HomeMy WebLinkAboutStaff Report 7.B 05/16/2005CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
7.B
May 16, 2005
Aeenda Title: Meeting Date:
Appeal of the Planning Commission decision regarding the Heim 05/16/2005
tentative parcel map at 511 East "D" Street
Meeting Time: ❑ 3:00 PM
® 7:00 PM
Category (check one): ❑ Consent Calendar ® Public Hearing ❑ New Business
❑ Unfinished Business ❑ Presentation
Department: Director: Contact Person: Phone Number:
CDD Mike Moore Craig Sp tiding (707) 778-4301
Cost of Prouosal: 0 Account Number: N/A
Amount Budeeted: N/A Name of Fund: N/A
Attachments to Agenda Packet Item:Exhibit 1.)
meeting. Exhibit 2.) Memo dated 4/21/2005 from PI
3.) Notice of appeal from Brian Heim dated 4/28/2005.
Summary Statement:
Planning Commission packet from the 2/22/2005
anning Commission meeting of 4/26/2005. Exhibit
On December 22, 2004 the Community Development Department approved a three lot tentative parcel map
at 511 East "D" Street. Mr. Heim appealed the timing of the construction of certain conditions. The
Planning Commission heard the matter twice and granted Mr. Heim's appeal with additional conditions.
Mr. Heim is now appealing the additional conditions.
Recommended Citv Council Action/Sueeested Motion:
Deny Mr. Heim's appeal and uphold the decision of the Planning Commission on 4/26/2005.
Reviewed by Admin. Svcs. Dir:
D te: SOS
odav's
Reviewed by City Attornev:
Date:
Revision # and Date Revised:
ADDroved by City Manager:
9�/f Date:
File Code:
CITY OF PETALUMA, CALIFORNIA
5/16/2005
(Date of Meeting)
AGENDA REPORT
FOR
APPEAL OF THE PLANNING COMMISSION DECISION REGARDING THE HE, IM TENTATIVE PARCEL
MAP AT 511 EAST "D" STREET
(Name of Project — Use Same Language as Found for the Agenda Title on the Agenda Bill)
EXECUTIVE SUMMARY:
On December 22, 2004 the Community Development Department approved a three lot tentative parcel
map at 511 East "D" Street. Mr. Heim appealed the timing of the construction of certain conditions.
The Planning Commission heard the matter twice and granted Mr. Heim's appeal with additional
conditions. Mr. Heim is now appealing the additional conditions.
2. BACKGROUND:
On December 22, 2004 the Community Development Department approved a three lot tentative parcel
map at 511 East "D" Street. Mr. Heim appealed the condition that required construction of
improvements prior to the recordation of the final parcel map.
The Plamring Commission heard the appeal on 2/22/2005 and directed staff to obtain an opinion from
the city attorney. The city attorney reviewed the matter and suggested a compromise, resulting in the
memo to the Planning Commission dated 4/21/2005. The Planning Commission on 4/26/2005 agreed
with the compromise, granted the original appeal and added the three conditions as suggested in the
memo.
Mr. Heim is now appealing the three additional conditions. The three conditions are requirements for
parcel maps taken directly from the California Subdivision Map Act and the Petaluma Municipal Code.
Whether or not the three conditions are included as conditions of approval, the developer is subject to
the applicable requirements of the map act and municipal code.
3. ALTERNATIVES:
Grant Mr. Heim's appeal, thereby removing the additional conditions.
4. FINANCIAL IMPACTS: N/A
5. CONCLUSION:
Staff believes that the Planning Commission decision should be upheld based on the requirements of the
California Subdivision Map Act and the Petaltmna Municipal Code.
OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESSOR COMPLETION:
N/A
RECOMMENDATION:
Deny Mr Heim's appeal and uphold the decision of the Planning Commission on 4/26/2005.
SACC -City CounciMeports\Beim Appeal.doc
EXHIBIT 1
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
Conemunity Development Department, Planning Division, 11 English Street, Petaluma, CR 94952
(707) 778-4301 Fox(707)778-4498 E-mail: planning@ct.petaluma.cams
DATE: February 22, 2005 AGENDA ITEM NO. I
TO: Planning Commission
FROM: Craig Spaulding, City Engineer
Mike Moore, Community Development Director
SUBJECT: APPEAL BY THE APPLICANT OF CERTAIN CONDITIONS OF APPROVAL
FOR THE HEIM TENTATIVE PARCEL MAP LOCATED AT 511 EAST D
STREET (APN 007-061-034), 03 -TPM -0432 & 05 -APL -0006
RECOMMENDATIONS
Staff recommends that the Planning Commission deny the Heim appeal and uphold the conditions
of approval related to the decision of the Community Development Director and City Engineer to
approve the Heim Tentative Parcel Map at 511 East D Street.
PROJECT SUMMARY I
Project: Heim Tentative Parcel Map
511 East D Street
APN 007-061-034
Project File Numbers: 03 -TPM -0432 & 05 -APL -0006
Project Planner: Craig Spaulding, City Engineer
Project Applicant: Brian Heim
Appellants: Brian Heim
Property Owner: Brian Heim
Nearest Cross Street to Project Site: Wilson and Edith Streets
Subsequent Actions if Appeal is Denied: The applicant must construct the required site
improvements prior to applying for the Final Parcel Map.
Subsequent Actions if Appeal is Upheld: The applicant may apply for the Final Parcel Map
immediately, without first constructing the required site improvements. The Final Parcel Map
Page t
application shall include improvement plans, necessary accompanying documents and the required
review fees. Additional bonds and a subdivision agreement will also be required.
PROJECT DESCRIPTION
The property owner, Brain Heim, is appealing standard conditions of the administrative approval by
the Community Development Director and the City Engineer of a Tentative Parcel Map to allow a
12,387 square foot (0.28 -acre) parcel at 511 East D Street to be split into three parcels.
BACKGROUND
On August 22, 2003, Brian Heim submitted an application for a Tentative Parcel Map to allow 511
East D. Street to be subdivided into three lots. On December 22, 2004, the Community Development
Director and the City Engineer conditionally approved the map. On January 5, 2005 the City
Clerk's Office received an appeal from Brian Heim, within the 14 -day appeal period.
The Heim Tentative Parcel Map file is available for review in the Community Development
Department.
STAFF ANALYSIS
The Heim appeal letter (Attachment B) seeks to modify the timing of the construction requirements
as stated in conditions of approval #6 through #15 (see letter of approval, Attachment Q.
Mr. Heim is requesting that he be allowed to record the final parcel map, thus creating two new
parcels, prior to completing the improvements proposed on his tentative parcel map. Mr. Heim
refers to Section 66411.1 of the Subdivision Map Act (Attachment D) to support his appeal.
Staff Response:
Section 66411.1 of the Subdivision Map Act establishes criteria and limitations of conditions of
approval for parcel maps. The exception allowed by this section provides that in the absence of a
construction agreement, a local agency may require fulfillment of the construction requirements
within a reasonable time following approval of the parcel map (tentative map). The local agency
however needs to make a finding that the required construction is a necessary prerequisite to the
orderly development of the surrounding area. In this case the City Engineer has made that finding.
When parcel map conditions require the construction of public streets or public utilities (water,
sewer and storm drains), the developer provides subdivision improvement plans for review and
approval prior to parcel map recordation. For parcel maps that do not warrant or require public
streets or public utilities, it has been the City's policy to complete the minor construction
requirements prior to parcel map recordation. This policy allows small project developers to avoid
the delay and expense of preparing full improvement plans for review and approval. Staff has
identified at least seven instances where the City has applied this condition to minor subdivisions.
If Mr. Heim's appeal is successful, Staff would then require the submission of full subdivision
improvement plans, plan review and inspection fees, insurance certificates, performance bonds,
labor and material bonds and maintenance bonds. The plans would then be reviewed and approved
Page 2
and Mr. Heim would be required to enter into a subdivision agreement prior to final parcel map
recordation per Municipal Code Sections 20.20.042 & 043 (Attachment E).
PUBLIC COMMENTS
Notification of the appeal was published in the Argus Courier and sent to properties within. 500 feet
of the subject site. To date no correspondence has been received on the appeal request.
DECISION TIMELINE
The City Clerk received the appeals on January 5, 2005. The Community Development Department
received the required Cost Recovery form on February 2, 2005. The hearing was scheduled for the
first available hearing — February 22, 2005. The Municipal Code does not specify a decision
timeline for Planning Commission review of an administrative appeal.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Appeal letter from Brian Heim received January 5, 2005.
Attachment C: Conditional Approval letter of the Heim Tentative Parcel Map dated December 22,
2004
Attachment D: Subdivision Map Act Section 66411.1
Attachment E: Municipal Code Sections 20.20.042 & 043
Attachment F: Reduced Size Tentative Parcel Map (Planning Commissioners only)
Page 3
Ppweren By GeaSmart.net
511 East "D" Street
City of Petaluma, California
ATTACHMENT A
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// AT-TACHMENT B
January 5, 1-005
Notice of Appeal
To: Petaluma Planning Commission
I hereby appeal the Conditions of Approval for the Application for Tentative Parcel Map
to divide 511 East D St. into three lots, Assessor's Parcel Number 007-061-034. The
grounds for the appeal are the fulfillment of the construction requirements contained in
the Conditions of Approval prior to the recordation of the Final Parcel Map is prohibited
by Section 66411.1 of the Subdivision Map Act. Relief sought is for recordation of the
Final Parcel Map to be permitted immediately and that the construction of the on and off
sight improvements not be required to take place "until the time a permit or other grant of
approval for development of the parcel is issued by the local agency..." (Section
66411.1 (B) Subdivision Map Act).
Brian E. Heim
David Glass
parcel into:
Mayor
December 22, 2004
;hike Harris
■ Lot 2: a 3,886 square foot (3,462 net) vacant parcel (to be addressed as 513 East
Mike nealy
D Street), and
Bryant Moynihan
Brian helm
Mike O'Brien
E. Clark Thompson
501 Cherry Street
Pamela Torliatt
Petaluma, CA 94952
Counci7mmbers
following findings and subject to the conditions set forth below.
^-r-rAGHMEhIT C
CITY OF PETALUMA
POST OFFICE BOX 61
PETALUMA, CA 94953-0061
RE: Application for Tentative Parcel Map to divide 511 East D Street into 3 lots,
Assessor's Parcel number 007-061-034
Dear Mr. Heim:
Your application for a Tentative Parcel Map to subdivide one 12,387 square foot
parcel into:
■ Lot 1: a 3,828 square foot vacant parcel (to be addressed as 507 East D Street),
■ Lot 2: a 3,886 square foot (3,462 net) vacant parcel (to be addressed as 513 East
D Street), and
■ Lot 3: a 4,673 square foot (3,745 net) parcel with the existing approximately
Community Development
1870's house and existing small garage addressed as 511 East D Street,
Department
has been approved by the Community Development Department based on the
11 English Street
Petaluma, CA 94952
following findings and subject to the conditions set forth below.
E -Mail
cdd(au Petaluma ca us
Any additional development of these 3 lots will be governed by the same compact
residential zoning standards (R -C) that currently apply to the property and its
Code Enlarcement
Phone (707) 778-4469
immediate neighbors.
Fax (707) 778.4498
e -Arad
codeenlarcemeno@
Findines of Approval for the Tentative Parcel Map:
ci Petaluma ca us
1. The proposed project is exempt from the requirements of the California
Engineering
Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15, of
phone1701/ '7777) 178-4301
Faxt "8-4798
F
the CEQA Guidelines, alliland divisions division into four
nes, wallows minor
Q (
or fewer lots).
lnspectmn.Services
Phone (707) 778-4301
2. The Tentative Parcel Map is consistent with the General Plan in that existing
Fax (707) 778-4498
To Schedule Inspections:
housing will be preserved and in that minimum density is met and maximum
Phone(707)778-44;9
density is not exceeded. The General Plan Urban Diversified designation
requires that the density range resulting from new land divisions be between
Permits
5.1 and 10.0 dwelling units per acre; this project results in a density of 8.6
Phone (707) 778-4301
Fax (71),) 778-4498
units per acre. When calculating the maximum density, the area of half of the
abutting street width was included, in accordance with General Plan Land
Planning
Use program 11.
Phone (707) 778-4301
Fax (D7) 778-4498'
3. The proposed Tentative Parcel Map complies with the requirements of the Zoning
Ordinance such as minimum lot size (3,000 net square feet), width (30 feet), depth (70
feet), and setback of existing buildings to new property lines.
4. The subdivision will create two additional residential lots, which are appropriate to the
surrounding area and with the existing surrounding uses. Parcel I will access directly
onto a public street (East D Street), access to parcel 2 is provided by an existing 20 foot
wide roadway easement on to public East D Street.
5. The Tentative Parcel Map will not result in a lot too small to allow the construction of a
house in conformance with the RC standards such as height and setbacks, including the
25 foot garage setback requirement.
6. The proposed Tentative Parcel Map complies with the requirements of the Municipal
Code, Chapter 20.20, and the Subdivision Map Act.
7. The design of the subdivision and the types of improvements will not be detrimental to
the public health, safety or welfare. Adequate public facilities exist or will be installed,
including driveways and sidewalks, water, sewer, storm drain and other infrastructure.
Conditions of Approval
From the Plannine Division (778-4301)
1. Prior to Final Map approval, regarding the developed Lot 3, the standard parking
requirement shall be met (one covered and two uncovered parking spaces provided on-
site for a single-family house). The existing detached garage may be expanded, in a
manner conforming with setback requirements, so as to adequately provide the one
required covered parking spaces.
2. Prior to or at the time of final parcel map recordation and prior to the issuance of any
building permit two street trees shall be installed within the planter strip of Parcel 3 and
one street tree shall be installed within the planter strip of Parcel 1. The three trees shall
be chosen from and comply with the standards of the City's List of Approved Street
Trees. A tree that will provide a canopy over the street shall be chosen.
3. Construction activity shall be limited to Monday through Friday 8:00 a.m. to 5:00 p.m.
Interior work only 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 22 (Performance
Standards) of the Zoning Ordinance because of the projects proximity to residential uses.
4. Public utility access and easement locations and widths shall be subject to the approval of
PG&E, Pacific Bell, the Sonoma County Water Agency, all other applicable utility and
service companies, as well as the City Engineer, and shall be shown on the Parcel Map.
5. The applicants shall defend, indemnify, and hold harmless the City or any of its boards,
commissions, agents, officers, and employees from any claim, action or proceeding
against the City, its boards, commissions, agents, officers, or employees to attack, set
aside, void, or annul, the approval of the project when such claim or aciion is brought
within the time period provided for in applicable State and/or local statutes. The City
shall promptly notify the applicants of any such claim, action, or proceeding. The City
shall coordinate in the defense. Nothing contained in this condition shall prohibit the
City from participating in a defense of any claim, action, or proceeding if the City bears
its own attorneys fees and costs, and the City defends the action in good faith.
From the Eneineerina Section (778-4304):
Prior to or at the time of final parcel map recordation and prior to the issuance of any building
permit:
G. Replace any broken or displaced curb and sidewalk along the property frontage.
7. Install a streetlight similar to the existing streetlights in the neighborhood.
8. Overhead utilities from the street to the existing house shall be placed underground. All
new utilities shall be underground. No additional utility poles shall be placed along the
frontage.
9. Construct the access road as shown on the tentative map from East D Street to the rear
property line. The surface drainage from the access road shall not be allowed to flow over
the sidewalk
10. Site plans for parcels 2 & 3 shall be designed to allow vehicles to turn around and exit
forward onto East D Street.
11. Water services shall be I.5 -inches in diameter with I -inch water meters. Any unused
water services shall be abandoned per the requirements of the Water Resources and
Conservation Department.
12. Lot to lot drainage shall not be allowed except through storm drains and easements.
13. Show water, sanitary sewer and storm drain easements on the final parcel map.
14. Provide an access road maintenance declaration for review and recordation with the final
parcel map.
15. Dedicate a public utility easement (PUE) along the project frontage unless utility
agencies indicate a PUE is not needed.
Please be aware that the Tentative Parcel Map approval granted herein is contingent upon
completion of a fourteen (14) day appeal period from the date of this approval letter. Any person
who disagrees with this ruling may appeal such ruling within 14 calendar days of the ruling to
the Planning Commission. If no appeal is made within that time, the ruling shall be final. The
appeal shall be addressed to the Planning Commission in writing and Filed with the City Clerk
and shall set forth the grounds for the appeal and relief sought by the appellant. Said appeal shall
be accompanied by the appeal fee as specified by Resolution 2004-028 N.C.S. as adopted by the
City Council.
3
Sincerely,
11'2
Michael C. Moore Craig pau ing
Community Development Director City ngineer
c: File 03 -TPM -0432 -CR
Judith Allewelt (664 Lehrman Lane 94952)
Nicky Ovitt & Roland Delyser (521 East D Street 94952)
Peter B. Colasanti (524 East D Street 94952) '
John O'Malley & Bob Stanley (526 East D Street 94952)
Mel Reskin (8 Coady Court 94952)
Ester Covert & Paul Sherman (306 Edith Street 94952)
The Woodbyme (607 East D Street 94952)
Thelma Buratti (621 East D Street 94952)
Pamela Moms (608 East D Street 94952)
Patsy & Robert Mangano (516 East D Street 94952)
Ronnie Cromwell (520 East D Street 94952)
Scott & Jeanine Seaver (606 East D Street 94952)
Bengt Nelsson (608 East D Street 94952)
614 East D Street
Elvera Offutt (618 East D Street 94952)
Nicky Ovitt & Roland Delyser (521 East D Street 94952)
Enrique Vega (517 East D Street 94952)
Jennifer Cromwell (520 East D Street 94952)
Jeff Newton (518 East D Street 94952)
Matt Maguire (626 East D Street 94952)
Alexander B. Robb (525 East D Street 94952)
Dena Grunt (346 Wilson Street 94952)
Chris George (245 Wilson Street 94952)
Dana Wray (314 Edith Street 94952)
Property File
S plandepOetters/51 I EastDTPM
unanges mace to the Sunenviston Map Act
during 2003 are as follows:
on
Effect
Bill i1
Chapter
Effective
.8
Added
SB 666
739
1!I/04
.2
Amend
SB 745
76
l/i/04
Amend
SB 745
76
I/l/04
Amend
AB 728
434
1/1104
4
Amend
AB 728
434
111/04
5
Amend
AB 953
728
111/04
4
Amend
SB 66
296
l/1/04
Notes
For the reader's convenience, all new
language adopted in 2003 is printed in bold
italics.
The titles to each statute section printed in
bold have been added by CELSOC for the
reader's convenience. The titles are not
part of the law.
Chapter 1. General Provisions and Definitions
Article 1. General Provisions
66410. Subdivision Map Act name cited
This division may be cited as the Subdivision Map Act.
66411. Local agencies to regulate and control design of subdivisions
Regulation and control of the design and improvement of subdivisions are vested in the
legislative bodies of local agencies. Each local agency shall, by ordinance, regulate and
control the initial design and improvement of common interest developments as defined
in Section 1351 of the Civil Code and subdivisions for which this division requires a
tentative and final or parcel map. In the development, adoption, revision, and
application of such ordinance, the local agency shall comply with the provisions of
Section 65913.2. The ordinance shall specifically provide for proper grading and
erosion control, including the prevention of sedimentation or damage to offsite property.
Each local agency may by ordinance regulate and control other subdivisions, provided
that the regulations are not more restrictive than the regulations for those subdivisions
for which a tentative and final or parcel map are required by this division, and provided
further that the regulations shall not be applied to short -tern leases (terminable by either
party on not more than 30 days' notice in writing) of a portion of the operating right-of-
way of a railroad corporation as defined by Section 230 of the Public Utilities Code
unless a showing is made in individual cases, under substantial evidence, that public
policy necessitates the application of the regulations to those short-term leases in
individual cases.
[Amended, Chapter 1388, Statutes of 19881
66411.1. Limitation on improvement requirements under a parcel map,
provides for delay of improvement completion
(a) Notwithstanding Section 66428, whenever a local ordinance requires improvements
for a division of land which is not a subdivision of five or more lots, the regulations
shall be limited to the dedication of rights-of-way, easements, and the construction
of reasonable offsite and onsite improvements for the parcels being created.
Requirements for the construction of offsite and onsite improvements shall be
noticed by a statement on the parcel map, on the instrument evidencing the waiver
of the parcel map, or by a separate instrument and shall be recorded on.
concurrently with, or prior to the parcel map or instrument of waiver of a parcel
map being filed for record.
(b) Notwithstanding Section 66428, fulfillment of the construction requirements shall
not be required until the time a permit or other grant of approval for development of
the parcel is issued by the local agency or, where provided by local ordinances, until
the time the construction of the improvements is required pursuant to an agreement
between the subdivider and the local agency, except that in the absence of an
agreement, a local agency may require fulfillment of the construction requirements
Mi
D
0
9
M
Z
0
within a reasonable time following approval of the parcel map and prior to the
general plan, any applicable coastal plan, and zoning and building ordinal
issuance of a permit or other grant of approval for the development of a parcel upon
advisory agency or local agency shall not impose conditions or cxactio
a finding by the local agency that fulfillment of the construction requirements is
approval of a lot line adjustment except to conform to the local general
necessary for either of the following reasons:
applicable coastal plan, and zoning and building ordinances, to ret
(1) The public health and safety,
prepayment of real property taxes prior to the approval of the lot line adjut
(2) The
to facilitate the relocation of existing utilities, infrastructure, or easemi
required construction is a necessary prerequisite to the orderly
tentative map, parcel map, or final map shall be required as a conditi,
development of the surrounding area,
approval of a lot line adjustment. The lot line adjustment shall be refit
[Amended, Chapter 655, Statutes of 19941
deed, which shall be recorded. No record of survey shall be required for
66411.5. Dedications and improvements for judicial partitions
adjustment unless required by Section 8762 of the Business and Professions
(a)
Notwithstanding any other provision of this division, whenever a parcel map or
(e) Boundary line or exchange agreements to which the State Lands Commi:
local agency holding a trust grant of tide and submerged lands is a party.
final map is required to effectuate a judicial partition of property pursuant to
subdivision (b) and pursuant to Section 872.040 of the Code of Civil Procedure, the
(() Any separate assessment under Section 2188.7 of the Revenue and Taxation
local agency approving the parcel map or final map may establish the amount of
(g) Unless a parcel or final map was approved by the legislative body of a loci
any monetary exaction or any dedication or improvement requirement authorized by
the conversion of a community apartment project, as defined in Section Ii
law as a condition of approving the parcel map or final map, but shall not require
Civil Code, to a condominium, as defined in Section 783 of the Civil Code
payment of the exaction, the undertaking of the improvement, or posting of security
if all of the following requirements are met:
for future performance thereof and shall not accept any required offer of dedication
(1) At least 75 percent of the units in the project were occupied by recoi
until the time specified in subdivision (b).
of the project on March 31, 1982.
(b)
This section applies to judicial partition of real property which is subject to a
(2) A final or parcel map of the project was properly recorded, if the pro
contract under Article 3 (commencing with Section 51240) of Chapter 7 of Pall i of
subdivided, as defined in Section 66424, after January 1, 1964, with
Division I of Title 5 and which will remain subject to that contract subsequent to
conditions of that map remaining in effect after the conversion.
the filing of the parcel map or final map. With respect to any parcel created by a
(3) The local agency certifies that the above requirements were satisfied it
parcel map or final map subject to this section, payment of exactions and
agency, by ordinance, provides for that certification.
acceptance offers dedication under this section shad deferred the local
agency unlit ra
l t contract terminates at
is canceled as to that parcel, except that
except
(4) Subject to compliance with subdivision (c) of Section 1351 of the Ci
deferral qui
required under this subdivision
i fees and assessments that are due
due
all conveyances and other documents necessary to effectuate the o
b
and payable for governmental services provided to the parcel prior
id d termination or
shall be executed by the required number of owners in the project as
cancellation of the contract. The applicants fora parcel map or final map subject
l
in the bylaws or other organizational documents. If the bylaws
this section shall be personally liable for performance of obligations deferred under
under
organizational documents do not expressly specify the number c
this section at the time they become due.
necessary to execute the conveyances and other documents, a m
[Added, Chapter 444 Statutes of 148$]
owners in the project shall be required to execute the conveyance:
documents. Conveyances and other documents executed under the
66412.
Map Act Exclusions
provisions shall be binding upon and affect the interests of all part
This division shall be inapplicable in:
project.
(a)
The financing or leasing of apartments, offices, stores, or similar space within
(h) Unless a parcel or final map was approved by the legislative body of a loc
apartment buildings, industrial buildings, commercial buildings, mobilehome parks,
the conversion of a stock cooperative, as defined in Section 1351 of the Cto
or trailer parks.
a condominium, as defined in Section 783 of the Civil Code, but only if
(b)
Mineral, oil, or gas leases.
following requirements are met:
(c)
Land dedicated for cemetery purposes under the Health and Safety Code,
(1) At least 51 percent of the units in the cooperative were occ
stockholders of the cooperative on January 1, 1981, or individually
(d)
A lot line adjustment between four or fewer existing adjoining parcels, where the
stockholders of the cooperative on January 1, 1981. As used in this I
land taken from one parcel is added to an adjoining parcel, and where a greater
a cooperative unit is "individually owned" if and only if the stockhoh
number of parcels than originally existed is not thereby created, if the lot line
unit owns or partially owns an interest in no more than one u
adjustment is approved by the local agency, or advisory agency. A local agency or
cooperative.
advisory agency shall limit its review and approval to a determination of whether or
not the parcels resulting from the lot line adjustment will conform to the local
1 20.20.041
PETALUMA MUNICIPAL CODE AT'TAGHMENT E
A. The planning director and city engineer
shall make findings and approve,
conditionally approve or deny the tentative
parcel map. The planning director or city
engineer may impose reasonable
conditions on approval of the tentative
parcel map and may in their discretion,
deny approval of the map if such con-
ditions cannot be met. After preparation
of initial conditions of approval have been
formulated, a meeting may be set between
the applicant and city staff to review said
conditions. The planning director and city
engineer shall thereafter notify the
subdivider, in writing, of their action on
said tentative parcel map and applicable
findings and conditions.
(Ord. 1917 NCS §5 (part), 1993.)
20.20.041 Findings for tentative
parcel map.
In approving, conditionally approving, or
denying a tentative parcel map, the planning
director and city engineer shall make the
findings set forth in this chapter for tentative
maps. The decision of the planning director
and city engineer shall be final unless appealed
to the planning commission by any interested
person within fourteen calendar days of the
date of the decision. (Ord. 1917 NCS §5
(part), 1993.)
20.20.042 Submission for review of
parcel map and improvement plans.
Subsequent to the approval of a tentative
parcel map, the subdivider shall furnish to the
city engineer copies of the proposed parcel
map (the number of copies shall be determined
by the city engineer) prepared in conformance
with the Land Surveyor's Act and Subdivision
Map Act and generally accepted engineering
practices and the following requirements. The
map copies shall be accompanied by a traverse
sheet(s) or computer closures in a form
approved by the city engineer giving bearings,
distances and coordinates of the boundaries of
the subdivision, interior blocks, lots and
centerline of roads, any required soils,
geological reports, preliminary subdivision
title reports and any documentation which may
be helpful in reviewing the parcel map,
easements, CC&R's, and rights-of-way.
Where conditions have been imposed on an
approved tentative parcel map, the subdivider
shall submit evidence of having satisfied the
conditions. Where improvements have been
required as a condition of the tentative parcel
map, sets of improvement plans (the number
of sets shall be determined by the city
engineer) prepared in conformance with
generally accepted engineering (or other
professional) practice and meeting all city
standards shall be submitted to the city
engineer, along with hydrology, hydraulic and
other necessary calculations and information
required by the city engineer. The improve-
ment plan copies shall be accompanied by all
applicable plan review fees, as prescribed by
city resolution.
A. The city engineer shall circulate the
documents to all affected departments and
agencies who shall review the same and
notify the city engineer in writing of any
revisions, additions, etc., necessary to
ensure conformance with the tentative
parcel map and standard specifications in
accordance with Section 66456.2 of the
Subdivision Map Act. Subsequent to the
receipt of comments, the city engineer
shall notify the subdivider of corrections
necessary to the map, plans, and accom-
panying documents. The subdivider shall
make all required revisions and resubmit
for further review. The city engineer shall
notify the subdivider when the review
process has been satisfactorily completed.
(Ord. 1917 NCS §5 (part), 1993.)
2018 Rev. Ord, Supp. 4194
SUBDIVISIONS
20.20.043 Filing of parcel map.
After satisfactorily completing the review
process, the subdivider shall submit the
original parcel map, together with any copies,
information, documentation and bonds deemed
applicable by the city engineer. Following the
determination that it does meet requirements,
the city engineer shall so certify on the face of
the map. (Ord. 1917 NCS §5 (part), I993.)
20.20.044 Filing with county re-
corder.
Upon approval of improvement plans, if
required, and the parcel map and receipt of all
applicable agreements, documents, and im-
provement security, the city clerk shall
forward the parcel map and applicable
documents to the office of the county recorder
for recordation. (Ord. 1917 NCS §5 (part),
1993.)
20.20.045 Decision time limit.
Approval or disapproval of the tentative
parcel map by the planning director and city
engineer must be made within the time limits
contained in Government Code Section 65920
et seq. Any appeal of the decision of the
planning director and city engineer by the
applicant shall take place after approval or
denial, within such time allowed for an appeal,
and shall not be included in the computation of
the time limits prescribed by Government
Code 65920 et seq. (Ord. 1917 NCS §5
(part), 1993.)
20.20.050 General required con-
ditions and improvements.
A parcel map subdivision shall conform to
the standards specified in Chapters 20.28 and
20.32. A parcel map shall conform to the
general plan, applicable specific plans and
zoning ordinance, and the California Environ-
mental Quality Act (CEQA) Guidelines. (Ord.
1917 NCS §5 (part), 1993.)
20.20.100
20.20.070 Utility easement and
right-of-way dedication.
Where applicable, utility easements and
street rights-of-way shall be offered for
dedication at the time of filing the parcel map.
(Ord. 1917 NCS §5 (part), 1993.)
20.20.080 Water supply — Sewage
disposal.
Water distribution and sewage collection
systems shall be satisfactory to the city
engineer. (Ord. 1917 NCS §5 (part), 1993.)
20.20.100 Appeal to planning com-
mission.
In the event that the subdivider or other
interested party is dissatisfied with any
determination of the planning director or the
city engineer in regard to the tentative parcel
map, the subdivider or interested party may
appeal to the planning commission. The
subdivider shall file with the city clerk a notice
of appeal within fourteen calendar days after
the notice of the decision of the planning
director and city engineer has been mailed to
the subdivider. Upon receiving notice of
appeal, the city clerk shall forthwith set a date
for hearing and provide written notice thereof
to the subdivider not less than ten calendar
days before the hearing. Upon appeal, the
planning director shall submit to the planning
commission a report setting forth the
determinations of the planning director and city
engineer regarding the tentative parcel map
subdivision and the reasons for such
determinations. At the hearing, the planning
commission shall consider the report of the
planning director and any written or oral
evidence produced at the hearing by the
subdivider and other interested parties, the
planning director, or the city engineer. The
planning commission shall render its decision
as to whether the tentative parcel map
2019 Rev. Ord. Supp. 4/94
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CITY OF PETALUMA, CALIFORNIA
MEMORANDUM
ConvnanityDevelopmenf Department, 11 English Street, Petaluma, CA 94952
(707) 778-4301 Fav (707) 778-4498 E-mail: edd oa petaluma.ca.as
DATE: April 21, 2005
TO: Planning Commission
FROM: Craig Spaulding, City Engineer 12
SUBJECT: Heim Appeal; 511 East "D" Street Parcel Map
At the Planning Commission meeting of February 22, 2005, the Commission directed staff to
review the information presented and obtain an opinion from the City Attorney. Staff and the
City Attorney have reviewed this matter. Although there are many issues that may be subject to
different interpretations, by way of compromise I would suggest the following:
1. Modify conditions of approval 1, 2 and 6 through 12 to require that the improvements be
constructed prior to issuance of permits or other approvals for development of the
parcels. As to conditions 13 through 15, they will be required to be fulfilled before
approval/recordation of the parcel map.
2. Place on the parcel map or record by separate instrument with the parcel map, a statement
indicating the requirement for the construction of off-site and on-site improvements as
shown on improvement plans on file with the City and said improvements shall be
constructed prior to issuance of permits or other approvals for the development of the
parcels.
3. Add a condition of approval requiring that the applicant submit improvements plans
acceptable to the City Engineer prior to recordation of the parcel map.
4. Add a condition that a bond or other security for the cost of the improvements be
submitted prior to recordation of the parcel map.
Staff recommends that the Planning Commission grant the appeal and apply the four conditions
above to the original tentative map approval.
S:1Gngineering Div mcn A1emUs\tteirn Appeal 511 Last D St(2)doe
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APR 2C0`
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UIV4
Notice of Appeal
To: Petaluma City Council,
EXHIBIT 3
REG�'IVF,r.
G f14u7IJIMilJkVt.LuNL1 Ihvjb:j
April 28, 2005
I, Brian E. Heim, hereby appeal the decision of the Planning Commission made on April
26, 2005 approving my application for tentative parcel map to divide 511 East D St. APN
007-061-034, into three lots. I appeal the Conditions of Approval, numbers 2, 3, and 4 of
the staff recommendations made by the City Engineer, Craig Spaulding, in the City of
Petaluma, California Memorandum, addressed to the Planning Commission, and dated
April 21, 2005. These conditions are in violation of Section 66411.1 of the Subdivision
Map Act. I appeal on the grounds that the processing of my parcel map application for
511 East D St. has been in violation of the Permit streamlining Act, CEQA, and the
Subdivision Map Act. I appeal on the grounds that the illegal processing of my
application has denied me my civil rights of "due process" and "equal protection" of the
laws. All legal remedies available and compensation are being sought as relief.
Brian E. Heim