HomeMy WebLinkAboutAgenda Bill 4CPart2 05/17/2010ATTACHNIEfVT 4
CITY OF PE'TALUMA, CALIFORNIA
STAFF .REP ®1ZT
Community Development Department, Planning Division, Il English Street, Petaluma, CA 94952
(707) 778-4301 Fax (707) 778-4498 E--mail: planning@cipetaluma.ca.us
DATE: January 12, 201'.0 AGENDA ITEM NO. 6
TO: Planning Commission
4e-
FROM: Tiffany Robbe, Senior Planner
REVIEWED BY: Geoff Bradley, Planning Manager
SUBJECT: Request for a ,Planned Unit District Modification and Tentative Parcel
Map for the Sunny D Proposal at 216 Sunnyslope Avenue and behind
131.1 D Street, APNs 019-130-01'1 and 019-130-049
RED®G~iME~d®~~l®E~~
Staff recommends that the Planning Commission.review the proposed project and ensure that the
project is consistent with. the applicable .provisions of the 2025 General Plan and Zoning
Ordinance and review the environmental document/initial study and consider any comments
from the public. Staff recommends that the Commission-take the following action:
Action:
1. Adopt by ..Resolution a Recommendation. to the City Council to Adopt the
Mitigated Negative Declaration (see Attachment A)
2. Adopt by Resolution a Recommendation. to the City Council to Approve the
Planned Unit District Modification and Tentative Parcel Map for the Sunny D
Proposal- at 216 Sunnyslope Avenue. and behind 1311 D Street, APNs 019-130-
. 01 l and 0.19-130=049 (see Attachments B and C)
E~Ei~~JE~~ S9~6~~~9Z
Project: Sunny D
216 Sunnyslope Avenue and behind 1311 D Street
APNs: 019-1-3'0-Ol 1 and 0.1.9-1:3'0-049
Project File No(s): 09-TPIvI-0.134-CR
Project Planner: Tiffany Robbe; Senior Planner
(707) 778-431.8
trobbe @ci.petaluma.ca.us
'Sunny D 09-TPM-0134-CR Page 1.
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Project Applicant: Steven J. Lafranchi & Associates, Inc.
140 Second Street, Suite 312
Petaluma; CA 94952
Property ®wner: Sunny D Development Company
Attn: Greg Asbell
Nearest Cross Street to Project Site: Sunnyslope Avenue and D Street
Property Size: 1.64 acres (1.48 net.acres, excluding shared. driveway)
Site Characteristics: The 1.64-acre project -site is "L" shaped;, located on the south side of
Sunnyslope Avenue, at 216 Sunnysl'ope Avenue, and east of D Street, behind 1311 D Street.
Surrounding uses are residential, T-lie land behind 1311 D Street is Parcel 2 of the Foley Map
approved by the City in 2005 and recorded in October of 2008 as Parcel Map 361. The parcel
has a 7.8 percent slope; this .:mild. slope does not invoke the Zoning Ordinance Hillside
provisions. There are 22 trees within or partially within the undeveloped portion of the site; as
mitigated and conditioned, all native trees will be preserved:. The site is 100 feet .from the bank
of Kelly Creek.
Existing Use: Residential, with one existing house and otherwise vacant
Proposed Use: Residential
Current Zoning: Planned Unit District, Sunnyslope
Proposed Zoning: Plaimed;Unit.District, modifications to the Sunnyslope PUD Development
Standard; Sunny D
Current General Plan Land Use.: Low Density Residential with an allowable density range of
2.6 to 8.0 units to the net acre .
Proposed General Plan Land Use: same
Subsequent Actions:
® City Council. Review for .Adoption of Mitigated Negative Declaration and Approval of the
PUD Development Standards modifications and the Tentative Parcel Map
® Final Parcel Map (administrative)
~~®JI~C'~ ®~SCRil~`~9®R~
APP9tOi/AL 1tEQlDESTED
The applicant has requested the: following approvals:
® Modification to the Development Standards of the Sunnyslope Planned Unit District for the
subject 1.64 acre area and
s A Tentative Pazcel 'Map to divide the 1.64 acres at 216 Sunnyslope Avenue and behind 1311
D Street from two existing- lots into four lots and a remainderpazcel, as follows:
°Sunny~D 09-TPM-0134-CR Page 2
Proposed Gross Area
Parcel 1 0:3'3 acres (14;501 SF)
Parcel 2 0.26 acres (11,424 SF)
Parcel3 0:21 acres (8;937 SF)
Parcel 4 0.22 acres (9,692. SF)
Remainder 0.62 acres (27;018 SF)
Net Area
0.18 acres (8,052 SF)
0.24 acres (L0;504 SF)
0.20 acres (8;888 SF)
Same as Gross
Same as Gross
Development
Vacant
Vacant
Vacant
Vacant
Existing House
The result would be two developable parcels behind the existing.house at 1311 D Street and two
developable parcels behi"nd the existing house at 216 S.unnyslope Avenue. The project would
create three more lots than exist currently. Those parcels with a difference between gross and
net areas contain that portion of the 20-foot wide access driveway which will serve all four
vacant lots; the driveway will connect to b Street where the 1311, D Street driveway is now. The
existing house at 216 Sunnyslope Avenue would maintain its existing access. All native trees
would be protected.
BAC~(GR®IJRI~
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 12~' Street .cited questions .and expressed concern with the proposed
administrative process as well as with drainage and' other items: (see public comment section
below). Discussion with the City Attorney about the language in the Implementing Zoning
Ordinance (IZO) chapter 19 and the administrative process resulted in a decision to have the City
Council be the final approval authority on the PUD modification; upon recommendation from the
Planning Commission.
IZO Section 19.040 E3 states that "modification to an approved Unit Development Plan shall be
made only by resolution of the City Council after receipt ofa recommendation from the Planning
Commission": If is not entirely elear~ that Section 1..9.040 E4, which allows for administrative
Minor Modifications to Approved. Unit :Development- Plans; ap "plies as it allows for modifications
(which are "minor in nature and clearly inconsequential", "as determined by the Director") only
"so .long as no increase in unit yield results". The allowable unit yield for this area increased in
May of 200.8, when the General Plan 2025 was adopted. General Plan policy 1-P-5, which
speaks specifically to the Sunnyslope PUD, includes the very language that "the unit yield
calculation historically used in ~Sunnyslope" is superseded by the densities of the GP. Thus,
while the allowable unit yield will not be increased by thus application, new lots would result
from the approval of the application. .Proceeding under. this interpretation, and because of the
interest of surrounding: property- owners in the project, staff hereby brings the project to Planning
Commission for its recommendation to the. Council.
STAFF AP-A9VSIS
General Plan Consistency:
In 2008., General Plari 2025 was adopted designating the subject area as Low Density Residential
with an allowable density range of 2.6 to 8.0 units to the net acre. During the General Plan
hearings in 2006 and 2007, the Planning Commission and City Council specifically discussed the
.appropriate density for this- sub-area of the Sunnyslope PUD and acted to increase the density
- Sunny D 09-TPM-0134-CR Page 3
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from a previous density range of"0,6 to 2.0 units, to the, acre. The reason cited was that the shape
and lot dimensions of-the apecific 'parcels: lend well to a possible parcel map for small ill
development (see Attachment. F, -Discussion. Paper West :Hills 8b). General .Plan policy 1-P-5
speaking specifieal'ly to the Sunnyslope PUD was drafted and adopted, which specifies "the unit
yield calculation historically used in Sunnyslope" is superseded by the densities of the General
Plan. "
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 density range of 2.6 to 8.0 units to the
net acre. See the Initial Study of environmental review for more on General Plan consistency
generally (Attachment D, pages 3-5).
Zoning District Consistency:
At the same time that the General Plan 2025 was adopted, an Implementing Zoning Ordinance
(IZO) was adopted -which rezoned' .most parcels in. town. The IZO established the zoning district
most consistent with the new General Plan designation for each parcels (see Attachment E, IZO
Table 2-1 and section 4.020). For example, in an area. which had previously been zoned R-
1:20,000, but which the General Plan 2025 redesignated as Low Density Residential (2.6 to 8.0
units to the net acre), with the .adoption. of the IZO that area was redesignated as R2 (which has a
minimum lot size of 6,000 square feet)'. Had the subject area. been previously zoned R-1:20,000
rather than a PUD which generally defaults to R-1:20;000, if would have automatically been.
rezoned to R2 in 2008. However, the City's PUDs remained iri place with the adoption of the IZO.
Thus, while the General. Plan 2025 increased the allowable density, the zoning continues to be
the Sunnyslope Planned Unit District (PUD) with development standards specifying that future
development be generally subject to the R-1:20,000 zoning standards. The applicant is seeking a
PUD modification for these parcels so that the development standards default to the R2 zoning
standard rather than the R-1.:20,000 zoning standard. Modifying; the PUD development standard
to default to the R2 zone is appropriate in that R2 .zone 'is the zoning designation directly
consistent with the General Plan. Low Density Residential- designation (see Attachment E). The
R2 standards require a 6,000 square: foot minimum lot size. When new homes are constructed at
the proposed vacant parcels, they will. be required to "conform to the R2 zoning setback
requirements, which are: 20 feet to "the front property line, five feet to the side property lines, and
20 feet to the rear property line.
Primary" Issues:.
® Storm drainage
The:Preliminary Drainage Report by Steven J. Lafranchi and Associates details that the project
drainage will be collected in swales and routed via drainage inlets acid pipes to the existing
storm drainage system in Sunnyslope Avenue. Storm drainage from the entire site will be
collected and detained in an underground storage pipe. This method is proposed because of
the limited capacity of downstream. storm drain infrastructure; it will result in the post
development runoff (after it is detained within oversized pipes on the site) being released into
the storm drain. system at predevelopment flow rates. ~ The underground detention pipe was
sized to keep 10-year proposed peak flows at or lower than the level for the existing 10-year
storm event. The storm drains will be privately maintained by the individual property
owners.
"-Sunny D 09-TPM-0134-CR Page 4
In addition, the following standards or conditions apply to the project:
® 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: '
• 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.
® The applicant shall pay the City's Storm Drainage Impact Fee. Drainage Impact Fees
shall be calculated at the. time of building permit issuance .and a fair share portion shall be
paid for each residential unit prior to final inspection of issuance of a Certificate of
Occupancy.
® Trees
This site consists of 22 on-site or adjacent trees. Eight of these trees are considered protected
trees pursuant to Zoning Ordinance section 17.040; these are five coast live oaks, two
California bay, and one coast redwood, condition of approval 3 requires deed restrictions to
ensure this protection. Oaks identified as numbers 23, 29; & 31, bays 17 & 18, and redwood
22 can be preserved with the incorporation of the Arborist Report recommendations
(measures such as tree fencing; mulching, ivy removal,. ensuring that the drainage swale not
exceed 8 inches in depth). Conditions of approval4 - 7 have been drafted to ensure this work
occurs.
The Arborist Report recommends that relocation of the storm drain outside of the oak 19
canopy dripline to eliminate a significant impact to the health of that protected tree;
Mitigation Measure Bio-1 requires that this occur and the plans in your packet have already
been modified to show this relocation. Mitigation Measure Bio-1 also .requires that the
driveway and the sewer and water laterals be moved outside the dripline of protected oak tree
30; the plans in your packet have likewise been modified to ..show this relocation. Zoning
Ordinance section 17.060E requires a security deposit. be posted to cover the value of
protected trees during the construction process; see conditions of approval 4 - 7.
Thus, all protected trees will. be preserved, no native trees will be removed, and the project,
as conditioned and mitigated, is .consistent with the. Tree Preservation section of the Zoning
Ordinance.
® Parking
All parcels will comply with the. City :parking standard of one covered- and two uncovered
parking spaces, per residential lot. The proposal includes a Planned Unit District modification:
The .Foley tentative parcel .map .application in 2005 also included a :Planned Unit District
modification (5-TPM-.021.0-CR) which specified that the lot behind 1311 D Street .have an
increased parking. standard of five spaces. For consistency with that previous PUD modification,
staff recommends that this increased standard of five. on-site parking spaces be retained and
applied to at least that area (Parcels 1 and 2) currently affected by the Foley PUD amendment.
Because Parcels 3 and 4 also are not sited directly on a public street, staff has added Exhibit A:
Modification to Development Standards to the .PUD :Development Standards modification
Resolution, which will serve to increase the on-site parking requirement to five spaces for
Parcels 1 through 4, so that guest parking is available. Should the Planning Commission not find
Sunn D `09-TPM-0134-CR Pa e 5
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the need .for this .additional parking where. the ,lots do not front on a public street, the parking
modification could be scaled back to reference only parcels 1 and 2 or removed entirely.
Noise/hours of operation
Construction noises are unavoidable; recommended condition of approval 10 restricts the hours
of construction to 8:00 to 5:30 Monday through. Friday (Interior.-only work may be conducted
on Saturdays from 9:00 a.m. to 5:00 pm. Construction is' prohibited on Sundays and all
federal, state, and local holidays:) 'These hours are more restrictive than the City standard, due
to the residential setting. For additional discussion on noise; refer to Attachment D, Initial
Study.
P9J~LgC COM~9ENTS
On or before October 5, 2009 a.Notice of Administration Action and Intent to Adopt a Mitigated
Negative Declaration. was published in the Argus Courier and mailed to all property owners and
occupants within S00 .feet of the subject property. Staff received correspondences from the
following two families/individuals '(see Attachment H):
1. Joseph Grubaugh and Sigrun Seifert, 307 Sunnyslope. Avenue, dated October 26, 2009,
citing the existing storm drainage problems at Kelly Creek in this area and asking that
drainage from any future development be piped to another drainage system that the Water
Resource and Conservation Department is seeking to fund and construct to alleviate the
existing. runoff condition.
The application included a study of storm drainage. The project proposes to design and
construct a private on-site underground detention system so that post development runoff
to Kelly Creek and the existing downstream public storm .drain system .has no greater
impact than the existing condition, This preliminary design has been reviewed by the
City Engineer and is incorporated as condition of .approval 17. While it is not possible
for the City to ask the applicant.to remedy an existing condition, the City's Water
Department is pursuing a fix:
2. Dennis- Elias, 222 12~' Street, dated October 22,, 2009 .and Addendum letter dated October
27, 2009;
® Contending that "the .administrative review of the PUD modif cation is inappropriate,
The City Council will now hear the project after receiving a recommendation from
the Planning Commission. , .
® Questioning. the acreage of the existing and ,proposed parcels,
Acreages for existing and proposed parcels are correct as identified on the plans.
® Requesting that drainage and. trees be studied,
Drainage: and arborist studies were provided and utilized in the Initial Study
preparation (see Attachment D).
m Requesting that storm water from development projects such as Victoria be directed
into a new drainage system. that is independent of Kelly or other creeks running
through private property, and
The project proposes to design and construct a private on-site underground detention
system so that post development runoff to .Kelly Creek and the existing downstream
public storm; drain system has no greater impact ,than the existing condition. This
preliminary design has been reviewed by the City Engineer and is incorporated as
condition of approval 17. It is not possible for the City to ask the applicant to remedy
the existing Kelly Creek condition; the. City's Water Department is pursuing a fix.
Sunny D 09-TPM-0134-CR Page 6
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m Expressing concern .that 'the remainder parcel is being used to avoid a larger .public.
review.
The proposed use of a remainder parcel is consistent with provisions of the
Subdivision -Map Act. .Should, at some point in the future, the remainder parcel be
proposed for further subdivision, the City will .look to the Subdivision Map Act which
specifies the appropriate process;. depending upon when a request is submitted and
the specifics of the application. Furthermore, as an Initial Study and Mitigated
Negative Declaration were prepared for this Tentative Parcel Map and as the project
will be .heard by the Planning Commission and City Council, this Tentative Parcel
Map application (4 lots plus a remainder) is in fact following the typical process for a
Tentative Subdivision Map (S or more lots).
On or before December 10, 2009 a Notice of Public Hearing and Intent to Adopt a Mitigated
Negative Declaration was published in the Argus Courier and mailed to all property owners and
occupants within 500 feet of the subject property. As of the writing of this report, staff has
received no new correspondence..
I2EC®MI~IEPB®A7'1Old
Staff recommends approval of the project as conditioned. .The PUD Development Standards
modification to the. R2 zone is the appropriate development standard as it is the one consistent
with the General Plan designation which. was established via site specific review in 2006 and
2007. The storm drain system.has been studied and'desgned ao that there is no increased impact
to Kelly Creek over the ..existing condition; the 'City does not have the purview to require
applicants of this proposal to go farther and -fix an existing problem with the Kelly Creek
drainage. Conditions of approval will protect native trees as specified by the Zoning Ordinance.
®ECISI®Id T91~1~LIIdE
The project is not. subject to Permit Streamlining Act requirements. The next regularly
scheduled Planning Commission hearings are January 26th'and February 9~'.
~Id~l~®~9ME0~4~~~ I~EVI~~ -
IVliti~ated Negative Declaration:
Pursuant to the requirements of the California Environmental :Quality Act (CEQA), an Initial
Study of potential environmental impacts was prepared by staff. Mitigation measures to avoid,
substantially reduce, or compensate for the environmental .impacts are identified in the following
areas: Air Quality and Biology. These. mitigation measures have been agreed to by the applicant
and incorporated into the project. 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
enviromnent beyond certain significant effects identified in the General Plan EIR applicable to
the Project. Attachment D includes a staff memorandum providing an update to the water supply
.information in the Initial Study;. the memo does .not identify any new or more significant water
su 1 im acts than discussed in the Initial Study/Mitigated Negative Declaration. It is therefore
Pp Y p
recommended that a Mitigated Negative Declaration be adopted, along with the Mitigation
Monitoring and Reporting Record (see Attachment D Initial Study and Associated
Environmental. Studies, and Attachment A, Resolution for Mitigated Negative Declaration,
Exhibit A Mitigation Monitoring and Reporting Record.
Sunny D 09-TPM-0134-CR Page 7 ~
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AYT~,CI°ON9EP9TS
Attachment A: Resolution Recommending to the City Council Adoption of a Mitigated
Negative Declaration, a Mitigation Monitoring and Reporting Record
Exhibit A - Sunny D Mitigation. Monitoring, and Reporting Record
Attachment B: Resolution Recommending to the City Council approval of a PUD
modification to modify the PUD Development Standards
' Exhibit A -Parking Modification to Development Standards
ExhibitB - Sunny'D PUD Development Standards
Attachment C: Resolution:Recommending to the Council.approval of a Tentative Parcel Map
Exhibit A - Conditions of Approval
Attachment D: Initial Study and Associated-:Studies:
® Soils Statement prepared by Steven. J. LaFranchi & Associates, Inc.
• Preliminary Drainage Analysis prepared by Steven J. LaFranchi &
Associates, Iris. dated April 6, 2009.
• Tree Preservation and Mitigation Report prepared by John C. Meserve
dated July 27, 2009
® Staff memorandum providing an update to the water supply information in
the Initial :Study, dated January 12, 2010
• Staff memorandum providing an update to the air quality/ozone
information iri the.Initial Study, dated January 12, 2010
Attachment E: Sunnyslope PUD Resolution adopting Development Standards
Attachment F: Petaluma General Plan 2025 Discussion Paper'Summary, West Hills 8b
Attachment G: IZO Table 2-1-and Section-4.020
Attachment H: Correspondence:
• Joseph Grubaugh and Sigrun Seifert,'3'07 Sunnyslope Avenue, dated
October 26, 2009
• Dennis .Elias, .222 12th Street, dated October 22, 2009 and Addendum
.letter dated. October 27, 2009
Attachment I: Half-Sized Plans, dated December 7, 2009
Sunny D 09-TPM-0134-CR ~ Page 8
A'I"I'ACHIVIENT A
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING TO THE CITI' COUNCIL ADOPTION QF A MITIGATED NEGATIVE
DECLARATION, A 1VIITIGATION.MONITORING AND REPORTING PROGRAM FOR THE
SiJNNY D PUD MODIFICATION AND TEN.TATIV.E PARCl'JL MAP LOCATED AT 216
SUNNYSLOPE AVENUE AND BEHIND 1311 D STREET,
APN5 019-130-0,11 AND OT9-130-049
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 Sunnyslope 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, 2009; 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. 2008-058 N.C.S., which is
incorporated herein by reference; and
WHEREAS, 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 151.62 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 Project 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 Negative Declaration based on the Initial Study, .providing fora 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, the City's Notice of Intent to Adopt
Mitigated Negative Declaration based on the Initial Study .and 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
WFIEREAS, at their 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
Sunny D 09-TPM-0134-GR Page 9
'WHEREAS, a: staff report .dated January 12; 201 Q arid. incorporated herein by reference,
described- and analyzed the Project and th_ e 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 1Vlitigated Negative Declaration analyzed additional information
regarding the. Project and deterrniried 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-famly°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 buildout
population exceeding the Bay Area 2005 Ozone Strategy population estimates, the Project adds
only three potential new residential dwellings of the General Plan 2025 buildout 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 Proj ect and the 1Vlitigated Negative Declaration and
received and considered all written and oral public comments on environmental effects of the
Project 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
WHEREAS; the Initial Study and Mitigated Negative Declaration identify mitigation
measures applicable to the Project, as incorporated herein by reference; and
WHEREAS, the Project does not have the potential to have a significant adverse impact
on wildlife resources as defined in the State Fish and Game Code, either individually or
cumulatively, though it is not exempt from Fish and Game'filing-fees; 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 of the California Government Code; and
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WHEREAS'; the Mitigated Negative Declaration reflects the City's independent
judgment and analysis on the potential. '.for environmental impacts from the Project. The
Mitigated Negative Declaration and related project anal 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, 11
English St. Petaluma, CA 94952, attn: Tiffany Robbe.
N®W, TFIEREFORE, BE IT RESOLVED THAT;
1. The foregoingrecitals are true and correct and made apart of this resolution.
2. The Planning Commission .hereby recommends to the City Council the adoption
of 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 as
an adequate description of the impacts of the Project and as in compliance with CEQA, the State
CEQA Guidelines, and the City of Petaluma Environmental Guidelines. 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 beyond certain significant effects identified in the
General Plan EIR and identified herein.
3. The Planning Commission. reviewed and considered the Mitigated Negative
Declaration, before making its recommendation to the City Council on approval of the proposed
Project.
4. 'The. Planning Commission recommends that the City Council adoptthe following
Mitigation Monitoring and Reporting Program attached as Exhibit A hereto and incorporated
herein by reference.
. Sunny D 09-TPM-0134-CR Page 11 C°
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aw~AL° ~ City of Petaluma, Califor. na
Community Development Department
Planning Division
~8b$ Y1 English Street, Petaluma, CA-94952
Egh'ibit A
Project P~an~ea Sunny D .Projec$
Fete Fdurtaber: ®J-TPM-®134-C9a
AdaiiresslLocat®on: 216 Sunnyslope Avenue and behand 1.311 ®S$ree$
Reporting/llllonitoring 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
Declaration or an Environmental Impact Report.
.Air Quality: IVltigataon Measures
BD/ BP AQ-1: New houses at lots 1=4 shall: achieve at least 50 GreenPoints under the
PD current cycle's residential .Build It Green program. .Prior to building permit
.issuance, the GreenPoints Checklist. shall be submitted and the building permit
plans shall depict/note the relevant. measures.
BD/ CO
PD
Prior to building permit final, each house on lots 1-4 shall be GreenPoint Rated.
Biology: Mitigation Measures
PD BP
Bio-1: Prior to improvement plan/bulding permit approval:
. ® At oak 19, the storm drain shall be relocated. entirely outside of the
canopy dripline.
® At oak 30, 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 By or Due Date Page 1
PD Planning Division FM Final Map.
FM' Fire 1Vlarshal BP Building Permit
ENG Engineering Division CO Certificate of Occupancy
BD Building Division SPAR Site Plan and Architectural_Review
LTM Long-Term Monitoring
Sunny D - 216 ~unnysl®pe Avenue ~ behind 1:3.1 D Street City of Petaluma, California
Reporting/Monitoring.Record -Mitigation 1Vleasures for Approval
Try
]IvvIPLEMENTATION:
ENG/ BP 1. The applicant shall be required to obtain all required permits from responsible
PD agencies: andprovide proof o£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
P_ID 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 thee. improvement and construction plans for
Flvl 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 Requested By or Due Date .Page 2
PD Planning Division FM Final Map
FIv1 .Fire Marshal BP . Building Permit
'ENG., Engineering CO Certificate of Occupancy ~1 ~ 3.
BD Building Division SPARC Site Plan and Architectural Review Committee ~r ~
LTM Long-Term Monitoring l
Sunny D - 21.6; Sunnyslope Avenue ~ behend 1`311 D Street City of Petaluma, California
,Reporting/,Monitoring Record -Mitigation ~Aeasures#or Approval
~ ~.
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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 apre-construction
PD conference with the construction 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:\Rlanning\CEQA Docs (all)\Mitigation Monitoring\8'10 Wood Sorrel-The Birches.doc
Deuartment Reguested.By or Due Date Page3
PD" .Planning Division FM Final Map
FM Fire Marshal BP Building Permit
'ENG Engineering CO Certificate of Occupancy I A
Bp Building Division SPARC Site Plan and Architectural.Review Committee
LTM Long-Tenn Monitoring - ~ .
AT'I'ACEN'T B
A RESOLUTION OF THE,P.LANNING COMNIISSION THE CITY OF PETALUMA
RECQNd1VIENDING APPROVAL-OF A;MODIFICATION TO THE SUNNYSLOPE PLANNED
iTNIT DISTRICT DEVELOPMENT STANDARDS RELATING.T® THE SUNNY D PROJECT
AT 216 SUNNXSI:,OPE AVENTE.AND.BEII~IND 1311 D STREET,
AENS 019-130-011. ANp 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 (PiJD) Development Standards for the 1.64 acre
property located at 216 Sunnyslope Avenue and behind .13`1.1 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
WHEREAS on January 12, 2010, the Planning Commission reviewed the CEQA
evaluation for the Project and' by resolution has recommended to the City Council adoption of a
Mitigated Negative Declaration, Mitigation Monitoring Program, in accordance with the
California Environmental Quality Aet and the City of Petaluma Environmental Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the Petaluma Planning Commission
hereby recommends to the City Council that the Sunnyslope Planned Unit District (PUD)
Development Standards applicable: to the Project be modif ed to the Development Standards set
forth in Exhibit B hereto and incorporated herein. by reference, as further modified by the parking
requirements contained in Ezhibit A hereto, and incorporated Herein by reference, based on the
following findings:
A. The amendment.is proposed for property whichhas 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.
Sunny D 09-TPM-0134-CR Page 15
E. 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.
F. '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
The PUD Development Standards applicable to the Project set forth in Exhibit B 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".
Sunny D 09-TPM-0134-CR Page 16 /~
V l;
Exfiibit B
Pj7D Development. Standards ftir Sunny D - at & behind216 Sunnyslope Ave; and behind 1311 D St,
APNs 019-130-011 and 019-13'0-049
TABLE 4.8'- R7 ZONE DEVELOPMENT STANDARUs
itenuereme0t t)V Zone
R2
Ordinance No. 2300 N.C.S.
Sunny D 09 TPM 0134 CR Page 17
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~ Development Feature ~ Residential2 -_-- ---- --~
S_ TEVEN J. LAFRANCHI 8 ASSOCIATES, INC.
CIVIL ENGINEERS'- LAND'SURVEYORS
Petaluma Merlna Business Centel
rrs 9aywood oriva sutm ail
Feteluma,;CalHornla84954
(707)',762=~1Z2 FAX (70~ 7823238
KEYNOTES:.
PARCEL IS .ZONED PUD.
DEVELOPMENT STANDARDS ARE
THOSE LISTED FOR .ZONING DISTRICT
R2 AS SHOWN IN THE IZO
ABBREVIATIONS:
tZ0 IMPLEMENTING ZONING ORDINANCE
PUD PLANNED UNIT DEVELOPMENT
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Suririy D 09-TPM-0134-CR Page 18
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A'I"TAC~IIVIENT C
A RESOLUTION OE THE PLANNING COMMISSION THE CITY OF PETALUMA
RECOMIVIENDING APPROVAL OF A TENTATIVE PARCEL MAP
FOR THE LANDS OF SUNNY D
AT 216 SUNNYSLOPE AVENUE AND BEHIND 13.11 D STREET,
APNS 019-130-011 AND 019-130-049
' .City File Number: 09-TPM=0134-CR
WHEREAS, Steven J. Lafranchi submitted an application to the City of Petaluma to
divide the two parcels that comprise the 1:64 acre subject property located at 216 Sunnyslope
Avenue and behind 1311 D Street, being APNs 019-13'0-011 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 (1.0,504 SF) Vacant
Parcel 3 0.21 acres (8,937 SF) 0.20 acres (8,888 SF) Vacant
Parcel 4 0.22 acres (9692 SF) Same Vacant
Remainder 0.62 acres (27,018 SF) Same Existing House
WI~ERE'AS, the City's Planning Commission held a duly noticed public hearing to
consider the proposed PUD mod'ifi'cation on January 12, 2010; and.
WHEREAS, the proposed Tentative Parcel Map, as conditioned, is consistent with the
provisions of Title 20, Subdivisions, of the Petaluma Municipal Code (Subdivision Ordinance)
and the State Subdivision Map Act; and
WHEREAS, the proposed. subdivision,. together with provisions for its design and
improvements, is consistent with the City of Petaluma General P1an~2025 (General Plan); and
WHEREAS, the proposed subdivision . is consistent with the Planned Unit District
Development Standards .for Sunny D, as modified by Resolution ;and
WHEREAS., the proposed subdivision, together with provisions for its design and
improvements, will not be detrimental to the public .health, safety, or welfare in that adequate
facilities exist or will. be installed, including roads, driveways, sidewalks, water, sewer, storm
drains, and other infrastructure; and
WHEREAS, the proposed subdivision, together with provisions for its design and
improvements, is appropriate to the surrounding area and with the surrounding uses; and
WHEREAS, the site is physically suitable for the density and the type of development
proposed; and
WHEREAS on January 12, 2010, the Planning Commission reviewed the CEQA
evaluation for the Project and by resolution has recommended to the City Council adoption of a
Page 19
Sunny D 09 TPM 0134 CR
Mitigated Negative Declaration, Mitigation Monitoring Program, in accordance with the
California Environmental Quality Act and the City of Petaluma Envirommental Guidelines; and
WIEREAS, the City's Planning Commission held duly noticed public hearings to
consider the proposed Tentative Parcel Map on January 12, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma Planning Commission
hereby recommends to the City Council that the Tentative Parcel Map be approved, based on the
foregoing recitals which are incorporated herein by reference as findings and subject to the
conditions of approval set forth in Exhibit A hereto:
Exhibit A
C®~d®~`l~@~~I~ ®F Q~~P~~@9~
Sunny D
at 216 Sunnyslope Avenue and behind 1311 D'Street,
APNs 019-130-011 and 019-130-049
City .File Number: 09-TP1VI-0134-CR
From Planning:
1. Final map and improvement plans shall be in substantial conformance with the approved
tentative parcel reap plans submitted to the Planning Division and date stamped
December 7, 2009, except as modified by these conditions of approval.
2. Upon approval by the City Council, the applicant shall pay the Notice of Determination
fee to the project .Planner. 'The check shall be made payable to the County Clerk (as of
May 2009 the fee is $50). Planning staff will file the Notice of Determination with the
County Clerk's office within five (5) days of receiving Council approval. The State
Department of Fish and Game has, eliminated the fee exemption for projects determined
that have a de mnimis effect on fish and wildlife and requires that an environmental
filing fee be paid, (as required under Fish and Game Code Section 711.4d) to the Sonoma
County Clerk on or before. the filing of the Notice of Determination (as of May 2009, the
fee is $1,993, contact them at 944-5500 to confirm).
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 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
arborist recommends its •removal, it shall be replaced by a 24-inch box-sized locally-
native tree, subject to staff review and approval".
b. The Map shall note and the parcel 3 deed shall .include the language that: To ensure
continued preservation of native oaks 29, 30, and 31, "Oak trees 29, 30, and 31 shall
Sunny D 09-TPM-0134-CR Page. 20
be protected and maintained and no construction or impervious surface is permitted
within their drip line"'
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 impervious
surface is permitted within their drip line."
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."
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):
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 dripline 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 dripline. Route drainage
swales and underground work outside the dripline. where possible.
c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced
dripline 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.
£ .Regarding redwood 22 and oak 23, minimize the depth 'of the surface drainage Swale
to no more than $ inches .and increase the width as necessary.
g. A security deposit shall be posted to cover the value: of all protected trees: oaks 19, 23,
29, 30, & 31, redwood 22, and bay 17.and 18. See section 17.060F 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:
a. Install. temporary protective .fencing at the edge of illustrated dripline or the edge of
approved construction .prior to ,grading on the .site. The fencing sha1L 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 dripline. Route drainage
swales and underground work outside the dripline where possible.
c. Place a 4 inch layer of chipped bark mulch over the soil surface within. the fenced
dripline prior to installing temporary fencing. Suitable mulch must contain bark
'fines'. Maintain this layer of mulch throughout construction.
d. Prune to clean.:.arid reduce end weight of the canopy 'per International Society of
Arboriculture pruning standards.
Sunny D 09-TPM-0134-CR Page 2'1
e: A security deposit shall be posted to cover the value of the trees specified above. See
section 17.060E for furkher details.
6. Prior to issuance of any grading or building permit for Parcel 3, submit proof of
completion of the following to the Planning Division in the form. of a letter (pruning) and
photographs (fencing & mulch) regarding native oaks 29; 30, and 31:
a. Install temporary protective fencing at the edge of illustrated dripline 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 dripline. Route drainage
swales and underground work outside the dripline-where possible.
c. Place a 4 inch .layer of chipped. bark mulch over the soil surface within the fenced
dripline 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 sfiall be posted to cover the value of the trees specified. above. See
section 17.060E for further details.
f. Regarding oak 29, remove ivy from the trunk:
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) acid
photographs (fencing & mulch). regarding-native oaks 19 and 23 and redwood 22:
a. Install temporary protective .fencing at the edge of illustrated dripline 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 dripline. Route drainage
swales and underground work outside the dripline where possible.
c. Place a 4 inch layer of chipped bark mulch over-the soil surface within the fenced
dripline 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
heatirig/furnaces)' and low NOx water heaters (40 or less) in compliance with policy
4-P-15D (reducing emissions in residential units) and
Sunny D 09-TPM-0134-CR Page 22 _
~~
b. That all .exterior lighting be direete'd down and shielded. to prevent glare and intrusion
onto adjacent properties,. and lights attached to buildings shall provide a "soft wash"
of light against the wall and shall generate no direct glare.
9. Any new or replaced fence or gate requires a separate fence permit.
10. Construction activity onrequired by this:map shall be limited to Monday through Friday
8:00 a.m. to 5:30 p.m. Interior-only work may be conducted on Saturdays from 9:00
a.m. to 5:00 p.m. Construction is prohibited. on Sundays and all federal, state, and local
holidays. This condition is more restrictive than the. construction hours stated in Article
21 (Performance Standards) of the Zoning Ordinance because of the projects proximity to
residential uses.
11. All exterior lighting be .directed down and shielded to prevent glare and intrusion onto
adjacent properties, and lights attached to buildings shall provide a "soft wash" of light
against the wall and shall generate no direct glare.
12. If a concentration of artifacts or culturally modified .soils deposits including trash pits
older than 50 years of age are discovered, at any time during grading, scraping, or
excavation within any parcel, all work shall.. be halted, the City and a qualified
archaeologist shall be :contacted immediately to evaluate the find .and make further
recommendations. If human remains are encountered, the above shall occur and the
County Coroner and. the Native American Heritage -Commission shall also be contacted
to arrange for Native. American participation- .in determining the disposition of such
remains should they be determined to be Native American.
13. Future development will be subject to all applicable development impact and other fees.
14. Public utility access and easement locations and widths shall be subject to the approval of
PG&E, Pacific Bell, the Sonoma County Water Agency, all other .applicable utility and
service companies, as well as the City Engineer, and shall be shown on the Parcel Map.
15. The applicant shall defend,. indemnify and hold harmless the City and its officials,
boards, commissions, agents, officers and employees("Indemnitees") from any claim,
action or proceeding against Indemnitees to attack, set aside, void or annul any of the
approvals of the project to the maximum extent. permitted by Government Code section
66477.9. To the extent permitted by Government Code section 66477.9, the applicant's
duty to defend, indemnify and hold harmless in accordance with this condition shall
apply to any and all claims, actions or proceedings brought concerning the project, not
just such claims, actions or proceedings brought within the time period provided for in
applicable State and/or local statutes. The City shall promptly notify the subdivider of
any such claim, .action or proceeding concerning -the subdivision. The City
shall cooperate: fully in the defense. Nothing contained in this condition shall prohibit
the City from. participating in the defense of any claim,. action, or proceeding, and if the
City choo es 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..
Sunny D 09-TPM-0134-CR Page 23 - .
From Public Works (En ink eerin~l:
Prior to finai'parcel `map submittal, the following .conditions shall be .addressed, unless otherwise
.noted: '
16. 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.
17. 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.
18. New domestic water services shall be a minimum of 1:5-inches in diameter with a 1-inch
meter.
19. Overhead utilities to the existing structures and future structures shall be placed
underground.
20. No lot to lot surface drainage's permitted unless an appropriate easement is established.
21. A maintenance declaration and crossover easements shall ,be provided for the proposed
driveway and private utilities.
22. 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.
23. Any existing, unused septa systems/leach fields shal'1 be abandoned per County of
Sonoma Environmental Health Department requirements. Any existing wells proposed
to be. retained shall have a City standard baclcflow prevention device installed.
24. 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.
25. 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.
26. 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. .
27. A scanned copy of the recorded final parcel ~ map shall be submitted. in a format
compatible with the City Graphic Information Systems (GIS).
09=TPM-0134-CR
24
28. 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 inprovernent 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:
29. 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.
30. No parking shall be allowed the. entire length of the.. private driveway including the
hammerhead turnaround. The .private driveway shall be posted with "No Parking Fire
Lane" signs and "red-curbing where appropriate. Sign placement shall be coordinated
with the Fire Marshal's Office.
31. One fire hydrant shall to be located along the private .road, subject to approval by the Fire
Marshal's office.
32. Note: This site is located within the boundaries of the Fire Hazard Severity Zone.
Buildings constructed in this zone are subject to the requirements outlined in Section
17.20.040 of the Petaluma Municipal Code and Petaluma's Fire Hazard Severity Zone
Construction standard.
1341416.1
Sunny D~09=TPM-0134-CR Page 25
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