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HomeMy WebLinkAboutPlanning Commission Resolution 2017-02 01/10/2017RESOLUTION , ' CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE EIGHT (8) LOTS AND ONE (1) COMMON PARCEL FOR THE HOLLY HEIGHTS SUBDIVISION LOCATED AT 998 BODEGA AVENUE APN: 019 - 070 -044 FILE NO: PLMA -16 -0008 WHEREAS, Chad Moll of Bear Flag Engineering, Inc. submitted an application for a Tentative Subdivision Map to subdivide the subject property into eight (8) lots and one (1) common parcel for access, drainage, and utilities and a Zoning Map Amendment to rezone the subject property from Residential 2 (R2) to Planned Unit District (PUD), whereas the subject property includes five existing single - family homes and three existing duplexes on a 2.25 -acre site located at 998 Bodega Avenue (APN 019- 070 -044) (the "Project "); and WHEREAS, public notice was published in the Petaluma Argus- Courier and mailed to residents and occupants within 500 feet of the Project site in compliance with state and local law; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Tentative Subdivision Map and Zoning Map Amendment applications for the Project on January 10, 2017, at which time all interested parties had the opportunity to be heard; and WHEREAS, on January 10, 2017, the Planning Commission considered the staff report dated January 10, 2017, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, on January 10, 2017 the Planning Commission recommended that the City Council adopt this resolution approving a Tentative Subdivision Map for the Holly Heights Subdivision, and recommending approval of the associated Zoning Map Amendment and the Unit Development Plan & PUD Development Standards. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PETLAUMA AS FOLLOWS: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The proposed 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 as outlined below. 3. The Planning Commission recommends that the City Council approve the Tentative Subdivision Map for the Holly Heights Subdivision, subject to the Conditions of Approval attached hereto as Exhibit A, and based on the following findings: a. The project concerns a 2.25 -acre site with existing development, including five (5) existing single - family houses and three (3) existing duplexes. The proposed Tentative Subdivision Map is, for the reasons discussed in the January 10, 2017 Planning Commission staff report, consistent with the Petaluma General Plan. The Project will result in eight (8) new lots and one (1) new common parcel that will retain existing densities ranging from 5.0 to 7.88 housing units per acre (hu /ac), consistent with allowable densities of 2.6 to 8.0 hu /ac as defined for the Low Density Residential land use classification of the General Plan. The Project is also consistent with the following General Plan policies: Policy 1 -P -3 (Preserve Scale and Character); Policy 1 -P -27 (Encourage Innovative Site Design for Parking Solutions); Policy 2 -P -114 (Maintain Standards Reflective of Planning Commission Resolution No. 2017 -02 Page 1 Development Patterns); Policy 5 -P -22 (Enhance Pedestrian Connectivity); Housing Element Goal 1 (Facilitate Mobility within Ownership and Rental Markets); and Housing Element Policy 2.2 (Encourage Variety of Housing Types). b. The site is physically suitable for residential development in that it is mildly sloping, does not contain any physical constraints, is not environmentally sensitive, and is intended for residential development. The proposed subdivision will create eight (8) new lots and one (1) new common parcel consistent with appropriate densities, since the project will result in densities ranging from 5.0 to 7.88 hu /ac, consistent with the Low Density Residential land use designation permitting residential densities between 2.6 and 8.0 hu /ac. c. The proposed subdivision includes minor construction work that will not cause substantial environmental damage, injure fish or wildlife or their habitat, nor serious health problems as the project is: 1) located in an area exhibiting no environmental sensitivity (e.g., wetlands, creeks, hazardous sites); 2) located in an area absent of a waterway that would support fish habitat; 3) located in an area with no significant wildlife habitat value; and 4) will not cause serious health problems (e.g., poor air quality). d. Property within the proposed subdivision does not include any easements acquired by the public at large. 4. 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. 5. Prior to acting on this Tentative Subdivision Map approval, the City Council approved the associated Zoning Map Amendment and the Unit Development Plan & PUD Development Standards for the Holly Heights PUD. 6. The proposed project is categorically exempt from the provisions of CEQA under CEQA Guidelines § 15332 (In -Fill Development Projects) in that: 1) the project is consistent with applicable General Plan and zoning designation policies and regulations; 2) the site is within city limits, less than five acres in size, and substantially surrounded by urban uses; 3) the site has no value as habitat for endangered, rare, or threatened species; 4) the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and 5) the site will be adequately served by all required utilities and public services. The project also does not trigger any of the exceptions to the exemption outlined at CEQA Guidelines § 15300.2. Based on its review of the entire record herein, including the January 10, 2017 Planning Commission staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the Planning Commission hereby recommends that the City Council approve a Tentative Subdivision Map to create eight (8) lots and one (1) common parcel for the Holly Heights Subdivision, subject to the recommended Conditions of Approval attached hereto as Exhibit A. Planning Commission Resolution No. 2017 -02 Page 2 ADOPTED this loth day of January, 2017, by the following vote: Commission Member Aye No Absent Abstain Councilmember Albertson X Benedetti - Petnic X Chair Gomez X Lin X Vice Chair Marzo X Pierre X Wolpert X ATTEST: i na Gomez, C x', air APPROVED AS TO FORM: He ther Hines, Corrftission Secretary Lisa Tennenbaum, ssistant City Attorney Planning Commission Resolution No. 2017 -02 Page 3 Exhibit A TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL Holly Heights Subdivision Project Located at 998 Bodega Avenue APN: 019- 070 -044 FILE NO: PLMA -16 -0008 Planning Division 1. Approval of the Tentative Subdivision Map is conditioned upon approval of a Zoning Map Amendment and the Unit Development Plan & PUD Development Standards for the Holly Heights PUD consistent with the City Council's recommendations. 2. Prior to Building Permit issuance, the applicant shall list all Conditions of Approval on the first sheet of the office and job site copies of the plans. 3. Prior to Building Permit issuance, the applicant shall be subject to any fees in effect at that time. Said fees are due at time of issuance of building permit (commercial uses) or occupancy (residential uses) at which time, other pertinent fees that are applicable to the proposed project will be required. 4. Prior to Building Permit issuance, the applicant shall provide to the Planning Division for review and approval Covenants, Conditions and Restrictions (CC &Rs) associated with the Homeowner's Association (HOA) established for the Holly Heights PUD. Portions of the CC &Rs pertinent to the City of Petaluma include provisions for shared amenities, such as shared parking spaces, private drive aisle, sidewalks, and utilities are a shared maintenance responsibility of all property owners within the PUD. 5. Prior to approval of the Final Map, the applicant shall install a minimum of one (1) designated, covered on -site bicycle parking space for each carport unit of duplexes within the Holly Heights PUD. 6. In the event that human remains are uncovered during earthmoving activities, all construction excavation activities shall be suspended and the following measures shall be undertaken: a. The Sonoma County Coroner shall be contacted. b. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. c. The project sponsor shall retain a City- approved qualified archaeologist to provide adequate inspection, recommendations and retrieval, if appropriate. d. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American, and shall contact such descendant in accordance with state law. e. The project sponsor shall be responsible for ensuring that human remains and associated grave goods are reburied with appropriate dignity at a place and process suitable to the most likely descendent. 7. In the event that archaeological remains are encountered during grading, work shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Native American community shall also be notified and consulted in the event any archaeological remains are uncovered. 8. The site shall be kept clear at all times of all garbage and debris. No outdoor storage shall be permitted as part of this approval. Planning Commission Resolution No. 2017 -02 Page 4 9. Construction activities shall comply with performance standards specified in Implementing Zoning Ordinance Chapter 21 and the Petaluma Municipal Code Sections (noise, dust, odor, etc.) unless as otherwise noted /conditioned above or in the initial study /environmental document. 10. This approval does not permit the removal of any trees outside of those trees identified for removal on Project plans date stamped December 19, 2016. 11. 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. Department of Public Works and Utilities The following Conditions of Approval from the Department of Public Works and Utilities shall be addressed on the Subdivision Improvement Plans and Final Map unless otherwise noted. 12. Frontage improvements along Bodega Avenue shall be installed as shown on sheet 6 of the tentative map. A 2 -inch grind and overlay shall be installed from the outside curb returns to the southerly edge of the existing stamped asphalt concrete area. Vehicle and bike lane striping and pavement legends, including the stamped pavement area, shall be re- established per City requirements. A public access easement is required to be dedicated to the City of Petaluma for the proposed pedestrian ramps and crosswalk. Conforms are subject to City approval. 13. The proposed street, sidewalk, curb /gutter, streetlights, sewer and storm drain lines serving the subdivision shall be privately owned and maintained. The street section shall be built to City standards including a minimum of 28 -feet wide with parking on one side of the street fronting lots 2 -8 and 20 -feet wide (no on- street parking) fronting lot 1 as shown on the tentative map. The minimum structural street section shall be 4- inches of asphalt concrete over 12- inches of class 2 aggregate base. 14. A minimum 2 -inch grind and AC overlay will be required on all utility trench cuts along the length of the trench, for a minimum of '/2 the street width within Bodega Avenue or any other affected City streets. 15. A streetlight shall be installed per City standards at the intersection of the private street and Bodega Avenue. LED streetlight fixtures shall be installed. The City will provide the developer the LED specification prior to submittal of the final map and improvement plans. Final street light locations shall be determined at the time of improvement plan review and approval. 16. "No parking" signs and /or red curbs shall be installed on 20 -foot wide portions of the private street. Fire lane and no stopping any time signs shall be installed in the turnaround areas. 17. A stop sign and legend with a continental style crosswalk shall be installed on the private drive at Bodega Avenue per City standards. All striping shall be thermoplastic per Caltrans standards. Planning Commission Resolution No. 2017 -02 Page 5 18. Traffic control plans are required for all stages of construction and shall be per latest Manual on Uniform Traffic Control Devices (MUTCD) standards. 19. The storm drain system shall generally be constructed as shown on the tentative map. All proposed storm drain lines located on private property, including the proposed underground detention /treatment vault in Parcel A shall be privately owned and maintained. The storm drain system design shall be reviewed and approved by the Sonoma County Water Agency prior to approval of the final map and subdivision improvement plans. 20. Prior to issuance of a building permit, an operations and maintenance manual is required for the proposed detention basin and public storm water treatment systems, and shall be submitted with the final map and improvement plan application for review and approval by the City Engineer. The manual shall include annual inspection, by a Civil Engineer registered in the State of California, to ensure the detention and treatment system is operating as designed and constructed, as well as provisions to make any necessary repairs to the system. A signed and sealed copy of the report shall be provided annually to the Office of the City Engineer. 21. The project shall comply with E.10 City requirements for erosion and sediment control best management practices during construction. The applicant shall complete, sign and submit the City's standard Construction Erosion and Sediment Control Plan Applicant Package with the subdivision improvement plans. 22. The project shall comply with E.12 City requirements fc management practices. The subdivider shall enter into tf maintenance agreement prior to approval of the final map run with the lands. An operations and maintenance plan improvement plan application. The proposed HOA shall I construction storm water quality best management practi documents. r post construction storm water best ie City's standard storm water quality The agreement shall be recorded and shall be submitted with the subdivision )e responsible for maintaining all post ces and shall be included in the HOA 23. No lot -to -lot drainage is allowed without drainage easements, subject to the approval of the City Engineer. Private drainage systems that direct storm water away from neighboring properties and residences and towards the private street /Parcel A shall be installed on each proposed lot. 24. The proposed sewer system shall remain private. Prior to approval of the subdivision improvement plans, provide sewer videos and condition assessment of the existing sewer main and laterals. All cracked or broken pipe, as determined by the City, shall be repaired as part of the subdivision improvements and prior to construction of the waterline. 25. The proposed 8 -inch water main shall be contained within an exclusive 10 -foot wide public water main easement dedicated to the City on the final map. Fire flow and pressure calculations for the new water main and hydrants shall be submitted with the subdivision improvement plans. All new water services shall be 1.5- inches in diameter with 1 -inch meters. 26. All water main valves shall be located at curb extensions. 27. All existing relocated and /or unused water and sewer mains and services shall be identified on construction drawings and abandoned at the main per City standards. 28. Grading for street improvements shall conform to the project geotechnical investigation report submitted as part of the construction documents. 29. Draft joint trench plans are required with the public improvement plan submittal. PG &E approval of the joint trench plans is required prior to the start of any construction. Planning Commission Resolution No. 2017 -02 Page 6 30. Any existing wells or septic systems shall be properly abandoned per Sonoma County standards. Any existing easements for leach fields and wells to be removed /abandoned shall be quitclaimed. 31. All necessary easements shall be dedicated on the final map. 32. Any existing overhead electrical and communication utilities along the project frontage, including Bodega Avenue and Holley Heights Lane, as well as traversing the site shall be placed underground. 33. All subdivision improvements shall be completed and accepted by the City prior to approval of the final map or at the applicant's option, the sub - divider shall enter into a subdivision agreement with the City of Petaluma and provide City required surety and insurance. The final inspection /certificate of occupancy shall be not issued for the proposed residential structure relocation until all public and internal subdivision improvements have been completed and accepted by the City of Petaluma. 34. Connection fees are required for the proposed new water services. Fees shall be paid prior to final map approval. 35. A home owner's association (HOA) and /or maintenance agreements shall be required for any shared utilities or facilities and shall be recorded with the final map. Parcel A shall be a common parcel and included in the HOA. The HOA shall identify the utility or facility to be maintained, the parties responsible for maintenance and the funding mechanism for maintenance, replacement and repair. All agreements shall be reviewed and approved prior to recordation. 36. Prepare final map and subdivision improvement plans per the latest City policies, standards, codes, resolutions and ordinances. Subdivision improvement plan and final map applications and fees, as well as technical review deposits are required. Public improvements shall be designed and constructed in accordance with City of Petaluma Standards, Caltrans and Manual of Uniform Traffic Control (MUTCD). Planning Commission Resolution No. 2017 -02 Page 7