HomeMy WebLinkAboutAgenda Bill 4CPart1 05/17/2010 ~~'LU~
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DATE: 1VIay 17, 2010 .
TQ: Honorable Mayor and Members of the City Council through, City Manager '
FROM: Geoff Bradley, Planning Manager
SUBJECT: Public Hearing for the Sunny D Project located at 216 Sunnyslope Avenue and
1.311 D Street, APN 01.9-130-011 and 019-130-049
,
RECOIVIMENI)A'>cION:
It is recommended that the-City Council take the following actions:
L 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-
139-01.1. and.019-130-049 City Fi'Ie Number: 09-TPM-0134-CR (Attachment 1).
2. .Ad"opt th`e 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-CR,(Attachmenf 2).
3. Adopt the attached Resolution .Approving a Tentative Parcel Map for the Lands of Sunny
D at 216 Sunnyslope Avenue and behind 1311 ID Street, APNS 019-130-011 and 019-
130=049 City File Number: 09-TPM-0134-CR (Attachment 3).
BACKG'IZOLTNI):
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 12th 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 anapproved LTriit Development Plan shall be made only by Resolution of the City Council
after receipt of axeconunendafon from the Planning Commission". Because Section 19.040.E.4,
allows fo`r~ 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 riot 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.
. DISCUSSI®N:
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
unani"mously 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. ll~lodify 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, #2I and #25. The applicant has agreed to upsize the detention to accommodate a
100-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. # 1 b is added to address this item.
2
S. The residences shall be pre plumbed for solar facilities.
Condition #11 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% eff ciency 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
Subdivison.lVlap.A~t, 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' re"strict '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.
Mutuallyused private driveways shall be made part ofan overall maintenance agreement.
The Commission also discussed the need fore 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 riot 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 neghboring°property owner (Neuwboer) 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 fiirtfier information please refer to the Planning. Commission staff report of. January 12, 20..1.0
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 IMPACTS: '
The Project is subject to cost based fee recovery. The applicant has paid $2'1,665'.00 in
development review application fees.
. A`I'TACIIIVIENTS
1. Resolution of the Petaluma City Council City Council Adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the Sunny D PLTD
Modification and Tentative Parcel Map
Exhibit A-Sunny D Mitigation Monitoring and Reporting Program.
4
2. Resolution of the City Council of Petaluma Approving a 1Vlodification 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 he Lands of Sunny D
Exhibit A - Condi"tions of Approval
4. Planing Commission Staff Report of January 12, 201 O and Associated Attachments:
Initial,Study and Associated Studies:
® Soils Statement prepared by Steven J. LaFranchi &.Associates, Inc.
® Preliminary Drainage Analysis prepared by Steven J. LaFranehi & Associates,
Inc. dated Apr716, 2009.
® Tree Preservation and Mitigation Report, prepared by John C. Meserve dated
• Judy 27, 2009 r
® Staff memorandum. providing an update to the water supply information in the '
Initial Study,, dated January 12, ,20.10 •
® 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
® IZQ Tablet-land Section 4.020
Correspondence:
® Joseph Grubaugh aril `Sigrun Seifert, 307 Sunnyslope Avenue, dated October
26, 2009
Dennis' Elias; 222 12th Street, dated October 2'2, 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
5
. ATTACI~IVIEN'I' 1
..RESOLUTION OF THE CYTY OF'PETALUM-A CITY COUNCIL ADOPTING A MI'Y'IGATED
NEGATIVE' DECLARATION. AND MITIGATION 1VIONITORING AND REPO1tTING
`PRO.GRA1VhFOR T)EIE ~SUNNY'D PUD 1VIODIFICATION:AND'TENTATIVE PARCEL'MAP
LOCATED AT 216 SUNNYSLOPE AVENUE ANDBEHINI) 131.1 D STREET,
APNS 019-130-0i1AND OT9=130''-049
City File Number: 09-TPM=0134'-C12
WHEREAS, Steven. J. Lafranch submitted applications (09-TP.M-0134-CR) to the City
of Petaluma regarding the property located at 216 $unnyslope Avenue and behind 1311 D 'Street,
` APNS .019-130-0:11 and 019-13'0-049 :fora .PUD Modification and Tentative Parcel Map ("the
Project" or the "proposed Project"); and
' WHEREAS, tfie 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 ~cerfain potential environmental effects of the Project in the
' Initial Study,. including but-riot 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. 2'0,08-058: N.C.S., which is
' incorporated herein by reference; and `
. WI~EREAS; the General Plan EIR identified potentially significant environrrienfal
impacts :and related mitigation measures and the City also adopted a Statement of Overriding `
Consi'de"rations :for significant impacts that could not be avoided; and
' W>FIEREAS; the City prepared an Initial Study'for'the proposed Project consistent with
CEQA Guidelines sections 15162 and 1..5163 and determined. that a Mitigated Negative
'Declaration was required in .order to analyze the potential for new or additional significant
environmental:mpacts of the Project beyond those identified in the General Plan EIR'and
~VI~EREAS; on or before October 5, 2009, the City's Notice of Intent. to Adopt: a ~ -
Mitigated: Negative: peclarafion based on the Initial Study, provi"ding ,fora 20-day public
comment period c`orrimencing October 7, 2009 and endiig October. 27, 2009.was published and
' mailed to all residents an"d :property owners within 500 feet ofthe-Project; and ~ ~ '
WI~EREAS,: on or before December 10, 200.9, aNotice- 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
.
W>FI,EREAS, 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 Coirimis"sion agenda; and
6
WHEREAS; 'the: Initial Study and Mitigated Negative Declaration identify mitigation
:measures applicable to the Project, as incorporated herein by reference;- ;and'
WHE'R>EAS, the Project is not .located. on a. site .listed.. on any Hazardous Waste Site List
compiled by the State pursuant to Sectgn 65962'.5 of the California Government Code;, and
W>FIEREAS, the Mitigated Negative Declaration .reflects. the City's independent
judgment -arid analysis on .the po"tental for environmental impacts, from the Project.., The
Mitigated Negative Declaration and related project and environmental documents; including he
prior General Plan. EIR and all .of `the doeurrierits 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-01.34, is the City of Petaluma Planning Division, 11
Eigli's1i St: Petaluma, CA 94952, attn° Irene, Borba.
NOW, T>FIERE~FORE, BE IT RESOLVED TI-IAA':
1. Thee foregoing recitals are true and correct and'made a part of this resolution.
2: The City Council finds that the 1Vlitigated .Negative Declaration,. including. the
Initial Study dated ~Octolie"r 7, 2009, its. supporting studies and documents, and all information
referred' o and/or incorporated herein provides an adequate description of the impacts of the
Project in compliance with CEQA, the State CEQA Guidelines, acid the City of Petaluma
Enviroriiriental Guidelines,.. and adopts the ,NliYgabed 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. ado"pts the Mitigation sand Monitoring and Reporting Program 'set ~'
forth ri Exhibit A hereto.. and incorporated herein by reference.. All 'mitigation measures
contained therein shall be conditions of approval of the Project:
PASSED AND.AI)OP'I'ED this! day of 201'0 by the~~fohowirigwote
AYES::
~NOESi
ABSEN`I;
ABS~`AIN:
Mayor, City Council
ATTEST:
8
City Clerk`
2•A L-U
a - ~ Cty'of Petaluma, :California.
Community Development: Department
.Planning Division'
~85a 1 I English. Street, Petaluma, CA 94952
project Namee sunny ~ Project
file Number: ®9-'rPIVi-®1.34=CR
~-cDdress~Locaton 2~ 6 Suna~ys9®pe.Avenue ,a~a~ be.iainc-.1311 .D s~ree~
~%~ll~lt A
. Reporting/I~oraitoring Rec®;rd - Mlgtogat'on 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
Declatation~or au Environmental Impact Reporh:
t. _ +'
`~' ~ • ~. '
_ ,~
. Air Qualibr: Mitigation Measures; .
BD/- BP ~ AQ-1: New .houses at lots 1-4 shall`acheve at least 50 GreenPoints under the
PD current cycle's residential Build It' Greeri program. .Prior to building permit
.issuance, :the GreenPoints Checklist. shall be submitted and the building .permit
plans shall°depict/note~the~rel'evant measures.
BD/ CO Prior to building permit final; each.house on lots 1-4 shall be GreenPont Rated.
PD ~ '
Biology:' Mitigation Measures
PD BP B'io-1: Prior to improvement-plan/buildmg.,permit approval:
At oak., 1:9, the: storm, drain shall be relocated entirely outside of the
canopy dripline.
o At oak 3O, the location of "the p"roposed driveway and any underground
intrusion such ,as sewer and water-.laterals shall be .relocated entirely
outside of the canopy driplne.
Department Regue
P.D Planning Division FM
FIvI: Fire Marshal BP
ENG' Engineering Division CO
BD ,Building Division SPAR
LTM
sted:By. or Due Date Page 1
Final Map.
Building Permit
Certificate of Occupancy
Site Plan and Arcfiitectural Review
Long-Term Monitoring
S"~snny. ~'~- 21'6`~Saannyslope Avenue .~ beh6nd '0 31`1 D Stree4 ~ City of Petaluma California
Reporting/Monitoring Record - Mifigatiom Measure§ for.Approval.
. , _ :,
IMPLEMENTATION:
BNG7 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 orappro~als of. improvements plans.
ENG/ BP 2. The a leant. shall incorporate all. applicable code provisions and required
Pl?
PD mitigation measures and conditions :into the design and improvements plans and
specifications for tlie~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 acid 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.
1VIONITORING:
ENG/ F_Nl 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, improvementplans,,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:requrements 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 Request
RD ElanningDivision FM
F1Vt : Fire Marshal BP
ENG' ~ 'Engineering- CO
BD'' .Building Division SPARC
LTM
ed By or Due Date Page 2
:Final Map
Building Permit ~ '
Certificate of Occupancy ~ ~~~
Site Plan and Architectural Review Committee //
Long-Te'rm Monitoring
.' 1
funny D - 216 Su~nyslope Avenue. &: behind 1311 ~ Streefi Ci y
Reporting/Monitoring Record -Mitigation fVleasures for Approval
CONSTRUCTION MEASURES:
etaluma, California
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 ofjany grading;,permits and signed by
the contractorxesponsible 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/ GO 3. City inspectors shall insure_'that .construction activities occur with the: appro"ved
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;icontractor; 'Citystaff andresponsble agencies to , .
review the "mitigation measures and conditions of approval" prior to "the:,ssuance of
grading-.and building permits.
S:~Planning\CEQA Docs,(all)Vvlitigation Monitoring\870 Wood Sottel-The Biiches:doc
Department Request
PD Plannirig,Division FM
FM Fire.Marshal BP'
ENG Engineering GO
BD Building Division SPARC
LT1VI
ed' By'or'Due Date Page 4
Final Map '
Building Permit:
Certificate of Occupancy
Site Planand`ArcFiitectural Review Committee
.Long-Term Monitoring
~une~y `D - 2~ 6 Sunnysl®pe Avee~ue,.~ behind 'i311 ®Streel~ City of Petaluma, California
Reporting/IVlonitoring RecoFd -:Mitigation Measures for Approval
"
"\134'+a 4? IiA~M~ltf~J ~'k
CONSTRUCTION MEASURES:
E°NG/ BP 1. The. applicant. shall designate. a •prgject 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.conditons of approval.,
ENG/ BP 4. ' If'deemed appropriate by "the City, the applicant.. shall arrange apre-construction
PD conference with the;constructioii contractor, City staff and responsible agencies°to
review the mitigation measures and •conditions of approval prior to the issuance of
grading and building permits.
S:~Planning\GEQA Docs (all)\lyfitigation Monitoring\870 Wood Sorrel-The Birches:doc'
Departmenf Requested":Bv or Due Date Page;3
PD Planning Division FM Final Map
FM Fire.Marshal BP Building Permit .
ENG Engineering CO Certificate of Occupancy AA
BDBuilding Division SPARC Site Plan and Architectural Review Committee ~`"'I
LTM Long-Term Monitoring .
" ..
AT'I'AC~IIVIEN'I' 2
A RESOI:UTION OF TIIE GLTY COUNCIL THE CITY OF PETAL,UIVIA APPROVING A
1VIODIFICATION~TO THE SUNNYSLOPE PLANNED UNIT DISTRICT DEVELOPMENT
STANDARDS RELATING TO TI3E SiJNNY D PROJECT
AT 216 SUNNYSLOPE` AVENUE ANI) BEHIND -13:11 D STREET,
APNS 0.19-13.0-011 AND Oi9-130-049
City File Numlber: 09-TP1VI-0134-CR
WHEREAS, Steven J. Lafranchi submitted arr 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; 20.1.0 and recommended by resolution
approval of the modification. to the Sunnyslope PUD Development Standards; and
WIFIEREAS, on May 17; ;2Q10, 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; aril
N®W, THEI2IEFORE, BE IT RESOLVED T>FIATi
The Petaluma City Council .hereby approves the Sunnyslope Planned Unit. District (PUD)
Development- S`taiidards 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 Exhbif 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 'ad'equate 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 subj ect 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 regulatign of the City of Petaluma, with the Petaluma General Plan, and with
applicable plans.
12
1: • ~Tlie 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
1Vlodi~cation to I)evelopmenu-Standards
- 1. The PLTD 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".
13
EXHIBIT A
f _ -- - - -
Exhibit A
PLTD Development Standards for Sunny D- at & behind 2.16 Sunnyslope Ave and behind 1311 D
Street, APNs 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". TABLE~4:8 - R2 ,ZONE DEVELOPRAENT STANDARDS -
-- --,
Development=.:Feature ~
.Residential.
Lot size Minimum.orea and width're wired or eachaot in a newsubdivision
Minimum area 6;000 sf'-
Minimum width
Interiorlot
Comer lot
30 ft
55 ft
- -
Minimum.de th 70 ft
Setbacks
Primary structure Minimum selbocks required. See Chapter J2 jor modifrcitions, reductions, and
encroachments: See Chapter 7 for any setback requirements applicable to a specific
lond,use.
Front 20. ft
Side -Interior (each) 5 $
Side.- Street side
Comer Lot
Reverse Comer Lot
] 0 ft
15 fl
Rear 20 ft
Garage front 20 ft
Detached Accessory
Structure
Front Not Permitted
Side- Interior (each) 4 ft
Side -Street 10'8
Rear S ft
Site coverage The percent'of the totol siterarea covered by structures, open or enclossed, excluding
uncovered ste s, ar'ios and'terraces.
Maximum coverage
Primary structure
NA
Accessory structure;
detached. ] 0% of the required~setback• area or 500 sf,
whichevb is. eater
_
Heighflimif
Iviaximum-height Mmcimum dllawable height~of structures: See Glossary (Chapter.l7) for height
meosureinentre uirements; and Ch ter 11 or hei ht limit inodi cations.
Principal Buildirfg 25 ft
Accessory Structure: 15 ft
Aecesso . Dwellin 2 ] ft
Usable Upen?$pace ~ NA '
Fencing, Landscaping;
Tree Preservation
See Cha ters,l3; 14, and 1?
Parking See Cha ter 11
Signs See Cha ter 20
l . If slope of the parcel is t u io or grearer, me minimum parcc~ s~~c ~s uc~w,~i„«~ ~y uc..uvn . v.v r..~..~.
Ordinance No. 2300 N.C.S.
Sunny D 09-TPM-0134-CR Page 17
J
A'I'TA:CHIVIEN'I' 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF PETALUlVIA APPROVING A
TENTATIVE PARCEL MAP'FORT~IE LANDS OF SUNNY D
.._
AT 216 SUNNYSLQPE..AVENUE AND BEHIND 1311 D STREET,
APNS 019-130-011. AND 019-1`30-049
City File Number: '09-'I'PM-0134-CIt
WHEREAS,. Steven J. Lafranchi submitted an application to the. City of Petaluma to
'divi'de the two parcels that ,comprise the 1.64 acre subject property located at 21.6. Sunnyslope
Avenue and b~eliiid 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 (14,5`0`1 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;0`18 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
WIFIEREAS, on May 1 Z, 2010, the City Council held .a duly noticed publo hearing to
consider 'the modification to fihe Sunnyslope PiJD Development Standards and the tentative
parcel map for'the project; and
WI3EItEAS 'on May 17 2'010, the. Petaluma City Council.. adopted a Mitigated .Negative
Declaration arid. 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 1Vlunicipal. Code (Subdivision Ordinance)
and the: `S"fate Subdivision.Map Act;. and
WHEREAS, the proposed. subdivision, together with .provisions for its design and
improvements, `is conssterif with the City of Petaluma General Plan 2025 (General Plan); and
WHEREAS,, the proposed subdivision is consistent. with .the Planned Unit District
Development Standards fo"r Sunny D, as modified by Resolution No. 2010- N.C.S.; and
WHEREAS; the proposed subdivision, together with provisions for its .design and
improvements,. will not be detrimental to the public health, safety, or welfare in that adequate
facilities exist or will be installed, including roads, driveways, sidewalks, water; sewer, storm
drains, and other infrastructure; and
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' WI-IEI~AS, the proposed subdivision,, together. with provisions for its design and
improvements; is appropriate to the surrounding area acid with the surrounding uses; and
W~-IEREAS, the: site is physically suitable for the den_s_ity and the type of development
proposed:
NOW;. T-~IE'I2EF0>~, 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. forthin Exhibit A hereto:
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Exhibit •A
C®®®7'®®S ®F APPROVAL
Sunny D •
at 216. Sunnyslope Avenue and behind 1311 D Street,
APNs 019-1.30-011 and:019-130-049
Caty File Number: 09-TP•1V1-0134-CIt
From. Planning Division:
l . 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(sj made payable to the Sonoma County Clerk (as of May 2009 the Notice
of Determina"tion 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 1Vltigated 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. certf ed arborist recommends its. removal, it shall be replaced by a 24~-
mch box-sized locally-native tree, subject to staff~review and approval".
b. The '1VI"ap •sliall 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
appro~.ed 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 portori~of the drip-line. Route drainage
swales and underground work outside the drip-line where possible.
e. -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'. 1Vlaintain this •layer o;f 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 offall protected trees: oaks 19, 23,
29, 30, & 31, redwood 22, and bay 17 and 18. See section 17.060E for further details.
5.' Prior fo 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-lne:.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-hne 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 gradi`n'g or` building permit for Parcel 3; submit proof of
com"pletion of the following to the Planning .Division in the form of a letter (pruning) and
photographs {fencing- & mulch) regardingnative oaks 29, '30, and 31 from a certified
arborists: All work shall be performed by a. certified arborists
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 duratiorr of construction.
b. ~ Maintain existing grade within the fenced portion of the drip-line. -Route drainage
swales and underground work outside the drip-line where possible.
c: Place a 4 inch layer of chipped bark.. mulch, over the soil surface within the fenced
drip-line prior .to installing temporary :fencing. Suitable mulch must contain bark
'fines'. Maintain this layer of:mulch throughout construction.
d. Prune to clean and reduce .end weight of the canopy per International Society of
Arboriculture pruning standards.
e. A security deposit shall be posted to cover the value of the. trees specified above.' See
section 17.060E for further details.
£ 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. A11 work shall be performed by a certified arborists
a. Install temporary= protective fencing of 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.nch 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.
et A security .deposit shall be posted. to cover .the value of the trees .specified' above: See ~.
section 17.06OF. for further details.
f. Regarding redwood22 and oak 23, remove ivy from the trunk.
g. Regardingredwood 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
heatng7furnaces) and low NOx water heaters (40 or less) in compliance with policy
4-P-1SD (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 bui"lding 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, arid, local :holidays. This condition is more restrictive than the construction
hou"rs stated in Article 21 (Performance Standards) of the Zoning Ordinance because of
-the Project's proximity to residential uses.
13. .All exterior lighting be directed. down and shielded to prevent .glare and intrusion onto
adjacent properties; and lghts'attached to buildings shall provide a "soft wash" of light
againstthe wall and sha1T generate no direct.glare.
14. If a concentration of artifacts or culturally modified oils 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 immedatel-y 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 lie contacted
to arrange for Native Arnericari participation in determining the disposition of such
remains should they be determined to be Native American. ,
15. Future development will besubject to all appl'icab`le 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; all other applicable utility aril
service companies; as well as the City Engineer, and. shall be shown on the Parcel Map.
17. .The conditions of app"royal from the Foley Parcel Map for 1311 D Street (File No. OS-
TPM=0210-Cx) sliall.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("Indemnitees") from any claim,
action. or proceeding against Indemnitees to attack, set aside, void or annul any of the
approvals of'the project to.. the maximum extent permitted by Government Code section
66477.9:. To the extent permitted by Government. Code: section 66477.9, the applicant's
duty to defend, indemnify and hold harmless in accordance with this condition shall
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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
hall 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 f'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 (En ineerin~):
Priorto 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 b.e .
_ provided for the proposed .driveway and. private utilities.. The declaration shall provide a
f nancial .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 fo the satisfaction of the City Engineer.. Evaluation results shall be
provided yearly to the City of Petaluma', Planning Department. The declaration shall be
recorded concurrentlyvs!ith the final parcel map.
26. A 10-foot wide Public. Utility Easement (PUE) shall be~ dedicated along the frontage of
the property unless waived bythe 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 therecordaton of the parcel map instead. of
submitting a form of security., The irnprovements.;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 shall. be allowed the entire length of the private driveway including the
hammerhead turnaround: The private driveway shall.. be posted with "No Parking .Fire
Lane" signs and "red-curbing w-here appropriate.. Sign. placement shall be coordinated
with the Fire Marshal's Office.
3'6. Qne fire hydrant: shall to be located along the private road, subject to approval by the Fire
1Vlarshal'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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