drainage Swale to no more than 8 inches and increase the width as necessary. g. A security deposit shall be posted to cover the value of all protected trees: oaks 19, 23, 29, 30, & 31, redwood 22, and bay 17 and 18. See section 17.060E for further details. 5. Prior to issuance of any grading or building permit for Parcel 2, submit proof of completion of the following to the Planning Division in the form of a letter (pruning) and photographs (fencing 8~ mulch) regarding native California bay trees 17 and 18 from a certified arborists. All work shall be performed by a certified arborist: a. Install temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing grade within the fenced portion of the drip-line. Route drainage swales and underground work outside the drip-line where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. Suitable mulch must contain bark 'fines'. Maintain this layer of mulch throughout construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards. e. A security deposit shall be posted to cover the value of the trees specified above. See section 17.060E for further details. 6. Prior to issuance of any grading or building permit for Parcel 3, submit proof of completion of the following to the Planning Division. in the form of a letter (pruning) and photographs (fencing & mulch) regarding native oaks 29, 30, and 31 from a certified arborists. All work shall be performed by a certified arborist: a. Install temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of S' in height. Maintain fencing in place for duration of construction. Planning Commission Resolution No. 2010-03 Page 4 b. Maintain existing grade within the fenced portion of the drip-line. Route drainage swales and underground-work outside the drip-line where possible. c, Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. Suitable mulch must contain bark 'fines.' Maintain this layer of mulch throughout construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards. e. A security deposit shall be posted to cover the value of the trees specified above. See section 17.060E for further details. f. Regarding oak 29, remove ivy from the trunk. Prior to issuance of any grading or building permit for Parcel 4, submit proof of completion of the following to the Planning Division in the form of a letter (pruning) and photographs (fencing & mulch) regarding native oaks 19 and 23 and redwood 22 from a certified arborists. All work shall be performed by a certified arborist: a. Install temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing grade within the fenced portion of the drip-line. Route drainage swales and underground work outside the drip-line where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. Suitable mulch must contain bark 'fines'. Maintain this layer of mulch throughout construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards. e. A security deposit shall be posted to cover the value of the trees specified above. See section 17.060E for further details. f. Regarding redwood 22 and oak 23, remove ivy from the trunk. g. Regarding redwood 22 and oak 23, minimize the depth of the surface drainage Swale to no more than 8 inches and increase the width as necessary. 8. Prior to the issuance of a building permit for a new residential unit, those plans shall note: a. The installation of high efficiency heating equipment (90~a or higher heating/furnaces) and low NOx water heaters (40 or less) in compliance with policy 4-P-15D (reducing emissions in residential units); and, b. That all exterior lighting be directed down and shielded to prevent glare and intrusion onto adjacent properties, and lights attached to buildings shall provide a "soft wash" of light against the wall and shall generate no direct glare. 9. Any new or replaced fence or gate requires a separate fence permit. 10. Construction activity on required by this map shall be limited to Monday through Friday 8:00 a.m. to 5:30 p.m. Interior-only work may be conducted on Saturdays from 9:00 a.m. to 5:00 p.m. Construction is prohibited on Sundays and all federal, state, and local holidays. This condition is more restrictive than the construction hours stated in Article 21 (Performance Standards) of the Zoning Ordinance because of the projects proximity to residential uses. 11. All exterior lighting be directed down and shielded to prevent glare and intrusion onto adjacent properties, and lights attached to buildings shall provide a "soft wash" of light against the wall and shall generate no direct glare. Planning Commission Resolution No. 2010-03 Page 5 12. If a concentration of artifacts or culturally modified soils deposits including trash pits older than 50 years of age are discovered at any time during grading, scraping, or excavation within any parcel, all work shall be halted, the City and a qualified archaeologist shall be contacted immediately to evaluate the find and make further recommendations. If human remains are encountered, the above shall occur and the County Coroner and the Native American Heritage Commission shall also be contacted to arrange for Native American participation in determining the disposition of such remains should they be determined to be Native American. 13. Future development will be subject to all applicable development impact and other fees. 14. Public utility access and easement locations and widths shall be subject to the approval of PG&E, Pacific Bell, the Sonoma County Water Agency, all other applicable utility and service companies, as well as the City Engineer, and shall be shown on the Parcel Map. 15. The conditions of approval from the Foley Parcel Map for 131 1 D Street (File No. 05-TPM- 0210-CR) shall remain in effect and be enforced. 16. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the. project to the maximum extent permitted by Government Code section 66477.9. To the extent permitted by Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66477.9. From Public Works (Engineeringl: Prior to final parcel map submittal, the following conditions shall be addressed, unless otherwise noted: 17. Frontage improvements shall include but be not limited to curb, gutter, and sidewalk as indicated on the tentative map. Any existing curb, gutter, and sidewalk that are broken or displaced shall also be replaced. 18. The historic surface runoff (quantity, concentration and location) shall be maintained and not adversely impact adjacent properties. The storm drain system shall be designed and constructed in accordance with Sonoma County Water Agency criteria and City standards. The detention system shall be designed to accommodate a 100-year storm event. 19. Fossil filters, or approved equivalent, shall be installed in all drop inlets with the proposed driveway. 20. New domestic water services shall be a minimum of 1.5-inches in diameter with a 1-inch meter. Planning Commission Resolution No. 2010-03 Page 6 21. Overhead utilities to the existing structures and future structures shall be placed underground. 22. No lot to lot surface drainage is permitted unless an appropriate easement is established. 23. A maintenance declaration and crossover easements shall be provided for the proposed driveway and private utilities. The declaration shall identify a financial mechanism and responsible parties for ensuring perpetual maintenance, repair and upgrading of all shared facilities. Additionally, the declaration shall include a provision requiring the private storm drain system to be evaluated by a licensed civil engineer on an annual basis and certified as adequate. Evaluation results shall be provided yearly to the City of Petaluma, Planning Department. The declaration shall be recorded concurrently with the final parcel map. 24. A 10-foot wide Public Utility Easement {PUE) shall be dedicated along the frontage of the property unless waived by the appropriate public utility agencies. 25. Any existing, unused septic systems/leach fields shall be abandoned per County of Sonoma Environmental Health Department requirements. Any existing wells proposed to be retained shall have a City standard backflow prevention device installed. 26. Prepare the final parcel map per the latest City policies, standards, codes, resolutions and ordinances. Final parcel map fees and technical review deposits shall be required at the time of the application submittal. 27. 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. 28. 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. 29. A scanned copy of the recorded final parcel map shall be submitted in a format compatible with the City Graphic Information Systems (GIS). 30. Improvement plans shall be prepared for improvements shown on the tentative map and required as conditions of approval. Plans shall be reviewed and approved prior to recordation of the parcel map. A form of security to guarantee the construction of the improvements shall be submitted with the improvement plans. The developer has the option to complete the improvements prior to the recordation of the parcel map instead of submitting a form of security. The improvements shall, however, be complete prior to the issuance of any permit on any parcel following the recordation of the parcel map. From the Fire Marshal's Office: 31. The hammerhead turnaround shall meet city standards and all driveway access must be graded and cut appropriately to be able to utilize all of the hammerhead. 32. No parking shall be allowed the entire length of the private driveway including the hammerhead turnaround. The private driveway shall be posted with "No Parking Fire Lane" signs and red-curbing where appropriate. Sign placement shall be coordinated with the Fire Marshal's Office. Planning Commission Resolution No. 2010-03 Page 7 33. One fire hydrant shall to be located along the private road, subject to approval by the Fire Marshal's office. 34. Note: This site is located within the boundaries of the Fire Hazard Severity Zone. Buildings constructed in this zone are subject to the requirements outlined in Section 17.20.040 of the Petaluma Municipal Code and Petaluma's Fire Hazard Severity Zone Construction standard. 1341416.1 Planning Commission Resolution No. 2010-03 Page 8