HomeMy WebLinkAboutResolution 2010-100 N.C.S. 06/21/2010Resolution No. 2010-100 N.C.S.
of the City of Petaluma, California
APPROVING A TENTATIVE PARCEL MAP FOR THE LANDS OF SUNNY D
AT 216 SUNNYSLOPE AVENUE AND BEHIND 1311 D STREET,
APNS 019-130-011 ANI) 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
Parcel 1 0.33 acres (14,501 SF)
Parcel 2 0.26 acres (11,424 SF)
Parcel 3 0.21 acres (8,937 SF)
Parcel 4 0.22 acres (9,692 SF)
Remainder 0.62 acres (27,018 SF)
NPt Araa
0.18 acres (8,052 SF)
0.24 acres (10,504 SF)
0.20 acres (8,888 SF)
Same
Same
Development
Vacant
Vacant
Vacant
Vacant
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, 2010, 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. 2010-099 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,
Resolution No. 2010-100 N.C.S. Page 1
WHEREAS, the proposed subdivision, together with provisions for its design and
improvements, is appropriate to the surrounding area and with the surrounding uses; and
WHEREAS, the site is physically suitable for the density and the type of development
proposed.
NOW, THEREFORE, SE IT RESOLVED that the Petaluma City Council approves
the Tentative Parcel Map, based on the foregoing recitals which are incorporated herein by
reference as findings, and subject to the conditions of approval set forth in Exhibit A hereto:
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 2151 day of June, 2010,
by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, I-lealy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: Healy
ABSTAIN: None ~._.__~.,
ATTEST:
City Clerk Mayor
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Resolution No. 2010-100 N.C.S. Page 2
Exhibit A
CONDITIONS OF APPROVAL
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
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, 2010, the Fish and Game fee is $2,010.25;
applicant shall contact the County Clerk at (707) 944-5500 to confirm amounts prior to
submitting checks). Planning staff will file the Notice of Determination with the County
Clerk's office within five (5) days of receiving Council approval, provided required fees have
been timely paid by the applicant. All mitigation measures approved as part of the
Mitigated Negative Declaration for the Project shall be implemented as conditions of
approval.
3. Prior to Final Map approval,
a. The Map shall note and the parcel 2 deed shall include the language that: To ensure
continued preservation of oak trees and other native trees, native California bay trees 17
and 18, "Bay trees 17 and 18 shall be protected and maintained and no construction or
impervious surface is permitted within their drip line. As the arborist report notes that both
native California bay trees have extensive decay, if either tree declines to the point
where a certified arborist recommends its removal, it shall be replaced by a 24-inch box-
sized locally-native tree, subject to staff review and approval."
b. The Map shall note and the parcel 3 deed shall include the language that: To ensure
continued preservation 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 Division in the form of a letter (pruning) and photographs (fencing
& mulch) from a certified arborists. All work shall be performed by a certified arborist:
Resolution No. 2010-100 N.C.S. Page 3
Regarding Oaks identified as 19, 23, 29, 30, 8~ 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 of mulch throughout construction.
d. Prune to clean and reduce end weight of the canopy per International Society of
Arboriculture pruning standards.
e. Regarding redwood 22 and oaks 23 & 29, remove ivy from the trunk.
f. Regarding redwood 22 and oak 23, minimize the depth of the surface drainage Swale to
no more than 8 inches and increase the width as necessary.
g. A security deposit shall be posted to cover the value of all protected trees: oaks 19, 23,
29, 30, & 31, redwood 22, and bay 17 and 18. See section 17.060E 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 8, 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 1.7.060E 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.
Resolution No. 2010-100 N.C.S. Page 4
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 fhe 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 redwood 22 and oak 23, remove ivy from the trunk.
g. Regarding redwood 22 and oak 23, minimize the depth of the surface drainage Swale to
no more than 8 inches and increase the width as necessary.
8. Prior to the issuance of a building permit for a new residential unit, those plans shall note:
a. The installation of high efficiency heating equipment (90% or higher heating/furnaces)
and low NOx water heaters (40 or less) in compliance with General Plan Policy 4-P-15D
(reducing emissions in residential units).
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.
1 1. Plans submitted for building permit shall include that all proposed residences shall be pre-
plurnbed for solar.
Resolution No. 2010-100 N.C.S. Page 5
12. Any future subdivision of the remainder parcel shall be reviewed by the Planning Commission
and considered for approval 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~o 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 for 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 artifacts or culturally modified soils deposits including trash pits older
than 50 years of age are discovered at any time during grading, scraping, or excavation
within any parcel, all work shall be halted, the City and a qualified archaeologist shall be
contacted immediately to evaluate the find and make further recommendations. If human
remains are encountered, the above shall occur and the County Coroner and the Native
American Heritage Commission shall also be contacted to arrange for Native American
participation in determining the disposition of such remains should they be determined to be
Native American.
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 from the Foley Parcel Map for 131 1 D Street (File No. 05-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"Indemnitees") from any claim, action or
proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of
the project to the maximum extent permitted by Government Code section 66477.9. To the
extent permitted by Government Code section 66477.9, the applicant's duty to defend,
indemnify and hold harmless in accordance with this condition shall apply to any and all
claims, actions or proceedings brought concerning the project, not just such claims, actions
or proceedings brought within the time period provided for in applicable State and/or local
statutes. The City shall promptly notify the subdivider of any such claim, action or
proceeding concerning the subdivision. The City shall cooperate fully in the defense.
Nothing contained in this condition shall prohibit the City from participating in the defense of
Resolution No. 2010-100 N.C.S. Page 6
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 (Engineerinal:
Prior to final parcel map submittal, 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 minimum 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 fhrough 4 and
Parcel One of Parcel Map 361 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. 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 dll 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 2010) ("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 and/or replacement (sanitary sewer, water services,
storm drains, driveways).
:• Provisions requiring compliance with the 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.
Resolution No. 2010-100 N.C.S. Page 7
• All required yearly 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.
• 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 as
SunnyD LLC no longer owns an interest in any of the properties, the remaining owners will
be required to appoint, on a yearly basis, by a majority vote of the parcels, one vote per
parcel, one of the property owners to be responsible for the operational duties that
SunnyD LLC previously managed. The result of each year's vote on responsibility for the
operational duties for that year shall be reported in the annual report to the City
Engineer.
:• 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 (PUE) 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 any permit on any parcel following the recordation of the parcel map.
Resolution No. 2010-100 N.C.S. Page 8
From the 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.
Resolution No. 2010-100 N.C.S. Page 9