HomeMy WebLinkAboutAgenda Bill 5.APart2 12/20/2010EXHIBIT A
CONDITIONS OF APPROVAL
From Planning:
Before issuance of any development permit, the applicant shall revise the site plan or other
first sheet of the office and job site copies of the Building Permit plans to list these
Conditions of Approval and the Mitigation Measures as notes.
2. The plans submitted for building permit review shall be in substantial compliance with the
plans date stamped December 7, 2010: Sunnyslope II Option B.
3. - All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for
the Sunnyslope II project are herein incorporated by reference as conditions of project
approval.
4. Upon approval by the City Council, the applicant shall pay the Notice of Determination fee
pursuant to Fish and Game Code Section 711.4(d) and the California Environmental
Quality Act (CEQA) to the Planning Division. The check ;shall be made payable to the
County Clerk, in the amount:required and published by the Sonoma County Clerk for such
fee. Planning staff will file the Notice of Determination with the County Clerk's office
within five (5) days of receiving Council approval, provided that the applicant provides the
required. environmental filing fee to the City within one day of project approval.
5. Prior to issuance of any individual lot grading or" building permit, the building elevations,
site plan, front yard landscape, and lighting plan shall be subject to Site Plan and
Architectural Review and Approval by the Planning Commission and comply with the
Sunnyslope II PUD Development Standards and Design Guidelines.
6. The Urban Separator trail and the connector trail from the cul -de -sac to the Urban Separator
trail shall be a natural, low- impact, deer /scramble type trail with wood- retaining -soil steps
where necessary, pursuant`to City Engineer and Planning Division review and approval.
7. Prior to SPAR approval of Lot 12, a portion of the connector trail at Lot 12, from the cul-
de -sac sidewalk to the 185 contour .line, see TM -13, shall be shown as part of that lot
`development (to provide non - vehicular, emergency personnel access to the upper slope).
8. Prior to "Final Map .approval, the fund to construct and maintain both the Urban Separator
trail and 'the connector trail from the .cul -de -sac to the Urban Separator trail shall be
established by the applicant. Its amount shall be calculated as required by Condition 57
hereof based on the design specified by Condition 6 and shall include the cost of obtaining,
installing, and maintain ng:
a. At the path connecting the cul -de -sac sidewalk with the Urban Separator trail,
® One bench atz location near shade and with a view of the surrounding area.
■ The 'permitted open -wire fencing along the downslope side of the trail as it crosses
lot 12
b. At the Urban Separator trail,
■ One picnic bench in the upper corner of Lot 12 at a. flatter area, at a location that
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would allow°users of° the -trail to. enjoy expansive °views.
c. Signage, informing the public that there is a public right of access for pedestrian, dogs
on leash, and cyclists,,,
■ At the intersection of'Sunnyslope Road and the internal street and
■ At the front of Lot 12 and the beginning of the trail. This sign shall also describe
the entire Petaluma Ring Trail, show the current open sections to avoid
and encourage users to be respectful of adjoining private property.
9. 'The applicant shall record Deed Restrictions on Lots 10, 11, 12, and 13 that restrict
improvements or modifications to the property within the private open space. This
designated area shall be retained in a natural state with no man-made structures, paving, or
grade changes allowed. Landscaping improvements are allowed that utilize native plants
consistent with the natural setting. The Deed Restrictions shall be reviewed and approved
by the City Attorney, and provided to the City in executed 'form suitable for recordation
prior to approval of the Final Map.
10. Prior to issuance of any grading or building permit, a security deposit shall be posted to
cover the value of all protected trees for preservation during the construction process,
pursuant to section 17.060F,..
11. Replacement of oaks 18;.20, and 57 in good health shall be at a one to one trunk diameter
basis and replacement of oak 26 in fair health shall be at a two to one trunk diameter basis,
pursuant to 17.065A.1 &'2. Thirty inches of trunk diameter are required. The replacement
shall be pursuant to 17.065A.3.c.3, and, for example, could;be comprised of fifteen 24 -inch
box or ten 36- inch.box in -kind replacement trees. These replacement trees shall be shown
on the Improvement Plan.. Some of them shall be located Jn the planting circle in the public
street. The Improvement Plan shall also note that the replacement trees become protected
trees pursuant to 17.030.
12. Prior to Improvement. Plan approval, these shall call out improvements in the public right -
of -way including the street trees (which shall be 24 -inch box), the ground cover, and the
street lights in the planter strips and the planting circle, pursuant to staff review and
approval. Staff shall coordinate review of the street trees with the Tree Advisory
Committee; preliminary feedback indicates that the Red. Oak may be appropriate to the site
and situation (in a largely open planter) while the Chinese Elm is not and that the
Sunnyslope street trees shall be chosen considering the remaining protected trees and that
existing overhead lines will'be undergrounded.
13. Prior to issuance ofa building or grading! permit, any protected tree with a canopy within 20
feet of the limit of work shall be evaluated by an. arborist. The Tree Protection Zone shall
be established (see also Mitigation Measure Bio -10) and any recommendation (for
example: place 4 =inch layer of chipped bark mulch over the soil and/or prune to clean and
reduce end weight of 'the canopy per International Society of Arboriculture pruning
standards) included as part of the proposed work. Temporary protective tree fencing shall
be cyclone secured with. in- ground posts, and shall be a minimum of 5 feet in height. Proof
that the temporary fencing has been installed shall be submitted to the Planning Division by
photographs prior to building or grading permit issuance and shall be maintained in place
for the duration of adjacent construction.
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14.: Prior to each home's design, review hearing at Planning .Commission, the applicant shall
submit the GreenPoirits Checklist showing that the project pis designed to achieve at least
120 GreenPoints under that cycle's residential Build It Green program. Prior to building
permit issuance, the Checklist shall be submitted and the building permit plans shall
depict/note the relevant measures. Prior to each building permit final, each house shall be
GreenPoint Rated and shall meet all requirements of` the California Green Building
Standards Code as adopted by the City of Petaluma.
15. 'Prior to occupancy_ of the Neunfeldt house at Lot 18 or final of the 80 percentile unit,
whichever comes first, work to the Neunfeldt' house including that work called out in
mitigation measure CULT -1 and Condition 74 shall be completed and finaled.
16. Improvement plans and all building permit plans shall indicate that all construction
activities shall be limited to Monday through Friday 8:00 a.m. to 5:00 p.m; this includes
truck traffic to and from the site. 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 and to mirror Sunnyslope PUD Mitigation Measure Noise b.1.
When there is construction on the site, a sign shall be posted with the name and telephone
number of the designated "disturbance coordinator" (see. Mitigation Measure Noise 1 g) and
the permitted construction hours.
17. 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:
a. Grading and construction equipment operated during construction activities" shall be
properly muffled and maintained to minimize emissions. Equipment shall be turned off
when not in use.
b. Exposed soils shall be, watered periodically during construction, a minimum of twice
daily. The .frequency of watering shall be increased if wind speeds exceed 15mph. Only
purchased city water or reclaimed water shall be used for this purpose: Responsibility for
watering shall include weekends and holidays when work is not in progress.
c. 'Construction sites involving earthwork shall provide for :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 cleared of mud and dust carried onto
the street by construction vehicles.
d. During excavation activities, haul trucks used to transport soil shall utilize tarps or other
similar covering devices to reduce dust emissions.
e. 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 a
certificate of occupancy.
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£ 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 permit.
1.8. 'Prior to building permit approval, plans shall note the installation of high efficiency heating
equipment .(90% or higher heating /furnaces) and low NOx water heaters (40 or less) in
compliance'with General. Plan policy 4-P -15D (reducing emissions in residential units). All
, residential units ,designed with fireplaces shall meet the requirements of Ordinance 1881
N.C.S. for clean- burning, fuels.
19. Prior to building, grading, or demolition permit approval, all plans shall note the following
and all construction contracts shall include the same requirements•(or measures shown to be
equally effective, as approved by Community Development Department), in compliance
with General Plan policy 4 -P -16:
• Maintain construction equipment engines in good condition and in proper tune per
manufacturer's specification for the duration of construction;
• Minimize idling time of construction related equipment, including heavy -duty
equipment, motor vehicles, and portable equipment;
• Use alternative fuel construction equipment (i.e.,, compressed natural gas, liquid
petroleum gas, and unleaded gasoline);
• Use add -on control devices such as diesel oxidation catalysts or particulate filters;
• Use diesel equipment:that:rneets the ARB's 2000 or newer certification standard for
off -road heavy -duty diesel engines;
• Phase construction of the project; and .
• Limit the hours of operation of heavy duty equipment.
20. Plans submitted for building permits shall include pre - wiring for solar facilities for each
dwelling, in accordance with Council Resolution 2005 -151, and are subject to staff review
and approval.
21. All residential units designed with fireplaces shall meet•the requirements of Ordinance 1581
N.C.S. for clean - burning fuels.
22. Improvement plans shall indicate that construction and demolition. debris shall be recycled
to the maximum extent feasible in order to minimize impacts on the landfill.
23. The applicant shall be required to utilize Best Management Practices "regarding
pesticide/herbicide use and fully commit to Integrated Pest Management for the
protection of pedestri'an/bicyclists The applicant shall be required to post signs when
pesticide'%herbicide use occurs to warn pedestrians and bicyclists.
24. All project lighting shall be downcast to prevent glare into pedestrians and bicyclists eyes
and shielded to prevent glare and intrusion onto adjacent residential properties and
natural /undeveloped areas.
25. Prior to Final Map recordation a reproducible copy of the finalized PUD Development Plan
and written PUD Standards and Design Guidelines incorporating all project conditions of
approval shall be submitted to the Planning Division.
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26. All work within a public right' =of- -way requires an encroachment permit from the Public
Works Department:
27. The project shall pay, the ;applicable in -lieu housing, fees, all applicable Development
Impact Fees and other fees as required by City ordinance or regulation.
From Public Works (En ink eering)
Frontage Improvements ( Sunnyslope Road)
28. Frontage improvements shall be installed including, but not limited to, public landscaping,
streetlights, fire hydrants,, traffic signs, bike lane signage, striping, pavement .markers, and
pedestrian ramps. Minimum trench pavement section replacement shall be 5- inches of
asphalt concrete over 15- inches of class 2 aggregate base or equivalent subject to the
approval by the City Engineer.
29.: Overhead utilities along the project frontage shall be placed underground across the entire
Sunnyslope Road property frontage. All necessary service drops to existing homes /parcels
across the' street shall be placed underground. Joint trench plans shall be submitted for
review prior to final map approval.
30. Thee necessary right -of -way and public utility easements shall be dedicated along
Sunnyslope Road and within the project limits to construct the public improvements
described in the conditions of approval and shown on the tentative map. The exact
dedication amount is subject to approval by the City Engineer.
31. ' The driveway approach for the existing residence shall be removed and replaced with City
standard curb and gutter.
32. Sidewalk shall conform to existing sidewalk on both sides of the project frontage per City
standards.
33. The proposed curb ramps%shall be constructed parallel to Sunnyslope Road.
34. "No parking" signs �shall.be installed along the project frontage:
Grading
35., Grading, shall conform to the geotechnical. investigation- report specific to this development
and subsequent updates /addendums.
36. All graded swales in excess of 5% longitudinal slope shall be erosion resistant. Section
4(G) `Grading acid Drainage," of the proposed PUD guidelines shall be revised to reflect this
condition.
37. 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.
38. 'The developer shall be responsible for funding, through -the project cost recovery account,
all City required' storm water quality inspections.
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Public Street
39. 'The minimum, ; new street pavement section shall be 4- inches of asphalt concrete over 12-
inches of class 2 aggregate base.
40. , A stop sign, stop. bar;, and ladder style crosswalk shall be installed on the public street at the
new intersection with Sunnyslope Road. No Parking" signs shall be installed around the
perimeter of the cul -de -sac bulb.
41. Street lights per City standards shall be installed along Sunnyslope Road and the new public
street frontages. As . an option and at the discretion of the City Engineer, the City may
require LED street lights.
42. Private driveways for individual lots are not allowed off of Sunnyslope Road. A one -foot
wide non access easement along the entire Sunnyslope Road frontage, excepting the project
entrance, shall be dedicated to the City of Petaluma on the final map.
43. On street parking spaces:shall be provided on both sides of the proposed public street as
proposed on the revised tentative map.
Water, Sanitary Sewer, and "Storm Drain Systems
44. ' Final, construction detail hydraulic calculations shall be submitted.
45. Individual air -gap. water booster pump systems shall be installed, per City standards, for all
lots with pad elevations above 160 feet.
46. - All new water services shall be 1.5- inches with 1 -inch meters.
47. The storm drain system design shall be reviewed and 'approved by the Sonoma County
Water Agency.
48. , Abandon any existing unused water and sewer services along the entire Sunnyslope Road
project frontage.
49. All existing septic tanks and leachfields shall be abandoned per Sonoma County
.Environmental Health Department requirements.
50., The shall comply with the City of Petaluma Phase II Storm. Water` ManageinentPlan
including attachment four post'. construction .requirements. Final, construction detail
calculations shall be submitted. The project LAD shall identify funding for a licensed Civil
Engineer to perform annual storm drain system inspections and report to submit to the
Community Development Department and Public Works Department.
51. The project shall comply with the City's landscape and irrigation efficiency standards,
subject to the approval of the Water Resources and Conservation Department.
52. Gallery inlets shall be used for all catch basins because the proposed grade of the street.
53. Curved sections within the proposed public sewer main are prohibited. The proposed
public sewer main shall be modified for the improvement plan submittal.
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54, Skewed utility, crossings are discouraged. Perpendicular crossings shall be used to all
extents, possible: Utility crossings are subject to the review and approval of the City
Engineer.
Easements
55. All necessary easements shall be dedicated on the final map.
56. The proposed public access easement along the urban separator shall be 204eet wide.
57. Prior to approval of the Final Map, the applicant shall:
a. Design the Urban Separator and connector (from the sidewalk at the cul -de -sac to the
Urban Separator easement as shown on TM -6) trails, as specified by conditions 6 & 8,
subject to review and. approval by the City Engineer and the, Planning Division;
b. Secure an engineer's estimate of the cost of construction and maintenance of the trails,
which estimate shall be subject to the approval of the City Engineer;
c. Provide a cash deposit and/or other mechanism for payment and/or security sufficient
to secure payment of the estimated construction and maintenance costs. Any security
or mechanism for payment other than cash deposit shall be subject to the approval of
the City Attorney and the City Engineer: The City shall then be responsible for the
construction and maintenance of the trails from the established fund; and
d. Provide in executed form sufficient for recordation Deed Restrictions on Lots 12, 13,
and 14, which prohibit , applicant and its successors from obstructing and/or interfering
with use of the public easements and/or placing impediments or improvements of any
kind, including but not 'limited to fences, gates, and structures, on any portion of the
public easement. * The Deed„ Restrictions shall be reviewed and approved by the City
Attorney and the City Engineer and provided to the City in executed form suitable for
recordation prior to approval of the Final Map.
Miscellaneous
58. The developer shall be financially responsible for storm drain reimbursement for the
Suncrest Estates Subdivision per Resolution 2004 -033 N.C.S. All payments are due prior
to final map approval.
59. Traffic control plans shall. be submitted and approved prior- to�the start of construction.
6.0. The, proposed landscape strip along the Sunnyslope Road frontage shall be added to the,
project Landscape Assessment District.
61. Financial mechanisms (maintenance agreements, CC &R's, etc.) shall be required for any
shared utilities or facilities and shall be recorded with. the final map. All maintenance
documents shall identify the utility or facility to be maintained, the parties responsible for
maintenance, and the funding mechanism for maintenance, replacement and repair. All
maintenance documents shall be reviewed and approved prior to recordation.
62. Prepare final map and improvement plans per the latest City policies, standards, codes,
resolutions and ordinances. Technical review deposits shall be required at the time of
application submittal.
63. The developer shall submit a 1:1 to scale digital file of the record subdivision improvement
plans and final map prior to acceptance of the subdivision.
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64. A subdivision agreement and the City standard- surety are required prior to 'final map
approval.
65. 'All improvements shall meet accessibility requirements.
From the :Fire Marshal:
Access
66. Issues concerning .grade and angle of approach for the private road must be coordinated
closely with both the City Engineer and the Fire Marshal's office.
67. The no- parking areas, such as private driveways, must be properly posted with "NO
PARKING -FIRE LANE" signs as approved by the Fire Marshal's office.
Water Supply
68. . Minimum fire flows for this project have been submitted and appear to be adequate. For
this project we require .1000 GPM at 30 psi residual at the highest elevation hydrant.
69. Water demand calculations 'show that a pump system may be required for lots 11, 12, and
13. Sprinkler plans must provide all the details for the pump system including pump
calculations /curves. Calculations shall consider 1 -1/2" lateral from the main to the meter
(I") and. a minimum 1 -1 /2" lateral from the meterlo the foundation pad elevation.
Fire Hydrants
70: Fire hydrant locations for this project will require coordination with the Fire Marshal's
office prior to submittal of the improvement plants. Our "water map" shows one hydrant
near the entrance of this project on Sunnyslope.'Road which is not reflected in the plans.
When this project moves forward, this hydrant may need to be adjusted depending on its
orientation to the main private street.
Sprinklers
71. A fire sprinkler system designed and installed in accordance with NFPA13 -D is required
for all structures detailed in this project proposal. Due to the mitigating conditions listed
below, the ;sprinkler systems for (some /all) of the units must be upgraded to meet the
requirements of a FULLY 'SPRINKLERED system. This includes sprinkler .protection ,of
the attic, garage, attached carports, bathrooms over 55 sq.'ft., closets over 24 sq. ft: or 3 ft.
deep, ' and/or other attached structural elements of the building. The system shall be
calculated for a two- head-activation in the attic. All systems require 3 set of plans to be
submitted to the Fire Marshal's office for review and approval.
General
72. This development is ' within the boundaries of the Fire Hazard Severity Zone (FHSZ).
Buildings constructed in this zone are subject to the requirements outlined in Section
17.20.040 and as amended by Section 4708.1.3 of the Petaluma Municipal Code.
73. Per Section 4707.1 of the Petaluma Municipal Code, open space areas are subject to
provisions of annual weed/brush abatement. A plan that outlines the criteria for provisions
for abatement shall be developed and approved by the Fire Marshal's office. The plan shall
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include provisions for fire -safe landscaping as required and firebreaks in accordance with
"fire safe; standards" developed by the State of California.
From Peer Review, Carey and Company
74. Construction documents pertaining to the Neunfeldt house at 674 Sunnyslope Road shall
explicitly call out the following:
a. All existing wood -frame windows of the existing house at 674 Sunnyslope Road will be
repaired or, if repair is not feasible, will be replaced in kind with wood -frame windows
that duplicate the pane patterns and wood window trim detail of 'the existing windows.
Vinyl - frame windows and false divided lights will not be used. In particular, the two
double -hung windows to the left of the main entrance will be retained (or replaced in
kind).
b. The front stairs of the existing house at 674 Sunnyslope Road will be replaced in kind,
i.e., by anew wooden. staircase.
C. The front door of the existing house at 674 Sunnyslope Road will be replaced in kind,
i.e., by anew wooden door that is stylistically similar to the existing door, subject to
staff review and approval.
a. The fascia board and existing wood siding of the existing house at 674 Sunnyslope
Road will be retained and repaired as needed.- In places where dry rot or other
deterioration makes repair infeasible the existing fascia hoard and wood siding will be
replaced in kind with horizontal wood lap siding.
75. The Development Standards and Design Guidelines shall state that muted, earth tone colors
will be used on all painted surfaces of the proposed new construction.
Standard
76. The applicant shall defend, indemnify and hold harmless the City - and its officials, boards,
commissions,.. agents, officers and employees ( "Indemnitees ") from any claim, action or
proceeding-against Indemnitees to attack, set aside, void or annul any of the approvals of
the project to the maximum extent permitted by Government Code section 66477.9. To
the extent permitted by Government Code section 66477.9, the applicant's duty to defend,
_indemnify and hold Harmless in accordance with this condition shall apply to any and all
claims, actions or proceedings brought concerning the project, not. just such,claims, actions
or proceedings brought within the time period provided for in applicable State and/or local
statutes. The City shall promptly notify the subdivider of any such claim, action or
proceeding concerning the subdivision.. The. City shall cooperate fully in the defense.
Nothing contained in this condition shall prohibit the City from participating in the defense
of any claim, -action, or proceeding, and if the City 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.
1558286.1
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ATTACHMENT 4
CITY OF PETAI,UMA, CALIFORNIA
MEMORANDUM
Community Development Department, Planning Division, 11 English Street, Petaluma, CA 94952
(70.7) 778 -4301 Fax (707) .778 -4.498 E - wait: cdd*i petalumaxa.us
DATE: December 20, 2010
TO: City Council
PREPARED BY: Tiffany Robbe, Senior Planner
REVIEWED BY: Geoff h Bradley, Planning Manager
SUBJECT: SUNNYSLOPE II — Initial Study
This. memorandum outlines the impact of project modifications and the Bay Area Air Quality
Management District's newly adopted. CEQA Guidelines ( BAAQMD Guidelines) and Clean Air
Plan on the Sunnyslope II Initial Study, which was'circulated for public comment on February 5,
2009. It also corrects two minor errors in the Initial Study text and addresses suggestions offered
by one Council member at the last hearing. As analyzed below, none of the issues discussed
change the conclusions contained in the Sunnyslope. II Initial Study as to environmental impacts
of the project so as to make those impacts significant or more substantial than previously studied.
The new BAAQMD guidelines and the new Clean Air Plan support a reduction in the
significance of impacts of the project relating to air quality and greenhouse gas emissions
compared to the analysis in the Initial 'Study.
Land i Ne
Option B eliminates one lot from the 'upper slope of the project site, adds one market rate unit,
and removes the two affordable units in the duplex proposed by the original project. Clustering
of the proposed lots on the lower portion of the site is increased. The total unit-count of Option
B °is tK units, within the 4 to 19 unit range specified by the General Plan. Removal, of the-
affordable units eliminates reliance on State density bonus law to increase project density, which
is now evaluated under the City's General Plan. The project is still consistent. with the General
Plan policies, particularly housing policy - I I -P -7 (Program 4.4c in the updated Housing Element
2009 - 2014) which allows for the payment of an in -lieu fee to the City's Housing Fund as a
means meeting the affordable housing requirement.
Option B proposes to dedicate an easement for the Urban Separator 'trail and an easement to
accommodate a trail from the sidewalk at the new public street to the "future Urban Separator
trail. The Initial Study discussion continues to be accurate and Mitigation Measure LU -1
(together with VTSM - condition 8, & 57) continues to serve as the mechanism to ensure
construction and maintenance financing of those trails once a connection is established on any
abutting property. Should the Council choose to adopt PBAC conditions to include amenities
such as a picnic bench and table, this will also not affect the conclusions of the Initial Study.
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Air Quality /Greenhouse Gases (GHG)
The Sunnyslope Il Initial ,Study concluded that because of the small size of the project, its
consistency with State measures and General Plan GHG reduction policies and its commitment
to additional greenhouse gas reduction measures, particularly achieving a minimum GreenPoint
rating of 120 points, the project is not expected to increase community -wide greenhouse gas
levels by a substantial margin compared to pre - project conditions. However, the Initial Study
also concluded that determining the project's individual contribution to cumulative global
climate change was too speculative for evaluation because of the "small size of the project.
Therefore, the Initial Study did not make a determination of significance regarding the project's
GHG emissions and climate change 'impact.
On June 2, 2010, BAAQMD adopted CEQA Air Quality Guidelines ( BAAQMD Guidelines) with
quantitative thresholds of significance for evaluating development projects! The BAAQMD
Guidelines also set a "screening" threshold of 1,100 metric tons (MT) of carbon dioxide
equivalent per year (CO2e /yr). This threshold corresponds to a project size of approximately 56
single family dwelling; units. The proposed project size is well below that level, at 18 single
family homes. BAAQMD recommends that its adopted thresholds be used to evaluate projects for
which environmental analysis begins on or after June 2, 2010 but, there is no prohibition on using
the Guidelines for earlier projects. The public review period for this MND began February 5,
2009, but because the BAAQMD Guidelines provide a meaningful quantitative threshold of
significance, the project. evaluation has been updated using the BAAQMD Guidelines.
Because the project is below the BAAQMD screening level, for GHG emissions, the conclusion
that the project's individual contribution to GHG effects on climate change is too speculative for
evaluation is no longer required. The BAAQMD Guidelines support the Initial Study's
conclusion that the project- will not increase community -wide GHG emission levels by any
substantial amount. In addition the Guidelines also constitute substantial evidence that the
proposed project will not make a considerable contribution to a significant cumulative GHG
impact.
Ozone
On September 15, °2010, also after the Sunnyslope II Initial "Study was prepared, BAAQMD
adopted its 2010 Clean Air Plan (20 10 CAP). The 2010 CAP updates and replaces BAAQMD's
0'Q5 Bay Area Ozone Strategy, (Ozone Strategy) which formed part of the basis for study „of air
quality impacts in the EIR for the. City's General Plan 2025. Based on the now - superseded
Ozone Strategy; the General Plan EIR identified a significant and unavoidable impact” from a
technical conflict created by General Plan population projections slightly above those relied on
in the Ozone Strategy. That conflict no longer is relevant,, and the General Plan significant
impact resulting from the conflict need not be carried forward to new projects, if they are
considered under the 2010 CAP and the BAAQMD Guidelines.
The BAAQMD Guidelines recommend the implementation of .Basic Construction Mitigation
Measures (Guidelines, Table 8 -2) whether or not construction- related emissions exceed
applicable thresholds of significance. This table is similar to and updates Table C (from the
' Bay Area Air Quality Management District California Environmental Quality Act Air Quality Guidelines,
June 2010, available at http:// www .baagmd.gov /Search.aspx ?q =cega +guidelines.
AZ
1999 BAAQMD CE QA Guidelines), Q Q which, the Initial Study proposed as Mitigation Measure
AIR -I,. Staff proposes and the applicant agrees to update Mitigation Measure AIR -1 by
substituting Table 8 -2 of the 2010 Guidelines for Table C of the 1999 Guidelines. This
substitution has been made in draft Mitigated Negative Declaration Resolution, Attachment 1.
Using BAAQMD screening thresholds, and the 2010 CAP, and based on project size of 18 single
family dwellings, the project will have a less than significant impact on air quality.
Although the project will not have a significant GHG or air quality impact, the : project continues
to propose participation in the. City's voluntary green building program "Build it Green" at a
level significantly .higher than entry level, or 120 GreenPoints (the Initial Study noted that the
Project goal was to reach 150 GreenPoints). Option B does not include architecture, but the
applicant continues to. be comfortable that they can achieve a rating of 120 GreenPoints). This is
reflected in condition of approval X14. The project will also have to .comply with the California
Green Building Standards Code. as adopted by the City of Petaluma, which will apply to the
building permits for the project when submitted.
Biological Resources /Trees
Option B includes a 2.6 acre private open space reserve over the oak woodland at the top of the
property, compared to 2.5 acres in the original proposal. Under Option B, only four trees given
protected status by the IZO Tree Preservation Ordinance are proposed for removal, whereas
twelve protected trees were proposed for removal under the plan evaluated by the Initial Study.
Of these four, none are large and are not in good condition. Under Option B, 30 inches of
protected tree diameter are- proposed to be removed, whereas the Initial Study reviewed plan
proposed removing 160 inches. Option B, as conditioned, continues to comply with the IZO
protected tree replacement ratio and reduces the impact on tree resources. Preserving,many more
protected trees than were proposed for preservation in the plan evaluated by the Initial Study is a
more effective means of avoiding 'a significant environmental °impact than is tree replacement.
Condition of approval 11 has been drafted to ensure this preservation and replacement.
The only four protected healthy trees proposed for removal under Option B are:.
• Oak 57 on Lot 10 and oak, 26 on Lot 16, both of which sit .in the middle of their
respective building envelopes and have only fair health and/or structural integrity; and
• Oaks 18 and 20 on Lot 4 where larger oaks 21 and 22 are -being preserved. The applicant
found that also preserving oaks 18 and 20 resulted in an inadequate building, envelope
Therefore, staff recommends striking proposed Mitigation Measure BIO -9 (which requests that
SPAR consider revisions to save more of the 12 protected trees then proposed for removal).
Staff's conclusion is that Option B seriously considered preserving all protected trees, and that
Option B's proposal to preserve eight more protected trees than the previous iteration is a more
effective means of ensuring a less than significant biological impact than BIO -9, which is less
specific as to preservation of individual trees.
Statement of Overriding Considerations
:Because the Initial Study carried forward significant air quality impact resulting from the
technical conflict with the BAAQMD 2005 Ozone Plan. identified in the General Plan, the
original project would have required adoption of a statement of overriding considerations for this
impact in order to approve the project. As analyzed above, evaluating the original and the
. a3
revised Option B project. using the newly adopted BAAQMD CEQA Guidelines and the
BAAQMD 2010 Clean Air Plan shows that: neither the original project nor B has a
significant impact on air- quality or greenhouse gas emissions Thus, a statement of overriding
considerations is no longer needed if the Council chooses to approve the project.
Initial Studv Text Corrections
Pages 10 and ,58 of the Sunnyslope IT.Initial Study state that "Parking along Sunnyslope Road
would continue to be allowed.. " The parking arrangement along Sunnyslope Road will continue
as, it now exists; there is no on- street parking in this area. The project in its Option B version
will provide at least- four parking spaces on each lot (two. covered & two uncovered as required
by the Development Standards). This is one more than the general citywide standard.
Additionally, the Option. B proposal includes parking on both sides of the new public street,
which will provide guest parking opportunities consistent with any typical subdivision. Option B
has been designed to address earlier concerns about inadequate guest parking supply.
Pages 65 and 66 state that trash is hauled to the County - owned Central Landfill. This statement
is out -of -date and the solid `waste discussion should have relied on the General Plan 2025 EIR
(available at the Planning .Division, 11 English Street, Petaluma). The General Plan 2025 Draft
EIR pages 3.5 -27 and 28, states that Petaluma will likely continue to contract with private waste
haulers who transport solid. waste to several landfills and that -solid waste demands are not
expected to exceed landfill capacity before General Plan build out. The Initial Study conclusion
that the project represents a less than significant impact-to solid waste remains valid.
Councilmember Barrett''& Sug esg Lions
Councilmember Barrett suggested that Mitigation Measure BIO -8 be modified to use the term
"Tree Protection Zone ", consistentwith IZO Chapter 1.7, rather than the phrase "beneath trees ".
TheAZO defines the Tree Protection Zone as the area around each tree which must be protected
at all times with treeprotecfion fencing. Because BIO -8 is specific to trees in the private open
space where development - is not proposed, no tree fencing is expected to be necessary..
Therefore, in this case, staff finds, the current condition wording of "beneath trees" to be more
inclusive.
Councilmember Barrett also suggested that a Mitigation Measure be added that tree species be
low -VOC (emitting fewer volatile organic compounds),. Because the project is below the CEQA
significance thresholds established by BAAQMD and ' there `is no significant impact to Air
Quality /GHG, a Mitigation Measure is not required, under CEQA. Although. this requirement
could be considered as a condition of project- approval, staff has researched this matter and
recommends against such a - condition as it wouldlave the :effect .of'allowing only a few trees, that
are .known to be both low -VOC and suited to Petaluma. The suggested condition would also
prevent the planting of oak trees on this oak woodland property Greater air quality benefit
results from the establishment of tree canopy to lower air temperatures and the preservation of
existing large, long -lived trees as these sequester more carbon.
1558469.1
2 'Nowak, David J. "Tree Species Selection, Design, and Management fo Improve Air Quality" 2000, available at
http : / /www.fs.fed.us /ccrc`topics /urban- forests /docs/ Nowak_ Trees %20for, %2Oair %20quality.pdf 44
R.C.E 49302
STEVE J. LAFRANCHI & ASSOCIATES, INC.
CIVIL ENGINEERS � LAND SURVEYORS � LAND PLANNERS
PETALUMA,THEATRE':SGQUAR E.
140 SECOND STREET, SUITE 312, PETALUMA, CA 94952
TEL 707- 762 -3122 FAX 707 - 762 -3239
SUNNYSLOPE H SUBDIVISION
OPTION B SUMMARY
ATTACHMEFNT 5
The following is a summary of proposed project elements that differ from the current
Tentative Map and PUD Amendment application,for a 19- subdivision with two
inclusionary affordable subdivision., These changes are based upon comments that have
been received,from City staff, Planning Commission, City Council and neighbors since
the current application was deemed complete back, in 2009.
OPTION B PROJECT
A Tentative Map and 'PUD Amendment for an 18 -lot subdivision that eliminates
the iriclusionary affordable, housing.
DENSITY
® Under the 2005 -2025 General Plan the maximum allowable density is 19 lots.
Project proposes 18: No density bonus is being requested.
LOU"
® Lot 13 as shown-on the original project, which was located. in the upper portion of
the site, was removed for this project. The remaining lots were renumbered
accordingly.
• Lots 1, 2, 5 and 6 have been reconfigured increasing the sizes of Lots 1 and 2,
formerly the afford'ablie housing units and decreasing'the size of Lots 5 and 6.
Lots 110, 11, 12 and,13 (formerly 14) were all increased in size.
® The reconfiguration of the lots balances parcel sizes in the upper and lower areas
decreasing the density in" the upper area.
m Lot reconfiguration better demonstrates clustering in the lower area and feathers
to larger lots: in the; upper area.
® Summary of Proposed lots:
Lot 1 0.174 Ac (7,561 SF)
Lot 2 0.200 Ac (8,716 SF) Net 0.224 Ac (9,762 SF) Gross
Lot 3 0.250 Ac (10,889 SF)
Lot 4 0.215 Ac (9379 SF) Net 0:243. Ac (10,607 SF) Gross
Lot 5 0,222' Ac (9,683 SF) Net 0.235 Ac (10,216 SF) Gross
Lot 6 0.312Ac (13,621 SF) Net 0.327 Ac 14,241 SF Gross
Lot 0.322 Ac (14,355 SF)
Lot 8 0.314 Ac (13,684 SF)
Lot,9 0.338 Ac (14,731 SF) Net 0.382 Ac (16,639 SF) Gross
45
Lot 10 0,614 Ac (26,7 SF) Net 0:641 At (27,948 SF)' Gross
Lot 11 -0.912 Ac (39,730 SF) Net 0 ;938 At (40,879 SF) Gross
Lot 12 1:96 At (85,51 SF) "
Lot 13 0:44 At (19,184 SF)
Lot 14 0.272 At (11,865 SF)
Lot 15 0.272 At (11,834 SF)
Lot 16 0.263 At (11,472 SF) Net 0.290 At (12,261 SF) Gross
Lot 17 0.272 At (11,855 SF);
.Lot 18 0.183 At (7,952 SF) Nei 0.199 At (8 SF) Gross
Smallest Lot Size: Lot 1 00.174 At (7,561 SF)
Largest Lot Size: Lot 12 1.96 Ac (85 SF)
RESIDENTIAL UNITS AND LOT' SPECIFIC DEVELOPMENT
• All proposed housing and lot specific development has been removed from the
subdivision phase and deferred to a future design review phase *consistent with the
development process of the neighboring subdivisions
• All lot specific development will be subject to IZO Hillside standards and will
require SPAR:approval.
• New design standards have been created to address future design, including
orienting houses.on Lots 1, 3, 17 and 18 towards Sunnyslope Road and limiting
any future residence on Lot 5 to a single -story structure.
• Building envelopes have been revised.
• Upper limits of development have been adjusted.
STREETS, PARKING AND INFRASTRUCTURE
• The street has been increased in size to accommodate sidewalks, planter strips and.
parking on both sides. These changes are consistent with a standard city street
section, therefore the proposal is to dedicate right of way to the city and have it be
a public street.
® The private sanitary sewer - located in the street is proposed tobe public instead of
private.
• There will no longer be any commonly owned parcel as previously proposed.
• Three private d riveways will remain and will be privately maintained.
• Private infrastructure will be limited to a portion of the storm drain system and
sanitary sewer servicing Lots 5, 8, 9 and 10.
• Three. separate.maintenance agreements grouping a small number of lots
responsible.for access and private utilities are being proposed.
• A Landscape Assessment District is being proposed to maintain the landscaping
in the public right of way vegetated swales for storm water treatment and the
underground storm water detention systems.
• Garage and delivery trucks are limited to the public street.
g6
SITE GRADING
o Grading will be limited :to the construction of the public street, private driveways
and required ditches to. facilitate drainage.
® Grading associated with the street and driveway construction will be
approximately 1,360 cubic yards of cut and 7,220 cubic yards of fill.
TREE PRESERVATION
The proposed project has been revised to save 66 of the 92 trees on the site. Of
the 39 protected trees listed `in the arborist's report, 33 will be preserved. This is
an increase of 6 additional trees.
PUBLIC PATH
• The proposed location of the :public path to the urban;.separator path has been
relocated to work with. the exiting contours and make it more accessible.
• The public path and urban separator path easements will be,dedicated to the City
of Petaluma.
• The project is proposing that both paths be constructed at such time that there is a
physical connection to an existing path'.
• A fund. to construct the1uture path and maintain it will be up prior to Final
Map approval
PRIVATE OPENSPACE
® The proposed private operi_.space will remain.free of development except for the
construction of public path and open wire fencing•as required in the IZO.
FIRE PROTECTION
® At such time when the upper lots are developed, a.portiop! of the public path
public will be -constructed to provide emergency service personnel access to the
private open space if 'needed to suppress a grass fire.
NEIGHBORHOOD OUTREACH
A neighborhood.,meeting was held on October 19` at the Petaluma Community
Centerto discuss potential project changes and to gain input „from the neighbors
on other aspects that could be incorporated_in an alternate project Steven
Lafranchi Shun Faber, Becky Duckles and Bart Van Voorhis represented the
design team. Heather Hines was. in attendance representing the City.
41
a The outreach was extended�to.neighbors.from a City list used for noticing public
hearings. From that ,list, the following are;the neighbors who attended:
Jenny Pierre 329 Smith.Drive
Will Soper, 337 Smith Drive
Aurora and Barry Mc Gurk, 345 Smith Drive
Linda Zala, 440 Clearview Place
Larry Jonas, 21 Wallenberg Way
James Picchi, 625 Sunnysl'ope:Road
Linda Sullender, 675 Sunnyslope Road
Lori Shea, 685 Sunnyslope Road
Spence & Catherine Burton, 3 -13 Smith Drive
Janice Cunningham, 108 .Suincrest.Hill Drive
s A number of''issues. were discussed including the following:
Trees to be removed
Spillover parking /City Street
Affordable Housing/Density Bonus
Houses facing Sunnyslope
Dirt Removal/Grading
Lot 10
Urban Separator Path
Fire Problem/Access/Dual Access Path:
Garbage Trucks/Wid'th of Driveways/Deliveries postal & FedEx
Signage
Fencing:
Tree Protection
Maintenance Agreement
Maintenance of Private Open Space
Restrict Construction Times
Timeline/Schedule
Street Lights
• On, October 21", Bart Van Voorhis met with Larry Jonas, Linda'Zala and Spence:
Burton on the site to walk the proposed public path And discuss .their concerns
about public access and fire protection.
• The design team will be contacting all neighbors on the mailing list providing
them with an update on what has been incorporated into this project option and
inquiring if another meeting is desired.
OPTION B SUBMITTAL, MATERIALS
• Revised Tentative Map
• Revised PUD and Design Standard Guidelines
• Draft LAD documents
• Draft Maintenance Agreement Documents
,
Sent;'Thursday; December 09, 2010 9:58 AM
To: 'Ste "ve Lafranchi'
Subject: Neighborhood Meeting December 8, '2010
Attendees:
Peter & Aila Cozzolino =533 Clearview Place
Linda Zala 440 Clearview Place
Amy & Joel Levine 671 Sunnyslope
John Walker 605 , Sunnyslope'.
Kristin Acuna 9 Wallenberg Way
Heather Hines
Issues /Concerns
Fire Safety — questioning the efficacy of measures in place; .questions of actual fire firefighting
Path Access— Much concern over use by.outsi.ders
Fencing — Concern over deer .being able to navigate; : questions about "double fencing at property lines.
Accessory Granny Units — concern about zoning °for such, impact on traffic, prevention of these being added.
Traffic — question about whether the project meets criteria for Sunnyslope Road
Contour& Grading — question
HOA — will there be one
Historic House — Concerned about status
Questions re:' when construction will start and what the hours will be.
Sarah Monize
Project Coordinator
Steven J. Lafranchi &.Associates, Inc.
140 Second Street, Suite 312
Petaluma, -CA 94952
Telephone: (707) 762 -3122
FAX: (707) 762 -3239
E -Mail: sarah(cD-sila.com
40k
ATTACHMENT 6
SUNNYSLOPE Il SUbdivi;si :on (Option B)
-674 Sunnyslope Road
PBAC CONDITIONS OF APPROVAL
Planner: Tiffany Robbe Date: November 22, 201.0 Status: Complete
Description: Resubmittal of an application for approval of 18 -lot subdivision which not
eliminates the inclusionaryaffordable housing. Seeking a Tentative Map and PUD
amendment. No density bonus is being requested in this revised application. This "Option B"
"aims to respond to the concerns expressed at the City Council mtg of 2/22/10 and public
concerns."
Notes to Planner. PBAC strongly recommends that the pedestrian /bicycle amenities included
in these COA's (signage, improved public path, fencing, picnic area at view point etc) all be
installed at the time the project improvements go in and not be delayed until home
construction.
Class f Multi Use Path] Through Travel (BPP Policies 6, 8, 9,12)
As shown on the Tentative 'Map dated 11/01/10, Applicant to provide a public multi -use path at
least 10' wide from the back of the cul de sac from the front' of Lot 12, along its boundary with
Lot 13, along the side boundary of Lot 12 and then across a. back portion of Lot 12 to connect
with a wider section of multiuse path along back of Lot 12 to connect with the Urban Separator
(US). Applicant shall also install the US portion at a width of 20' up to the boundary with
property described as "L-ands, of Jonas."
BPP = Petaluma Bicycle and Pedestrian Plan GP = General Plan IZO = Implementing Zoning
Ordinance
1 5 0
PBAC recommends that, Applicant install a see - through -fence along one side aUthe path the
:side of, the 10' path closest to the home constructed on Lot 12 and 11.' This will reduce
possible trespassing onto Lot 12 and 11 and reduce;conflicts. Such fence should include a
gate so that the owners of Lot; 12 .and 1-1 can access the upper portion of .her/his lot. PBAC
recommends a see- through fence,, which :shall remain free of climbing vegetation to permit
improved line of sight and greater safety for users of the path. PBAC recommends that
applicant include turnouts along' the section of 10' path :that travels N -S to allow a pedestrian to
stand clear of a cyclist coming down.
Applicant shall construct both the 10' multi =use path and the: US section at the time the project
infrastructure is installed. Delaying the trail installation until a path is installed on the Lands of
Jonas as applicant recommends is misguided and certain to create future misunderstandings
with the future owners of Lot 12, Lot 13 and Lot 11, which the city will bear the expense of
clarifying. Those owners will be, best served by buying their lots with the trail in place so that
they are not unpleasantly surprised' by this use anticipated in the General Plan.
The .su'rface of the 10' .path shall be decomposed granite if recommended by Staff due to
amount of use, the slope anderosion factors. If such a trail can be installed through clearing . a
10' path utilizing the soils below with proper compacting, erosion protection, etc., PBAC would
accept ;the recommendation of Staff in that regard. Similarly the US path trail tread can be on
the cleared surface of the soil.
PBAC "strongly recommends'that these multi -use path improvements and the picnic
area at the viewing point - at - the upper area of Lot 12 be installed -upon construction of
project ,improvements and not be delayed until individual home construction on Lot 12 or
further connection to the US path on adjacent properties.
Class III Bicycle Facilities
Currently Sunnyslope Road is shown, on the Bike Facilities Map to have an existing Class III
bike facility. PBAC recommends the City consider whether th'is.street can support a Class II
along not just the project frontage but also along greater .sections of its length as the width
allows. If Class II facilities are not appropriate due.to street width etc., PBAC recommends
sharrows or fog striping.
Pedestrian- friendly Infrastructure (BPP policy 5, Policy 8)
Applicant to install continuous sidewalk within internal cul de sac in front of all Lots,fronting the
internal street at a minimum of 5'. Appropriate curb ramps where sidewalk meets street to be
installed' as shown.
Applicant to install sidewalk'at least 5' wide along, project frontage along Sunnyslope Road and
possib6 6' if that width is consistent with connecting'sidewalk'in the direction of Wallenberg
'Way.(it' being noted that'there is :no sidewalk on the opposite side of Sunnyslope for large
stretches); Applicant shows this sidewalk to be meandering some what which seems
acceptable to set it back from the public street and for project needs. Applicant to remove
existing driveway that serves current structure on property.
Signage
BPP = Petaluma Bicycle and Pedestrian Plan GP = General Plan I70 = Implementing Zoning
Ordinance
2 51
The applicant shall install signage the intersection of Sunnyslope and the internal street
informing the; public traveling on S.unnyslope that through access to the Urban Separator (US)
is provided for ped, dogs , on , leash and cyclists. Similarly, signage - at the front of Lot 12 and the
beginning of Class I trail shall be installed informing the public that there is a public right of
access:for peds /bikers etc to the US, describing the entire Petaluma Ring Trail and showing
current;open sections and encouraging, users to be respectful of private property adjoining the
trail. In signage should be installed to advise the public of which sections of the
Ring Trail are open currently to avoid confusion and frustration.
Install a stop sign at the intersection of the internal street where it intersects Sunnyslope Road.
Intersection Improvements (BPP Policy 1 Program E, Policy 8 Program B, Policy 18 Program E)
There lare existing crosswalks. at ,intersection of Sunnyslope Road and Smith /Jerome. The City
should determine whether these existing facilities are appropriate and safe, or in need have
upgrade.
Benches /Picnic Table
Applicant shall install at least one (1) bench along the multi- use 10' path at a location
near shade with a view of the surrounding area. Applicant shall. install a viewing
area /picnic bench(es) at a flat location within the oak woods in the upper corner of Lot
1'2, at a location that would allow users of the Urban Separator trail to travel to said
picnic table and enjoy the expansive views and take a rest. PBAC is of the opinion that
creating a viewing area /picnic tables as a destination within Lot 12 is especially
appropriate now for fuller enjoyment of the Urban Separator path until adjacent
connections are made.
Parking
Users of the public paths shall be permitted to park,along the internal street serving the
subdivision regardless of`whether it remains a private street or becomes a public street.
BPP = Petaluma Bicycle and Pedestrian Plan GP = General Plan IZO = Implementing Zoning
Ordinance
52
I ' Ti P 7 7M
EXHIBIT 94
Special Tax, District 20XX -X
(Sunnyslope II Subdivision)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A. General. Each year, commencing with the Fiscal Year 20xx -20xx, the City of
Petaluma shall levy a: Special Tax upon the parcels of real property within the City of
Petaluma, Special Tax District No. 20xx -x (Sunnyslope II Subdivision) (the "District ") to
provide for the landscape and storm water maintenance . services (the "Services ")
specified in the ; proceedings of the City for the District. The tax shall be levied
following the rate and. method. set forth herein until such time as the Services are no
longer provided by'the City of Petaluma.
In any fiscal year the Special' Tax may be levied 'at a lower rate, but not at a higher rate,
than the Maximum Special Tax -for that Fiscal Year. The Maximum Special Tax for fiscal
year 20xx -20xx shall.be as provided and calculated under the provisions of subsection
B.1. The Maximum Special Tax for each subsequent. Fiscal Year shall be calculated
using the figure identified in subsection B.1., as adjusted in accordance with the
provisions of subsections B.2.b., B.2.c., and section C.
B. Calculation of. Annual Special Tax Requirement. Each year, not later than the
time by'which the general property tax roll for the County of.Sonoma is to be prepared,
the City's Director of Administrative 'Services, or designee, shall..compute the Special
Tax for each of the lots in the District using the following steps:
1. - First: For all residential Lots in the The Sunnyslope II Subdivision
Special Tax for the Fiscal Year 20xx 20xx shall he $xx.xx per lot, plus the
additional amounts per lot as provided and calculated under the
provisions of subsections B.2.b and B.2.c; and
2. Second: For each subsequent Fiscal Year, compute the Special Tax
requirement as follows:
a. The City's operating department(s) providing for the
Services shall determine the total estimated Service Costs for the next
Fiscal `Year, taking, into account all the work expected to be done and the
anticipated schedule for doing the work, all as prescribed by the operating
department.
Exhibit B -1
Page 1
53
b. To the total from subsection B.2.a. above, add the
Administrative Cost which is 5% of that total. Administrative costs
include the expenses of the , City for annual Special Tax computation,
processing and collection and the costs of preparing plans, specifications,
bidding and /or contracts for the maintenance work and quarterly
inspections of the landscaping.
c. To the totals of subsections B.2.a. and B.2.b., above, add an
amount, not to exceed $xx:xx per lot, which shall be levied, if needed, in
accordance with, and subject to, the provisions of Section D relating to the
establishment and maintenance of a Reserve Fund.
d. The , Special Tax for each subsequent. Fiscal Year is the total
of subsection's B.2.a., B.2.b., and B.2.c.
C. Escalation. Beginning in Fiscal Year 20xx -20xx, the Maximum Special Tax shall
be' increased annually from the previous Fiscal Year by the percentage increase, if any,
in;the Bureau of Labor Statistics, CPI -U (Consumer. Price Index —All Urban Consumers)
for the San Francisco- Oakland- San jose, California Area, which occurred during the 12
month period ending on the last day of February of the. previous Fiscal Year. The rate
of 5% set forth in subsection B.2.b. and the amount of $xx.xx set forth in subsection
B.2.c. shall not be increased under this section.
D. Reserve. Portions of the proceeds of the, Special Tax shall be used to establish a
special reserve for the District (the "Reserve Fund ") to'be used to pay for extraordinary
and otherwise unanticipated Services for the District. In any year in which a portion of
the Special Tax collected includes an amount computed and levied under subsection
B.2.c., above, the portion of the. Special Tax so collected, based on such computation,
shall be_ transferred upon receipt to the Reserve Fund. Each Fiscal Year, at the time of
calculating the amount of the Special Tax under Section B, above, the Director of
Administrative Services.shall also transfer any surplus Special Tax proceeds remaining
from the prior Fiscal Year to the Reserve Fund. When the amount in the Reserve Fund
reaches the Reserve Maximum (defined below), the levy of the Special Tax under
subsection B.2.c. and the surplus deposits to the Reserve Fund shall cease, until the
arnount in the Reserve Fund decreases below the Reserve Maximum, after which the
Special Tax levied under subsection B.2.c., and the surplus deposits, if any, sufficient to
restore the reserve to the amount of the Reserve Maximum shall resume. Interest
earned on the Reserve Fund shall be retained in the Reserve Fund until the total in the
Reserve Fund reaches the Reserve Maximum. Thereafter, such earnings, to the extent
Exhibit B -1
Page 2
54
not:neede&to replenish the Reserve Fund, shall be,credited upon the following Fiscal
Year's Special Tax at the time of its calculation.
The amount of the Reserve Maximum shall be $x,xxx.00 for Fiscal Year 20xx -20xx and
thereafter shall be increased annually, beginning in Fiscal Year 20xx -20xx, using the
formula set forth in Section C.
& Collection. The Special Tax will be collected on the general property tax roll
unless the City shall provide another method of collection, with direct billing of the
owner(s) of property in the. District being specifically authorized ,as: an option. Any
surplus not needed, to pay for Services may be carried forward to the next Fiscal Year
and any deficit may be similarly carried forward, provided that the Maximum Special
Tax specified above, shall not be exceeded.
F.: Prepayment. The Special Tax may not be prepaid and the obligation to pay it
satisfied.
G. Contest. A, property owner
- may contest the calculation of the Special Tax only
after paying the same under protest and advising the Director 'of Administrative
Services of the City of the,daim of incorrect calculation in writing. The Director shall
review the calculation within 60, days of the receipt of such claim and render a decision
within such time. The decision. the Director about the correctness of the calculation
shall be final.
H. Abolition of Special Tax: Should the Special Tax, as set forth above, be repealed
or reduced by initiative or referendum or other action initiated by the owners of the lots
situated within the District; the City shall cease'to levy the Special Tax and shall cease to
be. obligated.to. provide -the-Services for which the Special Tax was levied. Upon the
repeal. or any reduction of the Special Tax, the Services shall.be provided by the
Sunnyslope II Maintenance Association in accordance with the provisions of Article 13
of the S'urulyslope II_Association:Declaration of Restrictions'(CC &R's) as recorded in the
Official Records of the Sonoma County Recorder.
Exhibit B-1.
Page 3'
55
EXHIBIT A
Sunnyslope II Subdivision
DESCRIPTION OF SERVICES
Landscape maintenance services, including, but not limited to, care of landscape
plants, replacement plantings, tree 'trimming as necessary, operation, maintenance and
repair /replacement of irrigation systems, mowing, vegetation removal, weed and other
landscape pest ,control as necessary, periodic'litter removal, vandalism repair, periodic
mulch replenishment, the costs of water and electricity, all in a street public right of way;
together with the vegetated swales and underground detention facilities situated within -
The Sunnyslope 11 Subdivision in the City of Petaluma. All maintenance areas are
shown on Exhibit X.
u
56
EXHIBIT "A—i
LANDSCAPE ASS
'E' SSIVI : T DISTRICT AREA
FOR GRAPHIC ILLUSTRATION AND INFORMATIVE PURPOSES ONLY
suml !Y.sL
17 18 1 I 3
W 1
4
16 2
I
15 5
6 1
`' - -
14
1 4 I 8 1
7
I f
O�� I 13 1
I 1 �
I �
10'
12 I 11
LANDSCAPE, /
ASSESSMENT I /
DISTRICT AREA I.
I I
I I I
STEVEN J., LAFRANCHI & ASSOCIATES INC.
CIVIL ENGINEERS - LAND SURVEYORS -.LAND PLANNERS
PETALUMA THEATRE SQUARE
PETALUMA, CALIFORNIA 94952
140 SECOND STREET, SUITE 312
707- 7623122 FAX 707 - 7623239 5 7
ORDINANCE NO. :: ::....:. ...................:.::::::.:.
11.
AN ORDINANCE OF THE,COU,NCIL.OF'THE CITY OF P,ETALUMA, STATE OF CALIFORNIA,
AND PROVIDING FOR THE LEVY OF SPECIAL TAXES WITHIN CITY OF PETALUMA
SPECIAL TAX DISTRICT NO. 20XX -X (SUNNYSLOPE II SUBDIVISION) FOR THE PURPOSE
OF PROVIDING FINANCING FOR SPECIFIED PURPOSES, AND CERTAIN OTHER
SUPPLEMENTAL PROVISIONS
THE PEOPLE OF THE CITY OF PETALUMA DO ENACT AS FOLLOWS:
Section 1. Recitals: The Council of the City of Petaluma does hereby find, determine
and declare that:
(a) on xxxxxxxxx x, 20xx, this City Council (the ACouncil @) of "the City of Petaluma (the
ACitye), adopted a resolutionentitled AA Resolution of Intention of the City Council of the City of
Petaluma to Establish Cityof Petaluma Special Tax District No. 20xx -x (Sunnyslope 11
Subdivision)" stating its intention'to establish the City of Petaluma Special Tax District No. 20xx-
x (Sunnyslope II Subdivision) (the ADistrict) pursuant to City--s Special Tax Financing Code,
being Chapter x -xx of Title x of the Petaluma City Code (the "Code"), to finance certain services
(the "Services "); and
(b) the Council has held a public hearing as required by the Code relative to the
formation of the District and the: rate and - method of apportionment of the special tax to be levied
within the District to finance the costs of the Services; and
(c) at the hearing all. persons desiring to be heard on all matters pertaining to the
formation of the District and"the.levyof the special taxes were heard, substantial evidence was
presented and considered by this Council and a full and fair hearing was held; and
(d) subsequent to the hearing, this Council adopted.a resolution, entitled AA Resolution
of Formation of the, City Council of City of Petaluma Special Tax District No. 20xx -x (Sunnyslope
11 Subdivision )" (the "Resolution. of Formation ") establishing the District, authorizing the levy of a
special tax within :the District and; calling an election of the landowner- elector within the District
on the propositions of levying a special. tax and establishing an appropriations limit within the
District, and
(e) the special, election was held by mail ballot. for the landowner- electorwitliin the District
at which the eligible, landowner- elector approved such propositions by the two- thirds vote
required by the Code.
Section 2. By the passage of this Ordinance the Council hereby authorizes and
levies special taxes within the District pursuant to the Code, at the rate and in accordance with
the formula set forth in the Resolution of Formation which Resolution is by this reference
PW
incorporated herein. The•special are hereby levied .commencing in fiscal year 2006 -2007
and in each fiscal year thereafter so long ; as the Services continue to be provided or as
otherwise maybe provided by this Council, as contemplated by the proceedings for the District.
Section 3. The City's Director of Administrative Services (ordesignee employee
thereof) is hereby authorized.andAirected each fiscal year to determine the specific special tax
rate and amount to. be levied for the, next ensuing fiscal year for each parcel and lot of real
property within the District, in the manner and as provided in the Resolution of Formation.
Section 4. Properties or entities of the State, federal or local governments within the
District shall be exempt from any levy of the special taxes. In no event shall the special taxes be
levied on'any parcel or lot'within the 'District in excess of the maximum tax specified in the
Resolution of Formation.
Section 5. All of the collections of the special'taxshall be used as provided for in the
Code and in the Resolution of Formation including, but not limited to, the provision of the
Services, the funding of a�reserve fund,, the payment of the;costs of the City in administering the
District, and the costs of collecting and administering the special tax.
Section 6. The special taxes shall be collected in the same manner as ordinary ad
valorem taxes are collected andshall have the :same ' lien priority, and be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad valorem
taxes; provided, however that, the Council may provide for ;appropriate methods of
collection by resolutions of the Council. In addition, delinquent special tax payments may be
recovered through appropriate judicial foreclosure or other applicable ,proceedings. The Director
.of Administrative Services of the City is hereby authorized and directed to provide all necessary
information to the, auditor /tax collector of the County of Sonoma in order to,eff ect proper billing
and collection of the special tax, so that the special tax shall be included. on the secured property
tax roll of the Countyof Sonoma, for fiscal year 20xx -20xx and for each, fiscal year thereafter for
the.purposes of providing for the Services and the administrative .expenses thereof so long as
such Services are provided.
Section 7. If•for.,any reason any portion of this ordinance is found to be invalid, or if
the special'tax is foundPP inapplicable to any particular parcel or lot within the District, by a Court of
competent jurisdiction, the _balance of this ordinance and the application of the special tax to the
remaining parcels within the District -shall not be affected.
Section 8. Effective Date. This ordinance, follgwing,itS'introduction,, shall beco
effective - and be'In, full force and effect from and after the expiration of thirty (30) days from the
date of its adoption.;
Ord. No.
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THIS ORDINANCE was introduced,at a regular meeting of the City Council of the City of
Petaluma on xxxxxxxxxxx, 20xx; and was duly adopted at a regular meeting of the City Council
of the City of Petaluma on 20xx by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
Ord. No.
Page 3 of 3
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EXFIIB9T'B
Sunnyslope 11 Subdivision
COST ESTIMATE
(For Fiscal Year XXXX -XXXX)
1. SERVICES (PERFORMANCE OF WORK)
2. INCIDENTALS
(a) City Administration
.1) Administrative costs
2) Parks Quarterly inspections
3. RESERVE FUND ($xxxxxxx) to be funded
over two years)
TOTAL AMOUNT NEEDED
Per Lot Cost
Maintenance (18 lots)
$ XXXXXX $XXXXX
$ XXXXX $ XXXX
$ XXXXX $XXXX
$XXXXX $XXXXX
6k