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HomeMy WebLinkAboutPlanning Commission Resolution 2014-22 07/22/2014RESOLUTION NO. 2014-22 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE CORONA ROAD SUBDIVISION LOCATED AT 470 AND 498 CORONA ROAD COMPRISING A TOTAL PROJECT AREA OF 10.1 -ACRES APNs 137-061-009 & 011 PROJECT FILE No: 09 -TSM -0344 WHEREAS, the applicant, Corona Road Associates, L.C.C., submitted an application for a Tentative Subdivision Map to subdivide approximately 10.1 acres at 470 and 498 Corona Road, APN 137-061-009 and 011 into a 31 -lot single family residential subdivision, comprised of the existing house at 498 Corona Road remaining at its current location and the creation of 30 new vacant residential lots, along with associated requests for Annexation, Pre -Zoning, a landmark designation, and authorization to construct a detention basin, the applications are collectively referred to as the "Project"; and WHEREAS, on January 28 and July 22, 2014, the Planning Commission conducted duly noticed hearings on the Project, including the tentative map, at which time the Planning Commission considered a staff report analyzing the Project and related Mitigated Negative Declaration (MND) and considered the MND and all documents and evidence submitted; and WHEREAS, following the public hearing, the Planning Commission adopted Resolutions recommending adoption of the MND, supporting the annexation, pre -zoning the annexation lands in the manner consistent with the General Plan designation, and designating the house at 498 Corona Road as a local landmark. NOW, THEREFORE, BE IT RESOLVED that the City council finds and determines as follows: The proposed Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Petaluma Municipal Code (Subdivision Ordinance) and the California Subdivision Map Act. 2. The proposed subdivision, together with provisions for its design and improvements, is consistent with the City of Petaluma General Plan 2025 (General Plan) because: a. Residential density of 9 units over the 5.6 gross acres of subdivision lands nearest Corona Road (north portion of APN 137-061-009 and 011) pre -zoned R1 (Residential 1) is consistent with the General Plan Very Low Density Residential land use designation for the site and with the General Plan density range for the site, calculated on net acreage of approximately 4.7 net acres using the Very Low Residential density range of 0.6 to 2.5 dwelling units per net acre, resulting in a range for the Project between 2.8 and 11.8 total units. Planning Commission Resolution No. 2014-22 Page 1 b. Residential density of 22 units over the 4.5 gross acres of subdivision lands farthest from Corona Road (south portion of APN 137-061-009 and 011) pre -zoned R2 (Residential 2) is consistent with the General Plan land use designation for the site and with the General Plan Low Density Residential density range for the site, calculated on net acreage of approximately 3.2 net acres using the Low Density Residential density range of 2.6 to 8.0 dwelling units per net acre, resulting in an allowable range for the Project between 8.3 and 25.6 total units. c. The project includes annexation of land outside of City limits and within the UGB and the extension of both potable water and sewer services, pursuant to 1-P-38. d. The project proposes that Corona Road remain a rural two-lane road, pursuant to 2-P-104. 3. The proposed subdivision, together with provisions for its design and improvements, will not be detrimental to the public health, safety, or welfare because adequate public facilities exist or will be installed, including roads, sidewalks, water, sewer, storm drains, and other infrastructure. 4. The Project is consistent with the City of Petaluma Implementing Zoning Ordinance because the pre -zoning to R1 and R2 is in accordance with the General Plan, all lot sizes and dimensions conform with R1 and R2 respectively. 5. Payment of the in -lieu housing fee is preferable in the case, as the small size of the project makes an on-site project of 5 units (15% of 30 units) impractical to administer and likely not financeable. Housing staff recommends payment of the in -lieu payment to the City's Housing Funds as a more appropriate requirement, pursuant to Housing Element Program 4.4d. 6. The Project site is physically suitable for the density and the type of development proposed because the density for the Project is consistent with each of the two General Plan density ranges on the site and the site accommodates a Project which is generally compatible in character of use and physical design with surrounding uses. 7. As concluded in the Initial Study/Mitigated Negative Declaration for the Project, neither the design of the subdivision nor the proposed improvements is likely to cause substantial environmental damage, or substantially or avoidably injure fish or wildlife or their habitat. BE IT FURTHER RESOLVED that on the basis of the above findings, the Petaluma Planning Commission recommends that the City Council approve the Tentative Subdivision Map, subject to the following conditions of approval: Planning Commission Resolution No. 2014-22 Page 2 TSM CONDITIONS OF APPROVAL CORONA ROAD ANNEXATION AND SUBDIVISION 470 and 498 Corona Road (with 496, 520, & 522 Corona Rd included in the annexation and 0 Riesling being the basin site) APN 137-061-009 & 011 (with 137-061-007, 008, & 010 included in the annexation and 137-070-049 being the basin site) Project File No: 09 -TSM -0344 Planning Division: 1. Approval of the Tentative Subdivision Map is conditioned upon approval of annexation and pre -zoning boundaries consistent with the City Council's recommendations. 2. Prior to the issuance of any development permit, the applicant shall revise the site plan or other first sheet of the office and job site copies of the Building Permit plans to list these Conditions of Approval as notes. 3. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Corona Road Annexation and Subdivision project are herein incorporated by reference as conditions of project approval. 4. Upon approval by the City Council, the applicant shall pay the Notice of Determination fee pursuant to Fish and Game Code Section 711.4(d) and the California Environmental Quality Act (CEQA) to the Planning Division. The check shall be made payable to the County Clerk, in the amount required and published by the Sonoma County Clerk for such fee. Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days of receiving Council approval (after the second reading of the Pre -Zoning Ordinance), provided that the applicant provides the required environmental filing fee to the City within one day of project approval. Prior to approval of the Final Map, the applicant shall record Deed Restrictions on: a. Lots 1, 2, and 6 stating that "Fencing within 30 feet of the Corona Road property line (lots) shall be open, rural designs not more than 42 inches in height and any future driveway paving shall be limited in width for the first 70 feet from the Corona Road property tine, pursuant to Corona Ely Specific Plan Policies 33 and 34." b. Lots 1 and 2 stating that "New homes, additions visible from Corona Road, and any outbuildings within 80 feet of Corona Road shall be subject to Site Plan and Architectural Review. Any SPAR approval shall find that the rural feel of Corona Road has been maintained." c. Lots 1, 2, and 4 stating that "A public pedestrian and bicycle access path runs from public Street B (state name) to Corona Road across this lot." The Deed Restrictions shall be reviewed and approved by the City Attorney and provided to the City in executed form suitable for recordation prior to approval of the Final Map. Prior to Improvement Plan approval, the improvement plans shall call out improvements in the public right-of-way including the street trees, the ground cover, and the street lights in the planter strips and the parking canoes, pursuant to staff review and approval. Staff shall coordinate review of the street trees with the Tree Advisory Committee. Planning Commission Resolution No. 2014-22 Page 3 Prior to Improvement Plan approval, the detention basin sheet(s) shall show a sign to be posted on the east side of the multi -use path between Corona Creek and the detention basin, providing public information explaining the basin function and its potential hazards and safety features. The sign shall be metal and/or wood, post mounted, with a total height not to exceed 6 feet, and a sign board approximately 24 inches high and 18 inches wide, subject to review and approval of the Planning Division. Content shall be as stated above and shall be approved by the City Engineer and Planning Division prior to Improvement Plan approval. 8. Prior to issuance of any grading or building permit, the applicant shall: a. Submit to the City Planning Division a copy of the 401 certification from the State Regional Water Quality Control Board. b. Submit to the City Planning Division a copy of the Army Corps Section 404 Individual Permit authorization. c. As directed by the Army Corps of Engineers and State Water Board Quality Control Board, the applicant shall show proof of purchase from the appropriate Mitigation Bank for wetland mitigation credits and/or incorporate suitable measure into the project design via the detention basin to offset impacts to seasonal wetlands. Submit to the City Planning Division written approval of the mitigation bank purchases) and/or any other written record of compliance. 9. Prior to issuance of any individual lot grading or house building permit, the subdivision building elevations, site plan, front yard landscape, and exterior lighting plan shall be subject to Site Plan and Architectural Review and Approval by the Planning Commission. 10. Prior to each new home's Site Plan and Architectural Review at Planning Commission, the applicant shall submit the GreenPoints Checklist showing that each new house is designed to achieve at least 50 GreenPoints under that cycle's residential Build It Green program. The Initial Study/MND Greenhouse Gas discussion (page 44) was based on the project having at least a 50 -point rating. Prior to buildina oermit issuance, the Checklist shall be submitted and the building permit plans shall show those measures. Each home shall successfully pass the GreenPoint Rated inspections, per the submitted Green Point Rated checklist, meeting the minimum requirement condition of approval threshold. Confirmation of passed inspections will be provided by a certified Green Point Rater via a confirmation letter at time of final city inspection. 11. All construction trucks hauling soils from the detention basin site shall be subject to refinement of AQ -2 to cease trucking during school drop off and pick up periods; that is, on days school is in session, trucking trips to and from the site may begin at 9am and shall cease between 2:40 and 3:10pm (1:40 and 2:10 pm on Wednesdays), though may be recommenced from 3:10 to 4:00pm (2:10 to 4:00 on Wednesdays). Soil hauling work and detention basin grading work shall be done during school breaks if at all possible, and in such case, all haul trips shall occur between 8am and 4:30pm. 12. Prior to issuance of any grading or building permit at Lot 2 or driveway work at Lot 1, a security deposit shall be posted to cover the value of protected palm trees 29 and 30 during the construction process, pursuant to section 17.060F. 13. Prior to issuance of a building or grading permit, any protected tree with a canopy within 20 feet of the limit of work shall be evaluated by an arborist. The Tree Protection Zone shall be established (see also Mitigation Measure Bio -9) and any recommendation (for Planning Commission Resolution No, 2014-22 Page 4 example: place 4 -inch layer of chipped bark mulch over the soil and/or prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards) included as part of the proposed work. Temporary protective tree fencing shall be secured with in -ground posts. Proof that the temporary fencing has been installed shall be submitted to the Planning Division by photographs prior to building or grading permit issuance and shall be maintained in place for the duration of adjacent construction. 14. Prior to the issuance of any building permits for new house construction or subdivision improvements, the detention basin shall be in place and operational to ensure floodplain capacity. 15. Prior to the issuance of any building permits for new house construction, those house plans shall note the installation of high efficiency heating equipment (90% or higher heating/furnaces) and low NOx water heaters (40 or less) in compliance with General Plan policy 4 -P -15D (reducing emissions in residential units). All residential units designed with fireplaces shall meet the requirements of Ordinance 1881 N.C.S. for clean -burning fuels. 16. Prior to the issuance of any building permits for new house construction, those house plans shall include pre -wiring for solar facilities for each dwelling, in accordance with Council Resolution 2005-151, and are subject to staff review and approval. 17. The farmhouse at 498 Corona Road shall be placed on Petaluma's local register of historic landmarks by the City. 18. Prior to the issuance of any building permits for new house construction for the subdivision, the landmark designation shall be recorded by the applicant with the Sonoma County Recorder's office as a deed restriction, and proof of such recordation shall be provided to the Planning Division. 19. Prior to the issuance of any building permits for new house construction for the subdivision, pursuant to CUL -1, the required 498 Corona Road rehabilitation work shall be done and, pursuant to the Initial Study/MND discussion, the replacement of missing or distress materials with matching original materials shall include the 8 -inch horizontal wood clapboard siding where it has been removed from the east side of the house, those scroll brackets that are missing from the eastern post of the entry porch, and the Corona Road facing windows (see CUL -2). 20. The project shall pay all applicable Development Impact Fees and other fees as required by City ordinance or regulation. The 30 new homes shall be subject to the applicable in - lieu housing fees, as this is the Housing staff recommended alternative method of meeting the intent of the inclusionary requirement. 21. Prior to acceptance of the subdivision by the City of Petaluma, the project shall pay Communities Facilities development fees and City and Neighborhood Park fees, as well as water and sewer hookup fees for the four existing houses being annexed as part of this project: 496, 498, 520, and 522 Corona Road, pursuant to City Council Resolution 8955. 22. This Tentative Subdivision Map shall be null and void unless annexation to the City occurs within one year from the time the application is certified as complete, pursuant to Muni Code 20.16.0058. 23. 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 Planning Commission Resolution No. 2014-22 Page 5 the extent permitted by Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66477.9. Department of Public Works (Engineering Division): The following conditions shall be addressed at the time of final map and improvement plan application. Frontaae Improvements and Streets (show on Subdivision Improvement Plans and Final Map): 24. City standard improvements shall be installed including but not limited to: 36 -foot wide street with two 10 -foot wide travel lanes and two 8 -foot wide parking strips, sidewalk, curb and gutter, driveway approaches, landscaping, streetlights, public utilities, fire hydrants and hydrant markers, signage and striping. The public sidewalk shall be 5 -foot wide with a public landscape strip of 4.5 feet wide. The developer shall dedicate 56 -feet of public right of way on the final map for proposed public Streets A and B and Monica Way. 25. The proposed cul-de-sacs shall be 96 feet in diameter include three spaces each of interior island parking as proposed on the tentative map. The public right of way in the cul-de-sac area shall be located 10 -feet behind the cul-de-sac and shall be dedicated to the City on the final map. 26. The structural street section for public Streets A and B, and Monica Way, shall be 4 -inches of asphalt concrete (AC) over 12 -inches of class 2 aggregate base (AB). 27. All new streetlights shall have LED heads. Streetlight spacing shall be subject to the review and approval of the City Engineer. 28. No parking signs and red curb shall be installed on Monica Lane adjacent to lots 17 and 31, within street curves and curb returns, on emergency vehicle access easements and shared private driveways, and in front of fire hydrants and mailboxes. No parking signs and red curb shall be installed on the northeast side of the existing Monica Lane. 29. Bollards shall be installed in the multi -use path, at the entrance to public Street B and Corona Road. The proposed multi -use path shall be asphalt concrete. A smooth, level conform shall be provided at the connection point to Corona Road and a driveway approach at public Street B. 30. A stop sign and stop bar limit line with street name signs shall be installed on Monica Way at public Street A/B. 31. The minimum longitudinal gutter slope is 0.5% per City standards. 32. Construction access to the Corona Road project area for all site improvements shall be limited to Corona Road and is prohibited via Andover Lane and Monica Way. During construction of residences, construction vehicle access shall be limited to Corona Road to all extents possible. The developer shall be responsible for repairing any damage to Planning Commission Resolution No. 2014-22 Page 6 Corona Road caused by construction equipment, subject to County of Sonoma standards and requirements. 33. All public improvements and utilities shall be designed and constructed per City Standards as well as Caltrans and MUTCD standards as determined by the City Engineer. 34. All public improvements including sidewalks, driveway approaches and curb ramps shall be accessible. 35. All public improvement work shall be completed prior to issuance of a final inspection/certificate of occupancy for the last 20% percent of units. 36. Traffic control plans are required for all stages of construction and shall be per latest Manual on Uniform Traffic Control Devices (MUTCD) standards. Drainaae and Gradina: 37. The proposed detention basin shall be designed and constructed in accordance with the preliminary recommendations by the project Geotechnical Engineer, project Civil Engineer and City of Petaluma consulting hydrologist. The construction level geotechnical and hydrology reports and project improvement plans, shall include final recommendations for the detention basin, subject to approval by the City Engineer. The developer shall fund all costs necessary for the final design and hydraulic modeling work by WEST consultants. The proposed basin shall be lined with compacted fill as recommended in the March 31, 2014 letter from Reese and Associates Consulting Geotechnical Engineers. A synthetic liner shall not be used. Hinged trash racks at culverts and safety measures shall be installed on the detention basin drainage/culvert system, subject to approval by the City of Petaluma. 38. The developer shall prepare a Letter of Map Change (LOMC) application, to remove the project site and surrounding areas, from the special flood hazard area. The application shall be submitted to the City of Petaluma Floodplain Administrator and Federal Emergency Management Agency (FEMA) upon completion of the detention basin. The approved LOMC shall be received by the City of Petaluma prior to issuance of anv buildina permits for new structures. 39. The storm drain system and calculations shall be reviewed and approved by the Sonoma County Water Agency, prior to issuance of any construction permits. At the discretion of the City Engineer, the City may refer the final detention basin design and calculations to the Water Agency for review and approval, prior to issuance of any construction permits. 40. No lot -to -lot drainage is allowed without drainage easements, subject to the approval of the City Engineer. 41. The project shall comply with the City of Petaluma Phase II Storm Water Management Plan including attachment four post construction requirements. The improvement plans shall be routed to the Marin -Sonoma Mosquito and Vector Control District to review and provide recommendations on storm water best management practices. 42. On-site storm drain treatment systems shall be privately owned and maintained. 43. Prior to final map approval, and pursuant to Resolution 94-210 (Liberty Farms Subdivision), the Corona Road Subdivision's interest in the existing temporary 10 -foot wide private storm drain easement (Doc# 1 994-01 1 0223) on Lots 39 and 40 of the Liberty Farms Subdivision shall be quitclaimed. Drainage from the Corona Road Subdivision shall not be allowed to Planning Commission Resolution No. 2014-22 Page 7 continue in the rear of Lots 39 and 40 of Liberty Farms and shall be collected on the Corona Road Subdivision and discharged to a public storm drain system. 44. Prior to issuance of a building permit, an operations and maintenance manual is required for the proposed detention basin and public storm water treatment systems, and shall be submitted with the final map and improvement plan application for review and approval by the City Engineer. The manual shall include annual inspection, by a Civil Engineer registered in the State of California, to ensure the detention, treatment and safety systems are operating as designed and constructed as well as provisions to make any necessary repairs to the system. A signed and sealed copy of the report shall be provided annually, prior to October 151h, to the Office of the City Engineer. 45. Prior to issuance of a building permit, the developer shall comply with the City's Phase II storm water management plan and State of California NPDES requirements including submittal of a notice of intent and storm water pollution prevention plan to the State and City. 46. Grading shall conform to the preliminary geotechnical investigation reports prepared by Giblin and Associates and updates by Reese and Associates as well as all final, construction level reports. 47. The City shall ensure ongoing maintenance of Corona Creek to allow adequate flow capacity to manage flooding. Water. Sewer and Utilities: 48. The three parcels in the unincorporated area currently outside the boundary of the subdivision (APN: 137-061-007, 008, and 010) shall have individual water services, meters and sewer laterals installed and connected prior to acceptance of the subdivision by the City of Petaluma. Should the property owners opt out of connecting at time of the subdivision construction, the developer shall install water and sewer stubs to the property line and have 10 years to complete the connections per City Resolution No. 8955. Prior to acceptance of the subdivision improvements, the Corona Subdivision developer shall provide adequate surety to the City of Petaluma to insure the services are installed within the 10 -year period mandated by Resolution No. 8955. Additionally, the developer shall provide the City of Petaluma documentation from the County of Sonoma that the existing septic systems and proposed well are functioning property, are not in a failed condition and are not a threat to public health or safety. In either scenario, the developer is responsible for paying all sewer and water connection and annexation fees as part of the subdivision development. The location of all water services and meters as well as sewer laterals shall be shown on the subdivision improvement plans. 49. The proposed well on parcel 6 shall be reviewed and approved by Sonoma County Environmental Health. An approved backflow prevention device shall be installed on the well per City standards. The developer shall provide the City Engineer documentation from Sonoma County Environmental Health that the new well has been completed, operable and approved for use. The new well shall be operable prior to discontinuation and abandonment of the existing well. The well will not be necessary should all parcels connect to City water at the time of the Corona Road Subdivision develops. 50. Each lot within the subdivision shall have individual water services and sewer laterals. All water services shall be a minimum of 1'/2 inches with a 1 -inch meter. All water meters shall be located in the public right of way landscape strip between the curb and sidewalk. Planning Commission Resolution No. 2014-22 Page 8 51. All wells and septic systems proposed to be abandoned shall be per Sonoma County Environmental Health requirements. 52. All landscaping shall meet City water efficiency standards for low water use. 53. A minimum 2 -inch grind and AC overlay will be required on all utility trench cuts along the length of the trench, for a minimum of 1/] the street width within existing City streets. The developer is responsible for repairing, to pre -project conditions, any damage to existing City infrastructure caused by Corona Road Subdivision development related activities, as determined by the City of Petaluma. 54. All water main valves shall be located at curb extensions. 55. Landscaping in public utility easements shall be limited to ground cover and shallow rooted, low lying shrubs. Trees are not allowed. 56. A 10 -foot wide public utility easement is required along all project street frontages and shall be dedicated to the City of Petaluma on the final map. 57. Overhead utilities along the street frontages, within the project site or traversing the site shall be placed underground. 58. All existing unused water and sewer mains shall be identified on construction drawings and abandoned per City standards. 59. Draft joint trench plans are required with the public improvement plan submittal. PG&E approval of the joint trench plans is required prior to the start of any construction. Final Map: 60. Dedicate the necessary public right of way, public access and utility or private easements on the final map. Any easements located outside the boundary of the subdivision shall be dedicated via grant deed with a legal description and plat. 61. An irrevocable offer of dedication for future public pedestrian and bicycle path is required along Lot 6 and shall be consistent with the proposed irrevocable offer for Lots 1 and 2 as shown on TM -6. 62. The project lighting and landscaping assessment district shall include funding for perpetual maintenance of the proposed public detention basin, public storm water runoff treatments system, public pathways, public landscaping, and public streetlights installed as part of the subdivision. 63. A funding mechanism, such as a homeowner's association or maintenance agreements, for long term maintenance of privately shared facilities such as, parking, driveways, pathways, utilities and drainage systems and shall be submitted with the final map application, and is subject to approval by the City of Petaluma. 64. Prior to final map approval, the developer shall submit an application for final annexation map to the City of Petaluma. 65. Prepare final map and improvement plans per the latest City policies, standards, codes, resolutions and ordinances. Technical review deposits shall be required at the time of application submittal. Planning Commission Resolution No. 2014-22 Page 9 66. Prior to issuance of any permits, a subdivision agreement package including City standard surety bonds and insurance, is required for the subdivision improvements. A separate public construction agreement package, including City standard surety bonds and insurance, is required for the construction of the proposed detention basin. Fire Marshal: 67. Prior to improvement plan approval, those plans shall show that the cul-de-sacs will be posted with "No Parking Fire Lane" signs and/or "red -curbing," subject to review and approval by Fire Marshal Office. 68. A fire sprinkler system designed and installed in accordance with NFPA13-D is required for all structures detailed in this project proposal. Due to the mitigating conditions listed below, the sprinkler systems for (some/all) of the units must be upgraded to meet the requirements of a FULLY SPRINKLERED system. This includes sprinkler protection of the attic, garage, attached carports, bathrooms over 55 sq. ft., closets over 24 sq. ft. or 3 ft. deep, and/or other attached structural elements of the building. The system shall be calculated for a two -head for the most remote two heads. All systems require 3 set of plans to be submitted to the Fire Marshal's office for review and approval. ADOPTED this 22nd day of July, 2014, by the following vote: Commission Member Aye No Absent Abstain Benedetti-Petnic X Lin X Gomez X Marzo X Councilmember Miller X Vice Chair Pierre X Chair Wolpert X Bill Wolpert, Chair ATTEST: APPROVED AS TO FORM: Planning Commission Resolution No. 2014-22 Page 10 Ae� - rl Heather Hines,,%commission s fcretary i C� Eric W. Donly, 9y Attorney Planning Commission Resolution No. 2014-22 Page 11