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HomeMy WebLinkAboutResolution 2002-025 N.C.S. 02/25/2002 resolution No. 2002-o2s N.C.S. of the City of Petaluma, California APPROVAL OF THE ZONING ORDINANCE TEXT AMENDMENT TO ADOPT PLANNED UNIT DISTRICT DEVELOPMENT GUIDELINES FOR WASHINGTON CREEK VILLAGE WHICH WOULD ALLOW FOR DEVELOPMENT OF A 37-UNIT RESIDENTIAL SUPDIVISION, LOCATED ALONG EAST WASHINGTON STREET SOUTHWEST OF PRINCE PARK, APN 149-180-015 AND 016 WHEREAS, by Ordinance No. 1075 and 1109 N.C.S. and on February 5, 1973 and October 1, 1973 respectively, Assessor's Parcels 149-180-015 and 016 were rezoned to a Planned Unit District (PUD); and WHEREAS, by action taken on November 27, 2001, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve a Zoning Ordinance Text Amendment to adopt Planned Unit District Development Guidelines for Washington Creek Village, to allow a 37-unit residential subdivision; and WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption of Resolution No. 2002-023 N.C.S., approving a Mitigated Negative Declaration to address the specific impacts of the Washington Creek Village development; WHEREAS, the City Council has reviewed the proposed the Zoning Ordinance Text Amendment to adopt Planned Unit District Development Guidelines, as set forth in Attachment 5 sub-attachment 4, as revised or modified, and in accordance with the recommendation of the Planning Commission, finds: 1. The proposed text amendment, the adoption of the PUD Development Guidelines, as conditioned, is in general conformity with the Petaluma General Plan and zoning regulations of the City of Petaluma as described in the project staff report. Additionally, the Fire Marshal, Police Department, and the Engineering Section have prepared Conditions of Approval to address safety issues and design criteria for the construction of the buildings and design of the site. 2. The public necessity, convenience, and general welfare clearly permit the adoption of the proposed amendment in that the amendment will result in residential and recreational uses that are more appropriate and compatible with the existing surroundings uses. The density standard under the proposed Development Guidelines will be 4.0, which is compatible with the surrounding neighborhood, the General Plan, and the Sonoma County Comprehensive Airport Land Use Plan. The guidelines for the proposed Resolution No. 2002-025 N.C.s. development present a unified and organized arrangement of buildings and facilities that are appropriate in relation to adjacent and nearby properties, and adequate landscaping is included to ensure compatibility. The proposal also requires review and approval by the Site Plan and Architectural Review Committee (SPARC). CONDITIONS OF APPROVAL From the City Council: 1. When the Site Plan and Architectural Review Committee (SPARC) reviews the project, they shall approve arear-fencing standard (height and materials) for those yards that border the north side of the creek (Lots 16 through 27). 2. When the Site Plan and Architectural Review Committee (SPARC) reviews the project, they shall pay special attention to the height/number of stories of garages and homes on Lots 11-15 in order to minimize the impact on the abutting Alderwood units, some of which are one story. 3. Prior to submittal to the Site Plan and Architectural Review Committee (SPARC), the Development Plans shall be modified to include a minimum of 10% of the units (4 units) with photovoltaic. electric generating systems. The PUD Guidelines shall be revised to indicate which units are to be built with these systems. The revised PUD Guidelines shall be reviewed and approved by the City's Community Development Department and SPARC. Prior to Certificate of Occupancy of the four units, these panels shall be operational. 4. A privately owned and maintained drainage pipe shall be installed at the rear of Lots ll- 15 that allows abutting Alderwood neighbors the option to connect their drainage into this pipe. Private storm drain easements and maintenance agreements are required prior to Final Map approval. 5. A Deed Restriction shall be recorded on the Title Report of Lot 15 prior to its occupancy stating that the lot was reengineered and that the home was partially built on the former creek bed. 6. Prior to submittal to the Site Plan and Architectural Review Committee (SPARC), the Development Plans shall be modified to include a twelve (12)-foot wide path constructed of quarry finds or a similar all-weather surface. Removable bollards for use by Police and other emergency personal shall be shown at Linnet Lane and the Prince Park property line. The north side path shall be a minimum of ten (10) feet from rear property lines except where (1) narrowness between top of creek and the property line (2) unnecessary grading, andlor (3) preservation of existing native trees does not allow. Exact path placement, landscaping, and lighting shall be reviewed by the Police and Parks and Resolution No. 2002-025 N.C.S. Page 2 Recreation Departments and approved by the Site Plan and Architectural Review Committee (SPARC). 7. Prior to Occupancy, the Fair Disclosure Covenant as required by Mitigation Measure 7b shall be recorded on the title of each property and shall also reference the noise and light associated with the Redwood Empire Sportsplex Association (RESA) facility. 8. The Lighting and Landscaping Assessment District (CLAD) language shall grant Washington Creek Village residents the ability to amend their CLAD to include assessing themselves to maintain Washington Creek as it runs through the subdivision, subject to Sonoma County Water Agency's (SCWA's) approval of a maintenance plan. The. CLAD language shall be submitted to the Planning Division and Parks and Recreation Department for their review and acceptance prior to Final Map approval. 9. Prior to Final Map, the applicant shall indicate on the Improvement Plans a pipe for tertiary recycled water (purple pipe) subject to Water Resources and Conservation Department direction. The tertiary recycled water is intended to be used for landscape needs. From the Planning Division: 10. Before issuance of a Building 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. 11. The plans submitted for Building Permit review shall be in substantial compliance with the Development Plan dated October 12, 2001 and the Tentative Map dated October 15, 2001. 12. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Washington Creek Village project are herein incorporated by reference as conditions of project approval. 13. Upon approval by the City Council, the applicant shall pay the $35.00 Notice of Determination fee to the Planning Division. The check shall be made payable to the Sonoma County Clerk. Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days after receiving Council approval. 14. Prior to the start of construction on Lot 15, the depression at lot 15 shall be excavated of gravel and sand and shall be filled pursuant to RGH Geotechnical and Environmental Consultants' recommendations. 15. Prior to approval of the Improvement Plans, the plans shall show aleft-turn lane on East Washington Street to accommodate anticipated demand pursuant to the Traffic Study. Resolution No. 2002-025 N.C.S. Page 3 Prior to Certificate of Occupancy of any home on the south side of the creek, the left-turn lane shall be accepted. 16. Prior to approval of the Improvement Plans, the plans shall be revised to depict a Class 1 bike/pedestrian/maintenance path on the southerly side of the creek, between the top of the bank and the creek setback line, from property line to property line (eliminating the label "future path" between the southwesterly property line and Bordessa Court). The path shall be constructed to the Parks and Recreation Department's specifications using quarry finds compacted to meet ADA standards prior to Certificate of Occupancy of 80% of homes. The path's exact placement shall be subject to the review and approval of the Engineering and Planning Divisions and the Parks and Recreation Department. 17. Plans submitted for the Site Plan and Architectural Review Committee (SPARC) shall include an Exterior Lighting Plan. Said plan shall include a detail of the types of all fixtures to be installed for review and approval by the Planning staff in regards to the Site Plan and Architectural Review Committee (SPARC) standards for lighting and shall be hooded and project downward, providing a soft "wash" of light. No-glare, low lighting shall be proposed along the Washington Creek bike path and subject to SPARC approval. 18. Prior to issuance of a Building Permit, a "milepost" style sign and its information shall be approved by Planning staff. The sign shall be located along the creek path, near where the path enters Prince Park, prior to Certificate of Occupancy of 80% of homes. The sign shall indicate, via arrows and mileage, various important locations (Lucchesi Park, Old Adobe, Downtown, etc.) and a map shall be posted with off-road paths indicated. 19. Prior to issuance of a Building Permit, the plans shall depict at least four benches, to be approved by the Parks and Recreation Department. Prior to Certificate of Occupancy of 80% of homes, these benches shall be properly installed. 20. The applicant shall be required to utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of pedestrian bicyclists. The. applicant shall be required to post signs when pesticidelherbicide use occurs to warn pedestrians and bicyclists. 21. Prior to Certificate of Occupancy of 80% of homes, all non-native species (such as the Lombardi poplars) along the creek and along the northeasterly property line shall be removed. Native trees shall fill any holes created by their removal. 22. Removal and replacement of the non-native and invasive Lombardi Poplar trees shall be the only in-stream channel work, shall be limited to the dry season (typically defined as April 16th through September 30th), and shall be performed in accordance with conditions specified by the State of California Department of Fish and Game in a Streambed Alteration Agreement. The applicant shall provide a copy of the approved Streambed Alteration Agreement and proof of compliance with the permit conditions prior to Resolution No. 2002-025 N.C.S. Page 4 approval of Improvement Plans or issuance of Grading Permits for work within any channel. 23. Prior to issuance of a Building Permit, the Landscape Plan shall show native trees at the top of the bank with the intent of providing a canopy over the creek. These trees shall be those. canopy trees that naturally occur along this portion of Washington Creek, such as Big Leaf Maple. Bubblers to each tree shall be required for irrigation purposes and shall be shown on the Landscape Plan. Prior to Certificate of Occupancy of 80°Io of homes, the creek side trees and the bubblers shall be installed. 24. Prior to Grading Permit, the applicant shall make every effort to preserve any Fruiting Pear tree so that the neighborhood can have a visual reminder of the land's previous use and history. The applicant shall pay particular attention to trees numbered 54 and 58 in the Arborist Report's amendment, which appear to be the two pear trees outside of any building footprint. Temporary protective fencing shall be erected around the drip line of any pear tree which it is possible to preserve. The trees may be trimmed under the supervision of a licensed arborist. 25. Prior to issuance of a Building Permit, the developer shall enter into an agreement with the City for monitoring of the planted native creek side species for a period of five (5) years. 26. Prior to issuance of a Building Permit, the applicant shall draft a Lighting and Landscape Assessment District (CLAD) to care for 1) the landscaping along East Washington Street, 2) the landscape strips without residences directly to their rear to care for them, 3) the parking island at the end of Bordessa Court (name to be changed), and 4) project street lighting and project creek side path lighting. The CLAD language and a detailed plan of the landscaping and lighting and other documentation as required shall be submitted to the Planning Division and Parks and Recreation Department for their review and acceptance prior to Final Map approval. 27. Prior to issuance of a Building Permit, the creek channel shall be protected with orange construction fencing placed along the top of the bank or five feet outside of tree canopies, whichever is more restrictive. Proof that the temporary fencing has been installed shall be made to the Planning Division by photographs. 28. Prior to issuance of a Building Permit, temporary protective fencing shall be erected five (5) feet outside the drip line of all trees proposed for preservation, including those trees along the northeasterly property line. The fencing shall be a minimum of five (5) feet in height and shall be secured with in-ground posts subject to staff inspection. Those redwoods over the southwesterly property line shall be protected by a temporary fence according to the TreePro Arborist Report dated October 28, 2001 eight (8) feet out from the existing fence for a distance of twelve (12) feet from each redwood. Fencing shall. be installed prior to Grading Permit issuance and any grading/construction activity. Proof Resolution No. 2002-025 N.C.S. Page 5 that the temporary fencing has been installed shall be made to the Planning Division by photographs. 29. Prior to issuance of a Building Permit, the plans shall be modified to accommodate recycling containers in the interiors of the units. 30. All construction activities shall be limited to 7:00 a.m. to 5:30 p.m. Monday through Friday and 9:00 a:m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. There will be no start up of machines or equipment prior to 8:00 a.m., Monday through Friday; no delivery of materials or equipment prior to 7:30 a.m. or after 5:00 p.m., Monday through Friday; no servicing of equipment after 5:30 p.m., Monday through Friday. Plans submitted for City permits shall include the language above. 31. Construction and demolition debris shall be recycled to the maximum extent feasible in order to minimize impacts on the landfill. From the En~ineerin~ Division: The following improvements shall be accepted by the City of Petaluma prior to the issuance of the final 20% of Certificates of Occupancy. Frontage Improvements 32. Ultimate right-of-way dedication of forty-three (43) feet from centerline for the East Washington Street project frontage is required. 33. Frontage improvements for East Washington Street shall include, but not be limited to, six (6)-foot wide on-street bike lane, new pavement section as required for street widening, curb and gutter, sidewalk and streetlights, curb inlets, handicap ramps, sound wall, striping, channelization, signalization, signing and landscaping. 34. The City requires a traffic index of 8 (T.I. = 8) for East Washington Street. The geotechnical report shall identify the existing pavement section and traffic index. In the event that the existing East Washington Street pavement section does not meet T.I. = 8 standards, the developer shall be responsible for reconstructing the existing portions of East Washington Street, from centerline, along the project frontage. An asphalt overlay conform shall be required as necessary to provide a smooth street crown and insure positive cross sectional drainage of two (2)% minimum. Ahalf-street slurry seal shall be applied to the bike lane, travel lane, and left-turn lane along the project frontage to provide a consistent surface. Resolution No. 2002-025 N.C.S. Page 6 35. The pavement sections for the proposed interior streets shall be designed for a traffic index of 5 (T.I. = 5) and shall contain a minimum of four inches of asphalt concrete. 36. A left-turn lane shall be installed on East Washington Street in accordance with the Traffic Impact Study dated April 2001 and City of Petaluma standards. 37. Parking shall be prohibited along the creek side of Linnet Lane and the proposed Bordessa Court (name to be changed), along the Prince Park side of proposed Noriel Lane and within the cul-de-sac, subject to the review and approval of the City of Petaluma. No-parking street signs and red curb shall be installed. 38. City standard sidewalk is required on Linnet Lane (along Lots 16 and 17). 39. Prior to Acceptance of the Subdivision, an off-street eight (8)-foot wide separated two- way bike path. shall be installed along the East Washington Street project frontage, from the end of the existing path near Alderwood Subdivision Unit # 1 to Prince Park, subject to the review and approval of the City of Petaluma. 40. Maintenance agreements/declarations are required for privately shared.. driveways. 41. All Pacific Gas and Electric Company (PG& E) distribution electric lines and other overhead utilities and service drops along the street frontages or traversing the site shall be placed underground. 42. Prior to Acceptance of the Subdivision, the applicant shall install an eight (8)-foot wide maintenance/bike/pedestrian path above and along the southerly East Washington Creek bank. The path shall be joined to the existing natural path located behind Alderwood Subdivision Unit Number One. Final location of the path shall be subject to the review and approval of the Engineering and Planning Divisions and the Parks and Recreation Department. 43. Lot 29 shall access off of the shared driveway for lots 27 and 28. 44. Sound wall construction shall be consistent with adjacent developments and subject to final design approval by the Site Plan and Architectural Committee (SPARC). 45. The East Washington Street transition/conform near Prince Park shall be subject to review and approval by the City Engineer. Sanitary Sewer Collection and Water Supply Utilities 46. Each lot shall have separate sanitary sewer laterals and water services. Resolution No. 2002-025 N.C.S. Page 7 47. All utilities located within private driveways shall be privately owned and maintained through appropriate maintenance agreements/declarations. Grading and Drainage 48. Hydrology calculations for the project shall be reviewed and approved by the Sonoma County Water Agency (SCWA) prior to Final Map and Improvement Plan approval. 49. Hydrology calculations shall include downstream drainage facilities including the Washington Creek box culvert located under Sonoma Mountain Parkway. If the hydraulic capacities of any downstream drainage facilities are exceeded per Sonoma County Water Agency (SCWA) and City of Petaluma criteria/standards/etc. as a result of this project, the developer is responsible for upgrading improvements subject to review and approval by SCWA and the City Engineer. 50. Prior to Final Map approval, the developer is responsible for creating a perpetual maintenance mechanism (CC&R's, Maintenance Agreement) for long-term maintenance within the proposed East Washington Creek dedication area subject to review and approval by the City Engineer. 51. A detailed Geotechnical Investigation Report is required with the Improvement Plan application package including East Washington Street pavement section samples previously mentioned. 52. Lot-to-lot drainage shall not be allowed without drainage/storm drain easements. 53. Grading conforms to adjacent developments shall be subject to the review and approval of the City Engineer. 54. The applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board and provide a copy of the filed notice to the City of Petaluma prior to Final Map approval. 55. The .applicant shall submit a detailed Storm Water Pollution Prevention Plan (SWPPP) in accordance with the latest state standards for review and approval by the City Engineer prior to Final Map approval. The SWPPP shall be available on-site in the job trailer at all times throughout the construction process. The SWPPP and NOI copy shall be submitted with the Improvement Plan application package. The developer and/or contractor shall update the SWPPP throughout the construction process per the latest state standards. 56. A detailed Erosion and Sediment Control Plan is required as a part of the Improvement Plans and is subject to the review and approval of the City Engineer. Resolution No. 2002-025 N.C.S. Page 8 57. The applicant shall incorporate the following Best Management Practices into the Construction and Improvement. Plans and clearly indicate these provisions in the specifications. The construction contractor shall incorporate these measures into the required Erosion and Sediment Control Plan to limit fugitive dust and exhaust emissions during construction. o Grading and construction equipment operated during construction activities shall be properly mufflered and maintained to minimize emissions. Equipment shall be turned off when not in use. o Exposed ,soils shall be watered a minimum of twice daily during construction.. The frequency of watering shall be increased if wind speeds exceed fifteen (15) miles per hour. o The construction site shall provide a gravel pad area consisting of an impermeable liner and drain rock at the construction entrance to clean mud and debris from construction vehicles prior to entering the public roadways. Street surfaces in the vicinity of the project shall be routinely swept and cleaned of mud and dust carried onto the street by construction vehicles. o During excavation activities, haul trucks used to transport soil shall utilize tarps or other similar covering devices to reduce dust emissions. o Post-construction re-vegetation, repaving or soil stabilization of exposed soils shall be completed in a timely manner according to the approved Erosion and Sediment Control Plan and verified by City inspectors prior to acceptance of improvements or issuance of Certificate of Occupancy. o Applicant shall designate a person with authority to require increased watering to monitor the Dust and Erosion Control Program and provide name and phone number to the City of Petaluma prior to issuance of Grading Permits. 58. The applicant shall file a Notice of Termination (NOT) with the California State Water Resources Control Board and a copy to the City of Petaluma upon completion of the project. Easements 59. Ten (10)-foot wide public utility easements are required throughout the development. 60. A one (1)-foot wide non-access easement is required along the East Washington Street frontage. Resolution No. 2002-025 N.C.S. Page 9 61. Public access easements are required for all sidewalks not located within the public right- of-way. 62. Private access, drainage, utility, etc. easements are required. Miscellaneous 63. The Final Map and Improvement Plans shall be prepared in accordance with latest City standards, codes, policies and ordinances. 64. Any existing wells or septic systems located on the site shall be abandoned per County of Sonoma Environmental Health Department standards. 65. The applicant shall submit either a digitized data fee in the amount of ten dollars ($10.00) per lot or provide electronic base map information for updating the City's base map system prior to Final Map and Improvement Plan approval. 66. In order to incorporate a 625 square foot section of land currently owned by the City of Petaluma within Lot 20, the applicant shall make an application for a Zero Net Lot Line Adjustment with or prior to Final Map approval. The location of the 625 square feet to be exchanged shall be subject to review and approval by the City of Petaluma. From the Water Resources .and Conservation Department: 67. Prior to Improvement Plan approval, show ALL existing utilities, including twelve (12)- inch irrigation water main, sixteen (16)-inch (Zone I) water main and new connection to sixteen (16)-inch (Zone 4) water main. Water main connection on E. Washington Street will be connected to sixteen (16)-inch (Zone 4) water main. 68. Developer shall submit water G.P.M. requirements with the Improvement Plan and Final Application Map for domestic and fire sprinkler systems for all new lots so the size of water services can be determined. 69. Prior to Improvement Plan Approval, change water main connection at Noriel and Hawk Drive to a tee fitting with valves and ahot-tapped connection to existing twelve (12)-inch main along property line of Prince Park. 70. Prior to Improvement Plan approval, add water valves (at locations on plans). 71. Prior to Improvement Plan approval, show four (4)-inch sewer stub-in on East Washington Street to this property plugged in manhole and slurry fill the lateral. New sewer will be tied into manhole at intersection of Parkland Way and East Washington Street. Resolution No. 2002-025 N.C.S. Page 10 From the Fire Marshal: 72. Pursuant to Ordinance 2084 N.C.S. any residence submitted after July 1, 2000, is required to be sprinklered. Fire sprinkler systems designed and installed in accordance with NFPA 13-D are required in residential structures when a condition exists such as the structure is in excess of 150 feet from an approved Fire Department access road, the structure cannot accommodate an approved twenty (20)-foot access road to within 150 feet of the furthest portion of an exterior wall, or the structure lacks required turn around. A required fire sprinkler system shall include the extension of sprinklers into the attic, garage, attached porches and carports, bathrooms over fifty-five (55) square feet, closets over twenty-four (24) square feet, or three (3) feet deep, and other attached structures. These systems shall be calculated for two-head activation for the most. remote two heads. Prior to final occupancy, these systems shall be operational. 73. Prior to issuance of a Building Permit, contractors shall submit to the Fire Marshal's office evidence that the required fire flow of gpms is available at the proposed structure. 74. Activation of the fire sprinkler system shall sound an interior alarm that will notify all occupied spaces. 75. No combustible construction above the foundation is allowed unless an approved asphalt surfaced road is provided to within 150 feet of the furthest point of a structure and the fire hydrants have been tested, flushed, and are in service. 76. Prior to the issuance of the final 20% of Certificates of Occupancy, no-parking signs shall be provided for the court and the curb painted red with the words "Fire Lane - No Parking" along the creek side of the 28-foott street width Bordessa Court (name to be changed) as per City Standards. 77. Prior to the issuance of each Certificate of Occupancy, address numbers shall be posted on or near main entry doors. Numbers are to be a minimum of four (4) inches high with contrasting background, and must be visible and legible from street. 78. Provisions for Annual WeedlBrush Abatement of the urban interface and the developed area shall be the responsibility of the developer/property owner. A plan that outlines the criteria for provisions of weed abatement shall be developed. This plan shall be approved by the Fire Marshal's office prior to approval of Final Map of the project. This plan shall include conditions for fire-safe landscaping, firebreaks and shall be in accordance with "Fire Safe Standards" developed by the State of California. 79. Prior to any aboveground construction, fire hydrants shall be installed and operational every 300 lineal feet. No structure or Fire Department sprinkler connection shall be in excess of 150 feet from a fire hydrant. Resolution No. 2002-025 N.C.S. Page 11 80. No combustible construction above the foundation is allowed unless an approved asphalt surfaced road is provided to within 150 feet of the furthest point of a structure and the fire hydrants have been tested, flushed, and are in service. 81. Prior to Improvement Plan approval, proposed streets and cul-de-sac shall meet the City of Petaluma turn radius and street width requirements for parking on both sides of street. 82. Cul-de-sac turn radius for the City of Petaluma is R=47' with no parking. 83. Fire-safe roofs are strongly suggested for this development. For construction activities involving storage of chemicals or hazardous materials on-site, the applicant shall file a declaration form with the Fire Marshal's office and shall obtain a Hazardous Materials Storage Permit. If hazardous materials are to be used or stored on-site, the. applicant shall prepare a Risk Management Plan (RMP) for approval by the Fire Marshal. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the A roved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting _ on the .........25th day of February 20..[).2, by the following vote: •••••••••••••y••••••• Ci Attorne AYES: Vice Mayor Healy, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES: Cader-Thompson, Maguire ABSENT: e ATTEST: City Clerk Mayor Council File Res. No. ........Z.QO2r.Q25.......N.C.S.