HomeMy WebLinkAboutPlanning Commission Minutes 03/26/1996Planning Commission Minutes - 3/26/96
to REGULAR MEETING MARCH 26, 1996
11 CITY COUNCIL CHAMBERS 7:00 PM
12 CITY HALL - PETALUMA, CA
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14 Commissioners. Rahman *, Read, Thompson, Torliatt, vonRaesfeld; Absent:
15 Feibusch, Wick
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17 Staff James McCann, Principal Planner
18 Hans Grunt, Assistant Planner
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20 ' Chairman
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22 PLEDGE OF ALLEGIANCE.
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25 APPROVAL OF MINUTES: Minutes of March 12, 1996 were approved with
26 corrections.
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28 PUBLIC COMMENT: None.
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3o DIRECTOR'S REPORT: Correction to agenda (adjournment will be to Planning
31 Commission meeting of April 9th, not Special Meeting of April I Ith).
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33 COMMISSIONER'S REPORT: Commissioner Torliatt - Attended the City Council
34 meeting regarding Wastewater - Council supportive of recommendations from the
35 Commission; attended a business seminar regarding shopping center management,
36 shopping center uses should be flexible, able to move with the times; when will Economic
37 Plan be agendized ?; Commissioner Rahman - Staff should look very carefully at future
38 agendas, need enough time to discuss Economic Plan; was unable to attend League of
39 California Cities Conference as planned.
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41 CORRESPONDENCE: Letter from Mr. Finwell regarding withdrawal of CUP
42 application - First Interstate Bank.
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44 APPEAL STATEMENT: Was read.
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46 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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Planning Commission Minutes - 3/26/96
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2 OLD BUSINESS/PUBLIC HEARING
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4 L MAXWELL ESTATES SUBDIVISION; A 19.6 ACRE SITE LOCATED
5 EAST OF "D" STREET AT WINDSOR DRIVE; AP NO'S 019 -120 -045
6 AND 046; FILE NO'S REZ,PUD,TSM0086(hg).
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8 Consideration of a recommendation to the City Council for a 14 -lot detached
9 single- family home development on a 19.6 acre property. The project includes
10 requests for:
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12 1) A Mitigated Negative Declaration;
13 2) Rezoning of the site to PUD;
14 3) A PUD Development Plan;
1 5 4) A Tentative Subdivision Map to create 14 residential lots.
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17 This item was continued from the Planning Commission meeting of December 12,
18 1995.
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20 Assistant Planner Grunt presented the staff report.
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22 The public hearing was opened.
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24 SPEAKERS:
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26 Commissioner Read - Questions regarding long -term weed abatement and maintenance
27 responsibilities of private or commonly -owned properties.
28 Principal Planner McCann - Clarified Homeowner's Association requirement/Maintenance
29 agreement; applicant does not wish to create a Homeowner's Association.
30 Commissioner Read - What will happen (regarding weed abatement) if homes are not built
31 soon?
32 Principal Planner McCann - Developer /owner will be responsible for maintenance of the
33 site.
34 Bonnie Diefendorf - Applicant's Engineer - Explained the necessary realignment of the
35 roadway per the Fire Marshal's requirement and the proposed modification of lot lines
36 (Lots 1 and 10) as suggested by staff, lots average over 1 acre; believes 8,000 sq.ft.
37 maximum building coverage is not excessive (including agricultural buildings, decks,
38 pools, etc.); regarding open space parcel - staff recommends common open space area -
39 not necessary; regarding offer for future dedication to create public pathway - does not
40 agree because of liability to future lot owners; regarding Engineering Department
41 requirements - public water main extension over adjacent properties - extra water pressure
42 not necessary for this project; if upgrade is installed, requests payback agreement (10 year
43 limit); regarding Engineering condition, 3% plan check fee for public improvements - this
44 fee is being requested arbitrarily, not applied to other projects - should go through City
45 Council, public hearings to establish this fee.
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Planning Commission Minutes - 3/26/96
1 Commissioner Torliatt - Questions regarding lot coverage - clarify if agricultural buildings
2 are included in 8,000 sq.ft. coverage; will all buckeye trees be saved?
3 Bonnie Diefendorf - 4,000 sq.ft. coverage would be ok if agricultural buildings were not
4 included; will try to save all trees.
5 Principal Planner McCann - Some increase from the maximum building coverage of 4,000
6 sq.ft. to include agricultural buildings could be discussed.
7 Commissioner Thompson - Let's clarify this question now.
8 Bonnie Diefendorf - Trying not to force "building up" because of lot coverage restrictions.
9 Charles Maxwell - Project proponent; nothing was wrong with original map; homes could
10 be required to face D Street only; Victoria Subdivision - lots too small; regarding common
11 property - not maintained; no one takes an interest if there is a Homeowner's Association;
12 at first ;meeting - opposed to public path on private property; if City wants this area, let
13 them buy it; where will hiking trail lead to; regarding Kelly Creek Open Space Easement -
14 proposed area is several hundred feet away from Kelly Creek.
15 Jen Coles - Dr. and Mrs. Maxwell's real estate agent - The Maxwells have lost much
16 equity in this property with Sunnyslope Annexation; public access pathway not in
17 existence now; small building envelopes increase bulk
18 Commissioner Read - Will this project be sold to a developer?
19 Jerry Coles - No decision has been made yet.
20 John Fitzgerald - 114 Suncrest - Will be neighbor adjacent to Lot 14; regarding Condition
21 q from the Engineering Department - agrees with Ms. Diefendorf to remove this
22 requirement; four major fires on this hill in the last few years; Homeowner's Association is
23 unnecessary.
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25 The public hearing was closed.
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27 Principal Planner McCann - Regarding Condition q - best resolved at City Council level -
28 regarding common parcel, pedestrian easement - Kelly Creek Open Space designated as
29 such on General Plan; property owner does not wish to dedicate property as is typically
3o done with Open Space areas; Homeowner's Association not necessary staff is trying to
31 simplify long -term maintenance concerns; staff suggested the establishment of an
32 irrevocable offer of dedication of a pedestrian easement in order to allow a pathway to be
33 established in future, this is complicated because this would be over private property,
34 water system improvements - would link water zones for future use (no expansion or
35 increased development), reasonable request to require pay -back in future; has some
36 history relative to existing Subdivision Ordinance - not really germane to Planning
37 Commission's area of interest.
38 Commissioner Thompson - Questions regarding payback agreement.
39 Principal Planner McCann - City has payback mechanism in place, common practice.
40 Commissioner Read - Regarding water extension - what is potential build -out; are we or
41 County aware of any water problems in area?
42 Principal Planner McCann - An extension/upgrade would allow for development of
43 property at higher elevations (above 160 feet) than would be allowed today.
44 Commissioner vonRa.esfeld - Several issues: private street - Noelle Drive - assumes same
45 street section as Marantha Lane? sidewalk should be on the house side of street; same
Planning Commission Minutes - 3/26/96
1 setbacks should be kept: lower lots - 10 -15 foot setbacks are too small (should be at least
2 20% building envelopes should be clearly shown; has bridge across Kelly Creek been
3 designed? SPARC should look at bridge design if it is above grade; no problem with
4 fences - either (welded wire or single strand wire) should be allowed; agrees with staff on
5 road alignment; new oak trees should be placed in natural fashion - need to be irrigated for
6 longer than 3 years; architectural standards need to be enhanced (continue architectural
7 elements found along D Street (T -1 -11 siding should not be allowed) all elevations should
8 be of the same material; garages should be minimizers porches encouraged.
9 Commissioner Thompson - No need for Homeowner's Association; public access along
10 creek - who would use this area? water upgrade should be upgraded (payback should be
11 allowed); 20 ft. setbacks minimum.
12 Commissioner Torliatt - Agrees with 20 ft. setbacks; encourages single -story building;
13 delineation of building envelopes encouraged; no on "q ".
14 Commissioner Read - Should send best possible project to City Council; reconfiguration
15 of lots - does staff feel comfortable with lot line shuffle (between Lots 1 & 10) ?; make
16 sure this is not a "taking "; work with applicant on issue of future dedication; payback
17 agreement should be allowed.
18 Commissioner Rahman - Is Commission suggesting that this should be sent back to staff
19 for "tightening -up" before going on to Council?
20 Commissioner Thompson - Agrees with street alignment proposed by staff.
21 Commission consensus regarding - easement of Kelly Creek Open Space area - to be
22 determined by City Council if area to remain private or City should have an option to
23 purchase in future if walking trail is desired at a later date; note that applicant not in
24 agreement with common space; Homeowner's Association not necessary; front yard
25 setbacks fronting public /private street should have 20' minimum setback except Lot 3;
26 building envelopes should be defined prior to City Council; Lots 2,3,4,6,7,9 - move
27 sidewalk to other side of street; place oak trees in a natural manner; encourage single -
28 story homes (add into Architectural Design Guidelines); regarding Open Space issue -
29 keep as written.
30 Bonnie Diefendorf - Clarify Open Space Easement - owner does not object to City
31 purchasing property.
32 Principal Planner McCann - Su mmaris ed comments from Commissioners.
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34 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner
35 Torliatt to recommend to the City Council adoption of a Mitigated Negative Declaration,
36 approval of a Rezoning from PUD to PUD; a PUD Development Plan and associated
37 Tentative Subdivision Map to create fourteen single- family residential lots based on the
38 findings and subject to the amended mitigation measures and conditions listed below:
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40 Commissioner Read: Yes
41 Commissioner Feibusch: Absent
42 Commissioner Thompson: Yes
43 Commissioner Torliatt: Yes
44 Commissioner vonRaesfeld: Yes
45 Commissioner Wick: Absent
46 Chairman Rahman: Yes
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Planning Commission Minutes - 3/26/96
Commission requested copy of staff report prior to City Council meeting.
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Findings
for a Mitigated Negative Declaration_
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1.
A Final Environmental Impact Report (FEIR) was prepared and certified by the
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City Council in conjunction with the annexation of this property. The FEIR
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adequately addresses environmental effects of the project. However, this project
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for the development of fourteen single- family lots introduces new information
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regarding the project's potential environmental impacts. Therefore, pursuant to
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Section 15162 of the CEQA Guidelines, the City Council finds that the FEIR is
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adequate, but that the Initial Study prepared for the project is adequate for
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identifying and establishing additional mitigation measures to address the new
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project specific impacts.
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An Initial Study has been prepared and proper notice provided in accordance with
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CEQA and local environmental guidelines.
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Based upon the Initial Study and comments received, potential environmental
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impacts due to grading, as well as impacts on plant life, views, aesthetics and
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traffic, will be avoided or reduced to a level of insignificance by requiring the
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following mitigation measures as conditions of approval. There is no substantial
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evidence that the project, as mitigated, will have a significant effect on the
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environment.
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A monitoring program has been included with the mitigations, where applicable, to
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ensure compliance with the adopted mitigation measures.
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An Initial Study has been conducted by this lead agency, which has evaluated the
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potential for this project to cause an adverse effect -- either individually of
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cumulatively -- on wildlife resources. For this purpose, wildlife is defined as "all
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wild animals, birds, plants, fish, amphibians, and related ecological communities,
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including the habitat upon which the wildlife depends for its continued viability."
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(Section 711.2, Fish and Game Code). The project does not have potential to
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adversely affect wildlife resources as defined in the Fish and Game code, either
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individually or cumulatively because the necessary improvements within Kelly
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Creek, as mitigated, will not have the potential to cause significant adverse effects
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on lands which support fish and wildlife.
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Mitigation Measures
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(Mitigation Measures and respective Monitoring to be added here pursuant to the attached
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Initial
Study.)
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Findings
for Rezoning to PUD:
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1.
The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to reclassify
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and rezone Assessor's Parcel No. 019 - 120 -045, known as Maxwell Subdivision, to
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Planned Unit Development (PUD) district is in general conformity with the
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Petaluma General Plan.
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Planning Co mmissi on Minutes - 3/26/96
2. The public necessity, convenience and general welfare clearly permit and will be
furthered by the proposed Amendment to the Zoning Ordinance, reclassifying and
rezoning the Maxwell Subdivision to PUD.
5 3. The proposed PUD Development Plan has complied with the requirements of
6 CEQA pursuant to Section 15162 of the CEQA Guidelines, through the
7 preparation and certification of the FEIR for the Sunny Slope Annexation and the
8 subsequent Mitigated Negative Declaration prepared and adopted (Resolution
9 No. N.C.S.) by the City Council for this project which addresses the
10 potential environmental impacts associated with its development, and no further
11 environmental analysis is necessary.
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13 Findings for Approval of the PUD Development Plan
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15 1. The proposed Maxwell Residential PUD Development Plan, as conditioned, results
16 in a more desirable use of the land and a better physical environment than would be
17 possible under any single zoning district by allowing the establishment of larger
18 single family lots with substantial open space area, including a portion of the Kelly
19 Creek corridor at and/or near the City's Urban Limit Line.
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21 2. The establishment of an non - development parcel to preclude further development
22 over a portion of the site (Kelly Creek Open Space corridor) is consistent with
23 General Plan policies regarding the preservation of designated Open Space; and
24 the configuration of buildable lot areas combined with non - development easements
25 and building setback lines is consistent with policies in the General Plan regarding
26 the preservation of the scenic beauty of the Western hills as well as the policies
27 regarding density reduction in proximity to the Urban Limit Line.
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29 3. The Development Plan for the proposed development, as conditioned, presents a
30 unified and organized arrangement of building envelopes, utilities, and landscaping
31 which are appropriate in relation to the natural hillside and improvements on
32 nearby properties.
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34 4. The natural and scenic qualities of the site are protected, with adequate available
35 public and private spaces, including open space easements as proposed and
36 conditioned, for the Unit Development Plan.
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38 5. The development of the Maxwell property in the manner proposed by the
39 applicant, and as conditioned by the City to provide vehicle and pedestrian access
40 including a public path and sidewalk adjacent to "D" Street, will not be detrimental
41 to the public welfare, will be in the best interest of the City, and will be in keeping
42 with the general intent and spirit of the General Plan of the City of Petaluma and
43 its applicability to the Sunny Slope Annexation area.
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45 6. The vehicle and pedestrian circulation pattern of the proposed Planned Unit
46 Development Plan has been reviewed in the context of the traffic capacity on "D"
47 Street, nearby developed properties and the potential development of adjacent
48 properties and, has been designed to be compatible with the circulation patterns,
49 needs, and carrying capacity.
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51 7. The proposed PUD Development Plan has complied with the requirements of
52 CEQA pursuant to Section 15162 of the CEQA Guidelines, through the
Planning Commission Minutes - 3/26/96
1 preparation and certification of the FEIR for the Sunny Slope Annexation and the
2 subsequent Mitigated Negative Declaration prepared and adopted (Resolution
3 No. N.C.S.) by the City Council for this project which addresses the
4 potential environmental impacts associated with its development, and no further
5 environmental analysis is necessary.
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7 Conditions for the PL TD Development Plan:
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9 1. All requirements from the City Planning Department shall be complied with,
10 including:
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12 a. All mitigation and monitoring measures of the Mitigated Negative
13 Declaration (Resolution No. N.C.S.) adopted for this project shall be
14 enforced, as applicable, with all components of the PUD Development
15 Plan, including but not limited to, the PUD Development Plan (site plan),
.16 the PUD Landscaping and Fencing Plan, and the Development Guidelines.
17 b. All conditions of the Tentative Subdivision Map (Resolution
18 No. N.C.S.) adopted for this project shall be enforced, as applicable,
19 with all components of the PUD Development Plan, including but not
20 limited to, the PUD Development Plan (site plan), the PUD Landscaping
21 and Fencing Plan, and the Development Guidelines.
22 C. All aspects of the PUD Development Plan, including but not limited to, the
23 PUD Development Plan (site plan), the PUD Landscaping and Fencing
24 Plan, and the Development Guidelines shall be reviewed and approved by
25 SPARC, and amended accordingly, subject to staff review and approval
26 prior to Final Map approval.
27 d. A full scale reproducible copy of the PUD Development Plan, Landscaping
28 and Fencing Plan and a final copy of the Development Guidelines as
29 approved by SPARC shall be submitted to the Planning Department,
30 subject to staff review and approval prior to Final Map approval.
31 e. Development of all public and private improvements for Phases 1 and 2 of
32 this PUD Development plan, including but not limited to, the PUD
33 Development Plan (site plan), the PUD Landscaping and Fencing Plan, and
34 the Development Guidelines must comply with all applicable mitigation and
35 monitoring measures of the Mitigated Negative Declaration (Resolution
36 No. N.C.S.), and all applicable conditions of the PUD Development
37 Plan and Tentative Subdivision Map.
38 f. Development of the residential lots within Phases 1 and 2 of this PUD
39 Development Plan shall comply with all provisions of the Development
40 Guidelines on file with the City of Petaluma, subject to staff review and
41 approval.
42 g. The applicants/developers shall defend, indemnify, and hold harmless the
43 City or any of its boards, commission, agents, officers, and employees from
44 any claim, action or proceeding against the City, its boards, commission,
'45 agents, officers, or employees to attack, set aside, void, or annul, the
46 approval of the project when such claim or action is brought within the
47 time period provided for in applicable State and/or local statutes. The City
48 shall promptly notify the applicants/developers of any such claim, action, or
49 proceeding. The City shall coordinate in the defense. Nothing contained in
50 this condition shall prohibit the City from participating in a defense of any
51 claim, action, or proceeding if the City bears its own attorney's fees and
52 costs, and the City defends the action in good faith.
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2. All requirements from the City Building Division shall be complied with, including:
a. Grading plans must be certified when completed to indicate compliance
with approved plans and will be required for occupancy.
b. Certify finish floor elevation before occupancy.
C. Any holding tank required for elevations above 160 feet must meet
Engineering Department design requirements.
d. Where ground slopes greater than 1 on 10, foundations shall be stepped per
Uniform Building Code 2907(c).
e. Soils with expansion index greater than 20 requires special design
foundation per Uniform Building Code 2904(b).
f. All roofing shall be "B" rated of better per Ordinance No. 1744/1988.
g. Driveway gradient shall comply with ordinance No. 1533/1.982.
h. Responsible party to sign plans.
i. Submit soils report to verify foundation design.
j. Plans must show compliance to 1991 UBC, UPC, UMC, and 1990 NEC.
Plans must also show compliance to current Title 24 Energy Code.
k. Provide structural calculations for all non - conventional design items.
Findings for the Tentative Map:
The proposed subdivision, as conditionally approved, together with provisions for
its design and improvement, is consistent with the General Plan as a well- designed
development that is harmonious with its setting within the western hills of
Petaluma and provides adequate pedestrian and vehicle access and services to the
proposed lots.
2. The hillside site is physically suitable for the type of lower density single - family
residential development as conditionally proposed with building envelopes
restricted to the flatter areas of the site and more sensitive areas regulated by open
space easements and non - development easements.
The Tentative Subdivision Map provides reasonable public access from "D" Street
on private roads (Noel Drive and Maranatha Lane) to the proposed lots.
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The proposed map, subject to the following conditions, complies with the
requirements of the Municipal Code, Chapter 20.20 and the Subdivision Map Act.
39 5. The proposed map has complied with the requirements of CEQA pursuant to
40 Section 15162 of the CEQA Guidelines, through the preparation and certification
41 of the FEIR for the Sunny Slope Annexation and the subsequent Mitigated
42 Negative Declaration prepared and adopted (Resolution No. N.C.S.) by the
43 City Council for this project which addresses the potential environmental impacts
44 associated with its development, and no further environmental analysis is
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47 6. The design of the subdivision and the type of improvements will not cause public
48 health problems as the improvements including sanitary sewer, storm drains and
49 water systems, designed to the satisfaction of the City Engineer.
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Planning Commission Minutes - 3/26/96
7. Omission of a public sidewalk extension across the project site's "D" Street
frontage south of the project's street entrance (Noel Drive) will not jeopardize
public safety.
Conditions for the Tentative Man:
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All requirements from the City Engineering Department shall be complied with,
including:
a. A 10 foot wide "public water main easement" shall be dedicated to the City
over Lot 10 to the easterly boundary of the subdivision in addition to the
areas shown on the Tentative Map. The 12 -inch water main shall extend to
the end of Maranatha Lane. This easement will allow for the future
extension of the Zone III Water System to adjacent properties within the
urban limit lines. The Planning Commission supports the establishment of
a reimbursement agreement for these improvements. Ductile iron water
mains shall be installed in hillside areas with landslide deposits.
b. Noel Drive shall be included with the proposed common area and be a
private road. The privately maintained roadways structural sections shall
be designed based upon the cities Minor Residential Street Traffic Index.
Parking shall be restricted to comply with minimum fire access
requirements. Provisions to assure vehicles do not park on Maranatha
Lane shall be installed (i.e., signs, red curbs, etc.).
C. No lot -to -lot drainage shall be allowed. Surface runoff shall be addressed
within each individual lot, then conveyed to an approved storm drain
system. Open graded swales are not recommended on hillside subdivisions.
In order to minimize erosion, surface drainage concrete swales with inlets
to a pipe system shall be utilized.
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Provide public storm drainage systems within public rights -of -way to all
extent possible. Privately maintained storm drain systems shall have a
mechanism to insure long -term maintenance (i.e., CC &R's, Agreement).
The hydraulic capacity of the downstream storm drain system (Kelly Creek
from this project to the limit of detail study shown on the F.I.R.M.
documents) shall be determined to be adequate to handle the additional
run -off generated by this development and by the potential development of
the upstream watershed. If determined to be inadequate, necessary
improvements shall be designed and constructed by the project applicant to
address the added capacity needs. A public hydraulic maintenance
easement shall be dedicated to the City and shown on the Final Map, to
allow for hydraulic maintenance of Kelly Creek within this subdivision.
The lots created with Phase 2 shall be provided with a privately maintained
storm drain system, where drainage within a public right -of -way is not
feasible. The privately maintained storm drain system shall be maintained
by the homeowners association and shall maintain an annual budget for
maintenance of said system addressed in the covenants, conditions and
restrictions.
All sanitary sewer mains servicing more than one lot shall be public. Public
sanitary sewers on private property shall be within a 10 foot wide easement
dedicated to the City and paved. Publicly maintained sanitary sewers shall
be ductile iron where installed in a hillside with slide potential.
The improvement plans shall address the potential for erosion in the area of
"D" Street where the storm drain pipe crosses Noel Drive.
Planning Commission Minutes - 3/26/96
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g. City Standard curb, gutter and sidewalk shall be installed on "D" Street
from the northerly property corner to the intersection with Noel Drive. An
interim 4 foot asphalt pedestrian path shall be provided along "D" Street
connecting this project to the existing sidewalk northerly 700E feet of the
project. The area required to provide an interim 4 foot asphalt pedestrian
path on "D" Street shall result in a cross - section area of a minimum 12 foot
travel lane, in each direction, 6 foot bike lane along the easterly side, and
the 4 foot asphalt pedestrian path separated by an asphalt dike.
h. A 1 -foot non - access easement shall be dedicated to the City on the Final
Map across the entire project's "D" Street frontage, except in the area of
Noel Drive.
i. All cut and fill slopes shall be constructed per the soils investigation report
(by John H. Hailey dated 11/25/94) and no greater than 2 to 1 slopes.
Special attention shall be given to areas of soil landslide deposits as
identified in the Sunnyslope Final EIR dated March 17, 1989. All slopes
constructed in conjunction with the roadways, shall have a slope easement
to allow the responsible party (public/private) access to repair /stabilize any
slope damage. All retaining walls as shown on the Tentative Map shall be
constructed on private property. The homeowners covenants, conditions
and restrictions shall address maintenance of the slopes.
j. City Standard pavement markings shall be installed on "D" Street in the
area of the intersection and Noel Drive. "D" Street markings shall provide
a left turn pocket into this project. Lane configuration and markings shall
be buttons and/or thermoplastic and subject to the review of the City
Traffic Engineer.
k. City Standard street lights shall be installed on the easterly side of "D"
Street, across this project frontage, up to Kelly Creek.
1. The proposed articles of incorporation of an owner's or tenant's
organization legally empowered to own, maintain and pay taxes on the
proposed lands being retained in private ownership for community use shall
be submitted for City review and approval. This required document
(pursuant to 20.16.220 PMC) shall address all publicly and privately
maintained facilities, structures, easements, improvements, utilities, etc.
m. Half street section of Windsor Drive shall be slurry sealed where the 12
inch water main is to be installed. 'A 10 foot minimum separation between
the new water main and existing utilities is required.
n. Pursuant to Municipal Code Section 20.36.140; all utility distribution
facilities shall be placed underground. All existing overhead utility
distribution facilities across the project's "D" Street frontage shall be placed
underground.
o. Improvement Plans shall be prepared per City Department of Engineering
Minimum Design Criteria, Improvement Plan Preparation and Standard
Details and Specifications. Record drawings for grading/slide repair shall
be provided to the City's Engineering Department.
P. The developer shall comply with all requirements of the Petaluma
Municipal Code including but not limited to Chapter 20 SUBDIVISIONS.
2. All requirements from the City Fire Marshal's office shall be complied with,
including:
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Planning Commission Minutes - 3/26/96
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Residential buildings constructed over 3,500 sq.ft. in area are required to
have a residential fire system designed and installed in accordance with
N.F.P.A 13 -D, in all areas including attic, garage bathrooms with
combustible fixtures, bathrooms over 55 sq.ft. and closets over 24 sq.ft. or
over 3 feet deep.
In residential buildings less than 3,500 sq.ft. in floor area, provide dire
suppression system at normal sources of ignition. These areas are
specifically at clothes dryers, kitchen stoves, furnaces, water heaters,
fireplaces and in attic areas at vents and chimneys for these appliances and
equipment. In addition, spare sprinklers (one of each type in the residence)
and wrench shall be provided in a red spare sprinkler head box in the
garage-
Minimum fire flow required for this project is 1,500 gallons per minute at
20 pounds per square inch (psi).
All required fire lanes in which no parking is allowed, shall be designated
by painting curbs red. Where no curbs exist, signs approved by the Fire
Marshal shall be installed.
No roadway grade shall exceed 12 percent (15 percent maximum with
approval of Fire and Engineering). Private driveways may exceed 15
percent maximum grade so long as the driveway is not considered part of
the emergency vehicle access (EVA).
An approved hammerhead turnaround shall be provided for all driveways
on which the finished structure may exceed 150 feet from the street.
Address locator required to be posted at or near the driveway entrance.
Reflectorized numbers are acceptable. Location and design to be approved
by the Fire Marshal's office.
All roofing material shall be rated Class "B" or better, treated in
accordance with the Uniform Building Code Standard 32.7 and City of
Petaluma Ordinance 1744.
All roofing material applied as exterior wall covering shall have a fire rating
of Class "B" or better treated in accordance with Uniform Building Code
Standard 32.7 and City of Petaluma Ordinance 1744.
Provisions for Annual Weed/Brush Abatement of the urban interface and
the developed area shall be the responsibility of the Homeowner's
Association or other maintenance mechanism. A plan that outlines the
criteria for provisions of weed abatement shall be developed. This plan
shall be approved by the Fire Marshal's office prior to approval of Final
Map of the project. This plan shall include conditions for fire safe
landscaping, fire breaks and shall be in accordance with "Fire Safe
Standards" developed by the State of California.
3. All requirements of PG &E shall be complied with, including:
a. Gas and electric service to this development will be provided in accordance
with the applicable extension rules, copies of which are available from this
office upon request.
b. The cost of any relocation of existing PG &E facilities necessitated by this
project will be the responsibility of the requester.
11
Planning Commission Minutes - 3/26/96
1 4. All requirements of Sonoma County Water Agency shall be complied with,
2 including:
3
4 a. Grading and drainage requirements shall be designed in conformance with
5 the Agency's Flood Control Design Criteria.
6
7 5. All requirements from the City Planning Department shall be complied with,
8 including:
9
10 a. All mitigation and monitoring measures of the Mitigated Negative
11 Declaration (Resolution No. N.C.S.) adopted for this project shall be
12 enforced, as applicable, with all components of the Final Map and
13 associated public/private improvement plans.
14 b. All conditions of the PUD Development Plan (Resolution
15 No. N.C.S.) adopted for this Tentative Subdivision Map shall be
16 enforced, as applicable, with all components of the Final Map and
17 associated public/private improvement plans.
18 C. The Tentative Subdivision Map shall be reviewed and approved by
19 SPARC, and amended accordingly, subject to staff review and approval
20 prior to Final Map approval.
21 d. A full scale reproducible copy of the Tentative Subdivision Map as
22 approved by SPARC shall be submitted to the Planning Department,
23 subject to staff review and approval prior to Final Map approval.
24 e. Development of all public and private improvements for Phases 1 and 2 of
25 the Final Map must comply with all applicable mitigation and monitoring
26 measures of the Mitigated Negative Declaration (Resolution
27 No. N.C.S.), and all applicable conditions of the PUD Development
28 Plan and Tentative Subdivision Map.
29 f. The applicants/developers shall defend, indemnify, and hold harmless the
30 City or any of its boards, commission, agents, officers, and employees from
31 any claim, action or proceeding against the City, its boards, commission,
32 agents, officers, or employees to attack, set aside, void, or annul, the
33 approval of the project when such claim or action is brought within the
34 time period provided for in applicable State and/or local statutes. The City
35 shall promptly notify the applicants/developers of any such claim, action, or
36 proceeding. The City shall coordinate in the defense. Nothing contained in
37 this condition shall prohibit the City from participating in a defense of any
38 claim, action, or proceeding if the City bears its own attorney's fees and
39 costs, and the City defends the action in good faith.
40
41 6. All street names shall be subject to review and approval of the Street Naming
42 Committee prior to Final Map approval.
43
44 7. This project shall be subject to the City's Special Development Fees, including:
45 Sewer and Water Connection, Community Facilities Impact, Storm Drainage
46 Impact, Traffic Mitigation, In -Lieu Contribution for provision of affordable
47 housing, Park and Recreation Land Improvements, and School Facilities (paid
48 directly to the School District). No credit or reimbursement shall be given for the
49 proposed dedication of open space and/or park lands and proposed improvements
50 thereon.
51
52
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Planning Commission Minutes - 3/26/96
From the Initial Study
I.C. Mitigations, if any
5 (1) All grading and erosion control shall be subject to review and approval by the City
6 of Petaluma prior to issuance of a grading permit.
7
8 (2) Final project improvement and grading plans shall be prepared by a registered civil
9 engineer with assistance from a qualified geotechnical professional. The plans shall
X10 be prepared in compliance with the City of Petaluma's Subdivision Ordinance and
11 Grading and Erosion Control Ordinance. The plans shall include a detailed
12 schedule for field inspection of work in progress to ensure that mitigation
13 measures are being properly implemented throughout construction of the project.
14 These plans would be subject to the review and approval of the City of Petaluma.
15
16 (3) Construction of cuts and fills shall be completed with strict adherence to specific
17 geotechnical recommendations, including proper engineering design, and on -site
18 inspection (see above).
19
20 (4) All grading and erosion control shall conform to the City of Petaluma Erosion
21 Control Ordinance 17.31.
22
23 (5) For work conducted within the Kelly Creek corridor, proof of authorization from
24 all responsible trustee agencies, if any, must be submitted to the City prior to
25 issuance of a grading and or building permit.
26
27 (6) Prior to SPARC review of the PUD Development Plan and Tentative Map, the
28 written PUD Development Standards (under Section 4. I. - Grading) shall be
29 amended to incorporate detailed provisions pertaining to permitted grading limits.
30 These provisions shall limit excavation, fill and significant grading and paving for
31 lot- specific development to within the approved building envelopes, except for
32 necessary driveway and pedestrian access and required utilities. Grading slopes in
33 excess of 3:1 shall not be permitted for all proposed private areas, except where
34 2:1 slopes have been approved for approved public and/or private street grading
35 transitions. The height of exposed retaining walls and/or foundation walls shall not
36 exceed 42 ". Excluding grading approved/required for project/Final Map
37 infrastructure (i.e. roads/driveways, storm drainage, utilities etc.), all grading of the
38 individual lots for house and/or building development, shall be restricted until such
39 time as a formal grading and building plan/permit is approved by the City for each
40 individual lot. Proposed fill areas at time of individual/private lot development
41 shall not exceed 5'; cut areas exceeding 5' shall be restricted to the immediate
42 footprint of any proposed structure.
43
44 (7) All lots shall be subject to administrative SPARC approval of grading plans, for
45 review of compliance with the SPARC adopted PUD Development Guidelines.
46 Plans submitted for approval of building permits shall include detailed grading
47 plans in conformance with the SPARC approved plans and project conditions.
48
49 I.D. Monitoring
50
r r:
51 (1) All grading and erosion control work approved by the City must comply with the
52 City's Erosion Control Ordinance 17.31. All grading and erosion control measures
13
Planning Commission Minutes - 3/26/96
1 shall be reflected on the improvement plans prior to recordation of the Final Map.
2 Verification for the implementation of erosion control measures required by the
3 City shall be performed by the project contractor to the satisfaction of the City's
4 Inspectors.
5
6 (2) All public and/or private improvements shall be subject to inspection by City staff
7 for compliance with the approved Improvement Plans, prior to City acceptance.
8 (3) The development of homes on the individual lots shall be subject to the grading
9 provisions included in the Development Guidelines as approved by the City,
10 subject to administrative SPARC review and approval. All private lot construction
11 shall be subject to staff inspection for compliance with the approved plans and
12 project mitigations/conditions prior to issuance of a Certificate of Occupancy.
13
14 2.C. Mitigations, if any
15
16 (1) Watering of the site to reduce airborne dust levels shall be implemented if dust
17 generated during the grading process threatens to travel off site in following wind
18 currents. Additionally, haul trucks, if any, needed to transport soil on or off site
19 shall be covered with tarps to reduce dust emissions.
20
21 (2) All motor powered vehicles and equipment shall be properly equipped wit#
22 mufflef:s to reduce emissions.
23
24 2.D. Monitorine The applicant shall be responsible for insuring that proper measures
25 including watering, as necessary during construction, to prevent dust emissions are
26 implemented. This responsibility shall include holidays and weekend periods when
27 work may not be in progress. Provisions to ensure air quality as specified in the
28 condition shall be enforceable by the City.
29
30 3.C. Mitigations, if any
31
32 (1) This development shall be subject to the City's storm drainage impact fees to cover
33 the incremental impact/increase it will have on the City's storm drainage system. A
34 proportionate share shall be collected by the City prior to issuance of a Certificate
35 of Occupancy for each home.
36
37 (2) No lot -to -lot drainage shall be allowed. Surface runoff shall be addressed within
38 each individual lot then conveyed to an appropriate storm drain system. Open
39 graded swales are not recommended in hillside subdivisions. In order to minimize
40 erosion, surface drainage concrete swales with inlets to a pipe system shall be
41 utilized.
42
43 Provide public storm drain systems within public rights -of -way to all extent
44 possible. Privately maintained storm drain systems shall have a mechanism to
45 insure long term maintenance (i.e. CC &Rs, Agreement). The hydraulic capacity of
46 the down stream storm drain system (Kelly Creek from this project to the limit of
47 detailed study shown on the F.I.R.M. documents) shall be determined by the
48 applicant's project engineer to be adequate to handle the additional run -off
49 generated by this development and by the potential development of upstream
50 watershed. If determined to be inadequate, necessary improvements shall be
51 designed and constructed by the project applicant to address the added capacity
52 needs to the City Engineer's approval prior to City acceptance of public and/or
14
Planning Commission Minutes - 3/26/96
1 private improvements. " eenunen parvael (O p e., cpaee par-eel) defined by the
2 fimks of the epen spare easement where it eneempasses the Kelly Creek eeffide
3 ,
4
5 The project Articles of Incorporation/CC&R's shall include provisions for
6 perpetual maintenance of the hydraulic capacity of Kelly Creek within said Open
7 Space Easement. . Alternately, the Kelly Creek Open
8 Space corridor may be dedicated to the City and maintained (hydraulic capacity)
9 through the formation of a Landscape Assessment District (LAD).
10
11 (3) The Lots created within Phase 2, shall be provided with a privately maintained
12 storm drain system, where drainage within a public right -of -way is not feasible.
13 The privately maintained storm drain system shall be maintained by the
14 homeowners asseeiatien a d who shall maintain an annual budget for maintenance
. 15 of said system addressed in the CC&R's.
16
17 (4) Provide an energy dissipater i.e. rock, grouted rip -rap at any storm drain outfall(s)
18 in Kelly Creek from the projects storm drain system, subject to staff review and
19 approval.
20
21 (5) Prior to construction, the applicant shall obtain coverage under the State of
22 California General National Pollutant Discharge Elimination System (NPDES)
23 Permit for Construction Activities (General Permit) and develop and implement a
24 Storm Water Pollution Prevention Plan (SWPPP), subject to review and approval
25 by the Regional Water Quality Control Board as required.
26
27
(6)
The improvement plans shall address the potential for erosion in the area of "D"
28
Street where the storm drain pipe crosses Noel Drive.
29
30
(7)
All grading activity shall be completed prior to the onset of the rainy season. All
31
new drainage facilities shall be in place and in operation at that time. Grading and
32
excavation activities shall not be permitted during the rainy season. Extensions for
33
grading and drainage facilities work may be allowed in consultation with the
34
Petaluma City Engineer, based on the sensitivity of the specific project area to
35
erosion, sedimentation, and the effectiveness of temporary (rainy season) erosion
36
measures to be implemented by the applicant.
37
38
(8)
A Stream Bed Alteration Agreement pursuant to Fish and Game Code Section
39
1603 may be required for work conducted within Kelly Creek as determined by the
40
Department of Fish and Game. Any permit required shall be obtained prior to
41
commencement of grading work.
42
43
(9)
Plans submitted at time of application for Final Map approval shall include
44
provisions for storm water runoff management. The submittal shall reflect
45
installation of permanent signs at drop inlets to the public storm drain system,
46
which prohibit the deposit of hazardous materials into the system.
47
48
3.D.
Monitoring
49
50
(1)
Detailed grading and improvement plans shall be prepared to reflect the above
51
mitigation measures by the applicant as part of the necessary improvement
52
drawings for the Final Map, subject to staff review and approval. All grading shall
15
Planning Commission Minutes - 3/26/96
1 be performed by the project contractor to the satisfaction of the City's Inspector.
2 All grading and erosion control work approved by the City must comply with the
3 City's Erosion Control Ordinance 17.31. Verification for the implementation of
4 erosion control measures required by the City shall be performed by the project
5 contractor to the satisfaction of the City s Inspector.
6
7 (2) A storm drainage impact fee shall be calculated by the City prior to Final Map
8 recordation. A proportionate share shall be collected by the City prior to issuance
9 of a Certificate of Occupancy.
10
11 (3) The applicant/developer must submit to the City evidence of obtaining a General
12 Permit from the Regional Water Quality Control Board, and, if necessary, a
13 Stream Bed Alteration Agreement prior to issuance of a grading permit.
14
15 4.C. Mitigations, if any
16
17 (1) The landscape plan including all public and private landscaping proposed and/or
18 required shall be submitted for review and approval by the City's Site Plan and
19 Architectural Review Committee ( SPARC), in conjunction with SPARC's review
20 of the PUD Development Plan and Tentative Map.
21
22 A creek corridor habitat restoration ( revegetation plan) shall be prepared to
23 revegetate the Kelly Creek Open Space corridor /parcel. Said plan shall be
24 reviewed and approved by SPARC prior to Final Map approval. The SPARC
25 approved public /private planting plan and the creek corridor (habitat restoration)
26 plantings, and visual mitigation trees shall be installed, subject to City staffs review
27 and approval prior to initial City acceptance of the project's public and private
28 improvements per phase, unless additional time is authorized by the Planning
29 Director due to unforeseen time delays. Upon completion of proposed/required
30 landscaping improvements, the project landscape architect shall certify to the City
31 in writing that all public and private landscaping and irrigation has been installed
32 per the approved landscaping plan.
33
34 For the Kelly Creek Open Space corridor /parcel revegetation plan, a five (5) year
35 monitoring contract with a qualified consultant shall be entered into by the City at
36 the applicant/owner's expense prior to the occupancy of the subdivision. Said
37 monitoring contract shall seek to achieve an 80% survival rate of the plant material
38 installed within the creek corridor. The contract may be expanded at the
39 applicant's expense as determined necessary by the Planning Director to insure the
40 survival rate is achieved.
41
42 (2) As a part of the Articles of Incorporation/CC &R's provisions for perpetual
43 maintenance of plant material, and irrigation systems shall be developed subject to
44 staff review and approval prior to Final Map recordation; provisions for
45 maintenance shall include, but not be limited to landscaping (existing and
46 proposed) within the Kelly Creek Open Space corridor /parcel, within the Open
47 Space Easement as well as all street trees, street tree planting strips and landscape
48 medians within the existing and proposed public and/or private rights -of -way. A
49 copy of the approved Articles of Incorporation/CC &R's shall be submitted to the
50 Planning Department prior to Final Map recordation.
51
16
Planning Commission Minutes - 3/26/96
1 In -lieu of private maintenance of the Kelly Creek Open Space corridor /parcel, said
2 parcel may be dedicated to the City and maintained (hydraulic capacity and
3 vegetation) through the formation of a Landscape Assessment District (LAD).
4 (Refer to mitigation 3.C.(2).)
5
6 (3) Disturbance or removal of healthy trees within the project including the Kelly
7 Creek Open Space corridor shall be avoided to all extent possible. However,
8 where necessary, removal to accommodate project improvements (e.g., roads,
9 utilities, etc.) may be permitted by the Planning Director with a five - for -one
10 replacement of native trees (25" box size) within the Open Space areas.
11
12
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(4) A report prepared by an ISA certified arborist shall be submitted prior to SPARC
review of the PUD Development Plan and Tentative Map. Said report shall
identify all trees affected by proposed construction activities including grading,
road/bridge construction, utility extensions, creek channel improvements, etc. and
shall provide recommendations to avoid or substantially reduce adverse impacts to
trees determined by the arborist to be significant. In particular, the report shall
address the potential impacts to the cluster of Bay trees and the Oak tree which
separate Lots 5 & 12 due to proposed underground utility and road (Maranatha
Lane) improvements. Improvements including driveways shall be prepared
consistent with the recommendations of this report. Work ( general grading
construction of Maranatha Lane and related underground utilities) within the
vicinity of said trees shall be conducted under the supervision of an ISA certified
arborist or tree worker. The report shall be prepared by a consultant selected by
the City at the applicant/owners expense. All costs associated with implementation
of the recommended tree protection measures shall be the responsibility of the
subdivider.
(See mitigation #5.C. for additional measures to insure reduced disturbance to
plant and animal life within the Kelly Creek Open Space corridor.)
4.D. Monitorina
(1) All of the Kelly Creek Open Space corridor /parcel plantings, and visual mitigation
trees in addition to street trees either proposed and/or required throughout the
subdivision on public and private lands as reflected on the landscape plans
approved by SPARC, shall be installed by the applicant/developer, subject to City
staffs review and approval prior to initial City acceptance of the project's public
and private improvements, unless additional time is authorized by the Planning
Director due to unforeseen time delays. The Articles of Incorporation/CC&R's
will insure the perpetual maintenance of plantings within the private right -of -way
and within the Open Space Easement including the Kelly Creek Open Space
corridor /parcel.
(2) Within each phase, all proposed/required plant material on private property,
including plantings proposed or required within the open space easement, shall be
maintained by the applicant/developer for a minimum period of three years
following installation. (Maintenance shall include, but not be limited to regular
watering, pruning, fertilizing and tree replacement, if necessary.) In the event
private lots are sold within said three year period, the applicant/developer shall be
responsible for establishing an agreement with perspective buyers (subject to
17
Planning Commission Minutes - 3/26/96
1 approval by the Planning Director) to ensure that required trees are maintained and
2 replaced, if necessary, for the prescribed maintenance period remaining.
3
4 For the Kelly Creek Open Space corridor /parcel revegetation, the five (5) year
5 monitoring plan with resulting 80% plant and tree survival rate shall be prepared
6 by a qualified consultant selected by staff at the applicant's expense, subject to staff
7 review and approval prior to Final Map recordation, and implemented by the City
8 at the applicant/owners expense upon acceptance of all public and private
9 improvements.
10
11 5.C. Mitigations, if and
12
13 (1) Site disturbance including the movement of heavy equipment (trucks, tractors
14 etc.), stock piling of soils and/or other materials of construction shall be restricted
15 to the immediate areas to be improved i.e. streets, designated driveways and
16 building envelopes to all extent possible. The strict boundaries of necessary site
17 disturbance through the Kelly Creek Open Space corridor /parcel shall be included
18 on the grading and improvement plans, subject to staff review and approval prior
19 to Final Map approval.
20
21 (2) Flagged stakes shall be set 'at the necessary limits of construction across the Kelly
22 Creek Open Space corridor /parcel, subject to staff review and approval prior to
23 commencement of work.
24
25 (3) The developer shall inform the grading contractor and his
26 representatives /employees of the above requirements [Mitigations: 5.C.(1) & (2)].
27 A note to this effect shall be included on the improvement and grading plans,
28 subject to staff review and approval prior to Final Map approval.
29
30 5.D. Monitoring
31
32 (1) The project developer and City inspection staff shall be responsible for insuring
33 that site disturbance is limited to those immediate areas to be improved as reflected
34 on the City approved improvement plans and enforceable by the City.
35
36 6.C. Mitigations, if any
37
38 (1) Construction activities shall comply with applicable Zoning Ordinance and
39 Municipal Code Performance Standards related to noise. Hours of construction
40 work shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00
41 a.m. to 5:00 p.m. on Saturdays. Construction shall be prohibited on Sundays and
42 holidays recognized by the City of Petaluma.
43
44 6.D. Mo�
45
46 (1) The project developer shall be responsible for enforcing hours of construction.
47 Construction activities may be subject to staff observation at all hours of the day
48 until completion. Staff will notify the developer/builder of complaints regarding
49 construction noise and enforce applicable noise standards. Failure to comply may
50 cause revocation of approved construction permits until complaints are resolved.
51
52 7.C. Mitigations, if any
18
Planning Co mmissi on Minutes - 3/26/96
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(1) The PUD Development Guidelines shall include design measures to reduce private
light impacts i.e. low intensity outdoor lights only (no flood lights), low profile
light standards and/or wall mounted lights, lights attached to buildings shall
provide a soft "wash" of light against the wall, no direct glare, no pole mounted
lights in excess of 8 feet in height, etc., subject to SPARC review and approval.
(2) If proposed, short, low- intensity level street lights shall be used on the private
street and drives rather then taller standard City street lights. Details and locations
of any proposed street or common area lights shall be reflected on the PUD
Development Plan submitted for SPARC review and approval prior to Final Map
recordation. Baffles or shields shall be required on all external light fixtures to
direct light downward.
7.D. Monitoring?
(1) SPARC shall review the PUD Development Plan to ensure that the design and
location of any lights proposed along the private roads within the common area
satisfy the adopted mitigation measures.
(2) Subdivision improvement plans public/private and plans submitted for individual
house construction must include details of all proposed street lights and/or exterior
light fixtures, subject to staff review and approval prior to Final Map approval and
issuance of building plans for house construction respectively.
8.C. Mitigations, if any
(2) See Mitigation #4. C. which addresses Kelly Creek Open Space corridor habitat
restoration and maintenance.)
8.D. Monitorins
(1) Staff shall confirm receipt of the irrevocable offer of dedication of an easement in a
form acceptable to the City Attorney prior to the approval of the Final Map.
9.C. Mitigations, if any None recommended.
9.D. Monitoring None recommended.
13.C. Mitigations, if any
(1) City standard curb, gutter and sidewalk shall be installed on "D" Street from the
northerly property corner to the intersection with Noel Drive. An interim 4 foot
asphalt pedestrian path shall be provided along "D" Street connecting this project
to the existing sidewalk northerly 704± feet of the project. The area required to
provide an interim 4 foot asphalt pedestrian path on "D" Street shall result in a
19
Planning Commission Minutes - 3/26/96
1 cross - section area of a. minimum 12 foot travel lane, in each direction, 6 foot bike
2 lane along the easterly side, and the 4 foot asphalt pedestrian path separated by an
3 asphalt dike. Details and alignment of this connection shall be reflected od the
4 improvement plans and shall be reviewed and approved by the City Engineer prior
5 to the approval of the Final Map.
6
7 (2) The Articles of Incorporation/CC&R's shall include provisions for private
8 maintenance of all private roads and/or shared private driveways, subject to the
9 City Attorney's review and approval prior to Final Map recordation.
10
11
(3)
The development shall be responsible for a fair share contribution to the City's
12
13
Traffic Mitigation fee as established in the City's Special Development Fees
handout.
14
15
(4)
Sidewalks shall be located on the house side of the private roadway in the area of
16
Lots 1, 2 and 3.
17
18
B.D.
Monitoriniz
19
20
(1)
A Traffic Impact Mitigation fee shall be collected for each home prior to issuance
21
of a Certificate of Occupancy.
22
23
(2)
The design of the sidewalks and 4 foot asphalt path/link shall be included with
24
subdivision improvement plans, subject to staff review and approval, prior to Final
25
Map recordation, and installed prior to acceptance of all public improvements.
26
27
(3)
The Articles of Incorporation/CC&R's shall be submitted with the City for the
28
City Attorney's review and approval to ensure adequate provisions are included for
29
private maintenance of all private roads and/or shared private driveways prior to
30
Final Map recordation.
31
32
14.C.
Mitigations, if and
33
34
(1)
The developer shall be subject to pay City development fees as established in the
35
current Special Development Fees handout. Fees include: sewer connection, water
36
37
connection, community facilities development, storm drainage impact, parks and
recreation land improvements, school facilities, traffic mitigation, and in -lieu for
38
provision of low income housing.
39
40
(2)
Minimum fire flow required for the subdivision shall not be less than 1500 GPM
41
per hydrant at 20 pounds residual pressure.
42
43 (3) No roadway grade shall exceed 12 percent (15 percent maximum with approval of
44 Fire and Engineering). Private driveways may exceed 15 percent maximum grade
45 provided said driveway is not considered, by the Fire Marshal, to be part of the
46 Emergency Vehicle Access (EVA).
47
48 To maintain a maximum gradient of 15 %, the driveway/EVA serving Lots 13 and
49 14 may be relocated to extend from the terminus of Maranatha Lane between Lots
50 11 and 12, across Lot 13 to Lot 14, subject to the Fire Marshal's review and
51 approval prior to Final Map recordation. The PUD Development Plan and
20
Planning Commission Minutes - 3/26/96
1 Tentative Map submitted for SPARC review shall reflect the approved/alternate
2 driveway realignment.
3
4 14.D. Monitorin -
5
6 (1) Special Development Fees shall be collected as prescribed in the City's Special
7 Development Fees handout.
8
9 (2) The appropriate locations for fire hydrants and calculations for adequate fire flows
10 shall be included on/with the subdivision improvement plans, subject to the Fire
11 Marshal and City Engineer's review and approval prior to Final Map approval and
12 constructed accordingly prior to City acceptance of all applicable subdivision
13 improvements.
14
15 (3) The adequacy of proposed road and driveway improvements/easements for
16 emergency vehicle access shall be included on the subdivision improvement plans
17 and/or Final Map, subject to the Fire Marshal and City Engineer's review and
18 approval prior to Final Map approval and constructed prior to City acceptance of
19 all applicable subdivision improvements.
20
21 16.C. Mitigations, if any
22
23 (1) The applicant/developer for the construction of subsequent homes/lots must pay
24 water, and sewer connection fees, and storm drainage impact fees as set forth in
25 the City's Special Development Fees handout.
26
27 16.D. Monitoring
28
29 (1) Sewer, and water connection fees, and storm drainage impact fees will be collected
30 for each individual home prior to issuance of a Certificate of Occupancy.
31
32 18.C. Mitigations, if any
33
34 (1) The Development Guidelines shall be amended to include the following provisions
35 prior to SPARC review of the PUD Development Plan and Tentative Map:
36
37 a. Under 1. "Statement of Intent" - Incorporate notification that:
38 Individual lot/house development is subject to the City of
39 Petaluma's Administrative Site Plan and Architectural Review
40 ( SPARC) review process prior to issuance of a building permit
41 pursuant to the provisions incorporated in these Development
42 Standards and including: for assessment of the sensitivity of the
43 individual lot development proposals, particularly as they relate to
44 the following: 1) preservation of visible open space including
45 hillsides and ridgelines, including conformance with the intent of the
46 designated open_ space easements and non - development easements;
47 2) responsiveness to potential privacy issues; 3) minimization of
48 drainage and grading impacts,. particularly as they relate to downhill
t . 49 development and public views; and 4) avoidance of potential
50 grading and irrigation impacts to existing trees and/or trees required
51 with this PUD Development Plan. Additional lot- specific analysis
52 may be conducted and/or more restrictive grading, height, floor
21
Planning Commission Minutes - 3/26/96
1 area, lot coverage, exterior design, landscaping or other standards
2 may be imposed through the SPARC process as necessary to ensure
3 appropriate architectural and site design for the individual setting
4 under consideration.
5
6
b. Under- 4. & Maxiffmm Lot Ceverage
10
set inelude reef eyeFhangs, epen "
11
mss. '
12
13
C.
Under 4. B. Maximum Building Height: First paragraph shall be
14
reworded as follows - Maximum permitted building height
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[existing/natural grade to roof ridge(s)] for primary residence shall
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be limited to 25 feet; height may be measured from existing/natural
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grade as reflected on the Final Map improvement drawings to the
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rid -point of the roof for innovative designs which can be shown to
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lessen the visual massing of the residence over what is permitted
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under the more restrictive provisions of these guidelines. On
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sloping sites, buildings shall be stepped to minimiz the exposed
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foundation conditions; this shall not preclude houses with increased
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floor area by digging/ "keying" said houselfootprint into in the
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hillside. The maximum height [existing/natural grade to roof
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ridge(s)] for an accessory structure shall be 15 feet. Detached
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accessory dwellings may not exceed 21 feet in height.
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d.
Under 4. D. Landscaping: The third paragraph shall be amended to
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require installation of required landscaping pdor to issuance of a
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Certificate of Occupancy.
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Under 4. E. Architectural Standards: The second paragraph shall be
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reworded as follows - Accessory structures shall be constructed of
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the same and/or complementary materials as the main residence
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except for agricultural structures.
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f.
Under 4. E. Architectural Standards: The following shall be added
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as the first paragraph - All lots proposed for new home
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construction shall be subject to administrative SPARC review.
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Under 4. E. Architectural Standards - Include the following: The
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use of reflective building siding and roofing and/or bright colors
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shall be avoided and/or limited.
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h
Under 4.E. Architectural Standards - Add the following.,
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- The dominance of garages on new homes shall be reduced
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by recessing garages behind the plane of the living space
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or by detaching the garages from the home;
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- Encourage useable porches on new houses,
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- Homes built on Lots 1, 2, 3, 4, 7 & 8 shall present a front
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elevation and be oriented to D Street,
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Planning Commission Minutes - 3/26/96
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- T -111 siding material shall be prohibited in all new
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construction;
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- All building elevations shall be given the same level of
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architectural treatment and shall utilize the same building
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materials;
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- New homes shall be of a design similar in nature to the
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traditional style of homes on D Street.
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i.l} Under 4. E. Landscaping - The following paragraph shall be added
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- The applicant/developer shall submit a landscape plan in
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conjunction with building plans at time of application for
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administrative SPARC review to ensure proper size of plantings
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(i.e. 15 gal. or 24" box tree sizes etc.), plant screening value, as
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well as visual enhancement of areas between their residences and
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views from the public/private streets; native trees and shrubs shall
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be utilized in the planting of private yards (front, side, rear) which
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have greater value to nesting birds and other wildlife to the
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maximum extent feasible without compromising the need for
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providing attractive, useful outdoor space for humans;
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Applicants/developers are required to landscape the areas between
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their residences and the public/private street frontage prior to
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issuance of a Certificate of Occupancy.
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j.i: Under 4. G. Setbacks - If the proposed driveway serving Lots 13 &
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14 is realigned in order to not exceed a 15% gradient, the setbacks
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on effected properties shall be revised.
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k. Under 4.G. Setbacks - Modify front/street setback to 20'; 15' for
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Lot 5
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1. Under 4. C. Fences - Add the use of single strand wire fencing as
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an acceptable fence type.
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34 (2)
Visual mitigation trees (proposed/approved by SPARC) to be installed with the
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'subdivision shall be a minimum 24" box size and installed prior to acceptance of
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public and/or private improvements, unless additional time is granted by the
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Planning Director due to unforeseen time delays.
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39 (3)
All components of the PUD Development Plan, pursuant to all applicable
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mitigations imposed herein, shall be subject to review and approval by SPARC to
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insure that the project's overall design is harmonious with the surrounding natural
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hillsides, Kelly Creek, and neighboring improvements, prior to Final Map approval.
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44 (4)
The CC &R's shall include a provision that prohibits the removal of existing,
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proposed and required tree plantings included on the PUD Landscaping and
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Fencing Plan as approved by SPARC, and any subsequent plantings required by
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the Planning Director due to necessary tree removal for construction. Exceptions
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shall be allowed in cases where the trees create a safety hazard as determined by
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the Planning Director.
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Planning Commission Minutes - 3/26/96
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(S) SPARC shall review the design of the bridge over Kelly Creek with special
attention to pedestrian elements and scale.
(6) The project landscape plan, creek restoration plan, and visual mitigation planting
plan shall be designed to create a natural pattern.
(7) The project Design Guidelines shall encourage single - story, low profile homes
18.D. Monitoring
(1) All proposed and or required mitigations /modifications to the PUD Development
Plan and Final Map, including but not limited to the PUD Development Plan (site
plan), the Development Guidelines, and the PUD Landscaping and Fencing Plan as
required by the City Council and/or SPARC shall be made, subject to staff review
and approval prior to Final Map approval.
(2) Development of individual homes/lots shall be subject to the provisions of the
Development Guidelines as amended herein (and approved by SPARC) through
administrative SPARC review and approval prior to issuance of a building permit.
(3). All construction shall be subject to City staff inspection for compliance with
adopted mitigation measures and conditions of project approval, the approved
Public Improvement Plans and approved development permits, prior to City
acceptance of public and/or private area improvements and issuance of a
Certificate of Occupancy for each new unit constructed.
19.C. Mitigations, if any
(1) The developer shall be required to contribute a . park and recreation land
improvement fee as established in the City's current Special Development Fee
handout.
19.D. Monitoring (1) A park and recreation land improvement fee shall be collected
prior to issuance of a building permit for each house.
20.C. Mitigations, if any
(1) 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 Indian
community shall also be notified and consulted in the event any archaeological
remains are uncovered.
20.D. Monitoring
(1) The City inspectors and project contractor shall monitor for
archaeological/historical artifacts during all phases of construction.
8: 00 PM
24
Planning Co mmissi on Minutes - 3/26/96
1
2 NEW BUSINESS/PUBLIC HEARINGS
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4 1I. ZONING ORDINANCE AMENIDMIENTS; CITY OF PETALUMA
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6 Consideration and recommendation to the City Council of two proposed
7 amendments to the Zoning Ordinance to:
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9 1) Allow larger (32 sq.ft.) announcement signs at public and private academic
10 schools.
11 2) To allow, as conditional uses, medical offices of a limited scale in the Light
12 Industrial (M -L) district.
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14 Principal Planner McCann presented the staff reports.
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16 The public hearing was opened.
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18 SPEAKERS:
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20 Commissioner Read - Concerns regarding sign vandalism and maintenance; is staff
21 language strong enough?
22 Principal Planner McCann - Vandalism and on -going maintenance are concerns.
23 Sandra Larsen - Teacher, Petaluma Jr. High - Maintenance handled by school, will not be
24 a problem; larger sign would be a service to community.
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26 The public hearing was closed.
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28 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner
29 Torliatt to find the proposed amendment to the Petaluma Zoning Ordinance to be exempt
30 from the requirements of CEQA pursuant to State Guidelines Section 15061(b)(3) and
31 recommend to the City Council approval of the requested Zoning Ordinance Amendment
32 based on the amended findings listed below:
33
34 Commissioner Read: Yes
35 Commissioner Feibusch: Absent
36 Commissioner Thompson: Yes
37 Commissioner Torliatt: Yes
38 Commissioner vonRaesfeld: Yes
39 Commissioner Wick: Absent
40 Chairman Rahman: Yes
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42 Zoning Ordinance Amendment Findings:
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44 1. The proposed Zoning Ordinance Amendment to allow for medical office uses of a
45 limited nature conforms to the Petaluma General Plan in that the activity and
46 operation of the use is similar to those uses specifically listed in the Industrial Land
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Planning Commission Minutes - 3/26/96
1 Use description. In addition, the allowance for limited medical uses also will not
2 significantly impact available industrial space and/or land.
3
4 2. The proposed Zoning Ordinance Amendment to allow for medical office uses of a
5 limited nature does not pose any threat to the public health, safety or welfare,
6 because the overall scope and intensity of limited medical office uses is relatively
7 low. In addition, the proposed amendment will not create objectionable odors, noise
8 impacts or nuisance related impacts.
9
10 3. The proposed Zoning Ordinance Amendment to allow for medical office uses of a
11 limited nature conforms with the M -L, Light Industrial Zoning District of the
12 Petaluma Zoning Ordinance in that the expansion of the conditional uses will not
13 detract from the overall purpose of this District which is to provide for light
14 industrial uses including limited executive and administrative office uses.
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16 4. This project is exempt from the requirements of CEQA pursuant to State Guidelines
17 Section 1506.1 (b)(3) which states that CEQA applies only to projects which have
18 the potential for causing a significant effect on the environment and that where it can
19 be seen with certainty that there is no possibility that the project in question may
20 have a significant effect on the environment, the project is not subject to CEQA.
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22 Recommended addition to the M -L, Light Industrial Zoning Ordinance Section:
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24 Section 14419 Medical office uses of a limited nature (not more than 1,500 square feet
25 of total floor area, more than 1 practitioner and 2 emplo, ees)
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27 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner
28 Torliatt to find the proposed amendment to the Petaluma Zoning Ordinance exempt from
29 the requirements of CEQA pursuant to Section 15061 of the CEQA Guidelines and to
30 recommend to the City Council approval of the amendments and additions based on the
31 following findings:
32
33 Zoning Ordinance Amendment Findings:
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35 1. The proposed Zoning Ordinance Amendment to allow announcement signs up to
36 32 sq. ft. in area for schools will conform to the requirements and intent of the
37 Petaluma Zoning Ordinance because the amendment will allow for larger signs
38 which are necessary to effectively communicate information to the public and
39 which will generally be compatible with the mass and scale of school facilities.
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41 2. The proposed Zoning Ordinance Amendment to allow announcement signs for
42 schools will conform to the requirements and intent, goals, and policies of the
43 Petaluma General Plan by providing information to school students and their
44 parents and the community at large about school activities.
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46 3. The proposed Zoning Ordinance Amendment to allow announcement signs for
47 schools will not constitute a nuisance or be detrimental to the public welfare of the
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Planning Commission Minutes - 3/26/96
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community because of the limited size of the signs and because a minimum setback
of 12 feet shall be provided from all street curb or pavement lines.
4. This project is Categorically Exempt under CEQA Section 15061.
Recommended additions/amendments to the following Zoning Ordinance Section are
underlined and recommended deletions are struck (sUuek).
Section 21 -204.4
structure, or display with any character
except the following:
i regulations: No sign, outdoor advertising
be permitted in an A, R, or C -O District
E.1. Announcement Signs for Public and Private Academi
illuminated announcement sign or bulletin board not over tlnrty -two (32) teet m area on
the site of a public or private academic school. Which sign, if not attached flat against a
building shall be at least twelve (12) feet from all street curb or pavement lines.
Institutional Buildings other than Public and Private Academic Schools: One (1) non-
illuminated announcement sign or bulletin board not over twelve (12) square feet in area
on the site of a church, se-heel, community center or other public or institution building
other than a public or private academic school. Which sign, if not attached flat against a
building, shall be at least twelve (12) feet from all street curb or pavement lines.
compliance with Section 21 -204.5 G.
8:25 PM
III. WOODSIDE VILLAGE; MARDELL LLC; EAST OF CAPRI AVENUE;
AP NO. 137- 061 -027; REZ96005; TSM96002(hg).
Consideration of a recommendation to the City Council for a 59 -lot detached
single - family home development on a 6.7 acre property on Capri Avenue. The
project includes requests for approval of
1) A Mitigated Negative Declaration;
2) Rezoning of the site to PUD;
3) A PUD Development Plan;
4) A Tentative Subdivision Map to create 59 parcels.
Assistant Planner Grunt presented the staff report.
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siQrr in a timely manner.
Planning Commission Minutes - 3/26/96
The public hearing was opened.
SPEAKERS:
5 Commissioner Read - Received phone call from adjacent neighbor in Capri Creek; met
6 with applicant and applicant's representative.
7 Doyle Heaton - Mardell LLC - History of project/architecture; original plan was 66 units,
8 all two -story; met with Capri Creek Homeowner's Association several times; currently no
9 parking on Capri Avenue north of Capri Creek subdivision; no common area proposed -
10 no need for Homeowner's Association.
11 Al Burrell - Dahlin Group (Architect) - Described architecture and presented project.
12 Commissioner vonRaesfeld - Concerns with massing facing Capri Avenue.
13 Commissioner Rahman - Questions regarding parking (off-street and on private
14 driveways); any guest parking except on public streets? parking seems very tight.
15 Scott Ferrer - Capri Creek Homeowner's Association - Concerns regarding parking on
16 Capri Avenue - this development will change Capri Avenue if parking allowed on the
17 street; 5 or more houses should be eliminated to allow on -site space for guest parking.
18 Tom Erlich - 1437 Capri - Mr. Heaton has been gracious; design of homes nice; traffic
19 concerns, traffic survey needed.
20 Scott Makki - 1429 Capri Avenue - Questions regarding the timing of construction.
21 Doyle Heaton - Public improvements installed first - whole process approximately 18
22 months.
23 Jackie Span - Concerns regarding lack of CC &R's; Homeowner's Association is
24 necessary; concerns with density; lack of guest parking.
25 Diane Brown - 1445 Capri - Capri Creek Homeowner's Assoc. - parking concerns; many
26 units have no driveways, must park in garages; concerns with density, lack of parking.
27 Dan Chambers - 1459 Capri - Density concerns; too much building in area; too much
28 added traffic on Capri; need Homeowner's Association for enforcement.
29 Bob Brown - 1445 Capri - Presented alternative designs (major concerns with parking on
30 Capri Avenue).
31 Debbie Williams - 1427 Capri - Without a Homeowner's Association architectural
32 standards will be compromised.
33 Mike Gianandrea - 701 Maria - No parking on east side of Maria; many more cars will
34 park on Maria; already too much traffic; large trucks using Maria.
35 Traffic Engineer Tilton - Large trucks should not be using Maria - will contact Police
36 Department for enforcement; will post signs in this area; difficult to maintain 2 sets of
37 parking standards on same street; street conceived to have parking on street when both
38 sides of road completed.
39 Ray Caplin - 1467 Capri - Traffic has dramatically increased lately on Capri; garbage pick -
40 up will be impossible if on- street parking allowed.
41 Matt Hudson - Applicant's attorney - This is last development for this area, has been left
42 undeveloped for a long time; project meets Genera Plan requirements; traffic/parking will
43 change with this or any development; no common property - Homeowner's Association
44 not necessary; CC &R's will have enforceable restrictions; parking requirements are
45 satisfied; does want parking on side of street adjacent to this project; in -fill project
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Planning Commission Minutes - 3/26/96
1 providing handsome design; if project was "flipped" (courtyard homes toward Capri
2 Creek) many neighbors concerns would be satisfied; prefers to keep project as proposed.
3 Commissioner Rahman - Has applicant considered putting street down middle of the
4 project?
5 Commissioner Read - If Capri becomes a full street, what will happen with parking on
6 both sides?
7 Commissioner Rahman - Struggling with density; parking.
8 Doyle Heaton - Would like to meet with staff/Capri Creek Homeowner's Association
9 regarding "flipping" project.
10 Commissioner vonRaesfeld - If project is "flipped" parking problem may be solved.
11 Commissioner Thompson - Design does not allow parking in front of garage - not happy
12 with this design.
13 Commissioner Torhatt - Look at reducing square footage of these homes or reducing
14 number of units.
15 Commissioner Read - Mice architecture/design - not "garage -door" architecture; this
16 project incorporates many of the design elements that the City has been stressing.
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18 The consensus of the Commission was that flipping the site plan should be considered and
19 providing additional on -site parking should be explored. Some Commissioners were
20 concerned with the overall density of the project and suggested that smaller homes or
21 fewer homes be proposed.
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23 This item was continued to the Planning Commission meeting of May 14, 1996.
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26 COMMISSION BUSINESS
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28 IV. PLANNING COMMISSION /SITE PLAN AND ARCHITECTURAL
29 REVIEW COMMITTEE JOINT MEETING DISCUSSION.
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31 Discussion of possible topics for the April 1 Ith joint meeting with SPARC.
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33 - Degree of direction provided to SPARC by Planning Commission
34 - Degree of SPARC follow - through (is Planning Commission happy with
35 results ?)
36 - Clarify to SPARC importance of Planning Commission requirements
37 - Discuss alternate SPARC meeting time (acknowledged impact to staff).
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40 V. PROTECT STATUS:
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42 1. First Interstate Bank - Withdrawal letter.
f • 43 2. Kodiak Jack's (second monthly meeting) - No neighbors in attendance; no
44 recent complaints.
29
Planning. Commission Minutes - 3/26/96
1 3. Nessco"Landscaping CUP - Landscaping installed; trailer still on site; has
2 applied for approval to allow trailer to remain; consensus - bring CUP
3 conditions to Planning Commission for review; Principal Planner McCann
4 to correspond with Mr. Nessinger.
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ADJOURNMENT: 11:15 PM.
agen0326 / plan67
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