HomeMy WebLinkAboutResolution 2016-013A N.C.S. 01/25/2016Resolution No. 2016 -013A N.C.S.
of the City of Petaluma, California
APPROVING A TENTATIVE SUBDIVISION MAP FOR THE
NORTH MCDOWELL COMMONS PROJECT LOCATED AT THE
SOUTHEASTERLY CORNER OF PALO VERDE WAY AND
NORTH MCDOWELL BOULEVARD
WHEREAS, on May 28, 2013, the Planning Commission adopted a Mitigated Negative
Declaration ( "MND ") and approved a Site Plan and Architectural Review application for the
development of 34 new residential rental dwellings consisting of both detached single- family and
duplex units, on property located at the southeasterly corner of Palo Verde Way and North
McDowell Boulevard (APN: 137 - 061 -026) (herein "Project Site') and rehabilitation of the
historic Hansen House on property located at 718 North McDowell Boulevard; and
WHEREAS, after construction commenced, on September 1, 2015, the Project applicant,
Hugh Futrell Corporation/North McDowell Commons, LLC, submitted applications to the City
of Petaluma for a Zoning Map Amendment and Tentative Subdivision Map (File No. PLMA -15-
0005) to rezone the property to residential PUD and subdivide the 2.14 -acre Project Site into
nine parcels ( "the Project" or the "proposed Project "); and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
Project, including the associated Zoning Map Amendment and PUD Development Standards and
Design Guidelines on December 8, 2015, at which time all interested parties had the opportunity
to be heard; and
WHEREAS, at said hearing the Planning Commission found that the Project is
consistent with the project analyzed in the Mitigated Negative Declaration (MND) adopted by
the Planning Commission on May 28, 2013 via Resolution No. 2013 -009 and adopted Resolution
No. 2015 -24 recommending the City Council approve the Tentative Subdivision Map for the
Project, subject to conditions; and
WHEREAS, on January 25, 2016, at a duly noticed public hearing, the City Council
considered all written and oral public testimony, the Planning Commission recommendation, and
the administrative record for the Project and approved the Tentative Subdivision Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the
Tentative Subdivision Map for the Project based on the findings made below and subject to the
conditions of approval attached as Exhibit A hereto and incorporated herein by reference:
Resolution No. 2016 -013A N.C.S. Page 1
1. The Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title
20 of the Petaluma Municipal Code (Subdivision Ordinance) and the California
Subdivision Map Act.
a. The proposed map is consistent with the General Plan in that it is on property
designated for Medium Density residential use in the General Plan Land Use Map
with a density range of 8.1 to 18 dwelling units per acre. The Project has an
overall density of 15.62 dwelling units per acre. 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 public facilities exist or
will be installed, including road, sidewalks, water, sewer, storm drains, and other
infrastructure. In addition, the Project is consistent with the policies of the
Petaluma General Plan as described in detail in the January 25, 2016 City Council
staff report.
b. As designed, the subdivision is consistent with the General Plan in that the Project
density is consistent with the General Plan and for the reasons stated in the
previous standard.
c. Physically, the site is well suited for residential development in that it is relatively
flat, rectangular in shape, adequate in size, has direct access to North McDowell
Boulevard, a major thoroughfare, and is surrounded by residential uses and
structures of a similar density and scale.
d. Physically, the site is suitable for the density of the proposed development in that
the proposed density of 15.62 dwelling units per acre is within the density range
specified in the General Plan for the site and the site can accommodate reasonably
sized homes with adequate private and public open space, parking, landscaping
and amenities including a playground and pedestrian and bicycle paths.
e. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. As documented in the Mitigated Negative Declaration
(MND) adopted by the Planning Commission on May 28, 2013 in conjunction
with the Site Plan and Architectural Review application for the development of 34
homes on the Project Site, the Project will not cause substantial environmental
damage or substantially any avoidably injure fish or wildlife or their habitat.
f. The design of the subdivision and the residential improvements in the subdivision
are not likely to cause serious public health problems in that the Project will not
expose inhabitants of the homes to any known hazards.
Resolution No. 2016 -013A N.C.S. Page 2
g. The design of the subdivision does not conflict with easements, acquired by the
public at large, for access through or use of, property within the proposed
subdivision. Existing easements for public utilities, pedestrian access, public
lighting and public water facilities which traverse the site will remain in place and
will be unimpeded by the subdivision.
2. Mitigation measures approved with the MND reduce potentially significant
environmental effects below the threshold of significance, and those mitigation measures
continue to apply to the subject Project as conditions of approval. No additional
environmental review is required for the following reasons: (a) there have been no
substantial changes to the Project; (b) there have been no substantial changes to the
circumstances under which the Project is being undertaken; and (c) there is no new
information, which was not known and could have been known at the time the MND was
approved, that has become available.
3. The applicant will contribute to the provision of below- market -rate housing consistent
with Program 4.3 of the 2015 -2023 Housing Element (Chapter 11 of the Petaluma
General Plan 2025).
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 Approve
Council of the City of Petaluma at a Regular meeting on the 25`h day of January, for
2016, by the following vote:
City Attorney
AYES: Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
NOES: Albertson
ABSENT: Mayor Glass
ABSTAIN: None
o �
ATTEST: rd .
City Clerk Vice Mayor
Resolution No. 2016 -013A N.C.S. Page 3
TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL
NORTH MCDOWELL COMMONS
SOUTHEASTERLY CORNER OF PALO VERDE WAY AND
NORTH MCDOWELL BOULEVARD
APN: 137 -061 -026
File No.: PLMA 15 -0005
Planning Division
EXHIBIT A
1. All conditions of approval of the Site Plan and Architectural Review Number 13 SPCO082
granted for the construction of 34 residences on the Project Site and the rehabilitation of the
historic Hansen House on the adjoining parcel at 718 North McDowell Boulevard remain in
effect and are not changed by the approval of the subject Tentative Subdivision Map.
2. The applicant shall contribute to the provision of below - market -rate housing consistent with
Program 4.3 of the 2015 -2023 Housing Element (Chapter 11 of the Petaluma General Plan
2025).
3. 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. 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 applicant of
any such claim, action or proceeding concerning the Project. 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.
Public Works
Section 20.16.420 of the Subdivision Ordinance specifies that the City Engineer shall prepare a
written report of recommendations on the tentative map in relation to the public improvement
requirements of the Subdivision Ordinance and the provisions of the Map Act. All conditions of
approval shall be addressed on the subdivision improvement plans and final map or as otherwise
noted.
1. All on -site and off -site improvements previously required as part of Site Plan and
Architectural Review Application Number 13SPC0082, shall be completed as required
per previous project approvals.
2. The proposed private sanitary sewer and storm drain systems shall generally be
constructed as shown on the tentative map. All sanitary sewer lines and storm drain lines
on private property, with the exception of the existing public storm drain line, shall be
designated privately owned and maintained.
Resolution No. 2016 -013A N.C.S. Page 4
3. All proposed lots shall have individual water services and meters, per City Standards.
4. All improvement work shall be completed prior to issuance of a final
inspection/certificate of occupancy for the last 20% percent of subdivided units.
Maintenance agreements or CC &Rs shall be required for the proposed shared private
sewer line, shared drainage and shared pedestrian facilities and shall be recorded
concurrently with the final map. The agreements or CC &Rs shall identify the facilities to
be maintained, the parties responsible for maintenance and the funding mechanism for
maintenance, replacement and repair. The agreements or CC &Rs shall be reviewed and
approved by the City prior to recordation of the final map. Maintenance agreements shall
be recorded concurrently with the final map.
6. All necessary easements, including the proposed private sewer, private drainage, private
pedestrian and public emergency vehicle access easement shall be dedicated on the final
map. The proposed emergency vehicle access easement shall be dedicated to the City of
Petaluma.
7. Public utility easements (PUE) shall be provided adjacent to and parallel to both sides of
the public right -of -way. Any proposed PUE's less than 10 feet wide shall be approved by
the responsible public utility agencies. Additional PUEs may be required as determined
by the City and public utility companies.
8. Submit a final map application to the City of Petaluma. Prepare the final map per the
latest City policies, standards, codes, resolutions and ordinances. Final map fees and
technical review deposits shall be required at the time of the application submittal.
9. All previously approved improvements shall be completed prior to recordation of the
final map. Alternately, the developer may submit a subdivision agreement package
including City standard surety bonds and insurance to ensure the required subdivision
improvements are completed. The subdivision agreement shall be signed by all parties
prior to recordation of the final map.
Resolution No. 2016 -013A N.C.S. Page 5