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HomeMy WebLinkAboutResolution 2003-031 N.C.S. 02/24/2003,. resolution No. 2003-031 N.C.S. of the City of Petaluma, California APPROVING THE MAGNOLIA PLACE VESTING TENTATIVE MAP 1111 GOSSAGE AVENUE (APN 048-132-027) AND 1120 MAGNOLIA AVENUE (048-141-012) WHEREAS, an application for a Vesting Tentative Map was submitted by Mission Valley Properties in order to subdivide an approximately 7.37 acre parcel (APN 048-132-027) and a portion of a 17.05 acre parcel (APN 048-141-012) into 45 residential lots; and WHEREAS, the Planning Commission also considered applications submitted by Mission Valley properties for an amendment to the General Plan Land Use Map to designate the development site as Urban Standard, for prezoning to Planned Unit Development District and for approval of a Planned Unit Development Plan; and WHEREAS, the potential environmental impacts of the project were considered and based upon the Initial Study and comments received, it was determined that potential impacts. could be avoided or reduced. to a level of insignificance by mitigation measures; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 9, 2002, and considered all written and verbal communication on these matters; and WHEREAS, the Planning Commission recommended to the City Council denial of a Mitigated Negative Declaration based upon the fact that the proposed project is not supported by the General Plan; and WHEREAS, the City Council held a duly noticed public hearing on February 3 and February 24, 2003, and considered all written and verbal communication on these matters. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council approves the Vesting Tentative Map for the Magnolia Place Planned Unit Development based on the following findings and subject to the following conditions: Findings 1. That the Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act. 2. That the proposed subdivision, together with provisions for its design and improvements, is consistent with the General Plan, and will. not be detrimental to the public health, safety, or welfare. A General Plan amendment was granted to change the designations to allow for the proposed development. Adequate public facilities will be installed, including roads, sidewalks, water, sewer, storm drains and other Resolution No. 2(1(1t_~3~ N.C.S. infrastructure, which will be beneficial to the public health, safety and welfare. In addition, an approximately 8.74 acre site will be dedicated to the City for parkland in conjunction with the development. 3. That the site is physically suitable for the density and the type of development proposed. The project is compatible with surrounding uses. Homes on the Magnolia Avenue site have been clustered to avoid the steeper slopes and to maximize the amount of open space to be dedicated to the City for parkland. 4. That reasonable public access on public roads is provided for the proposed lots. Magnolia Avenue is a public street, which, in conjunction with the development, will be improved to provide additional vehicular, pedestrian and bicycle safety with sidewalks, curb and gutter. In addition., a roundabout is to be installed in Magnolia Avenue that will slow traffic and provide a safe crossing for pedestrians. 5. That the design of the subdivision and the proposed improvements will. not cause substantial environmental damage, and that no substantial or avoidable injury will occur to fish or wildlife or their habitat. An Initial Study was prepared indicating that there would be no significant, unmitigatable environmental impacts. Conditions of Approval From the. Planning Division: 1. Approval is granted for a Vesting Tentative Map to subdivide an approximately 7.37 acre parcel (APN 048-132-027) and a 8.31 acre portion of a 1.7.05 acre parcel (APN 048-141-012) into 44 residential lots which shall b~e substantially as shown on plans received in the Petaluma Community Development Department on February 13, 2003, except as modified by these conditions consistent with City Council direction. 2. Lot 17 shall be eliminated and Lots 18 through 28 shall be shifted to provide a 20 foot wide EVA between Lots 23 and 24 to line up with the Eddie Way EVA. Bollards shall be installed to prevent vehicular access to the park except emergency vehicles. The EVAs shall be owned and maintained by the Homeowners Association. The area between Lot 28 and the private open space easement shall be approximately 50 feet subject to review and approval of the Community Development Department staff. Prior to recordation of the Final Map, a public access easement shall be granted over the entire area of parcels designated as B and D (private open space along Magnolia and at the end of Samuel Drive). 3. LAFCO shall approve annexation of the property to the City of Petaluma within one year of approval of the Vesting Tentative Map or such approval shall be null and void. 2003-031 N.C.S. Page 2 4. Within five days of the City Council approval, the applicant shall submit the $35.00 Notice of Determination filing fee and the $1,250.00 Fish and Game filing fee to the Community Development Department. The fees may be paid with one check and shall be made payable to the Sonoma County Clerk. 5. Prior to dedication of the public park portion of the Magnolia Avenue site to the City for parkland, the developer shall clean up the site, remove the eucalyptus tree debris, and reforest the site with approximately 150 native trees. Stumps in the open space area shall be cut to ground level; stumps in future bicycle or pedestrian pathways shall be removed. The reforestation plan shall be developed in conjunction with the Recreation, Music and Parks Commission and the Petaluma Tree Advisory Committee. The park site shall be cleaned up during grading activities on the site. 6. The applicant's representative shall prepare an initial plan for the park (and one follow-up plan), which shall be submitted to the Recreation, Music and Parks Commission for review and approval. Mission Valley Properties will build the park and will get credit against Park and Recreation Land Improvement in-lieu fees in an amount equal to what is required in park fees. The park shall be completed prior to issuance of A Certificate of Occupancy for the last house on the Magnolia site (Lots 1 through 27). A $175,000 annuity for maintenance of the park shall be paid by the developer to the City upon acceptance of the parkland by the City. 7. The Developer shall provide afive-year warranty on all new trees. 8. The elevations, landscape plan, bridge design, signage, Design Guidelines and Development Standards are subject to the review and approval of the Site Plan and Architectural Review Committee prior to issuance of any grading or building permits. 9. The PUD Development Guidelines and Standards shall allow the custom houses on the Gossage site to be up to 4,500 square feet in size. House plans 2 and 3 for the Magnolia site may be enlarged to accommodate an additional bedroom up to 250 square feet without enlarging the footprint or the volume of the structure. 10. All work within a public right-of--way requires an encroachment permit from the Department of Public Works. 11. A reproducible copy of the finalized PUD Development Plan and written PUD Standards and Design Guidelines incorporating all project conditions of approval shall be submitted to the Community Development Department prior to Final Map recordation. 12. A reproducible copy of the Tentative Subdivision Map, reflecting all adopted conditions of approval, shall be submitted to the Community Development Department prior to Final Map recordation. 2003-031 N.C.S. Page 3 13. At a minimum, PGE will require the following Public Utility Easements (PUE) in order to provide gas and electric service to the development. a. A 7.5-foot wide Public Utility Easement along the front of Lots 1 through Lots 28, bordering the road and courts as shown on the Tentative Subdivision Map dated February 13, 2003, (as modified by the City Council on February 24, 2003) shall be offered for dedication by the property owner. b. A 7.5-foot wide PUE along the front of Lot 31 through Lot 36, bordering the road as shown on the Tentative Subdivision Map, dated February 13, 2003, (as modified by the City Council on February 24, 2003) shall be offered for dedication by the property owner. c. A 7.5-foot wide PUE along the front of Lot 43 through Lot 47, bordering the road as shown on the Tentative Subdivision Map, dated February 13, 2003, (as modified by the City Council on February 24, 2003) shall be offered for dedication by the property owner. d. A 7.5-foot wide PUE along the front of Parcel D as shown on the Tentative Subdivision Map dated February 13, 2003, (as modified by the City Council on February 24, 2003) be offered for dedication by the property owner. e. A 6-foot wide PUE along the west side of Lot 38, adjacent to Lot 39, as shown on the Tentative Subdivision Map dated February 13, 2003, (as modified by the City Council on February 24, 2003) be offered for dedication by the property owner. f. A 5.0-foot wide PUE along the east side of Lot 39, adjacent to Lot 38, as shown on the Tentative Subdivision Map dated February 13, 2003, (as modified by the City Council on February 24, 2003) be offered for dedication by the property owner. g. The entire 20 foot wide private driveway from Gossage Avenue to Street D will be offered for dedication as a PUE. This will provide the necessary land rights for utilities to Lots 37 to 42. h. All streets and courts be as shown on the Tentative Map dated February 13, 2003, (as modified by the City Council on February 24, 2003) be offered for dedication as PUE's or franchise streets by the property owner. 14. The Developer shall enter into an agreement with the City prior to the issuance of building permits stating that the Developer is responsible for payment of on-going costs related to future monitoring of mitigation measures or conditions of approval Mitigation Measures as Conditions of Approval: 15. All earthwork, grading, trenching, backfilling and compaction operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title 20, chapter 20-04 of the Petaluma Municipal Code) and Grading and Erosion Control Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code. 16. The applicant 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 the City 2003-031 N.C.S. Page 4 Engineering and Community Development Department, 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 15t~', prior to the on-set of the rainy season, with all disturbed areas stabilized and revegetated by October 31St. Upon approval by the Petaluma City Engineer, extensions for short-term grading may be allowed. Special erosion. control measures may be required by the City Engineer in conjunction with any specially permitted rainy season grading. d. If required to prevent scour and erosion of channel banks, biotechnical erosion control and bank stabilization measures shall be incorporated into the grading and landscape plans as described in the "Restoration Design and Management Guidelines for the .Petaluma River Watershed, Vol. II". Channel modifications shall be limited to specific problem areas. 17. All construction activities shall meet the Uniform Building Code regulations for seismic safety (i.e. reinforcing perimeter and/or load bearing walls, bracing parapets, etc.). 18. Prior to issuance of a grading permit, building permit or approval of an improvement plan or Final Map, the Applicant shall provide a Soils Investigation and Geotechnical Report prepared by a registered professional civil engineer for review and approval of the City Engineer and Chief Building Official in accordance with the Subdivision Ordinance and Grading and Erosion Control Ordinance and as recommended by Geomatrix and as confirmed by Kleinfelder. The soils report shall address site- specific soil conditions (i.e. highly expansive soils) and include recommendations for: site preparation and grading; foundation and soil engineering design, pavement design, utilities, roads, bridges and structures. 2003-031 N.C.S. Page 5 19. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations and structural components shall conform with the specifications and criteria contained in the geotechnical report, as approved by the City Engineer. The geotechnical engineer shall sign the improvement plans and certify the design as conforming to the specifications. The geotechnical engineer shall also inspect the construction work and shall certify to the City, prior to acceptance of the improvements or issuance of a certificate of occupancy, that the improvements have been constructed in accordance with the geotechnical specifications. Construction and improvement. plans shall be reviewed for conformance with the geotechnical specifications by the City Engineer and Chief Building Official prior to issuance of grading or building permits and/or advertising for bids on public improvement projects. Additional soils information may be required by the Chief Building Inspector during the plan check of building plans in accordance with Title 17 and 20 of the Petaluma Municipal Code. 20. Foundation and structural design for buildings shall conform to the requirements of the Uniform Building Code, as well as state and local laws/ordinances. Construction plans shall be subject to review and approval by the Building Division prior to the issuance of a building permit. All work shall be subject to inspection by the Building Division and must conform to all applicable code requirements and approved improvement plans prior to issuance of a Certificate of Occupancy. 21. Prior to issuance of a grading or building permit; the applicant shall submit a detailed schedule for field inspection of work in progress to ensure that all applicable codes, conditions and. mitigation measures are being properly implemented through construction of the project. 22. The applicant shall incorporate the following Best Management Practices into the construction and improvement. plans and clearly indicate these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. a. Exposed soils shall be watered periodically during construction, a minimum of twice daily. The frequency of watering shall be increased if wind speeds exceed 15 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. b. During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. c. Grading and construction equipment operated during construction activities shall be properly mufflered and maintained to minimize emissions. Equipment shall be turned off when not in use. d. Traffic speeds on unpaved roads shall be limited to 15 mph. e. Construction sites involving earthwork shall provide for a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction vehicles prior to entering the public 2003-031 N.C.S. Page 6 roadways. Street surfaces in the vicinity of the project shall be routinely swept and cleaned of mud and dust carried onto the street by construction vehicles. f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more). g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). h. Post-construction revegetation, repaving or soil stabilization of exposed soils shall be completed in a timely mariner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance of improvements or issuance of certificates of occupancy. i. The Developer 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 permits. 23. All residential units designed with fireplaces shall meet the requirements of Ordinance 1881 N.C.S. for clean-burning fuels. 24. Architectural coatings and asphalt paving conducted on the project site shall adhere to rules and regulations stated in the BAAQMD Rulebook.. 25. All construction activities shall be performed in a manner that minimizes the sediment and/or pollutants 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. a. The applicant shall designate construction staging area and areas for storage of any hazardous materials (i.e. motor oil, fuels, paints, etc.) used during construction on the improvement plans. All construction staging areas shall be located away from any .stream and adjacent 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 contaminants from entering drainage areas in the vent of a spill or leak. b. No debris, soil, silt, sand, cement, concrete or washings thereof, or other construction related materials or wastes, oil 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. c. No heavy equipment shall be operated in any live creek channel. All in-stream channel work shall be limited to the dry season (typically defined as May 1st through October 15`" and performed in accordance with conditions specified by the Department of Fish and Game in a Streambed Alteration Agreement. The Department of Fish and Game may require a more limited construction period in stream channels that support anadromous fisheries. Applicant shall provide copy of the approved Streambed Alteration Agreement and proof of compliance with the 2003-031 N.C.S. Page 7 permit conditions prior to approval of improvement plans or issuance of grading permits for work within any channel. 26. 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. 27. Prior to issuance of a grading or building permit or approval of any improvement plans for earthwork within any creek corridor or identified wetland site, proof of authorization from all applicable responsible agencies including, but not limited to, the U.S. Army Corps of Engineers, the California Regional Water Quality Control Board, and the California Department of Fish and Game, shall be submitted by the applicant to the Community Development Department. 28. The applicant shall submit a detailed grading and drainage plan for review and approval by the Community Development Department prior to approval of a final map, improvement plan, grading or building permit. The project grading and 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 conformance with the City's "Restoration Design and Management Guidelines". 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 appropriate 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. 29. Building envelopes adjacent to the Magnolia Avenue drainage ditch shall comply with the Sonoma County Water Agency creek setback (measured from the toe of the streambank, outward a distance of 2 %2 times the height of the streambank plus 30 feet or 30 feet outward from the top of the streambank, whichever is greater). 30. The drip line of all trees and riparian vegetation and the footprint of wetland areas shall be surveyed and accurately depicted on the grading and construction plans as sensitive areas to be avoided and protected during construction. Before the start of construction in an area where existing trees are to be retained and protected, exclusion fencing shall be installed. Fencing shall be installed as shown on the Tree Location Map or, at a minimum, around the perimeter of the trees' drip line or at the limit of grading when grading encroaches into the drip line. Drip line is defined as the point where the distance from the edge of the tree canopy to the trunk is the greatest. This radius shall 2003-031 N.C.S. Page 8 be used in establishing the perimeter of the exclusion fencing. Fencing materials shall be highly visible and sturdy such as a portable cyclone fence or comparable fencing material. Signs shall be posted on fencing prohibiting parking of vehicles or storage of materials within the trees' drip line. 31. Grade changes that affect surface and subsurface drainage around the tree shall be avoided. Adequate drainage shall be maintained to prevent any ponding of water around the base of trees. 32. Trenching within the drip line of the trees shall be minimized. Trenches shall not be excavated closer than half the distance from the trunk to the edge of the tree canopy. An alternative to trenching is to place utilities in a conduit that is bored through the soil. This minimizes root damage. If trenching within the drip line is unavoidable, a joint trench shall be used for all utilities to minimize the damage caused by multiple trenching. If possible, roots three inches in diameter and larger should not be cut. 33. Trees with greater than 30 percent root loss shall be provided with supplemental seasonal irrigation. The irrigation shall be deep and infrequent -monthly during the growing season. Supplemental irrigation shall be provided for one to three years, depending on the degree of root damage or loss. Care shall be taken to keep the zone around the root crown (6-10 foot radius around the trunk) dry. 34. All turf areas shall be graded to drain away from valley oaks and creek corridors to avoid long-term impacts of irrigation and chemical use of pesticide and herbicides. A minimum 6-foot radius around the base of the tree should be dry and well drained. The grading and drainage plans shall maintain the root-zone areas of the large valley oaks and riparian areas in a natural state, such that turf areas, irrigation and drainage shall be avoided in these areas. The landscape and drainage plans shall be submitted for SPARC approval and reviewed for conformance with this requirement by the Community Development Department prior to issuance of grading or building permits. 35. Soil compaction .around the trees shall be avoided. When possible, a thick layer of crushed rock underlain by a geotextile as an alternative to soil compaction for road based preparation within or near the drip zone of trees shall be used. A thick layer of organic mulch such as wood chips is to be placed within areas subject to light traffic. Vehicle and equipment parking and materials storage shall not occur within the drip line of trees at any time. 36. All trees shown on the Tree Location Map as "impacted" shall have their trunks protected by attaching straw bales to the trunk. Bales shall be tied to the trunk on the side facing grading operations to prevent bark damage from construction equipment. 37. Crown thinning to compensate for root loss shall be avoided. 2003-031 N.C.S. Page 9 38. Tree removal associated with construction shall be mitigated at a 3.2:1 (replacement: removal) ratio with 15-gallon size trees for a total of 224 replacement trees. 39. Certain areas of the site are identified as jurisdictional "Waters of the United States" as defined by the Army Corps of Engineers; the applicant shall apply to the Army Corps for a Section 404 of the Clean Water Act permit. The applicant shall avoid impacts to wetlands to the maximum extent practicable. If avoidance is not practical, then a Wetland Mitigation Plan and Monitoring Program shall be prepared and submitted to the Corps of Engineers and Community Development Department for review and approval, prior to SPARC review or approval of improvement plans or final map. 40. Revegetation of areas damaged or destroyed by grading, construction of access bridge or detention basins shall be implemented to restore fiill habitat value. A vegetation restoration plan shall be submitted to the Community Development Department at the time of SPARC application. 41. All construction activities in and immediately adjacent to potential nesting area for raptors and other birds should be conducted outside the normal breeding season (generally January 15 to July 15). If the project occurs within-this season, however, a biologist shall survey the site prior to construction and mark all raptor-nesting trees with flagging. A construction setback of 50 feet from such trees will apply. 42. A contractor education program that includes an on-site briefing shall be implemented to ensure that all construction personnel are fully informed of the biological sensitivities associated with the project and about how to best avoid impacts to these sensitivities. The following measures shall be specified in the construction contract: 43. All construction activities shall comply with applicable Performance Standards in the Petaluma Zoning Ordinance and Municipal Code. 44. All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma. There will be no start up of machines nor equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; no cleaning of machines nor equipment past 6:00 p.m., Monday through Friday; and no servicing of equipment past 6:45, Monday through Friday. The developer's phone number shall be made available for noise complaints. 45. Pile driving activities shall be limited to 8:00 a.m. to 5:00 p.m. weekdays only. 46. All construction equipment powered by internal combustion engines shall be properly muffled and maintained to minimize noise. Equipment shall be turned off when not in use. 2003-031 N.C.S. Page 10 47. Construction maintenance, storage and staging areas for construction equipment shall avoid proximity to residential areas to the maximum extent practicable. Stationary construction equipment, such as compressors, mixers, etc. shall be placed away from residential areas and/or provided with acoustical shielding. Quiet construction equipment shall be used when possible. 48. The developer shall designate a Project Manager with authority to implement the mitigation measures who will be responsible for responding to any complaints form the neighborhood, prior to issuance of a building/grading permit. The Project Manager's phone number shall be conspicuously posted at the construction site. The Project Manager shall determine the cause of noise complaints (e.g. starting too early, faulty muffler, etc.) and shall take prompt action to correct the problem. 49. All. single-family residences located adjacent to an arterial street or within a projected 65 Dba noise contour shall be constructed using appropriate construction techniques and materials to achieve compliance with the noise standard for interior living area (45 Dba maximum noise level) and the General Plan standard for exterior yards (60 Dba). Placement of buildings to shield roadway noise from exterior yards and/or installation of a 6 foot freestanding sound wall or earthen berm along the property line shall be required to meet General Plan Noise Standards. The developer shall provide an acoustical report prepared by a qualified acoustical engineer, which demonstrates that the proposed building construction will meet both interior and exterior noise standards. Said report shall be submitted by the developer for review and approval of the Community Development Department prior to issuance of building permits. 50. All land uses shall conform to the Performance Standards listed in Section 22-300 of the Petaluma Zoning Code. 51. 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 natural/undeveloped 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. 52. 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 the headlight glare. 53. No illumination shall be installed within the designated open space/park area except for low level lighting along designated pathways adjacent to public streets or across pedestrian bridges. The improvement drawings 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 2003-031 N.C.S. Page 11 Review Committee and the Parks and Recreation Director prior to the approval of the final map, improvements plans or advertising for bids. 54. Shade trees shall be incorporated into building and improvement plans along public streets and within parking areas in conformance with the City's Site Plan and Architectural Review Guidelines to reduce glare and provide shade. 55. All new and existing overhead utilities (except for high voltage transmission lines) shall be placed underground. 56. Architectural details, landscape plans and specifications, and detailed site plans shall be subject to review and approval by the Site Plan and Architectural Review Committee prior to issuance of building permits. 57. Trenching for utilities and irrigation hne shall be kept to as shallow a depth as practical to avoid disturbing potential subsurface resources. 58. An archaeologist shall monitor ground-disturbing activities in the Magnolia parcel. Initial checks should occur on a daily basis, with the interval reduced to three per week at the monitoring archaeologist's discretion. The City shall retain and administer the contract for the monitoring archaeologist. The applicant shall be responsible for the costs of mitigation monitoring, including contract administration costs to the City. The contract with a qualified archaeologist shall be executed and funds deposited with the City prior to issuance of a grading permit. Monitoring is needed during ground level construction work only and shall be concluded with a written report submitted to the City prior to issuance of certificates of occupancy. 59. Per Section 7050.5 of the California health and Safety Code, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner's authority. If human remains are encountered, work within 50 feet of the find shall halt and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted to evaluate the situation. If the graves cannot be avoided by project activity, an archaeological excavation program shall be implemented to remove the burials and associated grave goods, analyze the remains and prepare a report of findings, If possible a most likely descendent should be identified and consulted for the proper treatment and disposition of the remains. If acceptable to the most likely descendent, or if a most likely descendent is not identified, reburial of the remains shall be as close as possible to their original location. The Cypress Hill Cemetery would be an appropriate location. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendent to 2003-031 N.C.S. .Page 12 inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. 60. If any artifacts, cultural remains or potential resources are encountered during construction activities, work within 50 feet of the find shall cease and the construction contractor shall notify the Community Development Director. Prehistoric materials can include flaked-stone tools (e.g. projective points, knifes, shoppers) or obsidian, chert or quartzite tool-making debris; cultural darkened soil (i.e. midden soil often containing heat affected rock, ash and charcoal, shellfish remains, and cultural materials); and stone milling equipment (e.g. mortars, pestles, handstones). Historical materials might include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass, ceramics and other refuse. An archaeologist shall evaluate the finds and make a recommendation. The applicant shall comply with all mitigation recommendations of the archaeologist prior to commencing work in the vicinity of the archaeological finds. The applicant shall be responsible for all costs associated with the consulting cultural resource specialist. From the Bicycle Advisory Committee: 61. Any private open space in this development shall have a permanent public easement on its entirety. 62. There shall be two benches on the proposed open space view corridor lot (parcel D). 63. Lighting shall not glare into pedestrian/cyclists' eyes. 64. Under no circumstances shall any pesticide/herbicide be applied in areas used by pedestrians bicyclists anywhere in this project or the surrounding areas without appropriate signs warning of the use of chemicals, a policy currently employed by the Music, Recreation and Parks Department. This project shall utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of pedestrians and bicyclists. From the Engineering Division: 65. Frontage Improvements Magnolia Avenue a. Frontage improvements shall include, but not be limited to, half-street reconstruction, curb, gutter, sidewalk, storm drains, sanitary sewer, water mains, street lights, pavement markers, traffic signs, fire hydrants and landscaping. The half-street width shall be 18-feet (one 12-foot travel lane and 6-foot bike path). A half-street right-of-way width of 30-feet shall be dedicated. The minimum pavement thickness shall be six inches. 2003-031 N.C.S. Page 13 Mission Valley Properties agrees to pave the entire width of Magnolia Avenue in front of the project site in exchange for the elimination of the sidewalk east of project entry. Per the direction of the City Council on February 24, 2003, from the centerline north, the street will be reconstructed; from the centerline south, the street will be overlaid. The City will retain an easement to allow future installation of the sidewalk. All work shall be done to City standards. b. The proposed roundabout at street "A" and Magnolia Avenue shall meet the latest industry guidelines and standards. Pedestrian crossing on Magnolia Ave. shall be incorporated in the roundabout with adequate safety features for this location. The final roundabout design shall include a peer review by a firm with roundabout design experience. c. There shall be no parking along Magnolia Avenue. d. Place existing overhead utilities underground that traverse this subdivision or exist along the frontage of Magnolia Avenue. Gossa~e Avenue e. Dedicate right-of--way and provide frontage improvements as required by the Sonoma County Publics Works Department. 66. Grading a. The Grading plan shall conform to the soils investigation report prepared for this subdivision. Graded swales with a slope greater than 5% shall be protected with a permanent method other than planting. b. Any existing structures, above or below ground, that are to be abandoned or are not necessary to the function of this subdivision, shall be removed. c. Grading cuts or fills shall remain at least 5-feet from the boundary of the existing subdivision. d. The developer shall prepare a storm water pollution prevention plan, submit an erosion control plan and file a notice of intent. 67. Streets a. All proposed streets shall have a minimum width of 32-feet with parking allowed on both sides as shown on the vesting tentative map. The cul-de-sac bulb radius shall be a minimum of 43-feet. Curb ramps shall be located at all intersections. The minimum pavement thickness shall be 4-inches. The face-of- curb radius at intersections shall be 25-feet for interior streets and 40-feet at street "A" and Magnolia Avenue (or as specified by the roundabout design). b. Streets, signs, pavement markings and streetlights shall be constructed and installed per City Standards. c. All emergency vehicle access roads shall have an all-weather surface capable of supporting emergency vehicles. A lockable vehicle barrier shall be installed at each of the access roads providing a minimum 4-foot wide passage for pedestrians and bikes. 20.03-031 N.C.S. Page 14 d. Vehicle barriers shall be installed at access points to the park including driveway approaches for fire equipment. e. Access to Gossage Avenue shall be limited to one shared private drive. Only four parcels are allowed on one private access easement. Therefore, four lots shall be accessed from Gossage Avenue or from Street D. £ The final design configuration of the parking areas at the end of Street A and adjacent to Lot 28 (as shown on plans dated February 6, 2003, but modified by the City Council on February 24, 2003), shall be determined at the improvement plan review. The parking areas shall include vehicle barriers to prevent private vehicular access to parcel A and still allow fire equipment access. 68. Site Drainage and Storm Drain a. The property owners shall maintain the proposed storm drain and detention systems within the public right-of--way and parcels A, B, C and D. A maintenance agreement shall be recorded for the storm drains and detention facilities. b. The storm drain outfall at lot 13 shall be directed through the south side of lot 13 in a public storm drain easement to street "A" and to the catch basin at the end of street "A". An all-weather access road shall be provided over this easement. c. Street "C" shall slope to street "A" and eliminate the proposed catch basins and storm drains. d. Remove the first two catch basins in street "D" or direct the storm drains from those catch basins to the catch basin at lot 47. Eliminate the skewed storm drain crossing in street "D". e. Lot to lot surface drainage in swales shall not be allowed. Storm drains and inlets may be provided to direct surface drainage across private property. 69. Sanitary Sewer and Water Systems a. The proposed water main system shall be capable of delivering a continuous fire flow as directed by the Fire Marshal, while maintaining a minimum residual pressure of20 pounds per square inch. b. The water and sanitary sewer services for lots 38, 39, 40 and 41 shall be connected to the proposed public water and sanitary sewer systems in street "D." c. The public water and sanitary sewer systems shall conform to City standards and the Water Resources and Conservation Department. d. The water meters shown on the tentative map adjacent to lots 42, 43, 46 and 47 shall not be allowed. e. All water services shall be 1-inch in diameter and all water meters shall be located in the public right-of--way or easement as reviewed by Water Resources and Conservation Department. f. Well water may be used. for irrigation of public landscaped areas per county health standards for use of well water. If not used for irrigation of public landscaped areas, any existing wells shall be abandoned per Sonoma County requirements. 2003-031 N.C.S. Page 15 g. Provide an 8-inch diameter water main connection from Eddie Way to street "A" through the proposed emergency vehicle access. h. Install a fire hydrant on Gossage Avenue at the emergency access vehicle road. 70. Offsite Improvements a. Any existing public 6-inch diameter sanitary sewer pipe downstream from Samuel Drive shall be replaced with a minimum 8-inch-diameter pipe. 71. Final Map a. Show all existing and proposed easements that are within the subdivision boundary. b. The proposed emergency vehicle access locations shall also include public pedestrian and bicycle access. c. Provide the necessary easements for public or private water, sanitary sewer and storm drain facilities. d. Provide standard 10-foot wide public utility easements along both frontages and both sides of proposed right-of--ways. 72. All hydrologic, hydraulic and storm drain system design shall be subject to the review and approval of the Sonoma County Water Agency. 73. Public water, sanitary sewer and stone drain easements shall have paved surfaces capable or supporting maintenance vehicles. 74. The developer shall keep the existing public streets clean that are used for access to this site during construction. 75. The developer shall prepare the necessary private roadway, water line, sanitary sewer and storm drain maintenance agreements for the proposed shared facilities. Agreement documents shall be recorded with the final map. 76. The final map and improvement plans shall be prepared per the latest City policies, standards, codes, resolutions and ordinances. From the Fire Marshal: 77. Provisions for Annual Weed/Brush Abatement of the urban interface and the developed area shall be the responsibility of the developer/property owner. A plan that outlines the criteria for provisions of weed abatement shall be developed. This plan shall be approved by the Fire Marshal's office prior to approval of final map for the project. This plan shall include conditions for fire safe landscaping, firebreaks and shall be in accordance with "Fire Safe Standards" developed by the State of California. The open space areas shall contain disked trails across the middle to discourage the rapid spread of fire. Such fire abatement practices shall be completed 2003-031 N.C.S. Page 16 on an annual basis. A site plan outlining the firebreaks shall be submitted to the Fire Marshal's office for approval prior to approval of the final map. 78. Prior to beginning of construction, provide documentation for entrance bridge of a minimum of 61,500 lbs. load capacity for fire apparatus. c. Prior to beginning of construction, provide drawing with dimensions of roundabout for fire apparatus access. d. The minimum fire flow for this project is 1,500 GPM at 20 pounds per square inch. Proof that required fire flow is available shall be supplied to the Fire Marshal prior to construction. e. Prior to building permit issuance, provide Fire Marshal's office with sprinkler plans for review and permit. Fire sprinkler systems designed and installed in accordance with NFPA 13-D are required in residential structures including extension of sprinklers into the garage, bathrooms over 55 square feet, closets over 24 square feet (or 3 feet deep) and other attached structures. These systems shall be calculated for two-head. activation for the most remote two heads. £ For emergency vehicle accesses, provide turn radius R=25' at street A. g. Provide pipe gates at each end of emergency vehicle access and at access to parcel A and B. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting r on the .........2.4.`.h.......... day of ........F.elzrliax~t ............................... 20..Q3, by the following vote: ••••••' ••• •••••••••••• y••••••• 1City Attorne AYES: Canevaro, Harris, Healy, Vice Mayor O'Brien NOES: Mayor Glass, Torliatt ABSENT: M nihan ' ATTEST: .............................................................................................. ....... . •.... .... ................................. City Clerk Mayor Council File ................................... Res. No.........20-03-03.1........N.c.s.