HomeMy WebLinkAboutAgenda Bill 4CPart1 05/17/2010DATE: May 17, 2010
TO:
FROM:
SUBJECT
Honorable Mayor and Members of the City Council through, City Manager
Geoff Bradley, Planning Manager �o
Public Hearing for the Sunny D Project located at 216 Sunnyslope Avenue and
1311 D Street, APN 019-130-011 and 019-130-049
"'eO1V MENDATION:
It is recommended that the City Council take the following actions:
1. Adopt the attached Resolution Adopting a Mitigated Negative declaration and Mitigation
Monitoring and Reporting Program for the Sunny D PUD Modification and Tentative
Parcel Map located at 216 Sunnyslope Avenue and behind 1311 D Street, APNS 019-
130-011. and 019-130-049 City File Number: 09-TPM-0134-CR (Attachment 1).
2. Adopt the attached Resolution Approving a Modification to the Sunnyslope Planned Unit
District Development Standards relating to the Sunny D Project at 216 Sunnyslope
.Avenue and behind 1311 D Street, APNS 019-130-011 and 019-130-049 City File
Number: 09-TPM-0134-M(Attachment 2).
3. Adopt the attached Resolution Approving 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 (Attachment 3).
BACKGROUND:
In October, a public notice describing the proposed project and specifying that it would be
considered administratively (at the staff level) was sent to neighbors and property owners within
500 feet of the subject area and published in the Argus Courier. Two neighbors expressed
concern with the project. A neighbor across Sunnyslope from the site, expressed concern about
the existing condition of Kelly Creek and that the project would negatively affect Kelly Creek.
A neighbor on 121h Street cited questions and expressed concern with the proposed
administrative process as well as with drainage and other items.
The city's Implementing Zoning Ordinance ("IZO") Section 19.040.E.3 states that "modification
to an approved Unit Development Plan shall be made only by Resolution of the City Council
after receipt of a recommendation from the Planning Commission". Because Section 19.040.E.4,
allows for- Administrative Minor Modifications to Approved Unit Development Plans, for
Agenda Review:
Dept. Director` City Attorney Finance Director City Manag
modifications (which are "minor in nature and .clearly inconsequential", "as determined by the
Director") only "so long as no increase in unit yield results," staff re-evaluated and determined
that it was not completely clear that the parcel map and PUD modification could be processed
administratively.
The allowable unit yield for this area increased in May of 2008, when General Plan 2025 was
adopted. General Plan policy 1-P-5, which speaks specifically to the Sunnyslope PUD, states
that "the unit yield calculation historically used in Sunnyslope" is superseded by the densities of
the General Plan. Thus, while the General Plan change in the allowable unit yield has already
taken place, and will not be increased by this application, new lots would result from the approval
of the application. Using this interpretation of the .IZO and also because of the interest of
surrounding property owners in the project, staff presented the project at a Planning Commission
public hearing on January 12, 2010.
DISCUSSION:
The Planning Commission reviewed the proposed project on January 12, 2010. After hearing
from staff, the applicant, and taking ' public testimony, the Commission deliberated and
unanimously passed resolutions recommending adoption of the mitigated negative declaration
and mitigation monitoring and reporting program, approval of the PUD modification and
approval of the parcel map, with modified conditions of approval. The Planning Commission
staff report and associated documents are provided as attachment 4 to this report.
The following modifications to the conditions of approval recommended by the Planning
Commission are incorporated into the proposed Council resolution for parcel map approval:
1. Modify the Public Works (Engineering) Conditions specifying maintenance obligations to
require installation of fossil filters at all drop inlets and design of the detention system to
accommodate a 100 year storm event.
The conditions as requested are modified in the attached Council Resolution conditions
#20, #21 and #25. The applicant has agreed to upsize the detention to accommodate a
1'00-year storm event, Condition #20. event.
2. Modify Condition #2 to include the appropriate filing fee for the Notice of Determination
(NOD).
Condition #2 is modified accordingly.
3. Tree pruning shall be done by a Certified Arborist and no parking shall be allowed
within the drip -line of the Oaks and other native trees.
Conditions #3; #4, #5, #6 and #7 are modified as requested.
4. No front lawns shall be permitted due to water conservation efforts.
Condition #10 is added to address this item.
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5. The residences shall be pre plumbed for solar facilities.
Condition 411 is added to address this item.
Conditions recommended by -Planning Commission but not incorporated into the Council
resolution are described below:
1. Modify Condition #8 to include 95% or higher efficiency heating/furnaces rather than
90% as conditioned.
General Plan policy 4-P-15 (D) requires the "use of high efficiency heating and other
appliances, such as cooking equipment, refrigerators, and furnaces, and low NOx water
heaters in new and existing residential units." No specific level of efficiency is specified.
The.90% requirement is what is required for a furnace to be "Energy Star" rated per the
Federal Energy Department, unless deemed impractical by the building official. Without
an appropriate regulatory basis for a higher 95% efficiency rating, staff is not
recommending that the condition be modified.
2. .Prohibition of accessory dwellings (second units).
The proposed project includes an amendment to the Sunnyslope PUD to provide General
Plan conformance by applying the development standards for the R2 zoning district.
Second units are not prohibited in the R2 zoning district nor are they prohibited in the
Sunnyslope PUD. Provisions of state law designed to encourage second units limit the
City's ability to impose this prohibition. Government Code Section 65852.2 generally
provides that, approval of a second unit shall be ministerial, unless there is a local
ordinance that precludes second units in single-family or multi -family zoned areas based
on special findings acknowledging that the ordinance may limit housing opportunities of
the region and identifying specific adverse impacts on the public health safety, and
welfare that would be caused by allowing second units in single-family and multifamily
zoned areas. The City has not adopted an ordinance which would preclude second units,
nor has it made the special findings. Therefore, staff does not recommend.this condition
of approval.
3. Prohibition on further subdivision of the Remainder Lot.
A remainder parcel can be the subject of a future request to subdivide pursuant to the
Subdivision.Map Act, with some qualifications:
a. If future subdivision is requested, the future subdivision proposal must include the
current parcel map parcels for purposes of counting parcels. In this case, a
subdivision map would be required for further subdivision of the remainder parcel
because the current parcel map count is 4, and least one additional new parcel
would be created if the remainder is proposed for further subdivision.
3
b. The current parcel map could restrict the remainder parcel if the current project
creates impacts that require such restriction, for example, if the remainder area is
needed for flood control, or improvements to serve the proposed project or protect
the public health and safety. (Govt Code section 66424.6 (a) (2). In this case
staff does not consider project impacts as analyzed to require this type of
restriction on the remainder parcel. Any future development of the remainder
parcel would be evaluated upon application for a future subdivision'map.
At the Planning Commission meeting there was also discussion regarding vehicle access and
circulation. There will be a proposed access easement for a private driveway to the site, which
will connect from "D" Street to lots 1-4. The designated remainder,lot will use its existing access
from Sunny Slope Avenue. The private driveway has-been designed to allow sufficient space for
access and turnaround by emergency service vehicles. An emergency vehicle access easement is
being proposed and will be granted to the City of Petaluma as a condition of project approval
(Condition #34. The project proposes to extend the driveway approximately 90 feet to access the
4 proposed parcels. Permeable paving will be placed as needed under drip lines of existing trees
not on the protected tree species list to accommodate access to the parcels. No construction will
be allowed within the drip lines of protected tree species accept for minor earthen swales.
Mutually used private driveways shall be made part of an overall maintenance agreement.
The Commission also discussed the need for adequate maintenance agreements and a
homeowners association (HOA). Typically for an HOA to be in place a shared parcel ownership
would have to be provided. This project does not have a shared parcel under one ownership and
will not have an HOA. An emergency vehicle access easement is being proposed and will be
granted to the City of Petaluma (conditioned #34).
In addition, the Commission recommended that the applicant meet with the neighbors prior to
the City Council meeting. The applicant has met with the neighboring property owners. Staff
understands that there 'is potential to allow for the neighboring -property owner (Nieuwboer) to
connect to the sanitary sewer, provide future access and an EVA provided that they can work out
all the arrangements with the City. Staff understands that there is potential for the other
neighboring property owner (Mills) to connect to the sanitary sewer and an EVA.
For further information please refer to the Planning Commission staff report of January 12, 2010
.and its associated attachments. The Initial Study analyzing the Project's environmental effects is
attached as Exhibit 4 to the Planning Commission staff report.
FINANCIAL. IMPACT'S:
The Project is subject to cost based fee recovery. The applicant has paid $21,665.00 in
development review application fees.
ATTACHMENTS
Resolution of the Petaluma City Council City Council Adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the Sunny D PUD
Modification and Tentative Parcel Map
Exhibit A -Sunny D Mitigation Monitoring and Reporting Program.
11
2. Resolution of the City Council of Petaluma Approving a Modification to the
Sunnyslope Planned Unit District Development Standards Relating to the Sunny D
Project.
Exhibit A — Parking Modification to Development Standards
Exhibit B - Sunny D PUD Development Standards
3. Resolution of the City Council of the City of Petaluma Approving a Tentative Parcel
Map `for the Lands of Sunny D
Exhibit A — Conditions of Approval
4. Planning Commission Staff Report of January 12, 2010 and Associated Attachments:
Initial Study and Associated Studies:
® Soils Statement prepared by Steven J. LaFranchi & Associates, Inc.
® Preliminary Drainage Analysis prepared by Steven J. LaFranchi & Associates,
Inc. dated April 6, 2009.
® Tree Preservation and Mitigation Report prepared by John C. Meserve dated
Judy 27, 2009
® Staff memorandum providing an update to the water supply information in the
Initial Study,, dated January I2, 2010
® Staff memorandum providing an update to the air quality/ozone information in
the Initial Study, dated January 12, 2010
® Sunnyslope PUD Resolution adopting Development Standards
® Petaluma General Plan 2025 Discussion Paper Summary, West Hills 8b
® IZO'Table 2-land Section 4.020
Correspondence:
® Joseph Grubaugh and'Sigrun Seifert, 307 Sunnyslope Avenue, dated October
26, 2009
,® Dennis Elias, 222 121h Street, dated October 22, 2009 and Addendum letter
dated October 27, 2009
5. Project narrative dated April 14,.2010.
6. Letter dated January 11, 2010 from John Meserve of Horticulture Associates
7. Sight Line Exhibit date stamped January 12, 2010
8. Full and Half -Sized Plans, dated December 7, 2009
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ATTACHMENT 1
RESOLUTION'OF THE CITY OF'PETALUMA CITY COUNCIL ADOPTING A MITIGATED
NEGATIVE' DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOA TILE+SUNNY D P U D MODIFICATION AND TENTATIVE PARCEL MAP
LOCATED AT 216 SUNNYSLOPE AVENUE AND'BEHIND 1311 D STREET,
- APNS 019-130-011 AND 0179-130-049
City File Number: 09-TPM-0134-CR
WHEREAS, Steven J. Lafranchi submitted applications (09-TPM-0134-CR) to the City
of Petaluma regarding the property located at 216 Sunny -slope Avenue and behind 1311 D 'Street,
APNS .019-130-011 and 019-130-049 for a PUD Modification and Tentative Parcel Map ("the
Project" or the "proposed Project"); and
WHEREAS, the Project is located within the study area of'the Petaluma General Plan
2025, adopted.by the City on May 19, 2008; and
WHEREAS, in evaluating certain potential environmental effects of the Project in the
Initial Study,including but not limited to effects of climate change, water supply; and traffic, the
City relied on the program EIR for the City of Petaluma General Plan 2025, certified on April 7,
2008 (General -Plan EIR) with the adoption of Resolution No. 20,08-058 N.C.S., which is
incorporated herein by reference; and
WH-EREAS, the General Plan EIR identified potentially significant environmental
impacts and .related mitigation measures and the City also adopted a Statement of Overriding
Considerations.for significant impacts that could not be avoided; and
. WHEREAS, the City prepared an Initial Study for the proposed Project consistent with
CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative
Declaration was required in .order to analyze the potential for new or additional 'significant
environmental. impacts of the Proj ect beyond those identified in the General Plan EIR; and
WHEREAS, on or before October 5, 2009, the City's Notice of Intent to Adopt a
Mitigated Negattive.' Declaration based on the Initial Study, providing ..for a 20-day public
comment `period ,commencing October 7, 2009 and ending October 27, 2009 Was published and
mailed. to all residents and "property owners within 500 feet of the Project; and
WHEREAS. on or before December 10, 2009, a Notice- of Public Hearing to be held on
December 22, 2009 before the City of Petaluma Planning Commission, was published and
mailed'to all residents and property owners within 500 feet of the Project; and
-WHEREAS, at its December 22, 2009 hearing the Planning Commission officially acted
to continue the project to January 12, 2010, as had been previously noted by the December 22,
2009 Planning Commission agenda; and
0
WHEREAS, a staff report dated January 12, 2010 and incorporated herein by reference,
described and analyzed the Project and the Mitigated Negative Declaration, including its
supporting technical studies and reports; and
WHEREAS, the Project makes no substantial or incrementally considerable contribution
to °the significant and unavoidable cumulative traffic and/or .noise impacts identified in the
General Plan 2025 'EIR because of its small size; and
WHEREAS, as to the incremental contribution of the Project to cumulative climate
change, the Initial Study and Mitigated Negative Declaration analyzed additional information
regarding the Project and determined that Project is consistent with -all current State measures
°and General Plan 2025 policies regarding greenhouse gas reduction," but also that after careful
investigation, because of the difficulty of determining individual contributions to climate change
from projects as small as three new=developable single-family residential lots, the Project's direct
and/or 'incremental contribution to cumulative 'climate change is too speculative to determine;
and
WHEREAS, relating to potential impacts on air quality from General Plan .build=out
population exceeding the Bay Area 2005.Ozone Strategy population estimates, the Project adds
only three potential new residential dwellings of the General Plan, 2025 build -out estimates of 6005
additional units. The General Plan projected population exceeds the 2003 population figures on
which the 2005 Ozone Strategy is based by 6500 persons.. Three houses would be assumed ,to add
8.1 persons, based on a ratio of 2.7 persons per household. Therefore, the Project's direct 'impact is
too small to be considered significant and its contribution to, the cumulative air quality impact, from
exceeding the Bay Area 2005 Ozone Strategy population estimates is not considered cumulatively_
considerable; and
WHEREAS, there is no substantial evidence in light of the whole record before the City
that the proposed Project as mitigated will have a significant effect on the environment; and
WHEREAS, the Planning Commission held a public hearing on January 12, 2010,
during which the Commission considered the Project, and the Mitigated Negative Declaration and
received and. considered all written and oral public comments on environmental effects of the
.Proi ect which were submitted up to and at the time of the public hearing, and
WHEREAS, on January 12,. 2010, the Planning Commission completed its review of the
Project- and the Mitigated Negative Declaration, and a Mitigation Monitoring Report Program.
and recommended adoption of the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program and recommended adoption of the Mitigated Negative
Declaration; and
. WHEREAS, on May 17, 2010 the Petaluma City Council reviewed the Mitigated
Negative Declaration, ' all supporting documents including but not limited, to the .Initial Study, the
recommendation o'f the _Planning Commission; staff reports and related materials, public
comments and all evidence presented at or before a noticed public hearing on January 12, 2010
at which time all interested parties had the opportunity to be heard; and
7
WHEREAS; 'the Initial Study and Mitigated Negative Declaration identify mitigation
measures applicable to the Project, as incorporated herein by reference; and'
WHEREAS, the Project is not located on a. site listed on. any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 ofthe California Government Code; and
WHEREAS, the Mitigated Negative Declaration reflects. the City's independent
judgment and analysis on .the potential for environmentalimpacts, from the Project., The
Mitigated Negative Declaration' and related project and environmental documents, including the
prior General Plan EIR `and all .of the documents incorporated herein by reference, are available
for review in the City Planning; Division at Petaluma City Hall,, during normal business hours.
The custodian of the documents: and other materials which constitute the record of proceedings
for the proposed project, File No. 09-TPM-0134; is the ' City of Petaluma Planning Division, I I
English St: Petaluma, CA 94952, attri: Irene Borba.
NOW,,, THEREFORE, BE IT RESOLVED THAT:
1. The foregoing recitals are true and correct and made a part of this resolution.
2. The City Council finds that the Mitigated Negative Declaration, including the
Initial' Study dated October 7, 2009, its supporting studies and documents, and ,all information
referred to and/or incorporated herein provides an adequate description of the impacts of the
Project in compliance with CEQA, the State CEQA Guidelines, and the City of Petaluma
Environmental Guidelines, and adopts the ,Mitigated Negative Declaration. There is no
substantial evidence in light of the whole record before the City that the proposed Project as
mitigated will have a significant effect on the environment.
3. The City Council. adopts the Mitigation and Monitoring and Reporting Program 'set
forth in Exhibit A hereto and incorporated herein by :reference. All mitigation measures
contained therein shall be conditions of approval of the Project.
PASSED AND.AbOPTED this
AYES::
NOES:
ABSENT:
ABSTAIN:
ATTEST:
day of 2010 by the-followingwote:
Mayor, City Council
City Clerk`
Exhibit A
City of Petaluma, , California
Commuriity. Development Department
Planning Division'
11 English Sti et. Petaluma, CA 94952
Project Name: gunny D Project
File Number: 09-TPM-0134-'CR
Address/Location: 216 Suh6yM6O0,Av6nue,and belhind. 1,311 .0 Street
Reporting/Monitoring Record - Mitigation Measures
This document has been developed pursuant to the.California, Environmental Quality Act, Public Resource Code Section 21.081.6 to
ensure proper and adequate monitoring or .reporting in, conjunction with project(s)',approval which relies upon a Mitigated Negative
Dedlaration',or an Environmental Impact Report.
Air Quality: Mitigation Measures
BD/ BP AQ-1: New houses at lots 14 -shall. achieve at least 50 GreenPoints under the
PD current cycle's residential' Build It! Green' progra m. Prior to building permit
issuance, the'GreenPbints Checklist shall be submitted and the building permit
plans -shall'depict/n.ote�the�-ket6vant,'m-easures.
;BD/ CO
PD
Prior to building permit finaL, each.house on lots 1-4 shall be GreenPoint Rated.
Biology:' Mitigation Measures
PD BP Bio-l- Prior, to improvement-plan/b,ulfding.,permit approval:
At oak, 19, the storm drain shall 'be relocated entirely outside of the
canopy dripline.
At oak N, the location of -the 'proposed driveway and any underground
intrusion such as sewer and water laterals shall be relocated entirely
outside of the canopy dripline.
Department Requested Bv, or Due Date Page 1
PD Planning Division FM Final Map.
FM Fire Marshal BP Building Permit
ENG Engineering Division CO Certificate of Occupancy
BD Building Division SPAR Site Plan and Architectural Review
LTM Long -Term Monitoring
Sunny. ® 216 Zunnysl®pe Avenue.& behind 131 T D Street
City of Petaluma, California
Reporting/Monitoring Record - Mitigation, Measures for Approval
ry
ry^g111�ISH6D� ��OS741 F,
IMPLEMENTATION:
ENG/ BP 1. The, applicant shall be required to obtain all required permits from responsible
PD agencies and.,provide.proof of compliance to the City prior to issuance of grading
permits or approvals of improvements plans.
ENG/ BP 2. The applicant shall incorporate all applicable code provisions and required
PD mitigation measures and conditions into the design and improvements plans and
specifications for the,project.
ENG/ BP 3. The applicant shall ,notify all employees, contractors, and agents involved in the
PD project implementation of mitigation measures and conditions applicable to the
project and . shall ensure. compliance with such measures and conditions.
Applicant°shall notify all assigns and transfers of the same.
ENG/ BP 4.. The applicant shall provide for the cost of monitoring of any condition or
PD mitigation -:measure that involves on=going operations on the site or long-range
improvements, such as archaeological resources, etc.
MONITORING:
ENG/ FM 1. The Building Division, Planning Division, Engineering Section and Fire
PD/ BP Departments shall review the improvement and .construction plans for
FM conformance with the approved project description and all applicable codes, .
conditions, mitigation measures, and permit requirements prior to approval of a
site design review, improvement plans, grading plans, or building permits.
ENG/ BP 2. The Planning Division shall ensure that the applicant has obtained applicable
PD required permits from all responsible agencies and that the plans and
specifications conform to the permit requirements prior to the issuance of grading
or building permits.
ENG% CO 3. Prior to acceptance of improvements or issuance of a Certificate of Occupancy, all
PD improvements shall be subject to inspection ,by City staff for compliance with the
project description, permit conditions, and approved development or improvement
plans.
Department
PD PlanningDivision
FM, Fire Marshal
ENG 'Engineering
BW . Building Division
Requested By or Due Date
FM Final Map
BP Building Permit
CO Certificate of Occupancy
SPARC Site Plan and Architectural Review Committee
LTM Long-Te'rm Monitoring
,Page 2'
Sunny ® - 216 .Suonyslope Avenue &. behind 1311 D Street
City of Petaluma, California
Reporting/Monitoring Record - Mitigation Measures for Approval
CONSTRUCTION MEASURES!
ENG/ BP 1. The applicant shall designate a project manager with authority to implement all"
PD mitigation measures and conditions of"approval -and provide name, address, and
phone -numbers to;the. City, prior to issuance of -any grading,permits and signed by
the contractor -responsible for construction.
PD BP 2. Mitigation measures required during construction shall be listed as conditions on,
the building or grading permits and signed by the contractor responsible for
construction.
ENG/ CO 3. City inspectors shall insure_ that .construction activities occur with the approved
PD plans and conditions of approval..
ENG/ BP 4. If deemed appropriate by the City, the applicant shall arrange :a_'pre-construction
PD conference with the construction -.contractor, City staff and respqnsiblel agencies to , .
review the "mitigation measures and conditions of approval" prior to "the.,issuance of
grading -.and building permits'.
Department
PD Planning,Division
FM Fire Marshal
ENG Engineering
BD Building Division
S:\Planning\CEQA Docs (all)\Mifigation Monitoring\870 Wood Sorrel -The Birches.doc
Requested' By or'Due Date
FM .Final Map,
BP Building Perm_ it.
CO Certificate of Occupancy
SPARC Site Plan and:Architectural Review Committee
LTM .Long -Term Monitoring
Page 4
Sunpr D - 216 Sunnyslope Avenue,.& behind 1311 D Street City of Petaluma, California
Reporting/Monitoring Record - Mitigation Measures for Approval
CONSTRUCTIONMEASURES,
ENG/ BP 1. The applicant shall designate: project manager with .authority to implement all
PD mitigation measures and conditions ;of approval and provide name, address, and
phone numbers to the City prior to issuance of any grading permits;and signed by
the contractor responsible for construction.
PD BP 2. Mitigation measures required during. construction shall be listed as conditions on
'the building or grading permits and signed by the contractor responsible for
construction.
ENG/ CO 3. City, inspectors shall insure that construction activities occur with the approved
PD plans and -conditions of Approval..
ENG/ BP 4. If deemed appropriate by the City, the applicant shall arrange a pre -construction
PD conference with the: construction contractor, City staff and responsible agencies to
review the mitigation measures andconditions of approval prior to the issuance of
grading and building permits.
Department
PD Planning Division
FM Fire Marshal
ENG Engineering
BDBuilding Division
S:\Planning\CEQA Docs (all)\Mitigation Monitoring\870 Wood Sorrel -The Birches.doc
e
Reauested;Bv or Due Date Page3
FM Final Map
BP Building Permit
CO Certificate of Occupancy
'SPARC Site Plan and Architectural Review Committee
LTM Long -Term Monitoring /C;l
j
ATTACHMENT 2
A RESOLUTION OF THE CI.TY COUNCIL THE CITY OF PETALUMA APPROVING A
MODIFICATION TO THE SUNNYSLOPE PLANNED UNIT DISTRICT DEVELOPMENT
STANDARDS RELATING TO THE SUNNY D PROJECT
AT 216 SUNNYSLOPE AVENUE AND BEHIND 1311 D STREET,
APNS 019-13.0-011 AND 019-130-049
City File Number: 09-TPM-0134-CR
WHEREAS, Steven J. Lafranchi submitted an application to the City of Petaluma to
modify the Sunnyslope Planned Unit District (PUD) Development Standards for the 1.64 acre
property located at 216 . Sunnyslope .Avenue and. behind 1311 D- Street, APNs 019-130-011 and
019-130-049 (the "Project"), as well as to divide the subject area;
WHEREAS, the City's Planning Commission held -a duly noticed public hearing to
consider the proposed PUD modification on January 12, 2010 and recommended by resolution
approval of the modification to the Sunnyslope PUD Development Standards; and
WHEREAS, on May 17, ,2010, the City Council held_ a duly noticed public hearing to .
consider the modification to the 'Sunnyslope PUD Development Standards and the tentative
parcel map for the project; and
NOW, THEREFORE, BE IT RESOLVED THAT:
The Petaluma City Council .hereby approves the Sunnyslope Planned Unit District (PUD)
Development Standards applicable to the Project as modified in Exhibit A hereto and
incorporated herein by reference, and as further modified by the parking requirements contained
in Exhibit A hereto, and incorporated herein by reference, based on the following findings:
A. The amendment is proposed for property which.has a suitable relationship to D Street and
Sunnyslope Avenue, and those thoroughfares are 'adequate to carry any additional traffic
generated by the development.
B. The Project, subject to ' the modified Development Standards, presents. a- unified and
organized arrangement of buildings and service facilities which are appropriate in
relation to adjacent or nearby properties, and adequate landscaping and/or screening is
included to.insure compatibility.
C. The natural and scenic qualities of the site, namely the trees, are protected and the
setback requirements of the Development Standards will ensure adequate private spaces.
D. Development of the subject property will not be detrimental to the public welfare, will be
in the best interests of the City, and will be in keeping with the general intent and spirit of
the zoning regulation of the City of Petaluma, with the Petaluma General Plan, and with
applicable plans.
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1: • The proposed modification of PUD Development Standards serves the public
necessity, convenience, and general welfare because it will allow for infill
development consistent with the Petaluma General Plan 2025.
2. The proposed amendment is in general. conformity with the Petaluma General _Plan
'2025 because the proposed five total lots on 1.47 net acres (excluding the shared
driveway area) represents a density of 3.4 units to the net acre, within the allowable
Low Density Residential density range of.2.6 to 8.0 units to the net acre.
Exhibit A
Modification to Development Standards
1. The PUD Development Standards applicable to the Project set forth in Exhibit A hereto are
modified so that the parking section reads, "see Chapter 11, except that a total of five on -
site spaces is required for Parcels 1 though 4".
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EXHIBIT A
Exhibit A
PUD Development Standards for Sunny D- at & behind 216 Sunnyslope Ave and behind 1311 D
Street, AM 019-130- and 019-130-049
The PUD Development Standards applicable to the Project set forth in Exhibit A hereto are modified so that
the parking section reads, "see Chapter 11, except that a total of five on -site spaces is required for Parcels 1
though 4"• TABLE4,8 - R2 ,ZONE DEVELOPMENT STANDARDS
Requirement by Zone
DevelopmentYeature -R2
Residential.2
Lot size I Minimum. area and width required for each lot in a new, subdivision
Minimum area 6,000 sf-- I -
Minimum width
Interior lot 50 R
Comer lot 55 ft - -
Minimum.depth I 70 ft I . -
Minimum setbacks required See Chapter 12 for modificotions, reductions, and
Setbacks I encroachments. See Chapter 7 for any setback requirements applicable to a specific
Primary structure land.use.
Front I 20 ft
Side - Interior (each) I 5 ft
Side - Street side
Comer Lot ] 0 ft
Reverse Comer Lot 15 ft
Rear 20 ft
Garage front 20 ft
Detached Accessory
Structure
Front
Not Permitted l
Side - Interior (each)
4 ft
Side - Street
I IO R I
Rear
I 5 ft
The percent of the total site area covered by structures, open or enclosed, excluding
I
Site coverage
uncovered'steos, patios and terraces.
Maximum coverage
I
Primary structure
NA
Accessory structure,
10% of the required.setback area or 500 sf,
detached.
whichever is greater
Heighfllimit
Mmcimum anowable'heighPof structures: See Glossary,(Chapter 27) for height
Maximum;heikht
I measurement requirements, and Chanter 11 for height limit modifications.
Principal Building
I 25 ft
I
Accessory Structure
15 ft
Accessory Dwelling
21 ft
I
Usable Open Space
NA
Fencingi Landscaping; &
Tree Preservation I _ See Chapters 13, 14, and 17
Parking I See Chapter 11
Signs I See Chapter 20
1. if slope of the parcel is 10% or greater, the minimum parcel size is determined by Section 16.070(C).
Ordinance No. 2300 N.C.S.
Sunny D 09-TPM-0134-CR Page 17
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ATTACHMENT 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF PETALUMA APPROVING A
TENTATIVE PARCEL MAP FOR THE LANDS OF SUNNY D
AT 216 SUNNYSLOPE, AVENUE AND BEHIND 1311 D STREET,
APNS 019-130-011 AND 01'9430-049
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 1.64 acre subject property located at 216 Sunnyslope
Avenue and behind 1311 D Street, being APNs 019-130-011 and 019-130-049, into four lots and
a remainder parcel, as follows:
Proposed Gross Area
Net Area Development
Parcel 1 0.33 acres (14,501 SF)
0.18 acres (8,052, SF) Vacant
Parcel 2 0.26 acres (11,424 SF)
0.24 acres (10,504 SF) Vacant
Parcel.3 0.21 acres (8,937 SF)
0.20 acres (8,888 SF) Vacant
Parcel 4 0.22 acres (9,692 SF)
Same Vacant
Remainder 0.62 acres (27,018 SF)
Same Existing House
WHEREAS, the City's Planning Commission held a duly noticed public hearing on
January 12, 2010, to consider the proposed PUD modification and recommended approval of the
proposed Tentative Parcel Map with conditions; and
WHEREAS, on May 17, 2010., the City Council held .a duly noticed public hearing to
consider the modification to the Sunnyslope PUD Development Standards and the tentative
parcel map for the project; and
WHEREAS on May .17, 2010, the Petaluma City Council adopted a Mitigated Negative
Declaration and, Mitigation Monitoring and Reporting Program for the Project in compliance
with CEQA,. the State CEQA Guidelines, and the City of Petaluma_ Environmental Guidelines;
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 proposedsubdivision, 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 Resolution No. 2010- N.C.S.; and
WHEREAS, the proposed subdivision, together with provisions for its. design and
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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
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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.
NOW; TItEREFORE, BE IT RESOLVED that the Petaluma City Council approves
the Tentative Parcel Map, 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:
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Exhibit -A
Sunny D
at 216 Sunnyslope Avenue and behind 1311 D Street,
APNs 019-130-011 and.019-130-049
City File Number: 09-TP.M-0134-CR
From Planning Division:
1. 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.
2. Within two days of approval by the City Council, the applicant shall pay the Notice of
Determination fee and State Department of Fish and Game fee to the project Planner, by
means of check(s) made payable to the Sonoma County Clerk (as of May 2009 the Notice
of Determination filing fee is $50; as of January, 2010, the Fish and Game fee is
$2,010.25; applicant shall contact the County Clerk at (707) 944-5500 to confirm
amounts prior to submitting checks). Planning staff will file the Notice of Determination
with the County Clerk's office within five (5) days of receiving Council approval,
provided required. fees have been timely paid by the applicant. All mitigation measures
approved as part of the Mitigated Negative Declaration for the Project shall be
implemented as conditions of approval.
3. 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 impervious 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 arborisi 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
impervious 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.
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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
maintained and no construction or impervious surface is permitted within its drip line."
No parking shall be allowed in the drip -line of oak and native trees.
4. 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 & mulch) from a certified arborists. All work shall be performed by a certified
arborist:
Regarding Oaks identified as 19, 23, 29, 30, & 31, 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 portiori-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 f 8. See section 17.060F 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 :& 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 17.060F for further details.
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6. Prior to issuance of any gradin'g 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 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 17.060F for further details.
f. Regarding oak 29, remove ivy from the trunk.
7. 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 17.060F 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% or higher
heating/fumaces) and low NOx water heaters (40 or less) in compliance with policy
4-P-15D (reducing emissions in residential units) and
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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. Plans submitted for building permit shall note that front lawns shall be prohibited..
11. Plans submitted for building permit shall include that all proposed residences shall be
pre plumbed for solar.
12. Construction, activity on improvements 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 Project's proximity to residential uses.
II 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.
14. 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. ,
15. . Future development will be subject to all applicable development impact and other fees.
16; Public utility access and easement locations and widths shall be subject to the approval of
PG&E,, Pacific Bell, the Sonoma County Water Agency, lall other applicable utility and
service companies, as well as the City Engineer, and shall be shown on the Parcel Map.
17. The conditions of approval from the Foley Parcel Map for 1311 D Street (File No. 05-
TPMV 0210-CR) shall.remain in effect and be enforced.
18. The applicant shall defend, indemnify and hold harmless the City and its officials,
boards, commissions, agents, officers and employees("Indetnnitees") from any claim,
action or proceeding against Indeinnitees to attack, set aside, void or annul any of the
approvals ofthe 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
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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 (Euineerinjz):
Prior to final parcel map submittal, the following conditions shall be addressed, unless otherwise
noted:
19. 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.
20. 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.
21. Fossil filters, or approved equivalent, shall be installed ' in all drop inlets with the
proposed driveway.
22. New domestic water services shall be a minimum of 1.5-inches in diameter with a 1-inch
meter.
23. . Overhead utilities to the existing structures and future structures shall be placed
underground.
24. No lot to lot surface drainage is permitted unless an appropriate easement is established.
25. A maintenance declaration and reciprocal easements among Parcels 1 through 4 shall be
provided for the proposed driveway and private utilities. The declaration shall provide a
financial .mechanism and responsible parties sufficient: to ensure perpetual 'maintenance;
repair and upgrading of all shared facilities, in a form satisfactory to the City Engineer.
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, and a provision. requiring correction of any inadequacies identified in the
annual evaluation to the satisfaction of the City Engineer. Evaluation results shall be
provided yearly to the City of Petaluma, Planning Department. The declaration shall be
recorded concurrently with the final parcel map.
26. 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.
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27. 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.
28. 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.
29. 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.
30. 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.
31. A scanned copy of the recorded final parcel map shall be submitted in a format
compatible with the City Graphic Information Systems. (GIS).
32. 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:
33. 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.
34. The private driveway shall be designed to allow for sufficient space for access and
turnaround by emergency vehicles. An emergency vehicle access easement over the
private driveway shall be granted to the City of Petaluma.
35. No parking shallbe 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.
36. One fire hydrant shall to be located along the private road, subject to approval by the Fire
Marshal's office.
37. 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
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17.20.040 of the Petaluma Municipal Code and Petaluma's Fire Hazard Severity Zone
Construction standard.
1424085.1
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