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HomeMy WebLinkAboutMinutes 05/14/1996Planning Commission Minutes - 5/14/96 2 CI'T'Y OF PETALUMA 3 PLANNING COSSION MINUTES 4 5 REGULAR MEETING MAY 14, 1996 6 CITY COUNCIL CHAMBERS 7:00 PM 7 CITY HALL - PETALUMA, CA 8�.�, 9 Commissioners Present: Feibusch, Read, Thompson,''1E&att �hRaesfeld, Wick 10 Absent : 11 ' 12 Staff. Pamela Tuft, Planning Director 13 James McCann, Principal Planner 14 15 * Acting Chairperson 16 17 PLEDGE OF ALLEGIANCE. 18 19 20 Planning Director Tuft asked the Commission if the minutes could be approved after 21 Bonne Diefendorf makes her public comment due to the need to clarify staff interpretation 22 of Commission direction. 23 24 PUBLIC COM3UNT: 25 26 Bonnie Diefendorfd, Mogel Engineering, - Requests Commission clarification of staffs 27 interpretation of the direction given at the previous Commission meeting regarding West 28 View density transition (mitigation measure 1.F., page 21 of the Initial Study). 29 Principal Planner McCann - Explained that the mitigation measure was drafted based upon 30 a very conservative interpretation of the Commission's discussion and direction regarding 31 the lot size transition to the larger rural lots to the west. 32 Bonnie Diefendorf - Believes that staff's interpretation is too extreme and described a 33 proposed lot layout/transition which she believes would provide a more gradual transition 34 and which would be more consistent with the Commission's discussion. 35 Commissioner vonRaesfeld - Questions regarding lotting and the number of lots near top 36 of Amber. 37 Planning Director Tuft - Discussed mitigation measure which requires the reduction of one 38 lot from this area. 39 Commission Member Torliatt - My recollection was that we wanted a less dense 40 development pattern nearer Urban Limit Line and a redistribution of density; move or take 41 out some lots closer to Urban Limit Line; does not go far enough on this distribution; need 42 for reducing some lots. 43 Commission Member Wick - Reminded that the majority of the Commission agreed that 44 one -lot reduction would be satisfactory. 45 46 Consensus of the Commission: To allow greater flexibility in transition of lot size 47 generally as reflected on Ms. Diefendorf s exhibit (amend mitigation measure 1.F.). 48 49 Commission Member Read - Add to Minutes, original minutes of last meeting - 50 Diefendorf s letter; these minutes all need to go to Council as addendum for their 51 information. Planning Commission Minutes - 5/14/96 1 APPROVAL OF MINUTES: Minutes of Special Meeting of April 11 and April 23, 2 1996 were approved with corrections to the April 11 minutes on pages 2 and 3, and April 3 23 minutes on pages 21 and 33. 4 5 DIRECTOR'S REPORT: None 6 7 COM'MISSIONER'S REPORT: 8 9 Commission Member Feibusch - Attended emergency drill; Fire Chief invites the Planning 10 Commission to attend a field trip. 11 Planning Director Tuft - Will arrange field trip with the Fire Chief 12 Commission Member vonRaesfeld - Will be abstaining from item 5 (formerly property 13 owner's representative). 14 Commission Member Read - Is concerned with buildings that are in the railroad square 15 area; requested discussion by the Planning Commission on options to insure preservation. 16 Planning Director Tuft - Something could be added to the Zoning Ordinance that 17 buildings are subject to review before they can be demolished; will put on future agenda 18 for discussion. 19 20 CORRESPONDENCE: Letter from Capri Creek homeowner's Association regarding 21 Woodside Village; letter from Mogel Engineering regarding West View Estates. 22 23 Planning, Director Tuft Letter from Bonne Diefendorf. 24 25 APPEAL. STATEMENT: was read 26 27 LEGAL RECOURSE STATEMENT: Was noted on the agenda. 28 29 30 OLD BUSINESS 31 32 L WOODSIDE VILLAGE; MARDELL LLC; EAST OF CAPRI AVENUE; 33 AP NO. 137 - 061 -027; REZ96005; TSM96002(hg). 34 35 Continued consideration of a recommendation to the City Council for a 59 -lot 36 detached single -family home development on a 6.7 acre property on Capri Avenue. 37 The project includes requests for approval of 1) a Mitigated Negative Declaration; 38 2) a Rezoning of the site to PUD; 3) PUD Development Plan; and 4) a Tentative 39 Subdivision Map to create 59 parcels. 40 41 (Continued from March 26, 1996.) 42 43 (The public hearing was closed at the March 26 meeting.) 44 45 Principal Planner McCann presented the staff report. 46 47 Commission discussion: 48 49 Commission Member Wick indicated that he had reviewed the tapes from the last meeting 50 on this item. Planning Commission Minutes - 5/14/96 1 Commission Member Thompson was concerned about the density of this project. 2 Principal Planner McCann stated it was mid- range. 3 Commission Member Read questioned. if the only remaining issue is parking. 4 Principal Planner McCann - parking, house design and density issues. 5 6 SPEAKERS: 7 8 Public comment: 9 10 Robert Brown, Representative of Home Owners Association Board, appreciates Mr. 11 Heaton's efforts; major concern with Capri Avenue providing parking on both sides; 12 requested consideration of atypical street (no parking on Capri). 13 Matt Hudson, Applicant's Attorney, applicant agrees with the Home Owners Association 14 representative (supports 28' width for Capri Avenue); applicant added elevation options 15 to provide a total of 11 elevations (suggested condition be added). 16 Doyle Heatoq Mandell, thanked the Home Owners Association for cooperative effort; he 17 feels that this is a far superior plan and the parking issues have been taken care of, he has 18 worked hard and looks forward to action from the Planning Commission; the elevations 19 are being worked on for SPARC review. 20 Scott Farrar. 1401 Capri Court, endorse agreement; future owners will be pleased to be on 21 an atypical road, please approve as proposed. 22 Dan Chambers. 1459 Capri Court, no one wants parking on the street; widening just 23 increases concept of density; concerned about the density of 8.6. du's/acre. 24 Bill Mathews, 1419 Capri Court, 8.6 units/acre - does not like the houses with garages 25 having no apron for third car, he does not like backing into the alley to get out of the 26 garage; not seeing garages from the street is not a virtue; all garages should have apron 27 driveways. 28 29 Public hearing closed. 30 31 Discussion: 32 33 Principal Planner McCann - The lack of aprons do exist in other settings and he is not 34 aware of unsafe conditions; common design element in the court yard homes; Engineering 35 recommended that the drawings be checked to be sure the cars can get in and out with 36 ease; SPARC approves of the concept. 37 Commission Member Read - What mechanism within the CC & R's allows for no parking; 38 any flexibility? 39 Planning Director Tuft - The existing Capri Ave. was built with 1/2 a street and was done 40 in a piece meal manner recognizing the remaining portion of the right -of -way would be 41 constructed with the development of the project site. 42 Commission Member Read - Is it by default? 43 Traffic Engineer Tilton - Roadway was built at 20 feet which provided 2 lanes of travel 44 and the roadway was signed for no parking; CC & R's do not restrict parking. 45 Commission Member Read - It has just occurred to me that it is because of the size of the 46 street; there is nothing in the CC & R's that say there is no parking; so it should be a 32 47 foot street with parking. Why ?, convince me. 48 Traffic Engineer Tilton - explained why parking should be in a residential area and why the 49 street should be 32 ft.; it is our normal standard, but conditions can be modified. 50 Planning Director Tuft - The City Council would not typically address or restrict parking 51 on a public street; only if the Planning Commission finds the need for restricting parking to 52 one side of the street. Planning Commission Minutes - 5/14/96 1 Commission Member Feibusch - You are introducing a different architecture, if you don't 2 allow parking on the street you are asking for a problem. 3 Commission Member Wick - Unusual situation building half a street and not the other. 4 Commission Member Read - How is the parking going to be monitored with no parking 5 on either side of the. street; monitoring needs to be included before it goes to City 6 Council. 7 Commission Member Feibusch - Can people who are moving into the Woodside Village 8 be informed that there is no parking? 9 Planning Director Tuft - It can be required as a disclosure at time of sale. 10 11 A motion was made by Commissioner Wick and seconded by Commissioner vonRaesfeld 12 to recommend to the City Council adoption of a Mitigated Negative Declaration, and 13 approval of a rezoning from PUD to PUD; a PUD Development Plan and associated 14 Tentative Subdivision Map to create fifty -nine single - family residential lots, based on the 15 findings, and subject to the amended mitigation measures and conditions listed below: 16 17 Commissioner Read: Yes 18 Commissioner Feibusch: Yes 19 Commissioner Thompson: Yes 20 Commissioner Torliatt: Yes 21 Commissioner vonRaesfeld: Yes 22 Commissioner Wick: Yes 23 Chairperson Rahman: Absent 24 25 Findings for a Mitigated Negative Declaration: 26 27 1. An Initial Study has been prepared and proper notice provided in accordance with 28 CEQA and local environmental guidelines. 29 30 2. Based upon the Initial Study and comments received, potential environmental 31 impacts due to grading, as well as impacts on water quality, plant life, views, 32 aesthetics and traffic, will be avoided or reduced to a level of insignificance by 33 requiring the following mitigation measures as conditions of approval. There is no 34 substantial evidence that the project, as mitigated, will have a significant effect on 35 the environment. 36 37 3. A monitoring program has been included with the mitigations, where applicable, to 38 ensure compliance with the adopted mitigation measures. 39 40 4. An Initial Study has been conducted by this lead agency, which has evaluated the 41 potential for this project to cause an adverse effect -- either individually of 42 cumulatively — on wildlife resources. For this purpose, wildlife is defined as "all 43 wild animals, birds, plants, fish, amphibians, and related ecological communities, 44 including the habitat upon which the wildlife depends for its continued viability." 45 (Section 711.2, Fish and Game Code). The project does not have potential to 46 adversely affect wildlife resources as defined in the Fish and Game code, either 47 individually or cumulatively because the necessary improvements within Capri 48 Creek, as mitigated, will not have the potential to cause significant adverse effects 49 on lands which support fish and wildlife. 50 51 Mitigation Measures 52 4 Planning Commission Minutes - 5/14/96 z Or 1 1. Earth 2 3 Mrti ag lions 4 5 (1) A soils ( geotechnical) report shall be prepared by a qualified geotechnical engineer 6 and submitted to the City prior to approval of the Final Map or grading permit. 7 The report shall address general soils conditions and any specific treatment related 8 to fill, if any, adjacent to the bank of Capri Creek. This report will be subject to 9 review and approval by the City Engineer prior to Final Map approval. Any 10 specific mitigations included in the revised report shall be incorporated into the 11 improvement plans for the project and development shall comply with all 12 recommendations in the report. 13 14 (2) Final project improvement and grading plans shall be prepared by a registered civil 15 engineer with assistance from a qualified geotechnical professional. The plans shall 16 be prepared in compliance with the City of Petaluma's Subdivision Ordinance and 17 Grading and Erosion Control Ordinance. The plans shall include a detailed 18 schedule for field inspection of work in progress to ensure that mitigation 19 measures are being properly implemented throughout construction of the project. 20 These plans shall be subject to the review and approval by City of Petaluma staff 21 prior to Final Map approval. 22 23 (3) - Construction of all cuts and fills shall be completed with strict adherence to 24 specific geotechnical recommendations , including engineering design reflected on 25 the Final Map improvement plans, and on -site inspection. 26 27 (4) All grading and erosion control measures shall conform to the City's Erosion 28 Control Ordinance No, 1576. 29 30 (5) An erosion and sedimentation control plan, as required by the City's Grading and 31 Erosion Control Ordinance 1576 (Petaluma Municipal Code - Chapter 17.31), 32 shall . be prepared by the applicant in conjunction with the preparation of the 33 improvement drawings. The plan shall include temporary erosion control measures 34 to be used during construction of cut -and -fill slopes, excavation for foundations, 35 and other grading operations at the site. The measures shall be adequate to 36 prevent erosion on -site and the resulting transport of sediment from disturbed 37 areas into natural or man-made drainage facilities beyond the project limits. Such 38 measures should include use of silt fences, diversion beams, hay mulch, and check 39 dams to prevent siltation. Special attention shall be given to prevent any increased 40 discharge of sediment into Capri Creek. 41 42 (6) Upon completion of any grading of the banks of Capri Creek a fast - growing 43 groundcover shall be planted/seeded to prevent erosion. Planting of trees and 44 shrubs adjacent to the westerly creek bank (the Open Space corridor) shall occur 45 immediately after completion of grading. In conjunction with all public 46 improvements associated with this development, the success of the landscaping on 47 and at the top of the creek bank shall be maintained and monitored by the project 48 proponent for a period of at least one year following acceptance by the City's 49 Director of Parks and Recreation. 50 51 (7) All construction and grading activities, including short-term needs (equipment 52 staging areas, storage areas, and field office locations) shall expose as little new Planning Commission Minutes - 5/14/96 1 ground as possible. Whenever possible, existing disturbed areas shall be used for 2 such purposes, rather than disturbing additional new ground. 4 (8) Grading and excavation activities shall occur only during the dry season (April 15 5 though October 31) unless specific provisions to perform said work are permitted 6 with prior authorization from the City Engineer due to unforeseen circumstances. 7 All temporary and/or permanent drainage facilities shall be in place and in 8 operation prior to the onset of the rainy season. 9 to (9) The landscape plan for that area adjacent to and/or within the westerly bank of 11 Capri Creek shall be referred to the SCWA for review and input prior to submittal 12 of plans for .SPARC review. The landscaping plan shall be reviewed and approved 13 by SPARC, prior to Final Map approval. 14 15 Monitoring Provisions for and timing of all grading improvement mitigation measures 16 specified above shall be the responsibility of the project developer /owner to the 17 satisfaction of City Staff (enforced by the City). . 18 19 2. Air 20 21 Mitigations 22 23 (1) Standard grading dust control measures, including water applied to the areas of 24 grading, particularly on windy days, shall be incorporated into the erosion and dust 25 control plan submitted for review and approval by the City. 26 27 (2) Tarps shall be utilized to contain soil and debris material in open trucks during 28 transport to and from the site. 29 30 Monitoring Maintenance to insure insignificant dust levels occur shall be the 31 responsibility of the project developer and enforceable by the City. 32 33 3. Water 34 35 Mitigations 36 37 (1) The developer shall comply with the Petaluma Municipal Code Sections 20.36.010 38 and 20.36.020 which require the developer to pay storm drainage impact fees (as 39 calculated in Chapter 17.30) on construction in all sections of the City of 40 Petaluma. 41 42 (2) The storm drain system, and proposed planting plan. (specifically plantings 43 proposed adjacent to Capri Creek) shall be reviewed and approved by the Sonoma 44 County Water Agency prior to approval of the Final Map. 45 46 47 (3) If any of the proposed grading modifications will alter all or portions of the project 48 site within the 100 year flood plain, the applicant shall apply for a Conditional 49 Letter of Map Revision (CLOMR) to remove/amend the classification from the 50 Zoning Map and the Federal Emergency Management Agency (FEMA) Map prior 51 to the approval of the Final Map and timely conclude the LOMR process prior to 52 occupancy of any units within the Flood Plain Combining zone. Planning Commission Minutes - 5/14/96 2 (4) Plans submitted at time of application for Final Map approval shall include 3 provisions for storm water runoff management. The submittal shall reflect 4 installation of permanent signs at drop inlets to the public storm drain system, 5 which prohibit the deposit of hazardous materials into the system. 6 7 (5) Pesticides and fertilizers shall not be applied to the project's landscaped areas 8 during the wet season (October - April, to the extent possible). When irrigating 9 the landscaped areas, avoid over watering so that runoff does not flow into streets 10 or into storm drains. These measures will reduce the discharge of water which 11 may have been contaminated with nutrients and pesticides. These requirements 12 shall be included in the project's landscape plan, and should be specified in any 13 landscape contracts let by the applicant prior to Final Map approval. 14 15 (6) Prior to construction, the applicant will be required to obtain coverage under the 16 State of California National Pollutant Discharge Elimination System (NPDES) 17 Permit for Construction Activities (General Permit) and develop and implement 'a 18 Storm Water Pollution Prevention Plan (SWPPP). 19 20 (7) Provide an energy dissipater i.e. rock, grouted rip -rap at any storm drain outfall(s) 21 in Capri Creek from the projects storm drain system, subject to staff review and 22 approval. 23 24 Monitoring Implementation and timing of the mitigations listed above shall be the 25 responsibility of the project proponent/owner and enforceable by the City as specified in 26 the mitigation measures. 27 28 4. Plant Life: 29 30 Mitigations 31 32 (1) The landscape plan including all public and private landscaping proposed and/or 33 required shall be submitted for review and approval by the City's Site Plan and 34 Architectural Review Committee ( SPARC), in conjunction with SPARC's review 35 of the PUD Development Plan and Tentative Map. 36 37 A creek corridor habitat restoration shall be prepared to revegetate (to the extent 38 acceptable to SCWA) the Capri Creek Open Space corridor. Said plan shall be 39 reviewed and approved by SPARC prior to Final Map approval. The SPARC 40 approved public (including the creek corridor plantings) and private planting plan 41 shall be installed, subject to City staffs review and approval prior to initial City 42 acceptance of the project's public improvements or issuance of a Certificate of 43 Occupancy respectively, unless additional time is authorized by the Planning 44 Director due to unforeseen time delays. 45 46 (2) The applicant/owner shall be responsible to enter this project into a Landscape 47 Assessment District (LAD) for the purpose of perpetual maintenance of all 48 landscape improvements within the Capri Creek Open Space corridor as approved 49 by SPARC and all street tree plantings prior to Final Map recordation. The 50 applicant/owner shall be responsible for the costs associated with establishing said 51 LAD. The applicant/owner shall enter into an agreement with the City which 52 authorizes the establishment of the LAD. During the first year after installation 7 Planning Commission Minutes - 5/14/96 1 and inspection/approval by the City of the project improvements, including public 2 area landscaping, maintenance of said plantings shall be the responsibility of the 3 applicant/owner. 4 5 Monitorin (1) All of the Capri Creek Open Space corridor plantings in addition to 6 street trees either proposed and/or required throughout the subdivision pursuant to the 7 landscape plans approved by SPARC, shall be installed by the app1 _. developer, subject 8 to City staffs review and approval prior to initial City acceptance of the project's public 9 improvements, unless additional time is authorized by the Planning Director due to 10 unforeseen time delays. (2) The applicant/owner shall agree to and pay for the 11 formation of a Landscape Assessment District to maintain all landscape improvements 12 within the Capri Creek Open Space corridor and all street tree plantings prior to Final 13 Map recordation. 14 15 5. Animal Life Mitigations None required. 16 17 6. Noise 18 19 Mitigations 20 21 (1) Grading and/or construction activities shall be restricted to the hours between 22 7:00am and 5:30pm Monday through Friday, and between the hours of 8:00am 23 and 4:00pm on Saturday. No construction shall be permitted on Sunday and 24 holidays recognized by the City. 25 26 Mont :Implementation and timing of the noise attenuation mitigation measure listed 27 above shall be the responsibility of the project proponent and enforceable by the City as 28 specified in the mitigation measure. 29 30 7. Light and Glare: 31 32 Mitigations 33 34 (1) All proposed exterior light fixtures shall be shown on plans subject to staff review 35 and approval prior to issuance of a building permit. All lights attached to buildings 36 shall provide a soft "wash" of light against walls. All- private lights shall conform 37 to City performance standards(e.g. no direct glare, no poles in excess of 20' height, 38 etc.) and shall compliment building architecture. 39 40 (2) Street lights shall be installed on all streets per the City of Petaluma Municipal 41 Code 20.36.130, including those along the Capri Avenue frontage prior to 42 acceptance of public improvements. 43 44 Monitoring Implementation and timing of lighting mitigation measures listed above 45 shall be the responsibility of the project proponent and enforceable by the City as specified 46 in the mitigation measures. 47 48 8. Land Use Mitigations None required. 49 50 9. Natural Resources Mitigations None required. 51 52 10. Risc of Upset Miti ations None required. 8 Planning Commission Minutes - 5/14/96 1 2 11. Population Mitigations None required. 3 4 12. Housing Mitigations None required. 5 6 13. Transportation/Circulation 7 8 Mitigations 9 10 (1) The pedestrian link shall be installed between Capri Creek and Lots 58 & 59 to 11 connect the sidewalk on Woodside Circle to Maria Drive. Said path shall be 12 reflected on the PUD Development plans, submitted for SPARC review and 13 approval prior to Final Map approval. 14 15 (2) The development of each home shall be required to contribute to the City's traffic 16 mitigation fee prior to issuance of a Certificate of Occupancy. 17 18 Monitoring The project proponent shall be responsible for the implementation of all 19 traffic mitigation measures enforceable by the City as specified in the mitigation measures. 20 21 14. Public Service 22 23 Mitigations, if any 24 25 (1) The developer shall be subject to pay City development fees as established in the 26 current Special Development Fees handout. Fees include: sewer connection, water 27 connection, community facilities development, storm drainage impact, parks and 28 recreation land improvements, school facilities, traffic mitigation, and in -lieu for 29 provision of low income housing. 30 31 Monitoring Special Development Fees shall be collected as prescribed in the City's 32 Special Development Fees handout. 33 34 15. Ener gy: Miti ons None required. 35 36 16. Utilities 37 38 Mitigations 39 40 (1) The project will be required to pay current standard sewer and water connection 41 fees prior to the issuance of a Certificate of Occupancy for each unit pursuant to 42 Municipal Codes 15.44 - 15.77 and 15.08 respectively. 43 44 (2) The project will be required to pay current standard storm 45 drainage impact fees on a house -by -house basis prior to issuance of a Certificate of 46 Occupancy pursuant to Municipal Code 17.30. 47 48 Monitoring The. project proponent shall be responsible for the implementation and 49 timing of all mitigations regarding utilities subject to City enforcement as specified in the 50 mitigation measures. 51 52 17. Human Health Mitigations None required. 9 Planning Commission Minutes - 5/14/96 2 1& Aesthetics 3 4 Mitig,tions 5 6 (1) All aspects of the Planned Unit Development Plan including the Development 7 Standards shall be subject to review and approval by the City Site Plan and 8 Architectural Review Committee. Areas of SPARC review shall include, but not 9 be limited to: use of landscaping to improve the view of the site following to development of homes from Capri Avenue, Maria Drive and Sunrise Park; quality 11 of building design/construction including but not limited to: siding and roofing 12 materials and colors, architectural details including windows and doors and 13 associated trim elements, porch designs, garage door designs, attic and roof 14 vents/locations; all fencing. 15 16 (2) The Master Landscape Plan shall be subject to the Site Plan and Architectural 17 Review Committee's review and approval prior to Final Map approval. All 18 proposed and required landscaping improvements within the Capri Creek Open 19 Space corridor, and the public rights -of- -way shall be installed subject to staff 20 review and approval prior to acceptance of public improvements. All private yard 21 landscaping and fencing improvements shall be installed subject to staff review and 22 approval prior to issuance of a Certificate of Occupancy for respective units. 23 24 Monitoring All visual mitigations and the timing thereof shall be the responsibility of 25 the project proponent and enforceable by the City as specified in the mitigations above. 26 27 19. Recreation Mitigations None required. 28 29 20. Archaeological//Historical 30 31 Mitigation/Monitoring 32 33 (1) In the event that archaeological remains are encountered during grading, work 34 shall be halted temporarily and a qualified archaeologist shall be consulted for evaluation 35 of the artifacts and to recommend future action. The local Indian community shall also be 36 notified and consulted in the event any archaeological r emains are uncovered; a note to 37 this effect shall be shown on the improvement plans for the site. 38 39 Findings for Rezoning to PLD: 40 41 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to reclassify 42 and rezone Assessors Parcel No. 137 - 061 -027, known as Woodside Village 43 Subdivision, to Planned Unit Development (PUD) district is in general conformity 44 with the Petaluma General Plan. 45 46 2. The public necessity, convenience and general welfare clearly permit and will be 47 furthered by the proposed Amendment to the Zoning Ordinance, reclassifying and 48 rezoning the Woodside Village Subdivision to PUD. 49 5o 3. The proposed PUD Development Plan has complied with the requirements of 51 CEQA through the preparation and certification of the Mitigated Negative 52 Declaration prepared and adopted (Resolution No. N.C.S.) by the City 53 Council for this project which addresses the potential environmental impacts 10 Planning Commission Minutes - 5/14/96 associated with its development, and no further environmental analysis is necessary. Findings for Approval of the PUD Development Plan 6 1. The proposed Woodside Village PUD Development Plan, as conditioned, results in 7 a more desirable use of the land and a better physical environment than would be 8 possible under any single zoning district by allowing the establishment of quad - 9 lots, and lots with shared driveways with primary orientation to open space area, 10 including a portion of the Capri Creek corridor paralleling the site's easterly 11 boundary. 12 13 2. The development of a single loaded street adjacent to the Capri Creek Open Space 14 corridor and the orientation of homes onto said corridor is consistent with General 15 Plan policies regarding the arrangement of adjacent development. 16 17 3. The Development Plan for the proposed development, as conditioned, presents a 18 unified and organized arrangement of building envelopes, utilities, and landscaping 19 which are appropriate in relation to the Capri Creek Open Space corridor and 20 improvements on neighboring properties. 21 22 4. The scenic qualities of the site are protected, with adequate available public and 23 private spaces, including enhancement of the Capri Creek Open Space corridor 24 habitat, through the Unit Development Plan. 25 26 5. The development of the Woodside Village subdivision property in the manner 27 proposed by the applicant, and as conditioned by the City to provide vehicle and 28 pedestrian access including a public path/ sidewalk adjacent to Lots 58 & 59, will 29 not be detrimental to the public welfare, will be in the best interest of the City, and 30 will be in keeping with the general intent and spirit of the General Plan of the City 31 of Petaluma. 32 33 6. The vehicle and pedestrian circulation pattern of the proposed Planned Unit 34 'Development Plan has been reviewed in the context of the traffic capacity on Capri 35 Avenue, Maria Avenue, N. McDowell Blvd. and the potential development of 36 adjacent properties and, has been designed to be compatible with the circulation 37 patterns, needs, and carrying capacity. 38 39 7. The proposed PUD Development Plan has complied with the requirements of 40 CEQA, through the preparation and certification of a Mitigated Negative 41 Declaration prepared and adopted (Resolution No. N.C.S.) by the City 42 Council for this project which addresses the potential environmental impacts 43 associated with its development, and no further environmental analysis is 44 necessary. 45 46 47 48 Conditions for the PUD Development Plan: 49 50 1. All requirements from the City Planning Department shall be complied with, 51 including: 52 11 planning Commission Minutes - 5/14/96 1 a_ All mitigation and monitoring measures of the Mitigated Negative 2 Declaration (Resolution No. N.C.S.) adopted for this project shall be 3 enforced, as applicable, with all components of the PUD Development 4 Plan, including but not limited to, the PUD Development Plan (site plan), 5 the PUD Landscaping and Fencing Plan, and the Development Standards. 6 b. All conditions of the Tentative Subdivision Map (Resolution 7 No. N.C.S.) adopted for this project shall be enforced, as applicable, 8 with all components of the PUD Development Plan, including but not 9 limited to, the PUD Development Plan (site plan), the PUD Landscaping 10 and Fencing Plan, and the Development Standards. 11 C. All aspects of the PUD Development Plan, including but not limited to, the 12 PUD Development Plan (site plan), the PUD Landscaping and Fencing 13 Plan, and the Development Guidelines shall be reviewed and approved by 14 SPARC, and amended accordingly, subject to staff review and approval 15 prior to Final Map approval. 16 d. A full scale reproducible copy of the PUD Development Plan, Landscaping 17 and Fencing Plan and a final copy of the Development Guidelines as 18 approved by SPARC shall be submitted to the Planning Department, 19 subject to staff review and approval prior to Final Map approval. 20 e. Development of all public and private improvements for this PUD 21 Development plan, including but not limited to, the PUD Development 22 Plan (site plan), the PUD Landscaping and Fencing Plan, and the 23 Development Standards must comply with all applicable mitigation and 24 monitoring measures of the Mitigated Negative Declaration (Resolution 25 No. N.C.S.), and all applicable conditions of the PUD Development 26 Plan and Tentative Subdivision Map. 27 f. Development of the residential lots within this PUD Development Plan 28 shall comply with all provisions of the Development Standards on file with 29 the City of Petaluma, subject to staff review and approval. 30 g. The applicants/developers shall defend, indemnify, and hold harmless the 31 City or any of its boards, commission, agents, officers, and employees from 32 any claim, action or proceeding against the City, its boards, commission, 33 agents, officers, or employees to attack, set aside, void, or annul, the 34 approval of the project when such claim or action is brought within the 35 time period provided for in applicable State and/or local statutes. The City 36 shall promptly notify the applicants/developers of any such claim, action, or 37 proceeding. The City shall coordinate in the defense. Nothing contained in 38 this condition shall prohibit the City from participating in a defense of any 39 claim, action, or proceeding if the City bears its own attorney's fees and 40 costs, and the City defends the action in good faith. 41 h. The PUD development plan shall include three (3) elevations for each 42 model. 43 44 2. All requirements from the City Building Division shall be complied with, including: 45 46 a. Grading plans must be certified when completed to indicate compliance 47 with approved plans and will be required for occupancy. 48 b. Certify finish floor elevation before occupancy. 49 C. Where ground slopes greater than .1 on 10, foundations shall be stepped per 50 Uniform Building Code 2907(c). 51 d. Soils with expansion index greater than 20 requires special design 52 foundation per Uniform Building Code 2904(b). 53 e. All roofing shall be "B" rated of better per Ordinance No. 1744/1988. 12 Planning Commission Minutes - 5/14/96 1 f. Show site drainage and grading topography. 2 g. Indicate all utilities. on site plan. 3 h. Responsible party to sign plans. 4 i. Submit soils report to verify foundation design. ' 5 j. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993 NEC. 6 Plans must also show compliance to current Title 24 Energy Code. 7 k. Provide structural calculations for all non - conventional design items. 8 1. All walls within 3 feet of property line must have a 1 hour fire rating and no 9 openings are allowed. 10 11 Findings for the Tentative Map: 12 13 1. The proposed subdivision, as conditionally approved, together with provisions for 14 its design and improvement, is consistent with the General Plan as a well- designed 15 development that is harmonious with its setting within the east side of Petaluma 16 and provides adequate pedestrian and vehicle access and services to the proposed 17 lots. 18 19 2. The site is physically suitable for the type of Urban Diversified (8.8 du/ac) density 20 single- family residential development as conditionally proposed with building 21 setbacks and specific unit plan layout. 22 23 3. The Tentative Subdivision Map provides reasonable public access from Capri 24 Avenue and Woodside Circle to the proposed lots. 25 26 4. The proposed map, subject to the following conditions, complies with the 27 requirements of the Municipal Code, Chapter 20.20 and the Subdivision Map Act. 28 29 5. The proposed map has complied with the requirements of CEQA, through the 30 preparation and certification of a Mitigated Negative Declaration prepared and 31 adopted (Resolution No. N.C.S.) by the City Council for this project which 32 addresses the potential environmental impacts associated with its development, and 33 no further environmental analysis is necessary. 34 35 6. The design of the subdivision and the type of improvements will not cause public 36 health problems as the improvements including sanitary sewer, storm drains and 37 water systems, designed to the satisfaction of the City Engineer. 38 39 7. Omission of a public sidewalk on the easterly side of Woodside Circle will not 40 jeopardize public safety. 41 42 43 . 44 45 Conditions for the Tentative Mau: 46 47 1. All requirements from the City Engineering Department shall be complied with, 48 including: 49 50 51 a. The e3dsfing WO PARKING" signslpreNisiew en the neFflwngefely side of Capri "venue shag be r Parking shall not be permitted on the 52 southeasterly side of Woodside Circle. No parking shall be permitted 13 Planning Commission Minutes - 5/14/96 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 tj along Capri Avenue. "No Parking" signs and/or markings shall be installed on Capri Avenue at the developer's expense, subject to the City Engineer's review and approval prior Final Map recordation. b. The- Capri Avenue half street improvements shall conform to the structural section at the centerline of the right of way in order to eliminate the existing longitudinal pavement cracks. Capri Avenue shall be improved to a 32 -feet 28 foot curb -to -curb reduced minor residential street. Hlf street improvements with this project shall be provided to include a width of 14 feet 28 feet from eentedine -fie face of curb to face of curb. Vehicular parking shall be allewed prohibited on both sides with this street width. C. City standard traffic control signing and pavement markings shall be installed. Capri Avenue shall be provided with centerline markings which shall continue with an arc around to Woodsorrel Drive. Stop sign, bar and legend shall be installed on Woodside Circle at both locations intersecting Capri Avenue. The curb neck down, as shown on the tentative map where Woodsorrel Drive changes to Woodside Circle, shall not be installed. d. 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. e. The proposed declaration of covenants, conditions, and restrictions of Woodside Village shall be submitted for City review and approval. The document shall address all publicly and privately maintained facilities, structures, easements, improvements, utilities, etc. within the development. f. Pursuant to Municipal Code Section 20.36.140, all utility distribution facilities shall be placed underground. g. Improvement Plans shall be prepared per City Department of Engineering minimum design criteria, improvement plan preparation and standard details and specifications. h. The developer shall comply with all requirements of the Petaluma Municipal Code including but not limited to Chapter 20, SUBDIVISIONS. i. A three percent (3 %) plan check/inspection fee shall be based upon the estimated construction costs for the subdivision. The estimated cost shall be based upon the "Improvements" as defined in the Municipal Code. j. The Sonoma County Water Agency shall review and approve the improvement plans for this subdivision. All requirements from the City Fire Marshal's office shall be complied with, including: a. Post address at or near main entry door - minimum four (4) inch letters on contrasting background. 14 Planning Commission Minutes - 5/14/96 1 b. Address locator required to be posted at or near the driveway entrance. 2 Reflectorized numbers are acceptable. Location and design to be approved 3 by the -Fire Marshall's office. 4 C. In residential buildings less than 3,500 sq.ft. in floor area, provide fire 5 suppression system at normal sources of ignition. These areas are 6 specifically at clothes dryers, kitchen stoves, furnaces, water heaters, 7 fireplaces and in attic areas at vents and chimneys for these appliances and 8 equipment. In addition, spare sprinklers (one of each type in the residence) 9 and wrench shall be provided in a red spare sprinkler head box in the 10 garage. 11 d. Fire hydrants shall be spaced at a maximum of 300' apart. Location and 12 type of fire hydrants are to be approved by the Fire Marshall's Office. 13 e. All roofing material shall be rated Class "B" or better, treated in 14 accordance with the Uniform Building Code Standard 32.7 and City of 15 Petaluma Ordinance 1744. 16 17 3. All requirements of PG &E shall be complied with, including: 18 19 a. Gas and electric service to this development will be provided in accordance 20 with the applicable extension rules, copies of which are available from this 21 office upon request. 22 b. The cost of any relocation of existing PG &E facilities necessitated by this 23 project will be the responsibility of the requester. 24 25 4. All requirements of Sonoma County Water Agency shall be complied with, 26 including: 27 28 a. Grading and drainage requirements shall be designed in conformance with 29 the Agency's Flood Control Design Criteria. 30 31 5. All requirements from the City Planning Department shall be complied with, 32 including: 33 34 a. All mitigation and monitoring measures of the Mitigated Negative 35 Declaration (Resolution No. N.C.S.) adopted for this project shall be 36 enforced, as applicable, with all components of the Final Map and 37 associated public/private improvement plans. 38 b. All conditions of the PUD Development Plan (Resolution 39 No. N.C.S.) adopted for this Tentative Subdivision Map shall be 40 enforced, as applicable, with all components of the Final Map and 41 associated public/private improvement plans. 42 C. The Tentative Subdivision Map shall be reviewed and approved by 43 SPARC, and amended accordingly, subject to staff review and approval 44 prior to Final Map approval. 45 id. A full scale reproducible copy of the Tentative Subdivision Map as 46 approved by SPARC shall be submitted to the Planning Department, 47 subject to staff review and approval prior to Final Map approval. 48 e. Development of all public and private improvements of the Final Map must 49 comply with all applicable mitigation and monitoring measures of the 50 Mitigated Negative Declaration (Resolution No. N.C.S.), and all 51 applicable conditions of the PUD Development Plan and Tentative 52 Subdivision Map. 1! planning Commission Minutes 5/14/96 1 f. The applicants/developers shall defend, indemnify, and hold harmless the 2 City or any of its boards, commission, agents, officers, and employees from 3 any claim, action or proceeding against the City, its boards, commission, 4 agents, officers, or employees to attack, set aside, void, or annul, the 5 approval of the project when such claim or action is brought within the 6 time period provided for in applicable State and/or local statutes. The City 7 shall promptly notify the applicants/developers of any such claim, action, or 8 proceeding. The City shall coordinate'in the defense. Nothing contained in 9 this condition shall prohibit the City from participating in a defense of any 10 claim, action, or proceeding if the City bears its own attorney's fees and 11 costs, and the City defends the action in good faith. 12 g. Signs prohibiting parking shall be installed within the right -of -way of 13 Capri Avenue prior to the issuance of the first certificate of occupancy for 14 a new home in this subdivision. 15 h. The applicant shall record a notice on the deed of each new lot which 16 fronts on Capri Avenue in a form acceptable to the City Attorney, advising 17 prospective buyers that parking is prohibited on Capri Avenue. The 18 notice shall be recorded in conjunction with the Final Map 19 20 21 6. All requirements from the Public Works Department shall be complied with, 22 including: 23 24 a Locate the water meters on Capri Avenue or Woodside Circle, not up the 25 private drives. 26 b. Provide one water meter for each unit. 27 C. Sewer lines in private driveways should be privately maintained, if possible. 28 29 7. All street names shall be subject to review and approval of the Street Naming 30 Committee prior to Final Map approval. 31 32 8. This project shall be subject to the City's Special Development Fees, including: 33 Sewer and Water Connection, Community Facilities Impact, Storm Drainage 34 Impact, Traffic Mitigation, In -Lieu Contribution for provision of affordable 35 housing, Park and Recreation Land Improvements, and School Facilities (paid 36 directly to the School District). 37 38 39 40 41 42 43 NEW BUSINESS 44 PUBLIC HEARING 45 46 II. EAST "D" STREET GENERAL PLAN AMENDMENT; CITY OF 47 PETALUMA; (vcs). 48 49 Consideration of a Negative Declaration and a recommendation from the Traffic 50 Advisory Committee to amend relevant sections of the Circulation Element of the 51 General Plan and the Circulation Map to change the status of East "D" Street from 52 an Arterial to a Collector status road. 16 Planning Commission Minutes - 5/14/96 Principal Planner McCann presented the staff report. 4 Commission discussion: 5 6 Commission Member Read - Status for funding for overlay (overlay project). 7 Traffic Engineer Tilton. Did get overlay, we do not anticipate future maintenance projects 8 for this segment of street. 9 Commission Member Torliatt - Where would east traffic displaced from D Street go to? to Traffic Engineer Tilton, Traffic count about 9,000 a day using East D Street and the level 11 will reduce to 7,000; will end up on Washington and a portion to Jefferson. Increase is 12 small with existing volumes on East Washington; improvements to Lakeville and East D 13 Street will greatly improve the circulation pattern, volumes will be monitored. 14 Commission Member Read When? 15 Traffic'Engineer Tilton - Improvements are anticipated in 1998. 16 Commission Member Read - Why are we doing the General Plan Amendment with a 17 Specific Plan underway? 18 Planning Director Tuft - We do not anticipate East D Street becoming an arterial with the 19 Specific Plan; Lakeville and the Blvd. will need to be improved; we are concerned with 20 the impact to East D Street from the projected development in the area subsequent to the 21 Specific Plan preparation. 22 23 The public hearing was opened. 24 25 SPEAKERS: None 26 27 The public hearing was closed. 28 29 A motion was made by Commissioner Thompson and seconded by Commissioner 30 Feibusch to recommend to the City Council adoption of a Negative Declaration and 31 approval of the General Plan Amendments to change East "D" Street between Payran and 32 Lakeville Streets from an Arterial Street to a Collector Street, based on the following 33 findings: 34 35 Commissioner Read: Yes 36 Commissioner Feibusch: Yes 37 Commissioner Thompson: Yes 38 Commissioner Torliatt: Yes 39 Commissioner vonRaesfeld: Yes 40 Commissioner Wick: Yes 41 Chairperson Rahman: Absent 42 43 PROJECT FINDINGS 44 45 Environmental Findings '46 47 1. An Initial Study has been prepared and properly noticed for the East "D" Street .48 General Plan Amendments in accordance with CEQA and local guidelines. 49 50 2. No substantial evidence has been presented to staff that the project would have a 51 significant effect on the environment. Therefore, the Initial Study concludes that no 52 significant impacts will result. 17 Planning Commission Minutes - 5/14196 1 2 3. Mitigation Measures are unnecessary because no potentially significant impacts have, 3 been identified that require mitigation; therefore, a monitoring program is also 4 unnecessary. 5 6 4. The project does not have potential to affect wildlife resources as defined in the Fish 7 and Game code, either individually or cumulatively, and therefore is exempt from Fish 8 and Game filing fees. Amending this roadway classification in no way affects plant 9 life, animal life, or the habitat in which wildlife resources are found. 10 11 5. The project is not located on a site listed on any Hazardous Waste Site List compiled 12 by the State pursuant to Section 65962.5 of the Government Code. 13 14 6. The Planning Commission reviewed the Initial Study/Negative Declaration and 15 considered the comments before making a decision on the project. 16 17 7. The record of proceedings of the decision on the project is available for public review 18 at the City of Petaluma, Planning Department, City Hall, 11 English Street, Petaluma, 19 California. 20 21 8. The Planning Commission finds that changing East "D" Street from an Arterial to a 22 Collector will result in less than significant impacts to air quality because the resulting 23 stop signs facilitated by the amendment will discourage through traffic and reduce 24 traffic volumes. Any potential increase in vehicular emissions due to added stops and 25 starts will be substantially offset by the reduced traffic volume. 26 27 9. The Planning Commission finds that changing East *D" Street from an Arterial to a 28 Collector Street will result in less than significant impacts to noise because the 29 resulting stop signs facilitated by the amendment will discourage through traffic and 30 reduce traffic volumes. Any potential increase in noise due to the added stop signs will 31 be substantially offset by the reduced traffic volume. 32 33 10. The Planning Commission finds that changing East "D" Street from an Arterial to a 34 Collector, will have no significant impacts to transportation/circulation. In addition, 35 any future stop sign installation will not significantly impact this segment of East "D" 36 Street because: this roadway is not vital to commerce or the transportation of goods 37 and services; the overall traffic network in the area is currently operating at less than 38 Arterial Street traffic volumes; and, the traffic projections for this portion of East "D" 39 Street are anticipated to remain constant or slightly decline. 40 41 42 43 44 DE MINIlVIIS IlVIPACT FINDING: 45 46 1. The Planning Commission finds that there is no evidence before the City that the 47 proposed project will have the potential for an adverse effect on wildlife resources or 48 the habitat upon which the wildlife depends; on the basis of substantial evidence, the 49 presumption of adverse effect is rebutted. A Certificate of Fee Exemption will be 50 completed and filed with the Notice of Determination for the project. 51 52 General Plan Amendment Findings 53 is Planning Commission Minutes - 5/14/96 1 1. The proposed amendment is in the public interest because the current traffic volumes 2 on the roadway are not commensurate with the classification of the roadway and 3 traffic volumes are not projected to increase. In addition, traffic control devices, 4 permitted only on a Collector Street or lesser classification, are necessary to reduce 5 attractiveness of the roadway as a through street, improve pedestrian safety, and have 6 the indirect effect of reducing traffic speeds. 7 8 2. The proposed General Plan amendment is consistent and compatible with the rest of 9 the General Plan and any implementation programs that may be affected. The 10 Planning Commission finds that the proposed street change supports General Plan 11 Objectives and policies which encourage: the improvement of traffic flow, vehicular 12 safety and pedestrian safety; classifying streets dependent on the character of the 13 neighborhood; and, eliminating through traffic within a predominantly residential 14 neighborhood. 15 16 3. The potential impacts of the proposed amendment have been assessed and have been 17 determined not to be detrimental to the public health, safety, or welfare. Specifically, 18 the Planning Commission finds that there will be no adverse environmental impacts 19 resulting from changing East "D" Street from an Arterial to a Collector Street and that 20 pedestrian safety will be improved and vehicular accident rate may decline. 21 22 4. The proposed amendment has been processed in accordance with the applicable 23 provisions of the California Government Code and the California Environmental 24 Quality Act (CEQA). All noticing and review periods required by CEQA and the City 25 of Petaluma's Environmental Review Guidelines have been satisfied. 26 27 28 IM MICHAEL, PAUL. COMPANY; 1200 CASA GRANDE ROAD; AP NO. 005- 29 060 -011; CUP 96007(jkt). 30 31 Consideration of a Mitigated Negative Declaration and a Conditional Use Permit 32 to authorize a heavy equipment contracting office, vehicle maintenance and repair, 33 and a material and equipment storage yard. 34 35 Principal Planner McCann presented the staff report. 36 37 Commission discussion: 38 39 Commission Member Read - What is the Western Charter status? 40 Principal Planner McCann - Explained the status of Western Charter CUP. 41 Commission Member Read - Mchael Company /CUP; does it run with the land? 42 Principal Planner McCann - Yes it runs with land - CUP could be transferred; all 43 conditions would be applicable to any owner /operator. 44 45 The public hearing was opened. 46 47 Public comment: .48 49 SPEAKERS: 50 19 Planning Commission Minutes - 5/14/96 1 Victoria Gel& Representative for Michael Paul Company, has read the staff report and is 2 in agreement with it but, requested modification of mitigation affecting 40' of buffer zone 3 and asked that it be part of SPARC review process. 4 5 Public hearing closed. 6 7 Discussion: 8 9 Commission Member Torliatt - Questioned why the buffer was required. 10 Principal Planner McCann - The buffer was identified through the Marsh Enhancement 11 Plan; if there are ways to reduce that we can certainly address them. 12 Commission Member Feibusch - Need to be aware of what is going on along the river and 13 pay attention to the need for screening of the river and the view. 14 Commission Member vonRaesfeld - Condition 15 focuses on landscape related/parking 15 issues; agrees but - SPARC should view a basic standard for landscaping 16 Commission Member Read - Has the negotiations between the Almans and City been 17 complete? 18 Principal Planner McCann - Negotiations are complete, lot line adjustment not recorded. 19 Commission Member Read - Is it safe to proceed? 20 Principal Planner McCann - Yes. 21 Committee Member Read - Will the CUP need to be changed? 22 Planning Director Tuft - CUP is held by Michael Paul; if property owner is unable to 23 comply with CUP conditions then revocation and abatement proceedings can happen. 24 Commission Member Torliatt - Applicant has not signed initial study, please make sure it 25 is signed. 26 27 Consensus of Commission was to leave buffer distance as recommended by staff. 28 29 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner Wick 30 to adopt a Mitigated Negative Declaration, and approve a Conditional Use Permit to 31 authorize the Michael Paul Company to operate a heavy equipment contractor's office, 32 vehicle maintenance, and material and equipment storage yard at the northeast portion 33 (appro)dmately 2.5 acres) of the property located at 1200 Casa Grande Road, based on the 34 findings and subject to the mitigations and amended conditions listed below: 35 36 Commissioner Read: Yes 37 Commissioner Feibusch: Yes 38 Commissioner Thompson: Yes 39 Commissioner Torliatt: Yes 40 Commissioner vonRaesfeld: Yes 41 Commissioner Wick: Yes 42 Chairperson Rahman: Absent 43 44 Findings for Approval of a Mitigated Negative Declaration of Environmental Impact 45 46 1. An Initial Study has been prepared and proper notice provided in accordance with 47 CEQA and local guidelines. 48 49 2. Based upon the Initial Study and comments received, potential impacts could be 50 avoided or reduced to a level of insignificance by mitigation measures attached as 51 conditions of approval. There is no substantial evidence that the project, as 52 conditioned, would have a significant effect on the environment. 53 20 Planning Commission Minutes - 5/14/96 1 3. The project does not have potential to affect wildlife resources as defined in the 2 Fish and Game code, either individually or cumulatively and is exempt from Fish 3 and Game filing fees because no significant wildlife resources have been identified 4 on the project site. 5 6 4. The project is not located on a site listed on any Hazardous Waste Site List 7 compiled by the State pursuant to Section 65962.5 of the Government Code. 8 9 5. The Planning Commission reviewed the Initial Study/Negative Declaration and 10 considered the comments before making a decision on the project. F 11 12 6. The record of proceedings of the decision on the project is available for public 13 review at the City of Petaluma, Planning Department, City Hall, 11 English Street, 14 Petaluma, California. 15 16 Mitigation Measures 17 18 1. Earth 19 20 (1) Plans submitted for grading and/or site improvements shall include property 21 soil erosion control measures, as established in Title 17 of the Petaluma Municipal 22 Code. Said measures shall be implemented during construction activities. 23 24 (2) This project shall be responsible to pay the City s Storm Drainage Impact Fee 25 as established in the City's current Special Development Fee booklet (PMC Section 26 17.30). Fees are collected prior to issuance of a Certificate of Occupancy. 27 28 (3) All parking areas, aisles and access drives shall be graded, drained and paved 29 so as to dispose of surface water without damage to private or public properties, 30 or streets. Although existing drainage patterns may be continued, no increased lot- 31 to-lot drainage is allowed. Rainwater may be diverted into any storm drain and 32 sewer system connection, but shall be filtered so as to avoid the inclusion of 33 surface oils and/or debris. A plan identifying the filter location and providing 34 details of the filter system shall be submitted in conjunction with the plans 35 submitted for SPARC review. Improvements shall be installed prior to the 36 commencement of use. 37 38 (4) Watering of the site to reduce airborne dust levels shall be implemented if dust 39 generated during the grading process threatens to travel off site due to wind 40 currents. 41 42 43 Monitoring 44 45 (1) The applicant shall be responsible for compliance with conditions of approval 46 including application for all required permits and approvals including but not 47 limited to SPAR building permits, Fire Department permits, etc. 48 49 (2) The applicant shall be responsible for insuring that proper measures including 50 watering, as necessary during construction, to prevent dust emissions are 21 Planning Commission motes - 5/14/96 1 implemented. This responsibility shall include holidays and weekend periods when 2 work may not be in progress. 3 (3) All work performed shall be inspected by City inspectors. 5 2. Water 6 7 (1) The project proponent shall be responsible to pay a proportionate share for 8 storm drainage system impacts pursuant to the City's current Special Development 9 Fee booklet (reference Petaluma Municipal Code 11.80). 10 11 (2) All parking areas, aisles and access drives shall be graded, drained and paved 12 so as to dispose of surface water without damage to private or public properties, 13 or streets. Although existing drainage patterns may be continued, no increased lot - 14 to -lot drainage is allowed. Rainwater may be diverted into any storm drain and 15 sewer system connection, but shall be filtered so as to avoid the inclusion of 16 surface oils and/or debris. A plan identifying the filter location and providing 17 details of the filter system shall be submitted in conjunction with the plans 18 submitted for SPARC review. Improvements shall be installed prior to the 19 commencement of use. 20 21 (3) The construction drawings shall reflect containment improvements (le. curbs, 22 walls, etc.) to contain surface spills from the proposed above ground fuel tanks 23 24 Monitoring 25 26 (1) Storm Drain Mitigation Fees shall be due and payable prior to issuance of the 27 Certificate of Occupancy. 28 29 (2) All work performed shall be inspected by City inspectors. 30 31 3. Plant Life 32 33 (1) Development of the site along the westerly fence line shall conform to the 34 recommendations as set forth in the City of Petaluma Marsh Enhancement Plan 35 (draft 12/92) which recommends a setback from pickleweed wetland and moderate 36 quality /sensitivity salt marsh harvest mouse habitat of 40' -0" minimum. This 40' -0" 37 setback is shown as a buffer zone on attached Exhibit A; an approximately 20' -0" 38 area inside the fencing that borders the south west portion of this site is affected. 39 The type of development precluded from this buffer zone includes but is not 40 limited to parking areas, fuel tank(s), structures and materials storage. Therefore, 41 parking and parking improvements shall be prohibited within this buffer zone. 42 Plans submitted for SPARC review shall reflect improvements only outside of this 43 buffer zone. 44 45 (2) The Marsh Enhancement Plan recommends the installation of native plants and 46 shrubs (e.g. coyote bush, quail bush, salt bush, gum plant, jaumea, marsh 47 rosemary, etc.) in the buffer zone. Dense planting of these shrubs and 48 groundcover shall occur within this buffer zone as generally reflected on Exhibit A 49 to provide habitat and to serve as a natural filter for runoff from the site to the 50 adjacent marsh area. 51 22 Planning Commission I nutes - 5/14/96 1 (3) A double row of 15 gallon trees shall be installed along the westerly perimeter 2 of the site as generally reflected on Exhibit A Said trees shall be of a variety 3 compatible with the adjacent marsh area and consistent with recommendations of 4 the Enhancement Plan. The variety of said trees shall also be determined by their 5 ability to provide a fast growing, long -lived, dense, evergreen screen for the 6 storagelparking area. Said trees shall be irrigated by an automatic irrigation 7 system and maintained in a healthy state. 9 (4) A landscape and irrigation plan reflecting the requirements of the above 10 mitigation measures shall be prepared by the applicant and submitted for review 11 and approval by the Planning Director in conjunction with the SPARC application. 12 Said plan shall also reflect the landscape improvement of the "Casa Grande" 13 frontage. 14 15 Monitoring The applicant shall prepare a landscape plan reflecting the above 16 mitigation measures for review and approval prior to the issuance of a building 17 permit. All landscaping improvements shall be installed before a Certificate of 18 Occupancy is issued. 19 20 4. Animal Life 21 22 (1) Development of the site along the westerly fence line shall conform to the 23 recommendations as set forth in the City of Petaluma Marsh Enhancement Plan 24 (draft 12/92) which recommends a setback from pickleweed wetland and moderate 25 quality /sensitivity salt marsh harvest mouse habitat of 40' -0" minimum. This 40' -0" 26 setback is shown as a buffer zone on attached Exhibit A; an approximately 20' -0" 27 area inside the fencing that borders the south west portion of this site is affected. 28 The type of development precluded from this buffer zone includes but is not 29 limited to parking areas, fuel tank(s), structures and materials storage. Therefore, 30 parking and parking improvements shall be prohibited within this buffer zone. 31 Plans submitted for SPARC review shall reflect improvements only outside of this 32 buffer zone. 33 34 (2) The Marsh Enhancement Plan recommends the installation of native plants and 35 shrubs (e.g. coyote bush, quail bush, salt bush, gum plant, jaumea, marsh 36 rosemary, etc.) in the buffer zone. Dense planting of these shrubs and 37 groundcover shall occur within this buffer zone as generally reflected on Exhibit A 38 to provide habitat and to serve as a natural filter for runoff from the site to the 39 adjacent marsh area. 40 41 (3) A double row of 15 gallon trees shall be installed along the westerly perimeter 42 of the site as generally reflected on Exhibit A. Said trees shall be of a variety 43 compatible with the adjacent marsh area and consistent with recommendations of 44 the Enhancement Plan. The variety of said trees shall also be determined by their 45 ability to provide a fast growing, long -lived, dense, evergreen screen for the 46 storagelparking area. Said trees shall be irrigated by an automatic irrigation 47 system and maintained in a healthy state. 48 49 (4) A landscape and irrigation plan reflecting the requirements of the above 5o mitigation measures shall be prepared by the applicant and submitted for review 51 and approval by the Planning Director in conjunction with the SPARC application. 52 23 Planning Commission Minutes - 5/14/96 I Monitoring 2 3 The applicant shall prepare a Wx1scape plan reflecting the above mitigation 4 measures for review and approval prior to the issuance of a building permit. All 5 landscaping improvements shall be installed before a Certificate of Occupancy is 6 issued. 7 8 5. Light and Glare 9 10 (a) Exterior lighting shall be installed in order to increase night time visibility by 11 illuminating the entrance drive, buildings, immediate area surrounding building(s). 12 High intensity lighting shall be prohibited. All lighting shall conform to Section 13 22 -304 of the Petaluma Zoning. Ordinance with regard to direct and indirect glare, 14 and shall at no time be directed to surrounding properties or toward the marsh area 15 (lower portion of the site). A lighting plan, complete with detailed cut sheets and 16 photometric diagram(s), shall be submitted for review and approval in conjunction 17 with the SPARC submittal. is 19 Monitoring 20 21 All lights shall conform to City Performance Standards (e.g. no direct glare, no 22 poles in excess of 20 feet high, etc.) prior to issuance of a building permit. 23 24 6. Risk of Upset 25 26 (1) All conditions shall be complied with prior to occupancy: 27 28 a. Provide one fire extinguisher, 2Al0EC type, for each 3,000 square feet 29 of floor space, and/or a maximum travel distance of 75 feet. 30 31 b. Address locator required to be posted at or near the driveway entrance . 32 Reflectorized numbers are acceptable. Location and design to be approved 33 by the Fire Marshal's office. 34 35 c. All compressed gas cylinders shall be adequately secured to prevent 36 falling or being knocked over. Fasteners used to secure the cylinders shall 37 be of non - combustible material. 38 39 d. Provide metal or flame retardant plastic waste cans. 40 41 e. Provide absorbent material for containment of spills. Proper tools and 42 container for handling spills shall be provided and available for employees' 43 use. 44 45 f. Installation of above ground flammabletcombustible liquid tank(s) 46 requires a permit and approval by the Fire Marshal's office. 47 M Planning Commission Minutes - 5/14/96 1 g. A permit is required from the Fire Marshal's office for any alteration to 2 tanks, dispensers, product piping, vapor recovery piping, vent piping, 3 electrical, spill containment and like equipment. 4 5 h. Provide detail for double containment of hazardous materials showing 6 proposed location for containment. 7 8 i. Businesses storing hazardous materials require submittal of a Hazardous 9 Materials Management Plan to the Petaluma Fire Department. Before a 10 Certificate of Occupancy is approved, the following conditions must be 11 approved by the Office of the Fire Marshal: 12 13 a. Hazardous Material Management Plan is approved. 14 b. All storage and use of hazardous materials shall be in 15 conformance with the Uniform Fire Code. 16 c. A permit for Hazardous Materials Storage and use is issued 17 prior to occupancy. 18 19 j. A twenty ( 20) foot wide emergency access driveway shall be provided 20 and maintained clear at all times along the south side of the building to the 21 material storage area. 22 23 Monitoring 24 25 (1) The applicant shall be responsible for compliance with conditions of approval 26 including application for all required permits and approvals including but not 27 limited to SPARC, building permits, Fire Department permits, etc. 28 29 7. Transportation/Circulation 30 31 (1) Parking shall be maintained on site at the rate of 1 space/300 sq.ft. of office, 32 and 1 space/500 sq.ft. of storage/warehouse/maintenance shop. The total number 33 of parking spaces to be provided shall be 18. All parking areas shall be graded, 34 drained and paved in accordance with the parking standards in the Zoning 35 Ordinance, and shall be subject to SPARC review. 36 37 (2) This project shall be subject to the City's current Traffic Mitigation Fee as 38 established in the City's Special Development Fee booklet (Petaluma Municipal 39 Code Section 11.80). 40 41 Monitoring 42 43 (1) Plans reflecting the parking lot improvements shall be prepared by the 44 applicant for SPARC review and approval before issuance of a building permit. 45 City staff shall inspect site improvements for conformance with approved plans. 46 47 (2) Traffic Mitigation Fees shall be paid at time of Certificate of Occupancy. 48 49 8. Public Service 50 KI Planning Commission Minutes - 5/14/96 1 The project proponents shall be responsible for a fair share contribution to the City 2 Community Facilities Development Fee as outline in the current Special 3 Development Fees handout. School fees shall be paid directly to the School 4 District. 5 6 Monitoring Fees shall be paid prior to Certificate of Occupancy. 7 8 9. Aesthetics 9 10 (1) Before occupancy and commencement of use, this project shall be subject to 11 SPARC review for consideration of site improvements and building 12 repair /expansion plans. Particular attention shall be paid to landscaping of the 13 perimeter of the site. All SPARC requirements shall be completed or fully bonded 14 prior to commencement of use. If bonded, all improvements shall be completed 15 within 90 days of commencement of use. 16 17 a. A detailed site plan showing; (1) building location(s), (2) parking 18 location, and its compliance with the City's parking design standards; (3) 19 material and equipment storage area, and (4) the location of the trash 20 enclosure. 21 b. Architectural plans which contain detailed building elevations and a 22 floor plan. All proposed exterior materials should be identified, and 23 accompanied by a color board. 24 c. Plans specifically detailing the containment method for the materials to 25 be stored on site (gravel, topsoil, sand, etc.). 26 d. A detailed landscape plan that indicates the locations and species of all 27 trees, bushes, and ground cover. Plant material for the area bordering the 28 marsh must be chosen from the Marsh Enhancement Plan. The plan should 29 include details for all vegetation planting, staking, and fencing as 30 appropriate. All existing and proposed plant material must be shown. 31 e. location and configuration of new fuel tank(s) and enclosures 32 f. detail of the proposed signs(s) 33 34 (2) Development of the site along the westerly fence line shall conform to the 35 recommendations as set forth in the City of Petaluma Marsh Enhancement Plan 36 (draft 12/92) which recommends a setback from pickleweed wetland and moderate 37 quality /sensitivity salt marsh harvest mouse habitat of 40' -0" minimum. This 40' -0" 38 setback is shown as a buffer zone on attached Exhibit A; an approximately 20' -0" 39 area inside the fencing that borders the south west portion of this site is affected. 40 The type of development precluded from this buffer zone includes but is not 41 limited to parking areas, fuel tank(s), structures and materials storage. Therefore, 42 parking and parking improvements shall be prohibited within this buffer zone. 43 Plans submitted for SPARC review shall reflect improvements only outside of this 44 buffer zone. 45 46 (3) The Marsh Enhancement Plan recommends the installation of native plants and 47 shrubs (e.g. coyote bush, quail bush, salt bush, gum plant, jaumea, marsh 48 rosemary, etc.) in the buffer zone. Dense planting of these shrubs and 49 groundcover shall occur within this buffer zone as generally reflected on Exhibit A 50 to provide habitat and to serve as a natural filter for runoff from the site to the 51 adjacent marsh area. 52 26 Planning Commission Minutes - 5/14/96 1 (4) A double row of 15 gallon trees shall be installed along the westerly perimeter 2 of the site as generally reflected on Exhibit A. Said trees shall be of a variety 3 compatible with the. adjacent marsh area and consistent with recommendations of 4 the Enhancement Plana The variety of said trees shall also be determined by their 5 ability to provide a fast growing, long -lived, dense, evergreen screen for the 6 storagelparking area. Said trees shall be irrigated by an automatic irrigation 7 system and maintained in a healthy state. 8 9 (5) A landscape and irrigation plan reflecting the requirements of the above 10 mitigation measures shall be prepared by the applicant and submitted for review 11 and approval by the Planning Director in conjunction with the SPARC application. 12 13 Monitoring 14 15 (1) The applicant shall be responsible for compliance with conditions of approval 16 including application for SPARC. 17 18 (2) All work performed shall be inspected by City inspectors. 19 20 21 10. ArchaeologicaVHistorical 22 23 (1) In the event that archaeological remains are encountered during grading, work 24 shall be halted temporarily and a qualified archaeologist shall be consulted for 25 evaluation of the artifacts and to recommend future action. The local Indian 26 community shall also be notified and consulted in the event any archaeological 27 remains are uncovered; a note to this effect shall be shown on the improvement 28 plans for the site. 29 30 11. Mandatory Findings of Significance 31 32 (1) As outlined herein. 33 34 (2) This Conditional Use Permit shall be subject to an annual on -site review by the 35 Planning Director, Fire Marshal, and Wheelabrator EOS (sewer service) to insure 36 compliance with all conditions of approval as relates to disposal of all wastewater, 37 site drainage courses, compatibility with the adjacent marsh land site and City code 38 1. requirements. 39 40 Monitoring As outlined herein. 41 42 Findings for the Conditional Use Permit 43 44 1. The proposed operation, as conditioned, will conform to the requirements and 45 'intent of the Petaluma Zoning Ordinance and includes conditions requiring 46 improvements as relates to use, fire and explosion hazards, waste, parking, 47 lighting/glare, noise, landscaping/screening, and signs. 48 49 2. The proposed operation, as conditioned, will conform to the requirements and is so consistent with the intent, goals, and policies of the Petaluma General Plan as 51 relate to land use, conservation (soils and erosion, waterways, waste) community 52 health and safety (hazardous materials storage, noise, air and water quality). 53 27 Planning Commission Minutes - 5/14/96 1 3. The proposed operation, as conditioned, will conform to the recommendations as 2 set forth in Marsh, Enhancement Plan (draft 12/92) which recommends minimum 3 setbacks and buffer areas between the upland zone and this proposed industrial 4 use. Improvement plans for the bus operation will also be consistent with the 5 recommended landscaping concept contained in the Plan- 6 7 4. The proposed operation will not constitute a nuisance or be detrimental to the 8 public welfare of the community as it is conditionally approved as a 9 contractor's office and yard only at this location with no public traffic involved. Project 10 approval requires compliance with City of Petaluma Zoning Ordinance 11 Performance Standards (Article 22) and mitigation measures to reduce 12 potential adverse affects. 13 14 Conditions 15 16 From the Water Department 7784392) 17 18 1. Water Department shall be contacted for determination of any connection fees and 19 service sizes. 20 21 2. Water service shall be split to provide for separate irrigation metering. 22 23 3. Backflow preventers shall be provided. 24 25 4. The entry gate shall be moved such that unrestricted access may be made by the Z6 Water Department to the City fire hydrant and water meter. 27 28 From the Chief Building Official (7784302) 29 30 5. Plans shall be submitted showing proposed alteration work to each building on 31 site. 32 33 6. All new occupancies must comply with 1994 UBC, UPC, UMC and 1993 NEC. 34 35 7. All new occupancies must show compliance to current energy code 36 conservation and handicapped access. 37 38 8. Each building's occupancy classification or portion thereof must be shown on the 39 plans. 40 41 9. Indicate all utilities on site plan. 42 43 From the Sonoma CoqW Health Department (525-6500)- 44 45 10. Connection shall be made to public water and sewer. 46 47 From Wheelabrator Environmental Operating Services Inc (sewer service) (762-5892): 48 49 11. If vehicle washing is proposed or drains are to be installed, a 1,250 gallon three 50 stage interceptor with a sample port at the discharge end shall be required. All 28 Planning Commission Minutes - 5/14/96 1 sewer lines (other than those generating from toilets) must go through the 2 interceptor. 3 4 From the Planning Department (778 - 4301) 5 6 12. This CUP shall be held by the Michael Paul Company exclusively, unless 7 transferred as permitted by the Zoning Ordinance. Any expansion of use to 8 include other activities not particular to the Michael Paul Company shall require 9 amendment of the Use Permit. 10 11 13. Occupancy of the site shall not commence until all mitigations and conditions of 12 approval are satisfied, and the site has been vacated by Western Charter Tours. 13 14 14. The City recognizes that in December 1992, the City Council approved in concept 15 a Marsh Enhancement Plan which contains recommendations for the development 16 of the marsh areas on the unused portion of this parcel. No expansion of the 17 Michael Paul Company's use beyond the area approved in the Conditional Use 18 Permit shall occur without amendment to this Conditional Use Permit. 19 20 15. As proposed by the applicant, parking shall be restricted to the area located 21 directly to the west of the building, and should be provided at the rate of one (1) 22 space per each 300 sq.ft. of office, and one (1) space per each 500 sq.ft. of 23 storage/warehouse, etc. 24 25 The parking lot(s) shall be subject to SPARC review and approval and comply 26 with the City's parking lot standards as relates to stall size and location, pavement, 27 curbing, landscaping/screening etc. Parking areas shall be clearly marked, and 28 spaces clearly striped. The area directly in front of the existing building, from its 29 most westerly side to the entrance gates of the property shall be paved. At no 30 time shall any vehicle parking space be closer than 5'-0" from any property line, 31 with the exception of the Marsh. Enhancement Plan buffer zone areas, where it 32 shall be a minimum of 20' -0" from the existing fence, in conformance with said 33 draft Plan. Landscaping within the 5' -0" setback shall be installed prior to issuance 34 of a Certificate of Occupancy pursuant to a landscape plan prepared by the 35 applicant and approved by SPARC. 36 37 16. No salvage operations or long term storage of inoperable vehicles may occur 38. unless wholly within an enclosed building. Notwithstanding the above, inoperable 39 company vehicles may remain on the site for a period of sixty (60) days during 40 which time diligent repair efforts shall commence. 41 42 17. As proposed by the applicant, the 3,625 sq.ft. area at the northeast corner of the 43 site shall be the approved location for the storage of crushed rock, gravel, topsoil, 44 and sand. Inclusion of other materials in this area, and/or expansion of the area for 45 storage shall require an amendment to this Conditional Use Permit. 46 47 18. Any new sign(s) shall be in compliance with the Zoning Ordinance, and must have 48 permits (obtained from the Building Division) prior to installation. 49 50 19. A trash enclosure shall be provided on the site. The location and design of said 51 enclosure shall be consistent with the SPARC standards, subject to review and 29 Planning Commission Minutes - 5/14/96 1 approval by the Planning Director in conjunction with review of the SPARC 2 application and shall be installed prior to commencement of use. 3 4 20. Copies of all easements and access agreements shall be submitted to the Planning 5 Department, before commencement of use, and shall be maintained by the Michael 6 Paul Company as long as such business shall occupy the site. 7 8 21. This Conditional Use Permit may be recalled for review by the Planning Director at 9 any time due to failure to comply with mitigation measures and/or conditions of 10 approval, or due to complaints regarding potentially detrimental operating 11 characteristics. 12 13 22. The applicants shall defend, indemnify, and hold harmless the City or any of its 14 boards, commission, agents, officers, and employees from any claim, action or 15 proceeding against the City, its boards, commission, agents, officers, or employees 16 to attack, set aside, void, or annul, the approval of the project when such claim or 17 action is brought within the time period provided for in applicable State and/or 18 local statutes. The City shall promptly notify the applicants of any such claim, 19 action, or proceeding. The City shall coordinate in the defense. Nothing 20 contained in this condition shall prohibit the City from participating in a defense of 21 any claim, action, or proceeding if the City bears its own attorney's fees and costs, 22 and the City defends the action in good faith. 23 24 25 IV. GRAYSTONE PLACE; MCBAIL COMPANY; SOUTHEAST CORNER 26 OF SANDSTONE DRIVE AND RIESLING ROAD; AP NO. 137- 070 -063, 27 a cm/ds). 28 29 Consideration of a request to subdivide a 4.29 acre site in the Corona/Ely area into 30 44 single - family lots. The project includes requests for approval of 1) a Mitigated 31 Negative Declaration; 2) a Rezoning of the site to PUD; 3) a PUD Development 32 Plan; and 4) a Tentative Subdivision Map to divide the property into 44 single - 33 family lots. 34 35 Principal Planner McCann presented the staff report. 36 37 38 The public hearing was opened. 39 40 SPEAKERS: 41 42 Mike Gallagher, McBail and Company, - Gave a presentation and explained the concept of 43 the 44 lots; only 29 face the existing public streets - the privately owned access areas are 44 small, the landscaping is brought out to the street; adequate parking - should reduce the 45 size of the street visually; the private street maintenance will be the responsibility of the 46 tenants; street houses are 2 story with detached garages. 47 Paul Gerard, 1853 Sandstone, Representative for residents along Sandstone Drive; not 48 happy with proposal; when we purchased our homes we asked what could be built on the 49 vacant property near our residence and were told the development would be surrounded 50 by a tall fence that would separate the property - higher density will be walled off from the 51 single family residence; there should be separation between communities. 52 Commission Member Read - Who was the developer that you purchased from? 30 Planning Commission Minutes - 5/14/96 1 Paul Gerard McBail Company, and it was a verbal agreement. Mr. Gerard read letters 2 from concerned residents on Sandstone Drive and submitted them for the record. 3 Kevin White 1833 Sandstone, Concerned about the property values decreasing if the 4 Graystone Place is not fenced in; no confusion on Wisteria. 5 Steve Bailey. Project Manager, Read the disclosure statement used for Graystone when 6 houses are sold; no misleading occurred. 7 Commission Member Thompson Agent did not tell these people what was being 8 proposed? 9 Steve Bailey - I was not there I do not know. to Commission Member Thompson - (directed to McBail Company) Hope you have told 11 your agent not to mislead the public. 12 Steve Bailey - I deny that they intentionally mislead anyone. 13 Commission Member Read - Questions regarding the wall issue. 14 Steve Bailey - Wisteria does have a wall that backs up to Sandstone, but until last fall we 15 had no idea what this site was going to be like. 16 Doug Andrews - Agrees with Paul Gerard's comments; and the wall is a good idea; he 17 was told it was going to be a park. 18 Tom Voll ert. 1821 Sandstone, Agree with previous speakers; led_ to believe that the area - 19 should be fenced or a park and was not confused with the Wisteria development; also 20 safety is a issue with children. 21 Mark Adams 1838 Heather Lane, If the number of units were reduced the land could be 22 used to fence off with greenery. 23 Stephanie Joanisse - Adams, 1838 Heather Lane; Agrees with Mark Adams, also there is no 24 place for children to play. 25 Bob Fox, 755 Riesling Road, Questions regarding Mello-Roos costs; suggest no access 26 from Sandstone. 27 Answer from staff - This project will participate in the Mello-Roos assessment. 28 Paul Gerard - This project does not add to the quality of the neighborhood. 29 Kevin White - Bought house March 1996 and there was no confusion that it would be 30 fenced. 31 32 The public hearing was closed. 33 34 Discussion: 35 36 Commission Member VonRaesfeld - Earlier application with central street ( "dragstrip ") 37 was that fenced along Sandstone? 38 Principal Planner McCann - No, it was not fenced, it was individual driveways facing 39 Sandstone. 40 Commission Member vonRaesfeld - Tentative map lot 18 is this Graystone or Wisteria? 41 Planning Director Tuft a manufactured house within the Wisteria project; we have not 42 encouraged walling off one subdivision from another, we have tried to add through 43 diversity in architecture and entry treatments; the Corona/Ely Specific Plan recognizes s a 44 park needs in the area; information was given to the Commission of the projects that will 45 link everything together (Gatti 7 acre Park and Commercial Area; Waugh School District 46 Elementary School, Petaluma School District Middle School etc.); Sandstone is designed 47 to handle a good amount of traffic for the neighborhood; if there is a cookie cutter pattern 48 of unit architecture it needs to be addressed by SPARC. 49 Commission Member Torliatt - Has a problem with elevations all being 2 story; needs 50 diversity; questioned how people are noticed. 51 Planning Director Tuft explained how the community is noticed for public hearing. 52 Commission Member Torliatt questions regarding parking issue. - 31 Planning Commission Minutes - 5/14/96 1 Principal Planner McCann The homes proposed all have 2 car garages; some attached, 2 some not; with aprons to accommodate there are guest parking spaces within the private 3 streets. 4 Commission Member Torliatt - More communication between the City and the residents is 5 needed; she suggests that the sales office have a copy of the Corona/Ely Specific Plan in 6 the office with a list for prospective buyers to contact within the City. _ 7 Planning Director Tuft would be glad to send the developers another copy of the 8 Corona/Ely Specific Plan and business cards; be glad to do outreach to the developers, but 9 little enforcement strength. 10 Commission Member Torliatt - Could we require with approval that the developers have a 11 copy of the Corona/Ely Specific Plan kept in the sales office? 12 Planning Director Tuft - Yes it can be a condition of approval. 13 Commission Member Thompson A year ago or longer, we had other complaints with 14 McBail; it is by no means satisfactory and we need to get the attention of the developer - 15 he does not know quite what to do. 16 Commission Member vonRaesfeld believes this issue should be taken to the civil courts if 17 needed. A wall is not a good idea and recommends 43 lots instead of 44 and to have more 18 diversity in elevations which will improve the appearance of density. 19 Commission Member Read - This is one of the last pieces of the Corona/Ely Specific Plan 20 being developed; surprise element that when Graystone and Americana residents bought 21 their house this is not what they expected; agrees that there needs to be one or two more 22 elevations. 23 Commission Member Torliatt landscaping and conditions of approval question. 24 Planning Director Tuft explained the landscaping conditions; she would like to work with 25 the developer to get improvements in place. 26 Commission Member Wick - Is there assurance that landscaping will happen? 27 Planning Director Tuft - They are bonded and are required to do the landscaping. 28 Commission Member Torliatt - She will be voting for the project because of design and it 29 has provided for the density of the area; Mr. McBail needs to make sure that they are 30 servicing the clients they have sold the homes to because I will not vote for another 31 project of yours if I do not see some of this. 32 33 A motion was made by Commissioner vonRaesfeld and seconded by Commissioner Wick 34 to recommend that the City Council find that the previously prepared EIR and Initial 35 Study/Negative Declaration adequately evaluated the potential impacts of the project, 36 approve an amendment to the Development Agreement; rezoning the project from PUD to 37 PUD, and approve the amendment to the existing Planned Unit Development Plan to 38 allow the construction of 43 two story homes as shown in the plans dated February 1996 39 and submitted to the Planning Department on February 23rd, 1996 and April 22, 1996, 40 and approve the Tentative Subdivision map to create 43 separate residential lots based on 41 the findings and subject to the conditions below. 42 43 Commissioner Read: Yes 44 Commissioner Feibusch: Yes 45 Commissioner Thompson: Yes 46 Commissioner Torliatt: Yes 47 Commissioner vonRaesfeld: Yes 48 Commissioner Wick: Yes 49 Chairperson Rahman: Absent 50 51 Development Agreement Amendment Finding: 52 32 Planning Commission Minutes - 5/14/96 1 1. The second amendment to the Development Agreement between the City of Petaluma 2 and the McBail Company regarding the Graystone Creek (Glenbrook North) project, 3 (dated March 19, 1990 and amended July, 6. 1992) to include the new project 4 conditions relating to Graystone Place is consistent with the General Plan, Corona/Ely 5 Specific Plan and other applicable plans, policies, ordinances, and regulations of the 6 City of Petaluma. 7 8 Rezoning Findings: 9 to 1. The previously- prepared Corona Ely Specific Plan EIR and the subsequently prepared 11 Graystone Creek Initial Study/Negative Declaration adequately examined the potential 12 environmental impacts of the proposed development of the site and there have been no 13 changes in circumstances which would result in additional impacts on the environment 14 and therefore pursuant to Section 15162 and 15168 of the CEQA Guidelines, no 15 additional environmental review is necessary. 16 17 2. The proposed development plan, as conditioned, results in a more desirable use of the 18 land, and a better physical environment than would be possible under any single zoning 19 districts or combination of zoning districts by providing additional more affordable 20 opportunities for single family detached and attached home ownership. 21 22 3. The plan for the proposed development, as conditioned presents a unified and 23 organized arrangement of residential buildings which are appropriate in relation to 24 adjacent and nearby land uses and appropriate landscaping is included to insure 25 compatibility. 26 27 4. The natural and scenic qualities of the site have been protected through the 28 development of Corona Creek during previous phases of the Graystone Creek 29 development and adequate available public (Urban Separator) and private spaces were 30 designated and/or developed on the original Planned Unit Development. 31 32 5. The development of Graystone Place in the manner proposed by the applicant and 33 conditioned by the City will not be detrimental to the public welfare, will be in the best 34 interests of the City and will be in keeping with the general intent and spirit of the 35 zoning regulations of the City of Petaluma and with the Petaluma General Plan. 36 37 38 39 PUD Conditions: 40 41 1. Plans submitted to SPARC for review shall address the following: 42 43 a. Landscaping and a pedestrian walkway shall be added to connect the Mayflower 44 Street private road segment to the Sandstone Place road segment (currently 45 proposed to be blocked by parking). 46 47 b. A detailed 0" = 40') master landscape plan shall be submitted which includes right- 48 of -way landscape treatment along all public and streets serving the subdivision, 49 including sidewalks and street cross sections, private lot front yard landscaping, 50 entry way pilasters and signs and special paving details, and details of pedestrian 51 walkways. 52 33 Planning Commission Minutes - 5/14/96 1 c. Proposed street names shall be reflected on the development plan. 2 3 d. Curb cuts from proposed private streets to existing public streets shall be shown 4 on the development plan. 5 6 e. An additional model type (a single story) shall be provided 7 8 f. One (1) additional elevation shall be provided for each model. 9 10 g. Twenty percent (20%) of homes shall be single story, 112 of the homes on 11 Sandstone Drive shall be one story. 12 13 2. Application submitted for review by SPARC shall focus on the following: 14 15 - a. Provision of architectural and landscaping diversity throughout the project, 16 including the use of a variety of exterior materials, garage treatments and color 17 schemes, as well as elements which distinguish the project from other Corona/Ely 18 subdivisions. 19 20 b. Provision of a continuous system of pedestrian and bike paths through the project 21 to ensure the safe and convenient access to school sites, the Urban Separator and 22 Corona Creek. 23 24 c. Appropriate location of all utility boxes, street lights and mailboxes to minimize 25 their visual obtrusiveness. 26 27 3. The project site is currently within the Graystone Creek Landscape Assessment 28 District and will be assessed a fair share of the costs of maintaining public landscaping, 29 lighting and sidewalks within this district as determined by the City's Finance Director. 30 The applicant/developer shall be responsible for maintaining all landscaping within the 31 public right- installed as a part of this project for a period of one year after the 32 landscaping has been installed and inspected to the satisfaction of the City Public 33 Works, Park and Recreation and Planning Departments. After the one year 34 maintenance period, all landscaping and irrigation systems within the public right -of- 35 way shall be maintained by the existing Graystone Creek Assessment District. 36 Landscaping and irrigation systems within these public areas shall be separate from all 37 private landscaping and shall be designed to standards acceptable to the City of 38 Petaluma Planning, Engineering, Public Works and Parks Departments. A fair share of 39 the costs associated with adding the new Graystone Place public landscaping to the 40 existing Graystone Creek Assessment District shall be borne by the project proponent 41 as determined by the City Finance Director. Any amendments to the Assessment 42 District shall be completed at the time of Final Map approval. 43 44 4. The subdivision name shall be subject to the approval of the Petaluma Street Naming 45 Committee prior to SPARC approval of the project. 46 47 5. Maintenance easements shall be provided to adjacent property owners for homes with 48 side yard setbacks that are less than 5. 49 34 Planning Commission Nfinutes - 5/14/96 6. CC &R's, if proposed, will be subject to the review an approval of the Planning Director to determine consistency with the standards of the Planned Unit Development District. 5 7. The - applicants/developers shall defend, indemnify and hold harmless the City or any of 6 its boards, commission, agents, officers and employees from any claim, action or 7 proceeding against the City, its boards, commission agents, officers, or employees to 8 attack, set aside, void, or annul, the approval of the project when such a claim or 9 action is brought within the time frame provided for in applicable State and/or local 10 statutes. The City shall promptly notify the applicants/developers of any such claim, 11 action or proceeding. The City shall coordinate in the defense. Nothing contained in 12 this condition shall prohibit the City from participating in a defense of any claim, 13 action. or proceeding if the City bears its own attorney's fees and costs, and the City 14 defends the action in good faith. 15 16 8. The PUD plan shall be modified to delete one lot, not more than 43 homes shall be 17 constructed 18 19 Tentative Subdivision Map Findings: 20 21 1. The previously prepared Corona/Ely Specific Plan EIR and the subsequently prepared 22 Graystone Creek Initial Study/Negative Declaration adequately examined the potential 23 environmental impacts of the proposed development of the site and there have been no 24 changes in circumstances which would result in additional impacts on the environment 25 and therefore pursuant to Section 15162 and 15168 of the CEQA Guidelines, no 26 additional environmental review is necessary. 27 28 2. The proposed subdivision as conditionally approved, is consistent with the General 29 Plan and the Corona/Ely Specific Plan objectives policies general land uses and 30 programs. 31 32 3. The site is physically suitable for the type and density of single - family and high density 33 residential development proposed as conditionally approved. 34 35 4. The design of the subdivision and the proposed improvements as conditionally 36 approved will not cause substantial environmental damage and no avoidable injury will 37 occur to fish and/or wildlife habitat. 38 39 5. The proposed private streets will provide adequate access to the proposed lots and 40 will permit a more unique and cohesive neighborhood consistent with the provisions of 41 the Corona/Ely Specific Plan and the 1987 - 2005 General Plan. 42 43 Tentative Map Conditions: 44 45 1. The subdivider shall comply with the following conditions of the Fire Marshal: 46 47 a. Post address at or near main entry door - minimum four (4) inch letters on 48 contrasting background. 49 50 b. In residential buildings less than 3,500 sq. ft. in floor area, provide fire suppression 51 system at normal sources of ignition. These areas are specifically at clothes dryers, 52 kitchen stoves, furnaces, water heaters, fireplaces and in attic areas at vents and 35 Planning Commission Minutes - 5/14/96 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 49 50 51 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. - c. Residential buildings constructed over 3,500 sq. ft. in area are required to have a residential fire sprinkler 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. d. Fire hydrants shall be spaced at a maximum of 300 feet apart. Location and type of fire hydrants are to be approved by the Fire Marshal's office. e. Add as a general note to plans: No combustible construction is permitted above the foundation unless an approved all weather hard surface road is provided to within one hundred -fifty (150') of the farthest point of a building or structure. All fire hydrants for the project must be tested, flushed, and in service prior to the commencement of combustible construction on the site. f. Minimum fire flow required for this project is 1,500 gallons per minute at 20 pounds per square inch (psi). g. 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. h. The maximum allowable grade for driveways and roadways is 12 %. Special allowances for up to a maximum of 15% may be granted with the approval of the Fire Marshal and City Engineer. i. Provide smoke detectors in all sleeping rooms and common hallways. Detectors shall be provided hardwired with battery backup. Electrical circuits supplying detectors shall be separate dedicated lines with no other devices on the circuits. j. All contractor's shall have a City business license and a worker's compensation certificate on file in the Fire Marshal's office, listing the City as certificate holder. k. 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. 1. 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. m. Open space adjoining the developed parcels shall be disked around the perimeter to provide a fire break. 2. The subdivider shall comply with the following conditions of the Building Division: 36 Planning Commission Mmntes - 5114/96 1 a. Grading must be certified when completed to indicate compliance with approved 2 plans and will be required for occupancy. 3 4 b. Soils with expansion index greater than 20 requires special design foundation per 5 Uniform Building Code 1803.2 6 7 c. All roofing shall be `B" rated or better per Ordinance No. 1744/1988. 8 9 d. Indicate all utilities on site plan. 10 = 11 e. Responsible party to sign plans. 12 13 f. Submit soils report to verify foundation design. 14 15 g. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993 NEC. Plans 16 must also show compliance to current Title 24 Energy Code. 17 18 h. Provide structural calculations for all non - conventional design items. 19 20 i. Detail site drainage swales. 21 22 3. The subdivider shall comply with the following conditions of the City Engineer: 23 24 a. Per Petaluma Municipal Code 20.28.020, "All lots or parcels created by the 25 subdivision of land shall have access to a public street." By the same code section, 26 the Planning Commission may find and recommend that the subject subdivision, as 27 proposed, can be served by private streets. If the Planning Commission makes 28 such a finding and recommendation, the Engineering Department shall require that 29 Mayflower, Sandstone and Riesling Place be separate parcels commonly owned. If 30 the streets are to be public then the street geometry shall be 32 -feet wide curb to 31 curb with sidewalks on both sides and adequate right -of -way dedication. 32 33 b. Mayflower Street and all public utilities serving this subdivision shall be 34 constructed prior to issuing any building permits for Lots 33-44. 35 36 c. Sidewalk along the Mayflower Street frontage is required and shall be shown on 37 the improvement plans. 38 39 d. Sandstone Drive shall be overlaid with 1 1 /2- inches of asphalt concrete from lip of 40 gutter to lip of gutter between Riesling Road and Mayflower Street after 41 construction of water, sanitary sewer and storm drain lines and laterals. 42 43 e. Parking in Mayflower Place, Sandstone Place and Riesling Place shall be limited to 44 parking bays and the end of hammerheads. As proposed, a 24 -foot wide private 45 street with no parking shall provide access to all lots not accessed by a public 46 street. No parking areas shall be signed and curbs painted red. 47 48 f. The developer shall demonstrate that a standard passenger vehicle can negotiate 49 the private street areas as proposed. Vehicles should be able to park, drive into 50 garages, back out of garages and utilize these areas with the same amount of 51 turning movements associated with a typical parking lot. 37 planning Commission Minutes - 5/14/96 1 2 g. Sidewalks are required on both sides of the street per Petaluma Municipal Code 3 Section 20.32.220. Due to the street configuration and combination of no parking, 4 5 the Engineering Department takes no exception to the Planning Commission omitting the requirement for sidewalks along the streets as proposed by the subject 6 tentative map (Petaluma Municipal Code 20.32.230). 7 8 h. Proposed private street entrances shall be standard driveway approaches with signs 9 indicating private streets. Drive approaches shall be designed to accommodate 10 commercial vehicle turning radius and loading. 11 12 i. If traffic bollards separating Sandstone and Mayflower Place are for emergency 13 access, then no parking shall be allowed at that location. If the bollards are to be 14 permanent, then a curb or planter shall be constructed with parking allowed. 15 16 j. Provide calculation for private pavement section in street areas. Consider garbage 17 vehicles when determining traffic index. 18 19 k. The storm drain system within Mayflower Place, Sandstone Place and Riesling 20 Place shall be privately owned and maintained by the homeowners of this 21 subdivision. 22 23 1. The water main and sanitary sewer system shall be publicly owned and maintained. 24 Public water main and sanitary sewer easements shall be shown on the final map as 25 separate easements. 26 27 m. A 10 -foot wide paved access shall be provided between Riesling and Sandstone 28 Drive. 29 30 n. Existing sanitary sewer mains, water mains or storm drain stubs shall be eliminated 31 if not used for this subdivision. 32 33 0. A recordable document shall be created to provide a maintenance mechanism for 34 the private streets and storm drain systems. 35 36 p. Grading shall conform to the soils investigation report prepared for this site. 37 38 q. An erosion control plan shall be prepared and submitted with the improvement 39 plans (Ordinance 1576). The cost for erosion control shall be included in the bond 40 for the subdivision with an additional 10 percent cash deposit. 41 42 r. Lot to lot drainage shall not be allowed. 43 44 s. All hydrologic, hydraulic and storm drain system design shall be subject to review 45 and approval by the Sonoma County Water Agency, including 100 -year overflow 46 swale between Riesling and Sandstone Drive. This overflow area shall have a 47 surface flow easement that must be kept free and clear at all times. 48 49 t. Submit fire flow calculations for the proposed water system. 50 38 Planning Commission Minutes - 5/14/96 1 u. Provide a signed letter from PG&E that the P.U.E. configuration has been 2 reviewed and approved. 3 4 v. The developer shall prepare improvements plans, prepare a final map, pay 5 applicable fees and contributions and submit the required reports and/or 6 documents according to latest City of Petaluma codes, ordinances, resolutions, 7 policies and standards. 8 9 4. Any labeling errors or other erroneous information appearing on the map development 10 or landscape plans shall be corrected prior to Final Map Approval. 11 12 5. The applicants/developers shall defend, indemnify and hold harmless the City or any of 13 its boards, commission, agents, officers and employees from any claim, action or 14 proceeding against the City, its boards, commission agents, officers, or employees to 15 attack, set aside, void, or annul, the approval of the project when such a claim or 16 action is brought within the time frame provided for in applicable State and/or local 17 statutes. The City shall promptly notify the applicants/developers of any such claim, 18 action or proceeding. The City shall coordinate in the defense. Nothing contained in 19 this condition shall prohibit the City from participating in a defense of any claim, action 20 or proceeding if the City bears its own attorney's fees and costs, and the City defends 21 the action in good faith. 22 23 24 V. 117 UPHAM STREET; GINA BENEDETTI- PETNIC; AP NO. 008-161-003; 25 acm). 26 27 Consideration of a request to apply the Historic Preservation District Overlay to 28 the 0.38 acre property. 29 30 Planning Difector Tuft presented the staff report. 31 32 SPEAKERS: none 33 34 The public hearing was closed. 35 36 A motion was made by Commissioner Wick and seconded by Commissioner Feibusch to 37 recommend that the City Council adopt a Negative Declaration and approve the Rezoning 38 based on the findings below: 39 40 Commissioner Read: Yes 41 Commissioner Feibusch: Yes 42 Commissioner Thompson: Yes 43 Commissioner Torliatt: Yes 44 Commissioner vonRaesfeld: Abstained 45 Commissioner Wick: Yes 46 Chairperson Rahman: Absent 47 48 Environmental Findings: 49 50 1. On the basis of the Initial Study, there is no substantial evidence that the project as 51 conditioned would have a significant effect on the environment. 39 Planning Commission Minutes - 5/14/96 2 2. Through the Initial Study, Planning Staff has evaluated the potential for this 3 project to cause an adverse effect -- either individually or cumulatively on wildlife 4 resources and there is no evidence that the proposed project would have any 5 potential for adverse effect on wildlife resources because the property is located 6 within an entirely developed neighborhood and will not involve any physical 7 changes to the property or to its use. 9 Rezoning Findings: 10 11 1. The subject property has a number of structures having a special historic 12 architectural and aesthetic interest and value which would qualify it as a Historic 13 District. 14 15 2. The proposed amendment is in conformance with the Petaluma General Plan and 16 will help to implement goals, objectives and programs of the General Plan relating 17 to the preservation of Petaluma's historical heritage. 18 19 3. Public necessity, convenience and general welfare require or clearly permit the 20 adoption of the proposed amendment as identified by Section 17 -101 of the City's 21 Zoning Ordinance because Uniform Building Codes relating to setbacks from 22 buildings to property lines would otherwise require substantial alterations to the 23 exterior walls of the historic structures to accommodate the proposed Tentative 24 Parcel Map. 25 26 4. Any future development or alterations to the property shall be subject to the 27 provisions of the Oakhill Brewster Historic District Design Guidelines. 28 29 30 VIL PROJECT STATUS: 31 32 1. Payran Bridge CUP Appeal - was denied by the City Council. 33 2. Maxwell Subdivision - was approved by City Council. 34 35 36 ADJOURN fEENT: 10:00 PM 37 38 mino5 mipi= 69 39 40 40