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HomeMy WebLinkAboutAgenda Bill 3EPart1 06/21/2010~ A' L U~ a '~ .3~ ' L858 DATE: TO: FROM June 21, 2010 ~l~-ev~.da~ It~vw #3.~ Honorable Mayor and Members of the City Council through City Manager Geoff Bradley, Planning Manager SUBJECT: Resolutions for the Sunny D Project located at 216' Surmyslope Avenue and 1311 D Street, APN 019-130-011 and 019-130-049 (continued from May 17, 2010) RECOMMENDATION It is recommended that the City Council take the following actions: 1. Adopt the attached Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sunny D PUD Modification and Tentative Parcel Map located at 2'16 Sunnyslope Avenue and behind 1311 D Street, APNS 019- 130-011 and 019-130-049 City File Number: 09-TPM-0134-CR (Attachment 1). ~ 2. .Adopt the attached Resolution Approving a Modification to the Sunnyslope Planned Unit District -Development Standards relating to the Sunny D Project at 216 Sunnyslope Avenue and behind 1311 .D Street, APNS 019-130-011 and 019-130-049 City File Number: 09-TPM-0134-CR (Attachment 2). 3. Adopt the attached Resolution Approving a Tentative Parcel Map for the Lands of Sunny D at 216. Sunnyslope Avenue and behind 1311. D Street, APNS 019-130-011 and 019- 130-049 City File Number: 09-TPM-0134-CR (Attachment 3). BACKGROUND The City Council reviewed the proposed project on May17, 2010. After hearing from staff, the applicant, and taking public testimony, the Council deliberated and recommended that the project be continued in order to allow tune for the staff and the applicant to address concerns of the Council. DISCUSSION At the May 17`" Council meeting, the Council directed staff to provide additional information on the following issues: Agenda Review: ~. Div. Manager City Attorney .Finance Director~_ City Manag Tlie Council requested. that staff provide additional.mformation pertaining to the Sunnyslope Annexation regarding the assessment and the lot capacity which was assumed in the assessment: At the time ofthe formation of the Sunnyslope Assessment.Dstrict and Sunnyslope annexation, the EIR certified for the actions showed potential additional development areas not part of the assessment, district. (Attachment 4). The information shows that each of the two .lots proposed to be subdivided in this project:had an assumed additional residential development capacity of 2 future dwelling units. In 2008, General Plan 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 20.06 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 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 specific parcels lend. well to a 'possible parcel map for small infill development (see Attachment 5; Discussion Paper West Hills 8b). The discussion paper included the subject property(lands of Asbell, Irwin/Neiuwboer, Foley, and Mills, 216 Sunnyslope Avenue, 1309 D Street, 1311 D Street and' 1315 D Street, APNs 019-130-011, 019- 130-046, 019-130-047, and 019-130-041). General .Plan Policy 1-P-5 provides that "The unit yield calculation historically used in the Sunnyslope Assessment District, per the 1985 annexation, is superseded by the applicable density ranges in the General Plan. Any parcels. ancUor uts that are created in the future that were not contemplated by the original assessment and. unit yield calculation will be required to pay the full cost of any additional infrastructure (sewer, water, etc) needed to support those new parcels/units." These parcels are included in the Sunnyslope PUD but were excluded from the assessment process as they do not benefit. from the public improvements funded by the Sunnyslope Assessment District. None' of the, .proposed lots. irripact the improvements put in for the Sunnyslope Assessment District because access, sewer and water are all from D Street and the project mitigates storm runoff to pre-development condition. The ,proposed five total' lots on 1.47 net acres (excluding the shared driveway area) represent 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 pursuant to the. 2025 General Plan. ® Staff to comeback with more detail of the maintenance agreement and the funding mechanism that will be n,place. The applicant,and staff have worked. on additional .language gn.how to structure the maintenance _, .agreement for..funding, responsibility and reporting. Condition:#27 has been modified to address the concerns of the: Council. . a m The. remainder parcel shall be required to come back to. Planning Commission and Council if a future subdivision is requested. Applicant has ,agreed #o a condition requiring any future.. subdivision of the remainder parcel to be .reviewed by the Planning Commission and City Council. Normally, the Subdivision Map Act would:require a tentative subdivision map (and Council approval) if further- subdivision was proposed 'by the same owner as this project, because future parcels would` be "tacked' acid added to the four created here `for a total of 5 or more parcels: This Map Act requirement would... not apply if future subdivision of the remainder parcel were to `be proposed by a subsequent owner not related to SunnyD LLC. In that case, the City's Subdivision Ordinance provides 'that the .Planning Director and City Engineer. shall act on parcel ;maps. for four or fewer units. However, the voluntary '' condition will require Planning Commission and Council review (Condition #Y2). ® Staff and the. applicant to determine a floor~area ratio (F.A.:R.) number and/or a maximum percentage ;of'mpervious surfaces, that tivould be permitted on each parcel. The applicant has provided -three .multi-hydrograph plots (see Attachment 8). This exercise demonstrates that the storm-water detention/storage of the designed improvements. is adequate~to handle runoff for the project regardless of the percentage of site coverage. Staffalso reviewed'the Cty''s Implementing Zoning: Ordinance (IZO) with regard to floor area ratio and lot coverage'requrernents: in.other residential zones. Per the Implementing .Zoning Ordinance;. floor urea ratio is defined; as. thee.-gross .floor area of all buildings on a lot divided by the building site area. Lot or site "coverage" is defined in the IZO as the percent of total site :area; covered by .structures, open or enclosed, excluding uncovered steps; patios and terraces. The IZO, definition of coverage does not include impervious surfaces: Typically, the residential zoning districts.'n the IZO do :not have site .coverage or floor area requirements with, the ,exception of the R4 zoning district which has a minimum lot size. of 3.,50,0 SF and a 'maximum 60% site coverage .requirement. In the proposed R2 zoning district. 'the minimum. parcel size per the Implementing Zoning Ordinance is 6,000 SF. The proposed project parcel sizes range from. 8,937 SF to 1.4,500 SF (gross 'SF). The setback requirements for the R2 zone which regulate the siting and ,coverage of a lot, are as follows: ;Front 20', sides 5' (each aide), rear 20'. They Council direction -was: to arrive. at a maximum. impervious percentage for the proposed project, .Impervious surfaces are mainly pavements. (roads, .sidewalks; driveways, and parking lots) that are covered by :impenetrable materials such as asphalt, concrete, brick, stone and swimming pools. The applicant has agreed to restrict maximum site coverage plus impervious surfaces to a total of 60% of ..each subdi=vided parcel. This would allow for approximately 40% buildng/structure coverage and 20% impermeable surfaces coverage, but would not restrict: bu'ild'ing coverage separately from other impervious coverage. Staff added a condition of approval (Condition #13) and a further ,modification to the development standards to reflect this restriction. See Attachment 2, Exhibit A, for a table of how this development regulation would affect each of the lots. ® Staff and the applicant shall review the entrance from D Street in terms of traffic safety. Attached: is an exhibit illustrating the site distance along D Street which should address any questions/concerns the City Council may have had regarding the adequacy of sight distance along D Street The illustration demonstrates that the width of the private road is adequate such that egress from the property does not _nterfere with the ingress of vehicles from either the north or the south. Near the access to -1311 D Street, the ,Suring D development; the posted speed .limit on D Street changes from 35 M.P.H. to 45 M.P. H. in the southbound direction and vice versa traveling northerly (Attachment 7). Per the 2007 Caltrans Highway Manual the stopping sight distance for a posted speed of 45 MP:H. is 3:60 ::feet. The illustration shows that for a vehicle positioned. for egress from the private road with the. driver's view originating ,fifteen (15) feet behind .the edge of the twelve (1,2) foot travel way, a vew•of more than 360 feet, can be achieved. The 15=foot is a minimum for'intersections at, a .State Highway and is used under this circumstance since Caltrans does not have a standard fora more urban setting with a private road. ® Council requested that'the Greenpoint rating required" for these parcels be increased as • . much as possible and agreed to by the. applicant. . The applicant has agreed to increase the Greenpoints from the previously required 50 to 75. The following Air Quality Mitigation Measure has been modified to require 75 Greenpoints. Air Quality AQ-1; `New houses at lots 1-4 shall achieve at least 75 Greenpoints under the current residential Build It Green program. .Prior to:~buil'ding permit issuance; the Greenpoint Cfiecklist shall be submitted and the building. permit plans shall depict/note the relevant • measures. .Prior to building permit final, each house on lots 1-4 shall be GreenPolnt Rated. FINANCIA><. IMPACTS: The; Project is subject to cost based fee recovery. As of June 14;;2010; the applicant. has paid $25,237.60 in development revew,application fees. There is a minor outstanding balance which is expected to be paid shortly. 4 A:'I'TACHIVIENTS 1. Resolution of the Petaluma City Council City Council Adopting a Mitigated Negative Declaration, and Mitigation Monitoring and. Reporting Program for the ;Sunny D PUD Modification and Tentative Parcel.lVlap Exhibit A-Sunny D Mitigation Monitoring and Reporting Program. 2. Resolution of the City Council of Petaluma.Approving aModification to the Sunnyslope Planned Unit District Development, Standards'Relating to'the Sunny D Project. Exhibit A -Parking Modif cation to Development Standards Exhibit B - Sunny D PUD Development Standards 3. Resolution of the City Council of the City of Petaluma Approving a Tentative Parcel Map for the Lands of Sunny D Exhibit A -Conditions of Approval 4. Sunnyslope. Assessment District ® Additional. development~area map ® .Assumed additional. residential development capacities tables 5. General Plan -General. Position -Topic Discussion/Positon,Paper 6. Private Storm Drain System. Operation and Maintenance Program for Sunny D Development 7. Site distance along D Street .exhibit 8. Impermeable. Lot Coverage Hydrographs 9. Language on how to structure the: maintenance. agreement for funding, responsibility and reporting 10. Table showing Results of'60% Impervious Lot Coverage on a per Lot:. Basis. 11. Plans (11 x.17) 12. Pow,erFont°presentation 5 r~'TT'ACHIVIEIV'I' 1 RESOLUTION OF THE CITY~OF P,ETAI.UIVIA CITY C®iTN.CII: ADOPTING A 1VIITIGATED NEGATIVE DECI.AR'ATI®N:AND 1VIITIGATION MONITORING.AND REPORTING PROGRAM FOR THE SUNNY D`PiTD MODIFICATION AND TENTATIVE. PARCEL MAP LOCATED AT'216 SUNNYSLQPE AVENUE.:AND.BEHIND 1311 D STREET, APNS 0,19-.130-011 AND A19-130-049 , City File Number: 09-TP1VI-0134-CR WH~ERE'AS, Steven J. `Lafranc_hi. submitted, applications (09-TPM-01.34-CR) to the City of Petalumaxcgarding the properfylocated at 216 Sunriyslope Avenue and behind 1311 D Street, APNs 01.9-13:0-:0.11 and 01-9-130=049 for- a PiJD Modification. aril 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 onMay 1`9, 20Q8; and WI=IEI2EAS; -in evaluating certain potential en"vironmenfal effects of the Project in the Initial Study, including but not limit'e'd. to effects of climate change, water supply, and traffic, the City relied on the program'E1R for. ahe City of Petaluma General •Pl`an 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 WHEREA$; the General Plan E1R identfied• pgtentially significant environmental impacts and related' mitigation measures and the City also adopted a Statement of Overriding Considerations,forsigmficant impacts that could not be avoided; .and WHEREAS, the City prepared. an Initial Study for °the proposed Project. consistent with CEQA Guidelines sections. 15162 and 15163 and determined that a Mitigated Negative Declaration' was required in order to analyze the potential for new or additional significant environmental impacts of the Prgj,ect beyond those identified in the General Plan E1R; and WHEREAS,, on or before October 5, 2009,. the City's Notice of Intent, to Ad`opt` 'a 1Vhtgated Negative Declaration. based on -the Initial Study, providing fora 20-day public comment. period ~cominericing Qctober'7, 2009 and ending October 27, 2009 was published and. ._ mailed-to a_lI residents and property owners within 500 feet of the Project; and WHEREAS, on or'before :December 10, 2089, 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 resid`erits .and property owncrs~wthin 500 =feet of the Project; and G WHE~AS, at~.its December 22;'2009 hearing the Planning Commission officially acted to continue the ,project to January 12, ,2010, as had been previously noted by the December 22, 2009 Planning Commission agenda; and W~IEI2~AS, a staff report dated. January 12; 2010 and incorporated herein. by reference, described and .analyzed 'the- Project and the ..Mitigated Negative -Declaration, including its supporting technical studies and reports;. and' WHEREAS, the Project makes. io sub~stantai or incrementally considerable contribution to the significant and.. unavoidable. cumulative:-traffic and/or noise impacts identified m the General Plan 2025 EIR because offits small. size Viand location; sand `WY~EItEAS~, as fo the incremental. contributor of the Project to cumulative climate Chan e, the Initi ~ y ti ated Ne ative Declaration analyzed additional information g al Stud and 1Vli g g regarding; the Project and determined that Project is consistent -with all current State measures andGeneral .Plan 202'5 policies regarding greenhouse. gas reduction, but.. also that after careful • ~ .,ontributions to climate change. investigation, because of the difficulty of determining individual c from projects as small as three new developable smgl'e-family~resi ' ;the Project's. direct and/or incremental: contribution to cumulative climate change isdt otlspe~ulative to determine; and W~IE~AS, :relating to ,potential 'impacts .on air. quality from General Plan build-out population exceeding the Bay Area 2005 'Ozone Strategy population estimates, the Project adds only three potential new residential.. dwellings of the General'Plan 2025 build-out estimates of 60.05 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 personsiper household. Therefore;•the Project's direct impact is too small to be considered sgni_ficant:and its contribution to the cumulative air quality impact from .. exceeding the Bay Area2005 OzoneStrategy population estimates is not considered cumulatively, considerable; and WHEREAS; there: is no substantial .evidence' in light, 9f :the whole record before the City that the~proposed Project as mitigated will have a significant effect on the: environment; and WIIERE`AS, the Planning Commission held' a public =hearing on January 12, 2010, during°which the Commission considered the~Project and the Mitigated Negative Declaration and received .and considered ;alT~, written and oral public ,comments on environmental effects of the Project which were submitted .up to :and at the time, of the~.public+hcaring; and WHEREAS, on January 12; 20;1.0, 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 1Vltigated Negative Declaration and the Mitigation 1Vlonitonng sand Reporting Program and recommended -adoption of the Mitigated Negative Declaration; and WI~EREAS,; on .May 17, 2010 the Petaluma City Council reviewed the Mitigated, N'e ative.Decl'aration, all su ortin documents including but: not,lmi'ted to the Initial Study, the $. pP g recommendation of the Planning Commissign, staff reports and related materials; .public comments and .all evidence :presented at or before anoticed- public hearing on January 12, 20:1:0 at which time all interested parties had'the opportunityto be Beard; 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°is-:not located on a site li'sted.on any Hazardous Waste Site List compiled by the State pursuant to Section'65962.5 of the California Government Code; and WIIEREAS; the 1Vlfgated 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 and environmental documents, including the :prior .General Plan EIR and: all of the documents incorporated herein by reference, are available for review in the City Planning Division at Petaluma Crty Hall, during. normal business hours. The ,custodian of .the, documents and other materials which ~const_itute the record of proceedings for the :proposed protect, File No.. 09=TP1VI-013:4, is: the City of'Petaluma Planning Division, 11 English St. Petaluma, CA 94952, attn: Irene Borba. .NOW, TIIEItEFORE' ~E~IT RES®LVEI) THAT:{ The foregoing. recitals are true and correct and made a part of this resolution. 2. The City Council finds that thc~ Mitigated Negative Declaration, including the Initial Study dated, October 7, 2b09; its supporting studies and documents, and all information referred 'to and/or incorporated; .herein provides an. adequate description of the impacts of 'the Project. in compliance with CEQA, the.: State CEQA Guidelines; 'arid. the City of Petaluma Environmental. Guidelines, rand adopts the Mitigated: Negative Declaration. There is no substantial evidence in light of .the whole record. before the City that. the proposed Project as ~- -- mitigated will lave a significant effect on the environment. 3. The City Council adopts the Mitigation and Monitoring and;Reporting Program set forth in Exhibit A hereto. aril incorporated herein by reference. .All mitigation measures contained therein,shall be conditions of approval of the Project. '20.10 b thefollowin vote:. PASSED AND ADOP'PED this day of y g AYES: NOES: AE$ENT: w~~LU~ City of Petaluma, California a 9 Community Development Department Planning Division jssg 11 English Street, Petaluma, CA 94952 Pr®Dec~ dame: Suo~ny ®Pr®jec4 File i*lumber: ®9-7'PiVI-®134-Cit t4ddress/L,®catione 216 Sunnys9ope Avenue and behind 1.311 i) street Rep®rtong/i~®nit®r~n~ ~ Rec®rd ~ ~(~t~gat~~n ea$ures 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. Department Requested By or Due. Date PD Planning Division FM Final Map FM .Fire Marshal BP Building: Permit ENG Engineering CO Certificate of Occupancy , BD Building Division SPARC Site Plan and' Architectural Review Committee LTM Long-Term 1Vlonitoring jai '• 1 Alf Quality: Mitigation IVleasures AQ-1: New houses at lots 1-4 shall achieve at least. 75 GreenPoints under the BD BP current residential Build It Green program. Prior to building permit issuance, the PD GreenPoint Checklist shall be submitted .and the building permit plans shall depict/note the relevant measures. Prior to building permit final, each house on lots 1-4 shall be GreenPoint Rated. BD CO PD Biology: IVlitigation Measures Bio-l: Prior to improvement plan/building permit approval: PD BP • 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 driplne. I)epaa'tment lteguested~By or Due Date PD Planning Division FM Final Map FM Fire Marshal BP Building Permit ENG Engineering CO Certificate of Qccupancy BD Building Division SPARC Site Plan and Architectural Review Committee LTM Long-Term Monitoring t _~~- y ~ r J i J'', - - -ter Department PD Planning Division FM Fire Marshal ENG Engineering BD Building Division LTM Long-Term Monitoring Reguested,ly or Due Date FM Final Map BP Building Permit CO Certificate of Occupancy SPARC Site Plan. and Architectural Review Committee ~. s -.. . fi_ y. J ~ r' ~y • 1 ~.-t~ 1~ IMPLEMENTfITIUN: • 1. The applicant shall be required to obtain all required permits from responsible NG BP agencies and provide proof of compliance to the City prior to issuance of grading pp permits. or approvals of improvements plans. 2. The applicant shall incorporate all applicable code provisions and required ENG BP mitigation measures.. and conditions into the design and improvements plans and pp specifications for the project. ENG/ 3. The. applicant shall notify all. employees, contractors, and agents involved in the BP project implementation of mitigation measures and conditions applicable to the PD - project. and shall ensure compliance with such measures and conditions. Applicant~shall notify all assigns and transfers of the same. ENG/ 4. The applicant shall provide for the cost of monitoring of any condition or BP mitigation measure that involves on=going operations on the site or long-range PD - improvements, such as archaeological resources, etc. MONITORING: 1. The Building. Division, Planning Division, Engineering Section and Fire NG FM Departments shall.. review the improvement and construction plans for pp gp conformance with the approved project description and all applicable codes, conditions; mitigation measures, ,and permit requirements prior to approval of a FM site design review, improvement~plans; grading plans, or building permits. 2. The Planning Division shall .ensure that the applicant has obtained applicable _ ENG BP required permits from all, responsible agencies and that the plans and specifications conform to the`permit requirements prior to the issuance of grading pp or building'pemuts. 3. Priorto acceptance of.improvements orissuance of a Certificate of Occupancy, all rovements shall be subject to inspection by City staff for compliance with the i ENG CO p mp project description, permit conditions, and approved development or improvement p plans: Department ~ lteguested.By or Due Date PD .Planning Division FM Final Map FM Fire 1Vlarshal BP ;Building Permit ENG Engineering CO Certificate of Occupancy BD Building Division SPARC Site Plan. and Architectural Review Committee LT1V1 Long-Term Monitoring /3 CONSTRUCTION MEASURES: 1. The applicant shall designate.a protect manager with authority to implement all ENG BP mitigation measures and conditions of approval .and provide name, address, and pp phone numbers. to the City prior to issuance of any grading permits and signed by the contractor responsible for construction. 2. Mitigation measures required during construction shall be listed as conditions on PD BP the building or grading permits and signed by the contractor responsible for construction. 3. City inspectors shall insure- that' construction activities occur with the approved E G CO plans and;conditions of approval. PD 4. If deemed appropriate by the City;. the applicant shall arrange apre-construction ENG BP conference with the: construction contractor, City staff and responsible agencies to pD re~iew`the mitigation measures and conditions of approval prior to the issuance of grading:and building permits. ~~ ATTAC~IIVgENT' 2 A RESOI.UTION.OF~ THE CITY COUNCIL B'I~ CITY OF PETALUMA APPROVING A MODIFICATION TO THE SLPNNYSLOPE, PLANNED UNIT DISTRICT DEVELOPIVIENT STANDARDS RELATING'I'.O".THE STNNY D.PROJECT AT 216 SUPTNYSLOPE AVENUE AND BE~IIND 1311 D STREET, APNS 019-130-O11:ANID "019-130-049 City File Number: 09-~'P1V1-0134-CR W~IEREAS, Steven J. Lafranchi submitted 'an application to the .City of Petaluma to modify the Sunnyslope Planned Unit District (PUD) Development Standards for the 1.64 acre property located aY 216 Sunnyslope Au:enue and behind 131;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' recommended by resolution approval of the modification to the Sunnyslope PUD Development Standards; and W)FIEREAS, on May 17, 2010, the City Council held a, duly noticed public hearing to consider the modification to the Sunnyslope PUD Development Standards and the tentative parcel map for the°project; and NOW, `I'~IEREFORE, DE~ IT' 1tESOLVED THAW: The Petaluma City Council hereby approves the Sunnyslope Planned Unit District (PUD) Development Standards applicablerto the Project set forth iri Exhibit A hereto and-incorporated herein by reference, as modified therein, based on the following. findings: A. The amendment is proposed. for property which has a suitable relationship to D Street .and Sunnyslope Avenue,. and those thoroughfares are adequate to carry any additional traffic generated by the development. B. The Project, subject to the modified Development Standards, presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties, and adequate landscaping and/or screening is. included to insure compatibility. C: The natural and scenic qualities of the site, namely the trees; are protected and the setback requirements of the Development Standards will ensure adequate private spaces. D. Development,ofthe 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. I> 1. The proposed modification of PUD Development Standards serves the. public necessity, convenience, and general welfare because it will allow for infill development consistent with the Petaluma General. Plan 2025. 2. The proposed amendment. is in general conformity with the Petaluma General Plan 2025 because the proposed five total lots on .1.47 net acres (excluding the shared driveway area) represents a density of 3.4 units to the net acre, within the allowable Low Density Residential density range of 2.6 to 8.0 units to the net acre. Exhibit A Modification to Development Standards The PUD Development Standards applicable to the Project set forth. herein are modified so that: (i) The parking section reads, "see Chapter 11, except that a total of five on-site spaces is required for Parcels 1 though 4' .and (ii) Parcels 1 through 4 shall have a total 60% maximum of site coverage plus other impervious surfaces. This standard allows approximately 40% site coverage, as defined in the Implementing Zoning Ordinance, and 20% coverage by other impermeable surfaces, but does not restrict site coverage separately from other impervious surfaces, provided that the total of site coverage plus other impervious surfaces does not exceed 60%. Impervious surfaces not included. in site coverage include, but are not ,limited to pavements or surfaces (roads, sidewalks, driveways, and.. parking .lots) that are covered by impenetrable materials such as asphalt, concrete, brick or stone; and swimming pools /~ - ~ b.JLe... _,. ~. . - Exhibit A - PUD;DevelopmenYSfandards foe Sunny'D -.at&.behind 216 Sunnyslopc Avenue and behind 1311 D Street, APNs OT9-130-O1 l and 019-130- 049 ' The.PUD Development<Standards applicable ao the Project et forth in;Ezhibit A hereto are modified so that the parking section reads, "see • Chapterll, except-that a total of fiveon=sire spaces is required for,Parcels a through 4". The,PUD Standards applicable to.the.Projecf--set forth in'Ezhibit A are modified to require a~maximum lot coverage. requirement; maximum building of coverage 40%.and 20% impermeable lot coverage ' _ ., _ . ` ` ZONES DEVELOPMEidT STAAID~RDS~ ~ - . 7ABl.E4:8 = R2 _ .. - - -Re uire>c~elat;b. ;:Zone _. _.._~y. - ". • - I Deyefoptnent-Feafnre .Resideutisl2 - _ -- - - . Minimum area. Minimum width 30 Interior lot Comer lot 55 Setbaelai ericro6cFirnents: See'Cl priJriary structure land,vse. Front • 20:fl Side- Inferior (each). 5 ft Side:-Street side • Crttner Lot I O fl _ Reverse Corner Lot }S:ft Rear 20-fl Garage front '20 ft Detached Accessory •Stivdure • Front Nof P,crin Side- Interior (cash) •4 ft. Side-Street .10:8 R rar 5 ff Site coverage ~•~~•°•:". "."--, ~--,- 40% tiuildingaot;~ M~imurn,coverage s 20% impermeable trucdxe Primary • Accessory stiuchhrre; se 10%; of the requrred: detached,.. °wSichever•: `Flel'ght;lirnif •Masfr+ririi'cTloivaEle:li t - Iviazimumheigtit e a rireasdeenentT•e Priacipal'Building+~, _ 25 R Accesstiry?'Structiue: 1S ft • Access : ;!)vrdlin 21 ft Paridng Slgn~.- is 1'0% or xl'1_. ei 20. miried'liy or eru 1 to d speck Ordnance No. 230D N:CS. • Slinn D U9=TPM-0134-CR .~ AT`TACI~MENT 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING A TENTATIVE PARCEL MAP FOR THE LANDS OF SUNNY D AT 216 SUNNYSLOPE AVENUE AND BEHIND 1311 D STREET, APNS 019-130-011 AND 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 019-130-011 and 019-130-049, into four lots and a remainder parcel, as follows: Proposed Gross Area ~ Net Area Development Parcel 1 0.33 acres (14,501 SF) 0.18 acres (8,052 SF) Vacant Parcel 2 0.26 acres (11,424 SF) 0.24 acres (10,504 SF) Vacant Parcel 3 0.21 acres (8,937 SF) 0.20 acres (8,888 SF) Vacant Parcel 4 0.22 acres (9,692 SF) Same ~ Vacant Remainder 0.62 acres (27,018 SF) Same Existing House WHEREAS, the City's Planning Commission held a duly noticed public hearing on January 12, 2010, to consider the proposed PUD modification and recommended approval of the proposed Tentative Parcel Map with conditions; and WHEREAS, on May 17, 2010, the City Council held a duly noticed public hearing to consider the modification to the Sunnyslope PUD Development Standards and the tentative parcel map for the project; and WHEREAS on May 17, 201.0, the Petaluma City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project in compliance with CEQA, the State CEQA Guidelines, and the City of Petaluma Environmental Guidelines; and WHEREAS, the proposed Tentative Parcel Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Petaluma Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act; and WHEREAS, the proposed subdivision, together with provisions for its design .and improvements, is consistent with the City of Petaluma General Plan 2025 (General Plan); and WHEREAS, the proposed subdivision is consistent. with the Planned Unit District Development Standards for Sunny D, as modified by Resolution No. 2010- N.C.S.; and WHEREAS, the proposed subdivision, together with provisions for its design and 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 l~ WHEREAS; 'the: proposed .subdivision, together with provisions for its .design and improvements, is appropriate to the surrounding area- and with the surrounding uses; and WIIEREAS, the site is physically suitable for the density and the type of development proposed. N®W, TI~EItEFORE, BE IT IZES®LVEI) that. the Petaluma City Council approves the Tentative Parcel Map, based on the .foregoing recitals which are incorporated herein by reference as findings, and subject to the conditions of approval set forth in Exhibit A hereto: ~~ Exhibit A C®N®®~/ONS ®F s41 PP9~®1/.4L .Sunny D at 216 Sunnyslope Avenue. and behind 1311 D Street, APNs 019-130-011 and 019-130-049 City File Number: 09-TP1V1-0134-C12 From Planning Division: 1. Final map and improvement plans shall be in substantial conformance with the approved tentative parcel. map plans submitted to the Planning Division and date stamped December 7, 2009, except as modified by these conditions of approval. 2. Within two days of approval by the City Council, the applicant shall pay the Notice of Determination fee and State-Department of Fish and Game fee to the project Planner, by means'of check(s) made payable to the Sonoma County Clerk (as of May 2009 the Notice of Determination filing fee is $50; as of January, 20'10, the Fish and Game fee is $2,010.25; .applicant shall contact the County Clerk at (707) 944-5500 to confirm amounts prior to submitting.. checks). Planning staff will file the Notice of Determination with the County Clerk's office within five (5) days of receiving Council approval, provided required fees have been timely paid by the applicant. All mitigation measures approved as part of the Mitigated Negative Declaration for the Project shall be implemented as conditions of approval. 3. Prior to ..Final Map approval, a. The Map sfiall note and the parcel 2 deed shall include the language that: To ensure continued preservation of oak trees and other native trees, native California bay trees 17 and 18, "Bay trees 17 -and 18 shall. be protected and maintained and no construction or impervious surface is permitted within their drip line. As the arborist report notes that both native California bay trees have extensive decay, if either tree declines to the point where a certified.. arborist recommends its removal, it shall be replaced by a 24- inch box-sized locally-native tree, subject to staffrevew and approval". b. The 1Vfap shall note and the parcel 3 deed shall include the language that: To ensure eontnued~preservation oak trees and other native trees, of native oaks 29, 30, and 31, "Oak trees 29, 30, and 31 shall be protected and maintained and no construction or impervious; surface is permitted within their drip line." No parking shall be allowed in the drip-line of oak and native trees. c. The Map shall note and the parcel 4 deed. shall include the language that: To ensure continued preservation of native oaks 19 and 23 and.redwood 22, "Oak trees 19 and 23 and redwood 22 shall be protected. and maintained and no construction or pervious :~~~ surface is permitted within their drip line." No parking shall be allowed in the drip- line of`oak and native trees. d. The Map shall. note and the remainder parcel deed shall include the language that: To ensure continued preservation of native oak 19, "Oak 19 shall be protected and maintained and no construction or impervious surface is permitted within its drip line." No parking shall be allowed in the drip-.line of oak and native. trees. 4. Prior to issuance of any permit for the site improvements, submit proof of completion of the following to the Planning .IDivision in the form of a letter (pruning) and photographs (fencing & mulch) from a certified arborists. All work shall be performed by a certified arborist: Regarding Oaks identified as 19, 23, 29, 30, & 31, redwood 22, and bay 17 and 18: a. Install temporary protective fencing at the edge of'illustrated drip-line or the edge of approved construction prior to grading on the- site. The fencing shall be cyclone secured. with in ground posts; :and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing, grade within the fenced portion of the drip-line. Route drainage swales and underground. work outside the drip-line where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. .Suitable mulch must contain bark 'fines'. Maintain this layer ofmulch-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 ivyfrom the trunk. £ Regarding redwood 22 and oak. 23, minimize the depth of the surface drainage Swale to no more than 8 inches and increase the wdth.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 from a certified arborists. All work shall be performed by a certified arborist: a. Install. temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing .grade within the fenced portion of the drip-line. Route drainage swales and underground work outside the drip-line where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. Suitable mulch must contain bark 'fines'. Maintain this layer of mulch throughout construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards. ~~ e. A security deposit shall be posted to cover the value of the trees specified above. See section 17.060E for further 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 from a certified arborists. All work shall. be performed by a certified. arborist: a. Install temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing grade within the fenced portion of the drip-line.. Route drainage swales and underground work outside the drip-line where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. Suitable mulch must contain bark 'fines'. Maintain this layer of mulch throughout. construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards. e. ~ A security deposit .shall be posted to cover the value of the trees specified above. See section 17.060E 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) and photographs (fencing & mulch) regarding native oaks 19 and 23 and redwood 22 from a certified arborists. All work shall be performed by a certified arborist: a. Install temporary protective fencing at the edge of illustrated drip-line or the edge of approved construction prior to grading on the site. The fencing shall be cyclone secured with in ground posts, and shall be a minimum of 5' in height. Maintain fencing in place for duration of construction. b. Maintain existing grade within the fenced portion of the drip-line. Route drainage swales and underground work outside- the drip-dine where possible. c. Place a 4 inch layer of chipped bark mulch over the soil surface within the fenced drip-line prior to installing temporary fencing. Suitable. mulch' must contain bark 'fines'. Maintain this layer of mulch throughout construction. d. Prune to clean and reduce end weight of the canopy per International Society of Arboriculture pruning standards. e. A security deposit shall be posted to cover the value of the trees specified above. See section 17.060E for .further details. 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. .Prior to the:issuance of a building permit for a new residential unit, those plans shall note: ~- `~ a. The installation of high efficiency heating. equipment (90% or higher heating/furnaces) and low NOx water heaters (40 or less) in compliance with General Plan Policy 4=P-15D (reducing emissions in residential units) and b. That all. exterior lighting be directed down and shielded to prevent glare and intrusion onto. adjacent properties, and lights attached to buildings shall provide a "soft wash" of light against the wall and shall generate no direct glare. 9. Any new or replaced fence or gate requires a separate fence permit. 10. Plans submitted for building permit shall note that front -lawns shall be prohibited. 11. Plans submitted for building permit shall include that all proposed residences shall be pre-plumbed for solar. 12. Any future subdivision of the remainder parcel shall be reviewed by the Planning Commission and approved. by the City Council 'This requirement shall be imposed as a written deed restriction executed by the applicant and recorded against the remainder parcel in the Official Records of Sonoma County. 13. .Parcels 1 through 4 shall .have. a total 60% maximum of site coverage plus other impervious surfaces. This standard allows approximately 40% site coverage, as defined in the Implementing Zoning Ordinance, and 20.% coverage by other impermeable surfaces, but does not restrict site coverage separately from other impervious surfaces, provided that the total of site coverage plus other impervious surfaces does not exceed 60%. Impervious surfaces '.not included. in site coverage, include, but are not limited to pavements or surfaces (roads, sidewalks, driveways, and parking lots) that are covered by impenetrable materials such as asphalt, concrete; brick or stone; and swimming pools.. Plans submitted fore building permit shall provide ;a breakdown of the lot coverage for each of the parcels for review and approval. 14. Construction activity on improvements required by this map shall be limited to Monday through Friday 8:00 a.m. to 5:30 p.m. Interior-only work may be conducted on Saturdays from'9:00 a.m. to 5:00 p.m. Construction is prohibited on Sundays and all federal, state, and local holidays. This condition is more restrictive than the construction hours stated in Article 21 (Performance Standards) of 'the Zoning Ordinance because of the Project's proximity to residential uses. 15. 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. 16. If a concentration. of:artfacts 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 `h. 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. 17. The project is subject to all applicable development impact and other fees. 18. 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. 19. The conditions of approval frorri the. Foley Parcel ..Map for 1311 D Street (File No. OS- TPM-0210-CR) .shall remain in effect and be enforced. 20. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees(• Indeinnitees) from any claim, action or roceeding against Indemnitees °to attack;, set'aside, void or annul any of the p 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 chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66477.9. From Public Works (Engineering): Prior to final parcel map subrniftal; the following conditions shall be addressed, unless otherwise noted: 21. 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. . 22. The historic surface :runoff (quantity, concentration and location) shall be maintained and not adversely impact adjacent properties. The storm drain system shall be designed and constructed in accordance with. Sonoma County Water Agency criteria and City standards. The detention system shall be designed to accommodate a 100-year storm event. 23. Fossil filters; or approved. equivalent, shall be installed in all drop inlets with the proposed driveway. 24. New domestic water services shall be a miriunum of 1.5-inches in diameter with a 1-inch meter. 25. Overhead utilities to the existing structures and future structures shall be placed underground. 26. No lot=to-lot surface drainage-is permitted unless an appropriate easement is established. 27. A maintenance declaration and reciprocal easements among Parcels 1 through 4, the remainder parcel and Parcel One .of Parcel Map 3bl shall be provided for the proposed. driveway, private utilities and storm. drain system. The declaration shall be approved by City staff prior to final parcel map recordation, shall be recorded concurrently with the final parcel map and shall be identified as a deed restriction in each deed for Parcels. 1 through 4 and the remainder parcel. As to the .remainder parcel, the declaration shall provide for participation in its: obligations. by the owners of the remainder parcel on an appropriate basis at such time as further development of the remainder parcel is proposed and approved., -All obligations :imposed by the maintenance declaration -shall run with the land and be binding. on all. successive owners of any interest in said parcels. The declaration shall provide for a financial mechanism and the imposition of binding obligations on responsible parties sufficient to ensure perpetual maintenance, repair and upgrading of all shared facilities, in a form satisfactory to the City Engineer, including the following: • Creation of an account that will be initially funded by the developer of the property (SunnyD LLC). The initial funding amount will be determined by the City Engineer and will be sufficient to cover all estimated, costs for maintenance requirements specified in the Private .:Storm Drain System Operation and Maintenance Program for SunnyD Development (LaFranchi 201.0) ("Program") and any other inspection requirements imposed by the maintenance declaration. (storm drain related inspections, cleaning and pollution control inserts for treatment and detention) as well as the; expected costs of future private infrastructure repair andlor replacement (sanitary sewer, water services, storm drains, .driveways). • Provisions requiring compliance with thee- Program .and requiring the private storm drain system to be evaluated by a licensed civil engineer on an annual basis and certified as adequate. Any deficiencies shall be noted. in the engineer's annual. report. and reported to all parties .included in the SunnyD maintenance declaration and the City of Petaluma. • All required yeaxly inspections shall be reported. to the City of Petaluma Planning and Building Divisions as well as the Public Works Department. All property owners, _including the developer, SunnyD LLC, so long as it owns any interest in the properties shown on the map and for the :first annual inspection and Engineer's Certification thereafter, shall be responsible for all required inspection and reporting. ~5 • As part of escrow for each sale of a parcel, each .new owner will be required to contribute funds into the maintenance fund via. the terms of the maintenance declaration .and deed restriction. Subsequent contributions to this fund will be collected from each owner on an annual or semi-annual basis to maintain yearly maintenance and fund future replacement or until such time. as the account becomes .sufficiently funded to sustain the yearly maintenance and long term replacement. At such time asSunnyD LLC no longer owns an interest in any of the properties,. the remaining owners will be required to appoint, on a yearly basis, one of the property owners to be responsible for the operational duties that SunnyD LLC.. previously managed. • Illicit discharge or other violations of City Code are subject to enforcement through the City's Code Enforcement Program. Failure to properly maintain the shared facilities or meet other obligations in the maintenance declaration by one or more of the parties would be left to private enforcement by the parties. The maintenance declaration shall also provide that each property owner is jointly and severally liable for all costs of inspection, maintenance and repair. 28. A 10-foot wide Public Utility Easement (PETE) shall be dedicated along the frontage of the property unless waived by the appropriate public utility agencies. 29. Any existing, unused septic systems/leach fields shall be abandoned per County of Sonoma Environmental Health Department requirements.. Any existing wells proposed to be retained shall have a City standard backflow prevention device installed. 30. 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. 31. 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. 32. 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. 33. A scanned copy of the recorded final parcel map shall be submitted in a format compatible with the City Graphic Information Systems (GIS). 34: Improvement plans shall be prepared for improvements shown on the tentative map and required as conditions of approval. Plans shall be reviewed and approved prior to recordation of the parcel map. A form of security to .guarantee the construction of the improvements .shall be submitted with the improvement plans. The developer has the option to complete the improvements prior to the recordation of the parcel map instead of submitting a form of security. The improvements shall, however, be complete prior to the issuance of anypermit on anyparcel following the recordation of the parcel map. ~' From he Fire Marshal's Office: 35. 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. 36. " The private driveway shall be designed. to allow "for sufficient space for access and turnaround by emergency vehicles. An emergency vehicle access easement over the private driveway shall be granted to the City of Petaluma. 37. 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. 38. One fire hydrant shall to be-located along the private road, subject to approval by the Fire Marshal's office. 39. 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. ~~