HomeMy WebLinkAboutResolution 2008-225 N.C.S. 12/08/2008 Resolution No. 2008-225 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP
FOR THE PINNACLF. RIDGE PROJECT CONSISTING OF
l l RESIDENTIAL LOTS LOCATED AT 2762 "I" Street
AYN 019-401- 019, PROJECT FILE NO. OS-ZOA-0029-CR
WHEREAS, Pinnacle Development Number 21, L.P. has applied to subdivide a 16.36
acre parcel a[ 2762 "P' Street into an 11-unit subdivision ("the Project"), and amend the Planned
Unit District ("PUD") oC Westridge Units 4 & 5 and associated Development Plan and PUD
Standards; and,
WHEREAS, the City of Petaluma Planning Commission held public hearings on the
proposed aiiiendment on September 9 and October 28, 2008 after giving notice of said hearing,
in the mamier, for the period, and in the form required by the City's Implementing Zoning
Ordinance; and,
WHEREAS, the City of Petaluma Planning Commission filed with the City Council its
report set forth in its minutes of September 9 and October 28, 2008 recommending fhe approval
of the proposed tentative subdivision map subject to conditions of development for the Project to
allow for 11 single family residential units to be constructed on Assessor's Parcel No. 019-401-
019; and,
WHEREAS, on December 8, 2008, in compliance with the California Environmental
Quality Act ("CEQA"), 14 California Code of Regulations Sections 15000 et seq. ("CEQA
Guidelines") and the City of Petaluma I?nviromnental Guidelines, the City Council adopted
Resolution No. 2008-224, N.C.S., approving a mitigated negative declaration of environmental
effect for the Project; and,
NOW, THEREFORE BE 1T RESOLVED that the City Council makes the following
findings and approves the proposed Tentative Subdivision Map to subdivide a 16.36 acre parcel
at 2762 "P' Street into an 1 1-unit subdivision for the Pinnacle Ridge Project ("the Project'),
subject to the following conditions of approval'
FINDINGS FOR TENTATIVE SUBDIVISION MAP:
1. The proposed Tentative Subdivision Map, as conditioned, is consistent with the
provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) and
the State Subdivision Map Act.
2. The proposed subdivision, together with provisions for its design and improvements, is
consistent with the City of Petaluma General Plan, and will not be detrimental to the
public health, safety, or welfare in that adequate public facilities exist or will be installed,
includingroads, sidewalks, water, sewer, storm drains, and other intrastructute.
3. The site is physically suitable for the density and the type of development proposed.
Resolution No. 2008-223 N.C.S. Page I
4. The design of the subdivision and the proposed improvements will not cause substantial
environmental damage, and that no substantial or avoidable injury will occur to fish or
wildlife or their habitat.. An Initial Study was prepared indicating that there would be no
significant, environmental impacts that could not be mitigated.
CONDITIONS OF APPROVAL:
From the Planning Commission:
• Conditions #27 and 28 in the "drafr" Resolution for the Tentative Subdivision Map for I 1
Residential Units be modified per the City Engineer (refer to Conditions #27 and #28).
o Plans submitted for Site Plan & Architectural Review shall include on the landscaping plans
two 24" box Coast Live Oaks to replace the removal of the two Coast Live Oaks as noted in
the Horticultural and Associates Report dated October 1, 2008. (tree #'s 6 and #9).
Appropriate location of trees to be determined by SPARC (refer to Condition #7).
• A bike rack to be installed at the pump house location (refer to Condition #8).
• The CC& R's shall include language regarding the maintenance and removal of trees. Refer
to Condition #25 in the "draft" Resolution for the Tentative Subdivision Map (refer to
Condition #25 and # 10).
The proposed fencing plan shall be modified to illustrate that the fencing for Lot 8 and 9 is
located at the boundary of the Conservation Easement and not at the property line. The
Commission did suggest that possibly a reduced fence height could be used at the property
boundary. Fences are typically reviewed as~part of the PUD reviewed by SPARC (refer to
Condition #6).
e tt was also noted that the Urban Separator Path did not have to be ADA accessible (refer to
Condition # 13.
From Planning:
1. 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 [3uilding Permit plans to list these
Conditions of Approval and the Mitigation Measures as notes.
2. "Che plans submitted for building permit review shall be in substantial compliance with
the plans dated stamped August 21, 2008.
3. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration
for the Pinnacle Ridge 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 to the Planning Division. The check shall be made payable to the County Clerk.
Planning staff will file the Notice of Determination with the~County Clerk's office within
five (5) days of receiving Council approval. The State Department of Pish and Game has
found that a de mrnimrs determination is not appropriate, and that an environmental filing
Resolution No. 2008-225 N.C.S. Page 2
fee (as required under Fish and Game Code Section 71 1.4d) must be paid to the Sonoma
County Clerk on or before the filing of the Notice of Determination (for fee amount,
contact them at 944-5500).
5. The building elevations, site plans, landscape plan, Design Guidelines and Development
Standards and Gateway Improvements are subject to the review and approval of the Site
Plan and Architectural Review Committee prior to issuance of any grading or building
permits.
6. Public access pathways and appropriate landscaping, scenic overlook areas where
appropriate, and fencing along the entire length of the southern border of the urban
separator shall be provided by the developer through the development review process, in
concert with project design at time of SPARC review. [n addition. the fencing plan shall
reflect that the fence location for Lots 8 & 9 shall be located at the boundary of the
Conservation Easement If installed fencing at the property line boundary for Lots 8 & 9
with-in the conservation easement area shall be no taller than 42" in height and shall be
of an open wire or a split rail fencing detail.
7. Plans submitted for Site Plan & Architectural Review shall include on the plans the
required trees per the Tree Preservation Ordinance (Chapter ] 7 of the IZO) to replace the
removal ofthe two Coast Live Oaks as noted in the I-Iorticultural and Associates Report
dated October 1, 2008. Appropriate location of trees to be determined by SPARC. The
City Council requested that the replacement trees be planted in a natural pattern.
8. Plans submitted for Site Plan & Architectural Review shall include the-details of the
parking at the location of the pump-house for public parking. Said plans shrill also
illustrate a bench, drinking fountain and bike rack.
9. Plans submitted for SPARC review shall include in the Urban Separator Pathway a public
access path; its location v~d details. Said path is-not required to be AD!\ accessible and
shall not utilize. asphalt or concrete.
] 0. At time of submittal forSPARC review, the PUD Guidelines shall be revised to include
language regarding the Conservation Easements required for Lots 8 & 9. Said language
shall include the prohibition of any structures or improvements within the Conservation
Easements for Lots 8 and
11. At time of submittal for SPARC review, the PUD Guidelines shall be revised to include
language requiring approval by the homeowners association and the Community
Development Department prior to the removal of trees with-in the conservation easement
on lots 8 & 9 or within the area described as the Private landscape easement on lots 1, 2,
& 3. Said removal shall include trees not approved (as defined by chapter 17 of the IZO)
for removal as part of the project and/or planted as part of this project approval at the. rear
of each of the parcels as the trees have been installed for privacy and screening.
Replacementtrees/screening may be required to address issues of privacy/screening. Said
PUD Guidelines shall be revised to include language regardingappropriate maintenance
of existing and/or planted trees with-in the conservation easement on lots 8 & (or with-in
the area described as the Private landscape easement on lots 1, 2, & 3 at the rear of each
of the parcels.
Resolution No. 2008-225 N.C.S. Page 3
12. All work within a public right-of-way requires an encroachment permit from the
Community Development Department.
13. 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 Community Development Department prior to Final Map recordation.
14. fhe PUD Guidelines shall include language that prohibits this development from
becoming a gated commmlity.
15. Plans submitted for Site Plan and Architectural review shall include a pedestrian (man)
gate on Lots 8 & 9 to allow for access to the Urban Separator. Said gate shall be shown
on building permit plans and shall be installed prior to a Certificate of Occupancy for said
lot.
16. Plans submitted for Einal Map shall. include the language pertaining to the dedication to
the City of Petaluma for the Urban Separator and Urban Separator Pathway. Per the
General Plan the urban separator shall be dedicated to the City at no cost for the City for
the land or required interface improvements. Public access pathways and appropriate
landscaping, scenic overlook areas where appropriate, and fencing along the entire length
of the urban separator shall be provided by the developer through the development
review process, in concert with project design. Maintenance of the Urban Separator
shall be in perpetuity the responsibility of the development through a guaranteed funding
source, such as a Landscape Assessment District and/or a funded trust. The Urban
Separator Pathway is not required to be ADA accessible.
17. A reproducible copy of the `Centative Subdivision Map, reelecting all adopted conditions
of approval, shall be submitted to the Community Development Department prior to
Final Map recordation.
18. The applicant shall incorporate the following Best Management Practices into the
construction and improvement plans~and clearly indicate these provisions in the
specifications. T7~e construction contractor shall incorporate these measures into the
required l:;rosion 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 soilsshall 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.
a Construction sites involving earthwork shall provide for a gravel pad area consisting of
an impermeable liner and drain rock at the constmction entrance to clean mud and
debris from construction vehicles prior to entering the public roadways. Street surfaces
Resolution Nu. 200R-221 N.C.S. Page 4
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-conshlaction 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.
£ 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.
19. All residential units designed with fireplaces shall meet the requirements of Ordinance
1881 N.C.S. for clean-burning fuels.
20. Improvement plans shall indicate that all construction activities shall be limited to 7:00
a.m. to 5:30 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays.
Construction shall be prohibited on Sundays and all holidays recognized by the City of
Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for
additional hours. There will be no start up of machines or equipment prior to 7:00 a.m.,
Monday through Friday; no delivery of materials or equipment prior to 7:00 a.m. or past
5:00 p.m., Monday through Friday; no servicing of equipment past 6:00 p.m., Monday
through Friday. Plans submitted for City permits shall include the language above.
2~1. Plans submitted for building permit shall include pre-wiring for solar facilities for each
dwelling and are subject to staff review and approval.
22. Improvement plans shall indicate that construction and demolition debrisshall be
recycled to the maximum extent feasible in order to minimizeimpacts on the landfill.
23. Prior to issuance of a building permit, temporary protective fencing shall be erected 5 feet
outside the drip line of the remaining oaks. The fencing shall be a minimum of 5 feet in
height and shall be secured with in-ground posts subject to staff inspection. Fencing shall
be installed prior to grading permit issuance and any grading/construction activity. Proof
that the temporary fencing has been installed shall be made to the Planning Division by
photographs.
24. The applicant shall be required to utilize Best Management Practices regarding
pesticide/herbicide use and fully committo Integrated Pest Management techniques for
the protection of pedestrian bicyclists. "fhe applicant shall be required to post: signs when
pesticide/herbicide use occurs to warn pedestrians and bicyclists.
25. All project lighting shall be downcast to prevent glare into pedestrians and bicyclists
eyes.
26. All exterior lighting shall be directed onto the project site and access ways and shielded to
prevent glare and intrusion onto adjacent residential properties and natural/undeveloped
Rcsolulion No. 2008-225 N.C.S. Page ~
areas. Plans submitted for SPARC review and approval shall incorporate. lighting plans,
which reflect the location and design of all proposed streetlights, and any other exterior
lighting proposed.
27. All new and existing overhead utilities (except for high voltage transmission lines) shall be
placed underground.
28. Prior to issuance of a Certificate of Occupancy, the applicant shall be required to submit
CC&R's to the City Attorney for review and approval. Said CC&R's shall include
language pertaining to ongoing maintenance (to be enforced by the homeowners
association) and the removal and appropriate maintenance of trees on private property.
The CC&R's shall include language requiring approval by the homeowners association
and the Community Development Department prior to the removal of trees on each of the
lots that are existing and not approved for removal as part of the project or planted as part
of this project approval at the rear of each of the parcels as the trees have been installed
for privacy and screening. Replacement trees/screening may be required to address
issues of privacy/screening. The removal of trees shall be consistent with Chapter l7 of
the Implementing Zoning Ordinance (Tree Preservation). Said CC&R's shall include
language that the homeowners association is responsible for complying with an annual 3rtl
party review of the operability of pump house equipment. Said CC&R's shall also
include language that the homeowners association is responsible Cor weed abatement of
the Urban Separator and insuring drainage ditches and inlets are kept clean and
functioning as intended and that private property owners are responsible for the weed
abatement for the Conservation Casement for Lots 7 & 8.
29. The applicant shall defend, indemnity, 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 amml any of the approvals of the project when such claim or action is
brought within the time period provided for in applicable State and/or local statutes. "fhe
City shall promptly notify the applicants/developers 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
and if the City chooses to do so appellant shall reimburse City for attorneys' fees by the
City.
From Public Works (Engineering)
The following conditions shall be addressed at the time of tinal map and improvement plan
application.
Frontage Improvements
30. Match the existing "I" Street improvements constructed with the adjacent Westridge
Subdivision and extend the improvements southerly as follows: Curb, gutter and
sidewalk and 12' travel lane to the southerly side of Parcel "C". A 6' Class 2 bike lane
shall also be constructed but terminate'at the entrance to Parcel "C" which is also the
beginning of the 8' wide Class 1 bike/pedestrian lane. A "Share the Road" sign shall also
be installed at this bike lane transition point. A northbound 12' travel lane shall also be
constructed with "Share the Road"signs shall be installed in locations directed by the
Resolu[ion No..2008-225 N.C.S. Page 6
City Engineer. The minimum pavement section (or approved equivalent) shall be 5-
inches of asphalt concrete over 15-inches of class~2 aggregate base. A mormtable
driveway approach (or equivalent) shall be constructed to access Parcel "C".
31. South of Parcel C, to the City Lhnits extends the improvements southerly as follows: A
12' travel lane, roadside ditch and an 8' wide Class 1 bike/pedestrian path up to the point
where said Class 1 bike/pedesh'ian path transitions back to a 6' Class 2 bike lane. From
this point to the City Limits a 12' travel lane, 6' Class 2 bike lane and roadside ditch shall
be constructed. A northbound 12' travel lane shall also be constructed Crom the City
limits to a point adjacent from the southerly side of Parcel `C." "Share the Road" signs
shall also be installed along the northbound travel lane in locatious directed by the City
Engineer. The minimum pavement section (or approved equivalent) shall be 5-inches of
asphalt concrete over 15-inches of class ?aggregate base. The street shall be relocated to
the center of the existing 40' right of way. Construct an appropriate transition for the
new improvements to the existing road at the City Limits to the satisfaction of the City
Engineer.
32. Street lights, traffic signs, striping and pavement markers shall be installed. "No parking"
signs shall be~installcd along the project Irontage.
33. The necessary right-of-way vid public utility easement shall be dedicated along I Street
to construct the public improvements described in the conditions of approval and shown
on the tentative map.
Grading
34. Grading and slide repairs shall conlorm to the geo[ed~nical investigation report specific
to this development. Slide repairs shall be completed to protect the new development and
the public right-oP--way along I Street.
35. Investigate and address the subsurface water issue along the subdivision boundary at lots
1, 2 & 3. The report and solution shall be to the satisfaction of the City Engineer.
Private Street
36. The minimum private street pavement section shall be 4-inches of asphalt concrete over
12-inches of class 2 aggregate base.
37. A stop sign and crosswalk shall be installed on the private street at the new intersection.
"No Parking" signs shall be installed around the perimeter of the cut-de-sac bulb, along
the private driveway serving lots 6-9 and in the emergency turnaround.
38. Street lights shall be installed along the private street.
Water, Sanitary Sewer and Storm Drain Systems
39. The storm drain system and sanitary sewer system in the private street acrd on private
property shall be private and privately maintained. The storm drain across lot 9 shall be
directed to I street without passing through lot 1 1.
Resoliuion No. 2005-225 N.C.S. Page 7
40. Extend the public water main, sanitary sewer main and storm drain system to the
southerly side of parcel C and convert any existing services to the new mains.
41. All new water services shall be 1.5-inches with 1-inch meters. Locate the meters on I
street at the pump house. Individual domestic water booster pumps shall be provided for
all parcels.
42. The public storm drain system design shall be reviewed and approved by the Sonoma
County Water Agency.
43. Thewater main and fire pump system shall be capable of delivering a continuous fire
I7ow as required by the Fire Marshal. The fire pump system and equipment shall be
maintained and funded by the homeowner association.
Easements
44. All necessary easements shall be dedicated on the final map.
45. Parcel A shall include private access, emergency vehicle access, private storm drain,
private sanitary sewer, private fire line, private surface drainage and public water main
casements.
46. The private driveway serving lots 6-9 shall include private access, emergency vehicle
access, private water line, private fire line and private surface drainage.
Misce!lnneous
47. Overhead utilities along the project frontage shall be placed underground from the utility
pole across from lot ] to the first utility pole south of the property line between lot 9 and
the urban separator.
48. Erosion control and water quality control measures shall be employed. The necessary
documentation shall be filed as required by the responsible agencies.
49. Maintenance agreements shall be required for any shared utilities or facilities and shall be
recorded with the final map. Agreements 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.
50. 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.
51. Provide formal appraisals for developer-contributions as required by GASB 34
(Governmental Accounting Standards Board, Statement34).
52. "fhe project shall comply with the City of Petaluma Phase II Storm Water Management
Plan including attachment of post construction requirements. The homeowners
association shall be responsible for providing a yearly inspection and maintenance report
for the proposed storm drain separator.
.Resolution No. 2008-22~ N.C.S. Page 8
From the Fire Marshal:
This project is in substantial conformance with emergency vehicle access, water supply, and
other Fire Department conditions, excepting the conditions noted below:
53. The Fire Department did require an independent, third-party evaluation of the proposed
solution to the water supply issue. The Fire Marshal is authorized to approve alternate
material's or methods as prescribed in California Fire Code Section 103.1.1, which allows
the Fire Department a technical opinion or report without cost to the jurisdiction. This
report was be completed by a fire protection engineer as agreed upon by the developer
and the Fire Marshal.
54. The Fire Marshal has reviewed the 9/2/05 letter (Pinnacle Ridge meeting notes) from
LaFranchi and Associates and accepts the conclusion/conditions noted in the letter,
including fire 17ow calculations for available pressure/gpm flow on the suction side of the
pump. Final approval of assumptions and conclusions weresubject to review by a third-
party technical opinion.
55. Residual pressure for hydrant #3 is marginal, based on 1500 gpm at 20 psi. Connect
hydrant #3 to the fire pump to improve the residual pressure and flow. Also, relocate
hydrant #3_ to property line between Lots 3 and 4.
56. The turnaround for Lots 6, 7, and 8 is acceptable.
57. The perimeter edge of the canoe turnaround, in the cut-de-sac, must be reduced by a
minimum of 1' to assure maximum maneuverability of fire department apparatus.
58. Provide an address momm~ent sign, acceptable to the Fire Marshal for Lots 6-9, with a
minimum of 4" letters on contrasting background with lighted or reflected numbers.
59. Provide a minimum of 12' access gate or other proposed alternate (including the
driveway cut and the graded roadway minimum of 10' inside of gate), from 1 Street to the
urban separator for Fire Department use to suppress brush/grass Tires.
60. I'he open space areas shall contain disked trails, perimeters, and intermediate fire breaks
across the middle to discourage the rapid spread of fire. Such fire abatement practices
shall becompleted on an annual basis. A site plan outlining the firebreaks shall be
submitted to the Firc Marshal's office for approval as part of the landscaping plans
submitted with the building permit. Plans shall also reflect a notation that requires the
HOA or LAD to maintain the fire breaks annually.
61. All structures are within the boundaries of the Very High Fire Hazard Severity lone
(VHPHSZ). Buildings constructed in this zone arc subject to the requirements outlined in
Section 17.20.060 of the Petaluma Municipal Code.
From the Water Resources & Conservation:
62. Due to high pad elevations, air gap booster systems are required for individual residential
units.
Kesolution No. ?008-225 N.C.S. Page 9
63. A rain gage system shall be installed in the Urban Separator. Location and make/model
to be determined by the Water Resources and Conservation Department.
64. On-site storm drain utilities shall be privately owned and maintained.
65. Adouble-detector check valve shall be required to protect the public water supply from
the private fire system.
Under the power xnd amhorily con Cerred upon this Council by the Charter of said City.
REFERENCE: I hereby eertily the foregoing Resolution was introduced and adopted by the A prov~d as to
Council of the City of Petaluma at a Special meetingon the 8ih day of December ~ ~ gym:
2008, by the following eote~.
Citv romcy
AYES: F'rei~as, Harris, Nau, O'nrien, Vice Mayor Rab6itt
NOES: 6aaatt, Mayor'rorliall
ABSENT: None J
/
ABSTAIN: Nane
ATTEST: ~%h '
deputy City Clerk May,4r
Resolwion No. 2005-225 N.C.S. Page 10