HomeMy WebLinkAboutResolution 2017-039 N.C.S. 03/06/2017Resolution No. 2017-039 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL APPROVING 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, on
behalf of property owner Kristy Brooks, 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, on January 10, 2017, the Planning Commission held a duly noticed public
hearing to consider the Tentative Subdivision Map, Zoning Map Amendment, and Planned Unit
District applications for the Project at which time all interested parties had the opportunity to be
heard; and
WHEREAS, on January 10, 2017 and prior to acting on this request, the Planning
Commission considered the staff report 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 the Tentative Subdivision Map, and recommended
approval of the associated Zoning Map Amendment and Unit Development Plan and PUD
Guidelines; and
WHEREAS, on March 6, 2017, the City Council held a duly noticed public hearing to
consider the Tentative Subdivision Map, Zoning Map Amendment, and Planned Unit District for
the Project, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on March 6, 2017 and prior to acting on this request, the City Council
considered the staff report analyzing the application, including the California Environmental
Quality Act ("CEQA") determination included therein, and the Planning Commission's
recommendation; and
WHEREAS, on March 6, 2017 the City Council adopted this Resolution approving the
Tentative Subdivision Map for the Holly Heights Subdivision, and approved the associated
Zoning Map Amendment and Planned Unit District applications.
Resolution No. 2017-039 N.C.S. Page 1
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PETALUMA 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 City Council hereby approves 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 and March 6, 2017 City Council staff reports, consistent with the Petaluma
General Plan. The Project will result in a residential density of 4.88 housing units per
acre (hu/ac) which is 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.
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.
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, particularly with
respect to wastewater as the project connects into the city sewer system.
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
Resolution No. 2017-039 N.C.S. Page 2
§15300.2.
7. Based on its review of the entire record herein, including the January 10, 2017 Planning
Commission and March 6, 2017 City Council staff reports, all supporting, referenced, and
incorporated documents and all comments received and foregoing findings, the City Council
hereby approves the Tentative Subdivision Map, subject to the Conditions of Approval
attached hereto as Exhibit A, for the Holly Heights Subdivision.
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 Appr ved as to
Council of the City of Petaluma at a Regular meeting on the 6`h day of March, 2017, form:
by the following vote:
AYES: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
NOES: None
ABSENT: None
ABSTAIN: None
i\
ATTEST:
City Clerk
Resolution No. 2017-039 N.C.S. Page 3
TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL
Holly Heights Subdivision Project
Located at 998 Bodega Avenue
APN: 019-070-044
FILE NO: PLMA-16-0008
Planninci Division
Exhibit A
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.
Resolution No. 2017-039 N.C.S. Page 4
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.
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 February 8, 2017.
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 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.
Privately owned and operated street lighting shall be installed on Holly Heights Drive, subject
to approval by the City of Petaluma.
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.
Resolution No. 2017-039 N.C.S.
Page 5
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.
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. The drainage system
shall be designed to accommodate potential future lot coverage.
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 for post construction storm water best
management practices. The subdivider shall enter into the City's standard storm water
quality maintenance agreement prior to approval of the final map. The agreement shall be
recorded and run with the lands. An operations and maintenance plan shall be submitted
with the subdivision improvement plan application. The proposed HOA shall be responsible
for maintaining all post construction storm water quality best management practices and
shall be included in the HOA documents.
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.
Resolution No. 2017-039 N.C.S. Page 6
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.
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 Holly 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).
Resolution No. 2017-039 N.C.S. Page 7