HomeMy WebLinkAboutMinutes 06/08/1993I; �
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2 Planning Commission Minutes
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6 REGULAR MEETING June 8, 1993
7 CITY COUNCIL CHAMBERS 7:00 P.M.
8 CITY HALL PETALUMA, CA
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-10 COMMISSIONERS: Bennett, Read, Parkerson *, Rahman,- Tarr, Thompson, Torliatt
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12 STAFF: Pamela Tuft, Planning Director
13 James McCann, Principal Planner
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15 Chairman
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18 MINUTES OF May 25, 1993 were approved with corrections.
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21 PUBLIC COMMENT: None.
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23 DIRECTOR'S REPORT: None.
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25 COMMISSIONER'S REPORT: Commissioner Parkerson: City Council approved new
26 Street Tree List last night; very impressed with list and work of Tree Committee.
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28 CORRESPONDENCE: Letter regarding Burger King; memo from Dede Dolan-regarding
29 Colabianchi property; General Report.
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31 APPEAL STATEMENT: Was read.
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33 LEGAL RECOURSE STATEMENT: Was noted on the agenda.
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36 NEW BUSINESS
37 PUBLIC'' HEARING
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39 I. BURGER KING, 211 NORTH McDOWELL BOULEVARD, AP NO. 007 - 350 -08
40 FILE NO. CUP92041(dh).
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42 Commissioner Tarr abstained due to a possible financial conflict.
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44 Request for approval of an amendment to the existing Burger King Conditional Use
45 Permit to permit the establishment of drive -thru service. The following actions are
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48 1. Approval of Mitigated Negative Declaration.
49 2. Conditional Use Permit amendment to permit addition of a drive - through
50 facility to an existing 2,693 sq. ft. fast food restaurant.
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52 The public hearing was opened.
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Planning Commission Minutes
SPEAKERS:
June 8, 1993 469
Principal Planner Jim McCann presented the staff report.
Discussion centered around safety of proposed drive -thru layout; concerns regarding traffic
increases; conflicts with drive -thru location and pedestrian access to restaurant; explore
drive -thru at other side of building; Commissioners had no objections to adding a drive -
thru, just with the proposed configuration of the drive - -thru area so near the existing
entrance.
Craig Wilmington -Smith - Shopping Center Manager - All traffic concerns should be
mitigated; drive -thru will be an improvement to the center; other fast -food restaurants have
drive -thru windows.
David UoMahl - 400 Santa Clara Avenue, Vallejo - Owner /Operator; answered questions
regarding hours of operation of drive -thru (7AM to 11PM).
Ga Flynn - Owner of adjacent McDonalds - Concern with existing traffic volumes on
McDo and impacts from this addition; major inaccuracies in traffic report.
David Jones - Attorney representing Gary Flynn - Traffic Study is invalid; Wilson
Engineering study not based on specific site study; local data needs to be gathered; EIR
should be generated.
Mik Foresee - Burger King Architect - proposed layout is best alternative; no new traffic
will be generated.
The public hearing was closed.
Commission directed staff to work with applicant on drive -thru reconfiguration and
continued discussion to the Planning Commission meeting of July 13, 1993.
II. KAREN COLABIANCHI, CORONA CLUB, 464 CORONA ROAD, AP NO. 137-
060-77, FILE NO.'s REZ92017, TSM92007(dd).
Request for approval of a Rezoning from "A" Agriculture to "PUD" Planned Unit
Development and for approval of a Tentative Subdivision Map to subdivide a 14.85
acre parcel into 40 single- family lots and one remainder lot. The following actions
are required:
1., Recommend that the City Council find that the previously certified EIR
adequately addressed the potential environmental impacts associated with
this project.
2. Recommend that the City Council approve the rezoning of a 10.96 acre
portion of the property.
3. Recommend that the City Council conditionally approve the Planned Unit
Development Plan.
4., Recommend that the City Council conditionally approve the Tentative Map.
The public hearing. was opened.
SPEAKERS:
Principal Planner Jim McCann presented the staff report; noted staff's pleasure with the
design concept- and that there are concerns regarding two issues: tree retention and
reimbursement of costs for bridge (Sonoma Parkway Company).
Commissioner Bennett - Why hasn't.this area already had a zoning change?
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470 Planning Commission Minutes June 8, 1993
Planning Director Pamela Tuft - mostly because of existing agricultural uses - didn't want
to make the uses incompatible; this zoning change is consistent with the Corona /Ely
Specific.Plan; roadway was purchased.
Mark Bowers Landscape Architect - concerns with requirements for tree retention,
recommends deleting PUD Conditions 1 -5.
Matt Hudson Attorney representing Sonoma Mountain Parkway Company - spoke
regarding reimbursement of costs for bridge.
John O'Brien - Project Architect - Tentative Map condition 3d unnecessary given presence
of soundwall.
Gary Collins a neighbor - Has animals on property, wants to make everyone aware that
animals will continue to be raised on property; requests single -story homes adjacent to his
property.
John Gotelli - a neighbor - Has a hog ranch which will continue on adjacent property.
Commission discussion centered around necessity of one -foot access easement;
reimbursement to Sonoma Parkway Company for costs to build bridge (if Council directs
reimbursement, it will 'become a -Tentative Map condition); conditions regarding trees
should be retained; excellent, inspiring design!
The public hearing was closed.
A motion was made by Commissioner Tarr and seconded by Commissioner Rahman to
approve the Rezoning, PUD Plan and Tentative Subdivision Map for Corona Club based
on the findings and subject to the following amended conditions:
COMMISSIONER READ: Yes
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
CHAIRMANPARKERSON: Yes
COMMISSIONER'TORLIATT: Yes
COMMISSIONER. THOMPSON: Yes
COMMISSIONER TARR: Yes
Rezoning and PUD Findings:
1. The development plan as conditioned results in a more desirable use of the land and
a better physical environment than would be possible under any single zoning
district by providing the opportunity for small detached units of a unique style.
2. The plan for the proposed development, as -conditioned, presents a unified and
organized arrangement of buildings which are appropriate in relation to nearby
properties and PUD plan will be reviewed by SPARC to insure compatibility.
3. The development of the Colabianchi property in the manner proposed by the
applicant, and as conditioned by the City, will not be detrimental to the public
welfare, will be in the best interest of the City, and will be in keeping with the
general intent and spirit of thel Corona Ely Specific Plan, the Zoning Regulations
and the General Plan of the City of Petaluma.
4. The circulation pattern of the proposed PUD has been reviewed in the context of
the development of the adjacent Liberty Farms and Sonoma Parkway Company
properties, and has been designed to have compatible relationship to the adjacent
circulation patterns. Cumulative traffic impacts from the development of the
Corona Ely area have been addressed and mitigated through the implementation of
the Corona /Ely Specific Plan.
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Planning Commission Minutes
June 8, 1993 471
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The proposed project has complied with the requirements of CEQA pursuant to
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Section 15182 of the Guidelines, through preparation and certification of the EIR
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for the Corona /Ely Specific Plan on May 1st, 1989 (Resolution No. 89 -123), which
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addressed the potential environmental impacts associated with the development of
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the Colabianchi Parcel, and no further environmental analysis is necessary.
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Tentative Map Findings:
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The proposed Tentative Subdivision Map, as conditioned, is in general conformity
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with the provisions of the General Plan designation for the area.
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SPARC approval of the PUD plan will sufficiently address the need for quality
design on the site.
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The project is consistent with the Housing elements policies of promoting a mix of
housing types by providing smaller lots and an opportunity for individuals to develop
a single lot.
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The proposed Tentative Subdivision Map as conditioned is in general conformity
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with the provisions of the Zoning Ordinance.
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The proposed Tentative Subdivision Map as conditioned is in general conformity
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with the Subdivision Ordinance.
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The proposed Tentative Subdivision Map as conditioned complies with ,the policies
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of the Corona /Ely Specific Plan and addresses the relevant mitigation measures
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identified in the Environmental Impact Report.
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The proposed project has complied with the requirements of CEQA pursuant to
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Section 15182 of the Guidelines, through preparation and certification of the EIR
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for the Corona /Ely Specific Plan on May 1st, 1989 (Resolution No. 89 -123), which
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addressed the potential environmental impacts associated with the development of
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the Colabianchi Parcel, and no further environmental analysis is necessary.
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PUD conditions:
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1.
The applicant shall be responsible for the cost of an arborist report which shall
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include:
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a) A map of all existing trees (12" or greater in diameter), their driplines,
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diameter and species, using the Tentative Subdivision Map grading plan or
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final grading plan as a base map;
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b) An evaluation of the value and health of each existing tree from a visual as
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well as biological standpoint;
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c) Identification of the monetary value of each tree worthy of retention;
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d) An evaluation of the impacts of the proposed plan on each tree;
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e) Recommended changes which could be made to the plan to reduce impacts
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on the trees and save as many trees as possible;
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472 Planning Commission Minutes
June 8, 1993
f) Recommended tree preservation guidelines to be employed during the
. construction phase.
2. The project arborist shall be under contract with the City of Petaluma to prepare
the arborist's report at the expense of the project applicant.
3. The arborist's report shall be submitted for review by SPARC prior to Final Map
approval.' SPARC shall determine which trees are to be saved based on the
arborist's report.
4. The applicant shall submit a bond to the City of Petaluma prior to the
commencement of any construction on the site for the value of all trees determined
by SPARC as worthy of retention. The bond amount for each tree shall be. forfeited
to the. City of Petaluma if trees are damaged in any way during the construction
.process. The amount of this bond is to be determined by SPARC upon the
recommendation of the project arborist based on the value of the tree. If any
portion of the bond is forfeited to the City the money shall be used by the City to
purchase and plant replacement trees, in addition to trees proposed on the approved
planting plan, within the Corona Club Project and /or the Corona Ely Specific Plan
area.
5. The tree preservation guidelines shall be considered conditions of project approval.
Violations of these guidelines shall result in a forfeiture of all, or a portion of the
tree bond, at the discretion of the Planning Director.
6. It will be the responsibility of each builder to install the street trees and planter strip
plantings and irrigation in front of their homes in accordance with the approved
landscaping plan. The individual landscaping plans will be subject to approval
through the administrative SPARC process . and must be installed or bonded for
prior to issuance of a certificate of occupancy for that unit.
7. All lots which ma be left undeveloped for any period of time shall be seeded with a
wild flower and or grass mix until construction begins. Any temporary fencing
installed on these lots must be consistent with the setback and design requirements
of the Planned Unit Development Plan.
8. The individual lot owners shall be responsible for keeping the sites litter free and
for any maintenance which may be needed on these lots.
9. No long -term outdoor storage of building materials will be permitted on the
undeveloped lots prior to the issuance of building permits for a specific lot or group
of lots or prior to commencement of construction on those lots.
10. A master fencing plan with construction details shall be submitted for review by
SPARC prior to construction of any fencing. Perimeter fencing (other than the
soundwall adjacent to Sonoma Mountain Parkway) is not required except as
specified in the written PUD standards, but any fencing proposed must be installed
in compliance with the master fencing plan.
11. As required by the adopted Corona Ely Specific Plan Mitigation Measures, the
Public right -of -way landscaping shall be maintained by an "LAD" (Landscape
Assessment District). The applicant shall be responsible for costs associated with
establishing the LAD. The owner shall enter into an agreement (to be recorded
with the Final Map) with the City which authorizes the establishment of the LAD.
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Planning Commission Minutes
June 8, 1993 473
1 The LAD will include the privacy wall, landscaping, irrigation and sidewalks within
2 the public right -of -way along Sonoma Mountain Parkway, the landscaping proposed
3 at the entrance to Elizabetta Drive, the landscape areas in the public right -of way at
4 the corner of Elizabetta and Mauro Court, the landscaping and sidewalks within the
5 emergency vehicle access area at the end of Mauro Court, and all the street trees.
6 The LAD will not include other landscaping within the planter strips or the
7 irrigation for the planter strip. The LAD landscaping and irrigation along Sonoma
8 Mountain Parkway, at the entrance to Elizabetta Drive, at the corner of Mauro and
9 Elizabetta and in the emergency vehicle access area will be inspected and
10 considered for acceptance by the LAD one year after installation even if all interior
11 street trees have not been installed. The individual street trees will become the
responsibility of the LAD after they are established (approximately one year after
0 installation). During the first year maintenance of the street tree shall. be the
responsibility of the individual builder /owner.
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12. Architectural drawings for individual homes or groups of homes shall be subject to
administrative SPARC review to determine compliance with the adopted Planned
Unit Development Plan. Any proposed development of one or more lots which
would, in the opinion of the Planning Director, deviate from the intent of the
adopted PUD Plan would require an amendment to the Planned Unit Development
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23 13. The PUD Plan will be subject to review by SPARC with emphasis on the following:
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25 a') retention of existing trees
26 b) written PUD standards
7 c master fencing plan
8 d) strength of the written PUD standards and their ability to direct the nature of
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31 14. The written PUD standards shall be amended as follows prior to submittal for
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34 a) The permitted and conditional uses .on Lot 40 shall be specified in the
35 written standards, subject to approval by the Planning Director. The uses
36 shall be similar to those uses permitted in the "R -1" zoning district with some
37 exceptions for the continuation or expansion of existing uses, similar to uses
38 permitted in the "A" zoning district, such as the housing of domestic farm
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41 b) The permitted and conditional uses permitted on all . other lots shall be
42 specified in the written standards, subject to ,approval by the Planning
43 Director. The uses shall be similar to those uses permitted in the "R -1"
44 zoning district.
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46 c) - Specific setbacks and height restrictions for Lot 40 shall be included in the
47 written PUD standards subject to approval by the Planning Director. These
48 standards shall be similar to those required in the "A" zoning district.
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0 15. Within 60 days after approval of the PUD Plan by ; SPARC the applicant shall be
1 responsible for resubmitting reproducible copies of the :final PUD plan and a final
"2 copy of the written Planned Unit Development standards to the City of Petaluma
- 3 Planning Department.
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474 Planning Commission Minutes June 8, 1993
Tentative Map Conditions
1. The applicant /developer shall. defend, indemnify, and hold harmless the City or any
of its boards, commissions, agents, officers, and employees from any claim, action,
or proceeding against the , City, its boards, commissions, agents, officers, or
employees to attack, set aside, void, or annul, the approval of the tentative /parcel
map when such claim or action is brought within the time period. provided for in .
Section 66499.37. The City shall promptly notify the applicant /developer of any
such claim, action, or proceeding. The City shall coordinate fully in the defense.
Nothing contained in this condition shall prohibit the City from participating in a
defense of any claim, action, or proceeding. if the City bears its own attorney's fees
and costs, and the City defends the action in good faith.
Planning,, Department Conditions:
2. The following conditions of the Planning Department shall be conditions of
Tentative Map approval:
a. Lot 40 must be increased to be at least two acres in size; this change shall be
reflected on the Final Map
b. The emergency vehicle access at the end of Mauro Court shall be dedicated
to the City so that it can be maintained by the LAD which is to be established
for the project.
C. The.lot which is to be developed with a temporary vehicle access turn around
Lot 15) may not be developed until the through road on the adjacent
Liberty Farms and Sonoma Parkway Company) property is constructed. Lot
15 shall remain free from obstruction until that time. The temporary turn
around shall be posted with "No Parking" signs.
d. The project will be subject to the following development fees: Sewer and
Water Connection, Community Facilities, Storm Drain Impact, Park and
Recreation Land Improvement, School Facilities, Traffic mitigation, and In-
Lieu Fees For Provision Of ;Low Income Housing.
e. A notice similar to an agricultural easement shall be recorded with the Final
Map informing buyers of ongoing agricultural uses on f;o-t -49 adjoining
properties and of other surrounding non - residential uses which exist on
properties including the trucking.operations on the Brody parcel to the southwest,
which may.irnpaci their property. The wording of this notice shall be subject
to approval by the city staff.
Engineering Department Conditions:
3. The following conditions from the Director of Engineering shall be conditions of
Tentative Map approval:
a. The proposed relief swale at the end of Mauro Court through proposed Lots
27 and 28 shall be redesigned with the relief flow directed and contained
within the public street or within an adequate overflow channel and
dedicated surface easement to the City.
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Planning Commission Minutes
June 8, 1993 475
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b.
Adequacy of transition from open channel to closed conduit stormwater flow
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(on Lot 12, 16 and 17) shall be verified and approved by Sonoma County
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Water Agency and the City of Petaluma. Engineering Department. If grading
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of this transition cannot . be accomplished within this development, written
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permission (submitted to the City) from the adjacent property owner shall be
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required prior to any work outside this subdivision boundary.
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C.
The applicant shall agree to pay their fair share for improvements
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constructed by the Corona /Ely Special Assessment District #21. This
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method of payment shall be through a benefit assessment district as
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approved by the Petaluma City Council.
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A one -foot non - access easement for all lots fronting Sonoma Mountain
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Parkway, with the exception of the areas adjacent to the emergency vehicular
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access and 100 year storm drain relief swale, shall be dedicated to the City.
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A landscape parking island designed and constructed to City standards shall
be installed in the Mauro Court cul -de -sac.
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If positive lot drainage cannot be obtained, then all backyard drainage
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control shall be within an underground pipe system with surface catchment
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swales and inlets.
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A private storm drain maintenance agreement between lots served by this
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system shall be submitted in a recordable form. This agreement shall also
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specify timing of maintenance and be in a form acceptable to the City staff,
and recorded concurrent with the Final Map.
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h.
The developer shall comply with the Petaluma Municipal Code Section
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10.36.010 and .20.36.020 which require the developer to pay storm drainage
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impact fees (as calculated in Chapter 17.30) on construction in all sections of
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the City of Petaluma.
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The developer's engineer shall verify the adequacy of the. 6 foot by 12 foot
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box culvert to handle the additional storm water flow from the proposed 48-
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inch storm drain pipe to the satisfaction of the Sonoma County Water
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Agency and the Engineering Department.
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This development shall comply with all recommendations as stated in the
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soils report for this project.
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k.
All.prading and erosion control shall conform to the City's Erosion Control
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Ordinance 15.76.
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Signing and striping shall conform to City Standards.
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M.
All overhead utilities fronting or traversing the site, 12KV or less, shall be
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underground.
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All street lights within this development shall have standard metal fixtures
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dedicated. to the City for ownership and maintenance. Prior to City
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acceptance, the developer shall verify all lights meet PG &E's LS2 rating
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system.
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1 0. The streets within this development shall have a structural section to meet a
2 traffic index of 6.0 design requirement as stated in the soils report for this
3 development.
p. Water pressure calculations shall be required for this development verifying
the system adequacy for fire flows and domestic service (this item shall be
verified concurrent with improvement plan review).
q. A 10' PUE shall be dedicated adjacent to the public right -of -way as required
by the utility companies.
r. Section EE as shown on the Tentative Map, Sheet 5, appears to be drawn
incorrectly and must be clarified on the improvement plans. The adjacent
property storm water drains away from this property.
S. In order to grade Lots 12, 16 and 17 as shown on the Tentative Map and in
Section BB (Sheet 5), permission from the adjacent property owner shall be
required.
Fire Marshal Conditions:
4. The following condition from the City Fire Marshal shall be conditions of Tentative
Map approval:
a. All roof covering material shall have a Class "B" rating or better, treated in
accordance with the Uniform Building Code Standard 32.7.
b. All roof covering materials applied as exterior wall covering shall have a fire
rating of Class "B ", treated in accordance with UBC Standard 32 -7, as per
Ordinance 1744 City of Petaluma.
C. Provide fire suppression system at normal sources ' of ignition. These areas
are- specifically at clothes dryers; kitchen stoves, furnaces, water heaters,
fireplaces and in attic areas at vents and chimneys for these appliances and
equipment.
d. Post address at or near main entry door - minim four (4) inch letters.
e. Relocate fire hydrant from P/L on Lots #24 -25 to P/L on Lots #23 -24.
Building Inspection Conditions:
5. The following conditions of the Building department shall be considered conditions
of Tentative Map approval:
a. Grading must be certified when completed to indicate compliance with
approved plans and will be required prior to issuance of a certificate of
occupancy.
b. Soils with expansion index greater than 20 will require special design
foundation per Uniform Building Code 2904(b).
C. Indicate all utilities on building permit application site plan.
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Planning Commission Minutes June 8, 1993
1 d. The responsible party shall sign building permit application plans.
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3 e. The applicant shall submit a soils report with building permit applications so
4 that the City may verify foundation design.
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6 f Building permit application plans must show compliance to 1991 UBC, UPC,
7 UMC, and 1990 NEC. Building Permit plans must also show compliance to
8 current Title 24 Energy Code.
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10 g. A demolition permit is required to remove any structure.
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h. Any abandonment of a water well or septic system must be done under a
permit from the Sonoma County Public Health Department.
L The Improvement Plans must show details of all drainage swales.
Police Department Conditions:
6. The following conditions of the Police Department shall be conditions of Tentative
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22 a. All exterior doors (except for sliding glass doors) shall have deadbolts.
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24 b. Any exterior plants shall not cover any windows.
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c. All houses shall have lighted numbers easily visible from the street.
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8 d. Rearyard A-ny gates shall have latches low enough that they cannot be opened
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9 from the exterior by reaching over the top of the gate.
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31 Mitigation Measures
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33 7. The following Mitigation Measures not addressed by other conditions of PUD or
34 Tentative Subdivision Map approval), adopted with the Corona Ely Specific Plan
35 shall be conditions of Tentative Map approval:
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37 A. The developer is responsible for the cost of extending a new sewer line into
38 the project from the new common main.
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40 b. The developer shall be responsible for the installation of the privacy wall
41 along the property's Sonoma Mountain Parkway frontage. The wall shall be
42 at least six feet high and constructed to the specifications of the Sonoma
43 Mountain Parkway Design Guidelines. An acoustical report must be
44 submitted to the Planning Department prior to final approval by SPARC and
45 prior to Final Map approval, to determine whether or not any special noise
46 attenuation improvements will be required and whether or not returns at the
47 ends of the wall will be needed. Any recommendations identified in the
48 acoustical report shall be considered conditions of project approval subject to
49 review by City Staff. The plans for the wall and any proposed improvements
0 along the Sonoma Mountain Parkway frontage, shall be subject to approval
1 by SPARC prior to submittal of the Final Map. The developer shall be
'2 responsible for the cost of a noise analysis and will be responsible for
3 providing improvement plans for the Sonoma Mountain Parkway frontage.
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June 8, 1993
Improvement Plans for Sonoma Mountain Parkway frontage must be
submitted prior to or concurrent with the Final Map application.
C. Public Improvement Econstruction shall be designed to occur during the dry
months of the year, and adequate erosion control shall be used. The
developer- shall implement construction period dust control measures such as
water sprinkling, proper scheduling of major dust generating activities, and
storage pile covering.
d. In the event that archaeological remains are encountered during grading,
work shall be halted temporarily and a qualified archaeologist shall be
consulted for. evaluation of the artifacts and to recommend future action.
The local Indian community shall also be notified and consulted in the event
any archaeological remains are uncovered.
PLANNING MATTERS
III. CITY OF PETALUMA, PARKS AND RECREATION CIP- GENERAL PLAN
CONSISTENCY.
Consideration of 'Parks and Recreation Department's 1993 -1997 Capital
Improvement Plan for consistency with the City's General Plan.
DISCUSSION:
Principal Planner Kurt Yeiter - presented the staff report.
Jim Carr Parks and Recreation Director - The Prince bequeath was up to $3.2 million to
create and maintain Prince Park.
A motion was made by Commissioner Bennett and seconded by Commissioner Torliatt to
find that the Parks and Recreation Department CIP for Fiscal Years 1993 -1997 conforms
to,. furthers the interests of; and helps'implement the goals, objectives and programs of the
General Plan.
COMMISSIONER READ: Yes .
COMMISSIONER BENNETT: Yes
COMMISSIONER RAHMAN: Yes
CHAIRMAN PARKERSON: Yes
COMMISSIONER TORLIATT: Yes
COMMISSIONER THOMPSON: Yes
COMMISSIONER TARR: Yes
PROJECT STATUS
1. Country West Shopping Center - Project changes were approved by SPARC.
ADJOURNMENT 9:10 PM.
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