HomeMy WebLinkAboutResolution 2010-230 N.C.S. 12/20/2010Resolution No. 2010 -230 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF PETALUMA
APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR THE
SUNNYSLOPE II PROJECT, APN: 019- 203 -008
WHEREAS, an application and vesting tentative subdivision map has been submitted to
subdivide an 8.6 acre parcel at 674 Sunnyslope Road, APN- 019 - 203 -008 into a 18 -unit single
family residential subdivision referred to as Sunnyslope II, within the Sunnyslope Area Planned
Unit District ( "PUD "), together with a PUD Unit Development Plan and Development Standards
( "the Project "); and,
WHEREAS, on December 8 and December 22, 2009, the Planning Commission
conducted duly noticed hearings on the Project and after consideration of all documents and
evidence submitted, recommended Project denial as set forth in Planning Commission
Resolutions No. 2009 -04, 2009 -05 and 2009 -06, respectively; and,
WHEREAS on December 20, 2010, in compliance with the California Environmental
Quality Act ( "CEQA "), 14 California Code of Regulations, Chapter 3 ( "CEQA Guidelines ") and
the City of Petaluma Environmental Guidelines, the City Council approved a mitigated negative
declaration and mitigation monitoring and reporting program for the Project; and,
WHEREAS, on February 22 and December 20, 2010 the City Council held duly noticed
public hearings to consider the Project, including the proposed Vesting Tentative Subdivision
Map.
NOW THEREFORE, BE IT RESOLVED that the City council finds and determines as
follows:
1. The proposed Vesting Tentative Subdivision Map, as conditioned, is consistent with
the provisions of Title 20, Subdivisions, of the Petaluma Municipal Code
(Subdivision Ordinance) and the California Subdivision Map Act.
2. The proposed subdivision, together with provisions for its design and improvements,
is consistent with the City of Petaluma General Plan 2025 (General Plan) because:
a. Residential density of 18 units for the Project is consistent with the General Plan
land use designation for the site, with General Plan Policy 1 -P -5, and with the
General Plan density range for the site, calculated on net acreage of
approximately 7.62 acres using the Very Low Residential density range of 0.6 to
2.5 dwelling units per net acre, resulting in a range for the Project between 4.9
and 19 total units.
b. The Project includes a 20 foot wide pedestrian access easement to be dedicated to
the City as a portion of the Urban Separator Pathway, consistent with General
Plan Policy I -P -21.
Resolution No. 2010 -230 N.C.S. Page 1
c. The Project includes a 10 foot wide public access easement allowing public trail
access from Sunnyslope Road through the Project connecting to the Urban
Separator Pathway, at such time as the Urban Separator Pathway is connected on
either side of the Project.
d. The Project protects approximately 2.6 acres of hillside area in the upper portion
of the site with a scenic open space easement, locating residential development
lower on the site, consistent with General Plan Policy 1 -P -16.
3. The proposed subdivision, together with provisions for its design and improvements, will
not be detrimental to the public health, safety, or welfare because adequate public
facilities exist or will be installed, including roads, sidewalks, water, sewer, storm drains,
and other infrastructure.
4. The Project is consistent with the City of Petaluma Implementing Zoning Ordinance
because the Project site is zoned PUD, and the Project, including the Unit Development
Plan and Development Standards, incorporates elements and standards which meet the
requirements of Implementing Zoning Ordinance Chapter 19.
5. The Project site is physically suitable for the density and the type of development
proposed because the density for the Project is consistent with the General Plan density
range for the site; development is sited on portions of the site with slopes less than 30 %;
the upper portion the Project adjacent to the Urban Separator Pathway is protected by a
scenic open space easement; and the site accommodates a Project which is generally
compatible in character of use and physical design with surrounding uses.
6. As concluded in the Initial Study and Mitigated Negative Declaration adopted for the
Project, neither the design of the subdivision nor the proposed improvements is likely to
cause substantial environmental damage, or substantially or avoidably injure fish or
wildlife or their habitat.
BE IT FURTHER RESOLVED that on the basis of the above findings, the Petaluma
City Council approves the Vesting Tentative Subdivision Map, 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 /A pr ve as to
Council of the City of Petaluma at a Regular meeting on the 20 day of December, 11 /� o
2010, by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES:
None
ABSENT:
None
ABSTAIN:
None ~`
ATTEST:
Deputy City CI
Resolution No. 2010 -230 N.C.S. Page 2
EXHIBIT A
CONDITIONS OF APPROVAL
From Planning
I. 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 maintaining:
a. At the path connecting the cul -de -sac sidewalk with the Urban Separator trail,
One bench at a 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
would allow users of the trail to enjoy expansive views.
c. Signage, informing the public that there is a public right of access for pedestrians and
dogs on leash,
® 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 confusion, and
Resolution No. 2010 -230 N.C.S. Page 3
encourage users to be respectful of adjoining private property.
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. Oaks 14 and 61 shall also be replaced at a two to one
trunk diameter basis. Sixty -one inches of trunk diameter are required. The replacement
shall be pursuant to 17.065A.3.c.3, and, for example, could be comprised of thirty -one 24-
inch box or twenty -one 36 -inch box in -kind replacement trees. These replacement trees
shall be shown on the Improvement Plan. Some of them shall be located in 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 of a 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.
14. Prior to each home's design review hearing at Planning Commission, the applicant shall
submit the GreenPoints Checklist showing that the project is 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 vesting tentative subdivision map approval, the Neunfeldt house at Lot 18 shall be
secured and made waterproof. Prior to building permit issuance for the first new house,
work to the Neunfeldt house, including that work called out in mitigation measure CULT -1
and Condition 74, shall have commenced. Prior to building permit final of any new house,
that Neunfeldt house work shall be completed and finaled.
Resolution No. 2010 -230 N.C.S. Page 4
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.
f. 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.
18. 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-1 5D (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 meets the ARB's 2000 or newer certification standard for
off -road heavy -duty diesel engines;
Resolution No. 2010 -230 N.C.S. Page 5
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 1881
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. The project shall also be
subject to the recycling prerequisites of CALGreen Tier One (65% reduction).
23. The applicant shall be required to utilize Best Management Practices regarding
pesticide /herbicide use and fully commit to Integrated Pest Management techniques for
the protection of pedestrian/ bicyclists. The applicant shall be required to post signs when
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.
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 (Engineering)
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. The 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.
Resolution No. 2010 -230 N.C.S. Page 6
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 and 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.
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.
Resolution No. 2010 -230 N.C.S. Page 7
49. All existing septic tanks and leachfields shall be abandoned per Sonoma County
Environmental Health Department requirements.
50. The project shall comply with the City of Petaluma Phase II Storm Water Management Plan
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.
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 20 -feet 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.
60. 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
Resolution No. 2010 -230 N.C.S. Page 8
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.
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 public 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 1], 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
(1 ") and a minimum 1 -1 /2" lateral from the meter to 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 pubilc street.
Sprinklers
71. A fire sprinkler system designed and installed in accordance with NFPA 13 -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
Resolution No. 2010 -230 N.C.S. Page 9
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 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 a new wooden staircase.
c. The front door of the existing house at 674 Sunnyslope Road will be replaced in kind,
i.e., by a new wooden door that is stylistically similar to the existing door, subject to staff
review and approval.
d. 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 board 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.
From Council
77. The Sunnyslope II PUD Development Standards shall be modified to state:
For Lots 1, 2, 5, 8 -10, 13 -17; particular care shall be exercised during the SPAR process to
preserve the privacy and minimize visual impacts to adjoining existing properties. Massing,
Resolution No. 2010 -230 N.C.S. Page 10
window locations, patios, and balconies shall be considered so that line of sight privacy
impacts are minimized. Landscape screening shall also be utilized to preserve privacy and
visually buffer the new homes.
a. Prior to the Planning Commission SPAR hearing, story poles shall be installed according
to the City's story pole policy.
b. Prior to the Planning Commission SPAR hearing, a sun and shadow study shall be
provided to demonstrate effects on neighboring properties.
c. Lots 5 and 16 shall be restricted to one -story.
Resolution No. 2010 -230 N.C.S. Page l 1