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HomeMy WebLinkAboutResolution 2020-031 N.C.S. 02/24/2020Resolution No. 2020-031 N.C.S. of the City of Petaluma, California RESOLUTION OF THE PETALUMA CITY COUNCIL APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR CORONA STATION RESIDENTIAL PROJECT LOCATED AT 890 NORTH MCDOWELL BOULEVARD APN 137-061-019 File No.: PLMA —18-0006 WHEREAS, Todd Kurtin with Lomas Corona Station LLC submitted an application for the Corona Station Residential Project, including a Zoning Text Amendment, Development Agreement, Density Bonus and Development Concession/Incentive, Tentative Subdivision Map, Conditional Use Permit and Site Plan and Architectural Review for a 110 unit residential project within the MU1B zone with Flood Plain -Combining (FP -C) Overlay, located on a 6.5 -acre site at 890 North McDowell Boulevard (APN 137-061-019) (the "Project"); and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project, on November 12, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, at said hearing, the Planning Commission considered the staff report dated November 12, 2019, including the Mitigated Negative Declaration and continued the item to a date certain of November 19, 2019; and WHEREAS, the Planning Commission found the overall project inconsistent with key policies in the General Plan and Station Area Master Plan calling for a mixed use transit oriented development to enhance and facilitate the second SMART station and therefore approved Resolution No. 2019-20 recommending denial of the tentative subdivision map; and WHEREAS, the Corona Station Residential Tentative Subdivision Map is subject to Title 20 (Subdivisions) of the Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act, which regulate the design and improvement of the proposed subdivision; and WHEREAS, as described in the staff report, the Corona Station Residential vesting tentative subdivision map proposes to subdivide the project site into 110 single family lots, two common interest parcels, and one remainder parcel; and WHEREAS, the proposed tentative map illustrates the overall site layout, proposed roadway improvements, utility plans (water, sewer, and wastewater), grading plans, and stormwater treatment plans, among other improvements; and WHEREAS, the City Council held duly noticed public hearings to consider the project on January 27, 2019 and February 24, 2020, at which time they considered the Planning Commission's recommendation and all interested parties had the opportunity to be heard; and WHEREAS, as discussed in the November 12, 2019 Planning Commission staff report, the proposed tentative subdivision map is consistent with the Petaluma General Plan 2025, the Station Area Master Plan, and applicable provisions in the Implementing Zoning Ordinance. Resolution No. 2020-031 N.C.S. Page 1 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. An Initial Study was prepared in compliance with the California Environmental Quality Act for the proposed project, inclusive of the proposed zoning text amendments. It was determined that the proposed project could result in potentially significant impacts related to Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions, Hazards, Hydrology, Noise, and Utilities. However, the Initial Study found that project impacts would be mitigated to a less -than -significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. The City Council approved Resolution No. 2020-029 N.C.S. on February 24, 2020 approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. 2. The City Council hereby approves the Vesting Tentative Subdivision Map for the Project based on the findings made below and subject to the conditions of approval attached as Exhibit 1 hereto and incorporated herein by reference: A. The proposed Subdivision Map, as conditioned, is consistent with the General Plan in that it is on property designated for Mixed use on the General Plan Land Use Map with a density range up to 30 units per net acre. B. The proposed tentative map as designed and conditioned, together with provisions for its design and improvements, is consistent with the General Plan and the Station Area Master Plan in that the project has a density of 26 dwelling units per net acre and creates a 1.27 -acre remainder parcel for dedication to SMART and to facilitate construction of the Corona Road SMART station. The map will not be detrimental to the public health, safety, or welfare in that adequate public facilities exist or will be installed, including roads, sidewalks, water, sewer, storm drains, and other infrastructure. C. The site is physically suitable for the density and the type of development proposed in that it a relatively flat, undeveloped lot within the Urban Growth Boundary with direct access to North McDowell Boulevard and Corona Road and adjacent to the future Corona Road SMART station that will serve to use land efficiently and promote infill at a residential density consistent with the vision of the General Plan. Proposed residential density is 26 units per net acre, consistent with the Mixed Use land use designation. D. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat in that the Mitigated Negative Declaration provided mitigation measures to reduce identified potential impacts on environmental resources to less than significant levels. All identified mitigation measures are included as conditions of approval to ensure implementation through the project. E. The design of the subdivision and the types of improvements are not likely to cause serious public health problems in that the project proposes a residential development on approximately 5.2 gross acres and reservation of a 1.27 -acre remainder parcel for parking associated with the future SMART station, and incorporation of circulation improvements to increase connectivity for vehicles, pedestrians, and bicycles. Resolution No. 2020-031 N.C.S. Page 2 F. The design of the subdivision and the residential improvements in the subdivision are not likely to cause serious public health problems in that the project will be not expose inhabitants of the homes to any known hazards. G. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that the project is proposing a network of private streets that will connect to the City's existing street network, including provisions for emergency vehicle access. Existing easements will be preserved or realigned to mesh with the subdivision design. H. The proposed Corona Station Residential Project vesting tentative subdivision map complies with the requirements of Chapter 20.16, Tentative Subdivision Map, of the Subdivision Ordinance and with the Subdivision Map Act as further described in the staff report. 3. Approval by the SMART Board and the City Council of an agreement between SMART and the City obligating SMART to design and build a second Petaluma SMART station at the corner of McDowell Boulevard and Corona Road shall be a condition precedent to this resolution taking effect. Absent such approval by the SMART Board and the City Council, this resolution shall be of no force or effect. In addition, this resolution will be of no force and effect unless and until the Ordinance Upholding the Appeal Filed by Lomas -Corona LLC, Overturning the Planning Commission's Denial, and Amending the Text of the Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Table 4.3, Ordinance 2721 N.C.S. takes effect. Upon approval by the SMART Board and the City Council of an agreement between SMART and the City obligating SMART to design and build a second Petaluma SMART station at the corner of McDowell Boulevard and Corona Road, and upon Ordinance 2721 N.C.S taking effect, this resolution will take effect, without further action of the City Council. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the p •o� ed as to Council of the City of Petaluma at a Regular meeting on the 241h day of February form: 2020, by the following vote: Ci Attorney AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk Mayor Resolution No. 2020-031 N.C.S. Page 3 Exhibit 1 CONDITIONS OF APPROVAL Corona Station Residential Project Project File No. PLMA 18-0006 February 24, 2020 PLANNING DIVISION 1. Approval of the Vesting Tentative Subdivision Map is contingent upon the City Council's approval of the associated Zoning Text Amendment, Development Agreement, and Density Bonus for the Project and subsequent Planning Commission approval of the associated Conditional Use Permit and Site Plan and Architectural Review. 2. The Conditions of Approval and Mitigation Measures shall be listed on the first sheet of the office and job site copies for all building permit plans prior to issuance. 3. The plans submitted for final map review shall be in substantial compliance with the plans date stamped December 4, 2019, except as modified by these Conditions of Approval. 4. The applicant shall pay the Notice of Determination ("NOD") Clerk's fee to the Planning Division. The applicant shall provide a $50.00 check made payable to the Sonoma County Cleric. Planning staff will file the Notice of Determination with the County Clerk's office. The applicant shall also provide a check for the State Department of Fish and Wildlife environmental filing fee (as required under Fish and Wildlife Code Section 711.4d) to the Sonoma County Clerk on or before the filing of the Notice of Determination (as of January 1, 2020, the fee is $2,406.75; contact the Clerk's office at (707) 944-5500 to confirm). 5. No building permits shall be issued for any buildings on the site until a Final Map has been approved and recorded and a Conditional Use Permit and Site Plan and Architectural Review is approved by the Planning Commission. 6. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the maximum extent permitted by Government Code section 66477.9. To the extent permitted by Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66477.9. 7. The applicant shall be subject to any applicable fees in affect at time of building permit issuance. Said fees are due at time of certificate of occupancy, other pertinent fees that are applicable to the proposed project will be required. Resolution No. 2020-031 N.C.S. Page 4 8. All standpipes, check valves and other utilities shall be placed underground or fully screened from view by decorative screening structures or landscaping to be reviewed and approved by the Planning Manager. 9. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma's Subdivision Ordinance (#1046, Title 20, Chapter 20.04 of the Petaluma Municipal Code). An erosion and sediment control plan will be required for the subdivision grading plans. The proposed subdivision grading and subsequent development phases that are over one acre in size will be required to prepare a SWPPP in accordance with City and State regulations, and all future development will be subject to City grading and erosion control regulations. 10. Consistent with IZO Section 3.040, Program 4.3 of the 2015-2023 Housing Element, and provisions of the approved Development Agreement for the project, the applicant shall develop no less than 17 on-site dwelling units affordable for at least 99 years to low- and moderate -income households. The affordable units shall be constructed concurrently with the market -rate units and shall be consistent with the terms of the Density Bonus Agreement as approved by the City Council. 11. Consistent with the approved Development Agreement, the project shall be built as an all electric project without any new gas infrastructure. Each residential unit shall be built with photovoltaic and electrical vehicle charging stations. 12. In the event that human remains are uncovered during earthmoving activities, all construction excavation activities shall be suspended, and the following measures shall be undertaken: a. The Sonoma County Coroner shall be contacted. b. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. c. The project sponsor shall retain a City -approved qualified archaeologist to provide adequate inspection, recommendations and retrieval, if appropriate. d. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American and shall contact such descendant in accordance with state law. e. The project sponsor shall be responsible for ensuring that human remains and associated grave goods are reburied with appropriate dignity at a place and process suitable to the most likely descendent. Mitigation Measures 13. AQ -1: The applicant shall incorporate the Best Management Practices (BMPs) for construction into the construction and improvement plans and clearly indicate these provisions in the specifications. In addition, an erosion control program shall be prepared and submitted to the City of Petaluma prior to any construction activity. BMPs shall include but not be limited to the BAAQMD Basic Construction Mitigation Measures as modified below: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day. • All haul trucks transporting soil, sand, or other loose material shall be covered. • All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 mph. Resolution No. 2020-031 N.C.S. Page 5 • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Construction equipment staging shall occur as far as possible from existing sensitive receptors. • The Developer shall designate a person with authority to require increased watering to monitor the dust and erosion control program and provide name and phone number to the City prior to issuance of grading permits. Post a publicly visible sign with the telephone number of designated person and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 14. AQ -2: To reduce potential impacts to air quality during construction, the project shall develop and implement a plan demonstrating that off-road equipment used on-site to construct the project would achieve a fleet -wide average 45 percent reduction, or more, in diesel particulate matter exhaust emissions. Examples of how to achieve this reduction may include but is not limited to a combination of the following: • Diesel -powered off-road equipment larger than 25 horsepower operating on-site for more than two days continuously shall at a minimum meet U.S. EPA particulate matter emissions standards for Tier 2 engines that include CARB-certified Level 3 Diesel Particulate Filters or equivalent.1 Equipment that meets U.S. EPA Tier 3 standards with DPF 3 filters for particulate matter or engines meeting Tier 4 particulate matter standards would meet this requirement. • All diesel -powered off-road equipment, larger than 25 horsepower, operating on the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 2 engines. • Line power would be provided to limit the use of any portable diesel -powered equipment to 20 hours (e.g., generators, compressors, welders, etc.). • Use of construction equipment that is alternatively -fueled (non -diesel). • The simultaneous occurrence of excavation, grading, and ground -disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time. • Minimize the idling time of diesel powered construction equipment to two minutes. • All construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOx and PM. • Require all contractors use equipment that meets CARB's most recent certification standard for off-road heavy duty diesel engines. 1 http•//www.arb.ca.gov/diesel/"verdev/vt/cvt.htm Resolution No. 2020-031 N.C.S. Page 6 15. BI0-1: In order to avoid impacts to special -status avian species and other birds protected under the Migratory Bird Treaty Act, site preparation activities, including the removal of trees and building demolition, should occur outside of the bird -nesting season between September 1st and January 31st. If vegetation removal or construction begins between February 1st and August 31st, preconstruction surveys including call sounds shall be conducted by a qualified biologist within 7 days and up to 14 days prior to such activities to determine absence or the presence and location of nesting bird species. The nesting survey shall include the examination of all trees within 200 feet of the project site, or as otherwise determined by a qualified ornithologist, including those not identified for removal. If active nests are present, temporary protective breeding season buffers shall be established by a qualified biologist in order to avoid direct or indirect mortality or disruption of these birds, nests or young. The appropriate buffer distance is dependent on the species, surrounding vegetation and topography and will be determined by a qualified biologist to prevent nest abandonment and direct mortality during construction. Buffers may be larger for special -status species. Work may proceed if no active nests are found during surveys or when the young have fledged a nest or the nest is determined to be no longer active. 16. CUL -1: If during the course of ground disturbing activities, including, but not limited to excavation, grading and construction, a potentially significant prehistoric or historic resource is encountered, all work within a 100 -foot radius of the find shall be suspended for a time deemed sufficient for a qualified and city -approved cultural resource specialist to adequately evaluate and determine significance of the discovered resource and provide treatment recommendations. Should a significant archeological resource be identified a qualified archaeologist shall prepare a resource mitigation plan and monitoring program to be carried out during all construction activities. Prehistoric archaeological site indicators include: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire affected stones. Historic period site indicators generally include: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps). 17. GEO-1: As determined by the City Engineer and/or Chief Building Official, all recommendations outlined in the Geotechnical Investigation dated August 28, 2018, prepared by Stevens, Ferrone & Bailey, Engineering Company, Inc., including but not limited to, site preparation and grading, excavation, seismic design, foundation design, and sound wall design are herein incorporated by reference and shall be adhered to in order to ensure that appropriate construction measures are incorporated into the design of the project. Nothing in this mitigation measure shall preclude the City Engineer and/or Chief Building Official from requiring additional information to determine compliance with applicable standards. The geotechnical engineer shall inspect the construction work and shall certify to the City, prior to issuance of a certificate of occupancy that the improvements have been constructed in accordance with the geotechnical specifications. 18. GEO-2: Prior to issuance of a grading permit, an erosion control plan along with grading and drainage plans shall be submitted to the City Engineer for review. All earthwork, grading, trenching, backfilling, and compaction operations shall be conducted in accordance with the City of Petaluma's Grading and Erosion Control Ordinance #1576, Title 17, Chapter 17.31 of the Petaluma Municipal Code. These plans shall detail erosion control measures such as site watering, sediment capture, equipment staging and laydown pad, and other erosion control measures to be implemented during construction activity on the project site. Resolution No. 2020-031 N.C.S. Page 7 19. GHG-1: A GHG reduction plan shall be developed and demonstrate that GHG emission from the operation of the project would be reduced, such that the project would have GHG emissions not exceeding 660 MT of CO2e/ year or 2.8 MT/capita/year in 2030. Elements of this plan may include the following: • Installation of solar power systems or other renewable electric generating systems that provide electricity to power on-site equipment and possibly provide excess electric power; • Provide infrastructure for electric vehicle charging in residential units (i.e., provide 220 VAC power) • Develop and implement a transportation demand management (TDM) program to reduce mobile GHG emissions; • Incorporate pedestrian and bicycle circulation features; • Increase water conservation above State average conditions for residential uses; • Construct onsite or fund off-site carbon sequestration projects such as a forestry or wetlands projects for which inventory and reporting protocols have been adopted. If the project develops an off-site project, it must be registered with the Climate Action Reserve or otherwise approved by the BAAQMD in order to be used to offset Project emissions; • Purchase of carbon credits to offset Project annual emissions. Carbon offset credits must be verified and registered with The Climate Registry, the Climate Action Reserve, or another source approved by the California Air Resources Board or BAAQMD. The preference for offset carbon credit purchases include those that can be achieved as follows: 1) within the City; 2) within the San Francisco Bay Area Air Basin; 3) within the State of California; then 4) elsewhere in the United States. Provisions of evidence of payments, and funding of an escrow -type account or endowment fund would be overseen by the County. 20. HAZ-1: Prepare and implement a Risk Management Plan and Health and Safety Plan that protects construction workers and provides the procedures to properly manage contaminated soil and groundwater that may be encountered during construction activities. The Plan shall address procedures for discovery of any known or unknown features or environmental conditions that may be encountered during construction activities and proper disposal methods for contaminated materials. The Plan shall include, but not be limited to the following components: Verification of Compliance: Prior to issuance of a grading permit, the applicant shall submit for review and approval by the City of Petaluma, written verification that the appropriate federal, state or county oversight authorities, including but not limited to the RWQCB and/or the Sonoma County Department of Health Services, have granted all required clearances and confirmed that all applicable standards, regulations and conditions for all previous contamination at the project site. Soil management: Provide guidelines for identification and analysis of known (per Phase I ESA and Phase lI ESA prepared by Pinnacle Environmental, Inc.) and unknown environmental conditions and define responsibilities for management of discovery of known and unknown features or site conditions. Groundwater management: Groundwater encountered during construction shall be contained onsite in a secure and safe manner, prior to treatment and disposal, to ensure environmental and health issues are resolved pursuant to applicable laws and policies of the City of Petaluma, the RWQCB and/or Sonoma County Department of Health Services. Engineering controls shall be utilized, which include impermeable barriers to prohibit groundwater and vapor intrusion into buildings. Prohibit use of groundwater encountered Resolution No. 2020-031 N.C.S. Page 8 during construction activities for dust control and allow discharge of groundwater to surface waters only pursuant to a permit issued from applicable regulatory agencies. All permit conditions must be satisfied prior to discharge. Health and Safety plan: Preparation and implementation of a site-specific Environmental Health and Safety Plan by the general contractor to ensure that appropriate worker health and safety measures are in place during construction activities. Elements of the plan must include all practices and procedures necessary to comply with all new and existing Federal, California, and local statutes, ordinances, or regulations regarding health and safety. Specific components of the Plan must include the following: o Identification of site hazards potential hazardous substances/materials that could be encountered, including potential odors associated with hazardous substances/materials; o Assignment of specific health and safety responsibilities for site work; o Establishment of appropriate general work practices; o Establishment of control zones and decontamination procedures; o Job hazard analysis / hazard mitigation procedures; o Required personal protective and related safety equipment; and o Contingency and emergency information. • Proper Removal of Buried Equipment: Any buried holding tanks including septic systems shall be properly decommissioned in accordance with applicable regulations established by the County of Sonoma. Removal of underground tanks shall be immediately followed by backfill in accordance with Engineering recommendations. Materials shall be properly disposed of at permitted facilities. 21. HYDRO -l: Following construction of the residential buildings within the FP -C (Flood Plain — Combining District), and prior to occupancy, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. As determined to be appropriate by the Floodplain Administered, the following standards may also be required: • All new improvements shall be anchored to present flotation, collapse, or lateral movement. • All new improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices to minimize flood damage. • All electrical, heating, air conditioning, ventilation, and plumbing shall be designed and located to prevent water from entering or accumulating within components during flooding. • All new construction and improvements shall insure that fully enclosed areas below the lowest floor that are subject to flooding be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. A minimum of two opening not less than one square inch for every square foot of enclosed area shall be provided. 22. N0I-1: The following Best Construction Management Practices shall be implemented to reduce construction noise levels emanating from the site, limit construction hours, and minimize disruption and annoyance: Limit construction hours to between 7:00 a.m. and 7:00 p.m., Monday through Friday and between 9:00 a.m. and 7:00 p.m. on Saturday, Sunday and State, Federal and Local Holidays. Resolution No. 2020-031 N.C.S. Page 9 • Delivery of materials and equipment to the site and truck traffic coming to and from the site is restricted to the same construction hours specified above. • Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Unnecessary idling of internal combustion engines shall be strictly prohibited. • Locate stationary noise -generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors. • Acoustically shield stationary equipment located near residential receivers with temporary noise barriers. • Utilize "quiet" air compressors and other stationary noise sources where technology exists. • Construction staging areas shall be established at locations that will create the greatest distance between the construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction activities. • Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from existing residences. • Control noise from construction workers' radios to a point where they are not audible at existing residences bordering the project site. • The contractor shall prepare a detailed construction schedule for major noise -generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. • Notify all adjacent residences (within 500 feet of the project site) of the construction schedule, in writing, and provide a written schedule of "noisy" construction activities to the adjacent land uses. • Designate a "disturbance coordinator" who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include in it the notice sent to neighbors regarding the construction schedule. 23. N0I-2: To reduce noise levels in the side yards of the eight Type II Zero Lot Line homes facing North McDowell Blvd to a CNEL of 60 dBA, a barrier with a minimum top of wall elevation of seven (7) feet above yard grade level on the side yard of the Zero Lot Line homes along North McDowell Blvd shall be incorporated into the project design. To ensure effectiveness, the noise barrier walls shall be built without cracks or gaps in the face, and shall not have large or continuous gaps at the base, or where they adjoin the homes or each other. The walls should also have a minimum surface weight of 3.0 lbs. per square foot. Small, dispersed, gaps in the base of the walls for landscape irrigation or drainage which do not compose more than 0.5% of the wall area are acceptable. 24. N0I-3: In order to comply with noise compatibility standards, the project shall incorporate the following: Resolution No. 2020-031 N.C.S. Page 10 ® Provide forced air mechanical ventilation, satisfactory to the local building official, in all residences with partial or full line of sight to North McDowell Blvd. traffic. ® To maintain interior noise levels at or below 45 dBA CNEL, provide sound -rated windows and doors at Type I and Type II residences facing or perpendicular to North McDowell Boulevard. The degree of sound mitigation needed to achieve an interior CNEL of 45 dBA or less would vary depending on the final design of the building (relative window area to wall area) and the design of the exterior wall assemblies. However, based on the future exterior noise levels and typical residential construction, it is anticipated that windows and doors facing or with a view of North McDowell Boulevard may require STC ratings of between 28 and 30. ® The specific determination of exterior wall assemblies and window/door STC ratings should be conducted on a unit -by -unit basis during the project design. The results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City along with the building plans and approved prior to issuance of a building permit. 25. NOI-4: Install windows with STC ratings of between 28 and 32 for residences adjacent to the rail line to reduce interior maximum levels resulting from train engine noise to the recommended 55 dBA Lmax30 interior levels. 26. TRAF-1: Existing landscaping on the median island within the North McDowell Boulevard and within the line sight of the eastern driveway, shall be modified to achieve adequate sight lines where left -turn egress would be allowed. Landscaping modification would include removal of bushes and shrubs between the trees as well as a reduction in the height of the berm on the median. Additionally, new landscaping and signage introduced by the project shall be installed in locations and maintained in a manner that does not further introduce sight line conflicts at project driveways. 27. UTIL-1: Prior to issuance of a grading permit, a Final Hydrology and Hydraulic Study shall be prepared to confirm that the proposed combination of site grading, routing of onsite storm water pipe facilities and storm water treatment systems continue to mitigate increases in calculated peak flows to the individual points of concentration around the site, to at or below pre -project conditions. PUBLIC WORKS AND UTILITIES Frontage Improvements 28. Construct frontage improvements along N. McDowell Boulevard and Corona Road as shown on the draft final map submitted by the applicant and as required or modified by these conditions of approval. 29. Construct a new concrete pavement transit stop/pullout on northbound N. McDowell Blvd. in the general location shown on the tentative map. The dimensions of the turnout shall be designed to accommodate a 45' regional coach bus entering/exiting the pullout. Transit will provide bus specifications as needed. Bus turning movements shall be shown on drawings. 30. Provide a concrete pad and bus shelter adjacent to the turnout with location and size to be approved by Transit Manager and City Engineer. Install a signpost to be installed near north end of bus stop area, for a bus stop sign and no parking sign. Bus shelter to be Tolar Mfg. — city standard shelter, with two shelter benches two full-size Tolar refuse cans (one recycle, one trash), and two inverted -U bike racks (galvanized and powder coated steel). All items are to be placed on concrete passenger wait pad adjacent to the bus pull-out. Hardwired electrical facilities shall be installed for the stop. Resolution No. 2020-031 N.C.S. Page 11 31. At end of subdivision construction, minimum pavement restoration of a 1/2 half street 2 -inch pavement grind and overlay shall be constructed on N. McDowell Blvd along the project frontage, from the south project limits to the intersection of Corona. Additional restoration work may be required on Corona depending on extent of disturbance and damage to surface from construction activities. Improvement plans to include all median repairs, tree removal, and median restoration. 32. Prior to the issuance of the first building permit for a residential structure, the applicant shall pay a fair share contribution to the City towards pedestrian crossing improvements at the Corona Road railroad grade crossing. The city shall coordinate design requirements with Sonoma Marin Area Rail Transit and provide a preliminary cost estimate of the improvements. The fair share shall be based on the number of residential units within the project area and within a 1/2 mile radius of the future train station site, east of the railroad tracks. 33. Prior to the issuance of the first building permit for a residential structure, the applicant shall pay a fair share contribution to the City towards of the cost of SMART railroad pre-emption. Preliminary estimate for applicant's proportional share is 4.7% as put forth in the Traffic Impact Study. The prorata estimate calculation is to be approved by the City Engineer. 34. Reconfiguration of the westbound approach to left turn lane queue on Corona approaching PBN will be required to reduce queue to an acceptable length. The reconfiguration shall be designed with a shared left-turn/through lane consistent with Traffic Impact Study recommendation subject to approval by Sonoma County Public Works (this portion of road is outside of the city limits. 35. The existing sidewalk along the Corona frontage shall be extended to and aligned with the existing sidewalk on the eastern side of the railroad tracks. The City is to coordinate with SMART and the applicant to assure accommodations for SMART & CPUC grade crossing safety standards and compliance. 36. All portions of existing broken, displaced, cracked and/or settled City sidewalk, curb and gutter along the Corona Road frontage shall be removed and replaced with City standard sidewalk, curb and gutter. 37. Frontage improvements shall include new sidewalk and new ADA ramps to Corona Road on all four points of the intersection. All pedestrian ramps shall meet current City requirements and accessibility standards. 38. Per City of Petaluma Public Works & Utilities Street Standard Guidelines (201.1): Arterial street sidewalks shall be a minimum of 6 feet in width (N. McDowell) and minimum 5 feet width for all residential. 39. Striping and signage shall be required per City specifications. Thermoplastic striping shall be required for all street striping. Grading 40. Grading shall conform to the project geotechnical investigation report submitted with the tentative map application and the geotechnical report prepared as part of the construction documents. 41. Any existing structures above or below ground shall be removed if not a part of the new subdivision. Structures shall include, but shall not be limited to buildings, concrete pads, fences, retaining walls, pipes, debris, etc. Resolution No. 2020-031 N.C.S. Page 12 Streets 42. All streets within the subdivision shall be privately owned and maintained with public access and public utility easements as shown on the tentative map, dedicated to the City of Petaluma. 43. The private streets shall generally be constructed as shown on the draft final map, including conforms to N. McDowell Boulevard; 20 -feet wide with two 10 -foot travels lanes, as well as 5 ft sidewalks on both sides of the street, and 8 ft. parallel parking spaces where shown. 44. Surface drainage shall not be allowed to flow across the public sidewalk and shall be collected and directed to a storm drain system. 45. A minimum 2 -inch grind and AC overlay will be required on all utility cuts along the length of the trench, for a minimum of 1/2 the street width within N. McDowell Blvd, Corona Road or other existing affected City streets. 46. All private interior street improvements shall be designed and constructed to City standards with a minimum pavement section of 4 -inches of asphalt concrete over 12 -inches of class 2 aggregate base. The minimum longitudinal gutter slope is 0.5% per City standards. All other street related improvements such as sidewalk, curb, gutter, signage, striping, etc. shall be designed and constructed to City standards. 47. Street lights in the interior streets shall be publicly owned and operated, and installed per City standards. LED streetlight fixtures shall be installed. The City will provide the developer the LED specification prior to submittal of the final map and improvement plans. Final street light locations shall be determined at the time of improvement plan review and approval. Pull boxes and electrical conduits shall be installed per City requirements. 48. "No parking" signs and red curbs shall be installed on curved sections of interior streets and on all curb returns. 49. Crosswalks shall be installed between all pedestrian ramps. A stop sign and legend shall be installed at all interior street intersections per City requirements. 50. All improvement work shall be completed prior to issuance of a final inspection/certificate of occupancy for the last 20% percent of units. 51. Traffic control plans are required for all stages of construction and shall be per latest Manual on Uniform Traffic Control Devices (MUTCD) standards. 52. To achieve adequate sight lines where left -turn egress would be allowed, landscaping modification and maintenance at the median is necessary. Bushes and shrubs shall be removed between the trees and the height of the berm on the median shall be reduced. New Signing and landscaping should be placed and maintained in a way to avoid reducing sight lines from the driveways. 53. The existing N McDowell median island and center striping should be modified as necessary to provide a left -turn pocket with at least 50 feet of stacking space for access to the project's southernmost driveway. Miscellaneous Bicycle and Pedestrian 54. Add bicycle path connection access point at Michael Drive (northside) for a total of five. 55. Assure all driveway crossings and ADA ramps are compliant with the Bicycle & Pedestrian Plan. (reference pg. 57) 56. Provide wayfinding signage on North McDowell Boulevard to direct to multiuse path access points. Resolution No. 2020-031 N.C.S. Page 13 57. Provide an elevated or multi -use bike/ped path to provide buffer from N. McDowell vehicle traffic. One acceptable option is to provide a wider sidewalk that could be used as a multi -use pathway for both two-way bike travel and pedestrian (min 10 ft width), with path separated from traffic lane. 58. Provide benches along Corona Creek. Bench specification to be approved by planning staff. 59. Extend multi -use trail/sidewalk along N. McDowell to the south adjacent to city property and ending at SMART crossing. 60. Bike racks shall be provided in common areas. Bike rack quantity and design to be reviewed and approved by planning staff. Water, Sanitary Sewer and Storm Drain Systems 61. Show all existing utility mains on frontage streets on Existing conditions map and Utility Plans. 62. All utilities to be constructed with city Standard Details current/published at time of construction. 63. Bioretention or private storm water treatment facilities shall be outside of the public right of way and outside the exclusive public watermain easement. 64. The storm drain system shall generally be constructed as shown on the tentative map. All proposed storm drain lines located on private property shall be privately owned and maintained. The storm drain system design shall be reviewed and approved by the Sonoma County Water Agency prior to approval of the final map and subdivision improvement plans. Submit final construction level hydrology calculations with the final map and the subdivision improvement plan application. 65. Prior to issuance of a building permit, an operations and maintenance manual is required for the proposed storm water treatment systems, and shall be submitted with the final map and improvement plan application for review and approval by the City Engineer. The manual shall include annual inspection, by a Civil Engineer registered in the State of California, to ensure the detention and treatment systems are operating as designed and constructed as well as provisions to make any necessary repairs to the system. A signed and sealed copy of the report shall be provided annually to the Office of the City Engineer. 66. Prior to acceptance of the public improvements, the developer shall enter into a Storm Water Quality Treatment Facility Access and Maintenance Agreement/Declaration with the City of Petaluma, subject to City approval. The agreement shall include language that the subsequent entity responsible for maintenance shall comply with terms of the agreement in perpetuity. The agreement shall be recorded. 67. Erosion control and water quality control measures shall be employed throughout the construction life of the project. The necessary documentation including Notice of Intent, Storm Water Pollution Prevention Plan (SWPPP) and Notice of Termination shall be filed as required by the responsible agencies. The project shall comply with the City of Petaluma Phase II Storm Water Management Plan including attachment four post construction requirements. 68. No lot -to -lot drainage is allowed without drainage easements, subject to the approval of the City Engineer. 69. The water main system shall generally be constructed as shown on the tentative map and be capable of delivering a continuous fire flow as required by the Fire Marshal. Provide final, construction level water system flow and pressure calculations with the subdivision improvement plan and final map submittal. All new water service lines and meters shall be Resolution No. 2020-031 N.C.S. Page 14 sized and installed in accordance with Petaluma Public Works Water Standards. Water meters shall be located within public easements and shall be placed outside of vehicle paved area wherever possible. No meters permitted in driveways. Cluster meters shall use Std Detail #888.00. Show all double check locations on improvement plans. Water mains will not extend down Courts A, B, And C. Meter clusters shall be at Accessway J. 70. Survey datum for public water main improvements shall be NAVD 88. At time of final map, the Public Water Main plan and profile shall be submitted for approval separate from the building permit plans per current City Standards. 71. All water main valves shall be located at curb extensions. 72. Landscaping in public utility easements shall be limited to ground cover and shallow rooted, low lying shrubs. Trees are not allowed. 73. Provide landscape meter locations and size. Backflows per City Standards 74. All existing water and sewer connections shall be abandoned per City Standards. All existing water laterals shall have full circle clamps at main. 75. End of line water mains shall have hydrants and not blow -offs. 76. Draft joint trench plans are required with the public improvement plan submittal. PG&E approval of the joint trench plans is required prior to the start of any construction. 77. The sanitary sewer and storm drain system shall generally be constructed as shown on the tentative map. Label all onsite sewer and storm as private and privately maintained. The only public utility onsite shall be the water main. Minimum water main size is 8 inches. Provide exclusive 15 -foot public water main easement for on-site water. The exclusive public water line easement shall include fire hydrants and meter sets. No trees shall be planted in easement. 78. Show the Sonoma County Water Agency (Sonoma Water) sewer force main in the profile view on sheets C3.3 and Sheet C3.4. Sonoma Water shall approve all crossing of the sewer force main or improvements within 10 feet of the force main. The Public water main crossing the force main shall have two feet vertical clearance and be encased in a 20 -foot encasement pipe centered on the force main. Fire hydrants installed on N McDowell are too close to the sewer force main and shall have a 10 -foot separation to force main and 5 -foot separation to the storm drain. 79. Plug to existing 8 -inch sewer lateral shown on C3.3 not intended to be used. Abandon the existing lateral per City Standards. Flood Management 80. Prior to approval of the Public Improvement Plans, a Final hydrology report shall be submitted to demonstrate that proposed grading, drainage, retention and storm facilities are in compliance with the City of Petaluma Floodplain Regulations in the Flood Ordinance (Chapter 6) of the City of Petaluma Implementing Zoning Ordinance. Development measures for the construction, location, conversion, or alteration of any land contained within FEMA designated flood hazard zones must adhere to the standards for fill placement and construction elevation set forth in the ordinance and assure that it will not increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite. 81. The project shall comply with the Sonoma County Water Agency (SCWA) Flood Control Design Criteria for the design and construction of drainage structures and facilities within the City. Proposed projects are subject to review by the SCWA and City. Resolution No. 2020-031 N.C.S. Page 15 Right of Way and Easements 82. All necessary right of ways and easements shall be dedicated on the final map corresponding to the architectural site and access plans, subject to City approval. 83. Public access easements for the proposed bicycle and pedestrian pathways shall be dedicated on the final map, corresponding to the architectural site and access plans, subject to City approval. 84. Public utility easements (PUE) shall be provided adjacent to and parallel to both sides of new streets and within the public right-of-way. Any proposed PUE's less than 10 feet wide shall be approved by the responsible public utility agencies. Additional PUE's may be required in shared driveways. Miscellaneous 85. Any existing overhead distribution utilities (electrical and communication) along the project frontages and traversing the site shall be placed underground. 86. Maintenance agreements shall be required for any shared utilities or facilities within common areas and shall be recorded with the final map. Agreements shall identify the utility or facility to be maintained, the parties responsible for maintenance and the funding mechanism for maintenance, replacement and repair. All agreements shall be reviewed and approved prior to recordation. 87. Prepare final map and improvement plans per the latest City policies, standards, codes, resolutions and ordinances. Final map fees and technical review deposits shall be required at the time of the application submittal. Public improvements shall be designed and constructed in accordance with City of Petaluma Standards, Caltrans and Manual of Uniform Traffic Control (MUTCD). 88. Prior to issuance of any permits and prior to public improvement plan approval, a subdivision agreement shall be executed including City standard surety bonds and insurance, as required for the subdivision improvements. Water Conservation 89. Prior to the issuance of a building permit, the applicant shall submit the following in accordance with PMC Section 15.17.050: A. PMC Section 15.17.050(C)(1)O): Applicant signature and date with statement, "I agree to comply with the requirements of the Landscape Water Use Efficiency Standards and submit a complete Landscape Documentation Package." B. PMC Section 15.17.050(C)(4)(c)(3): A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contradicted. C. PMC Section 15.17.050(C)(4)(d)(1,6,11,17,18):The landscape design plan at a minimum, shall include: • Delineate and label each hydrozone by number, letter, or other method. • Identify type of mulch and application depth. • Identify plant quantities. • Contain the following statement : "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and • The signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. Resolution No. 2020-031 N.C.S. Page 16 D. PMC Section 15.17.050(C)(5)(a,b,c): A complete irrigation design plan that meets all the design criteria shall be submitted as a part of the landscape documentation package. E. PMC Section 15.17.050(C)(5)(c)(9,10): In addition the irrigation design plan shall also contain: ® The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and ® The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. 90. Prior to final inspection, the applicant shall submit the following in accordance with PMC Section 15.17.050. Please refer to the following sections of the PMC for detailed requirements of each item: A. PMC Section 15.17.050 (C)(3): Soil Management Report. B. PMC Section 15.17.050 (D)(1-3): Certificate of Completion to include the following attachments: ® Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape water use efficiency standards. ® Irrigation Schedule — shall be regulated by automatic irrigation controllers, applied water should be the ETWU. ® Landscape and Irrigation Maintenance Schedule - including routine inspection, adjustment and repair of irrigation system, fertilizing, pruning, weeding, etc. ® Landscape Irrigation Audit conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Audit reports shall meet the criteria listed in Section 15.70.050 (D)(2)(c). FIRE PREVENTION BUREAU 91. Where fire apparatus access roads or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles in accordance with Section 505.2. CFC 501.4 92. Pursuant to California Fire Code Appendix D105.3, plans submitted for purposes of construction shall relocate streetlights and obstructive landscaping adjacent to aerial apparatus access areas identified on the proposed plans, subject to Fire Marshal review and approval. 93. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders. Any request for alternative compliance must be presented by the applicant and approval is at the discretion of the Fire Marshal. CFC D103.1 94. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. CFC 503.1.1 Plans submitted for approval appear to meet this requirement without further modification. Resolution No. 2020-031 N.C.S.Page 17 95. Developments of one- and two-family dwellings where the number of dwelling units where the number of dwelling units exceeds thirty (30) shall be provided with two (2) separate and approved fire apparatus access roads. CFC D107.1 Plans submitted for approval appear to meet this requirement without further modification. 96. Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. CFC 503.2.4 97. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Any request for alternative compliance must be presented by the applicant and approval is at the discretion of the Fire Marshal. CFC D105.1 98. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion thereof. Any request for alternative compliance must be presented by the applicant and approval is at the discretion of the Fire Marshal. CFC D105.2 99. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING — FIRE LANE in accordance with the California Vehicle Code, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. PMC 17.20 503.3 100. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.20. Approved automatic sprinkler systems in existing buildings and structures shall be provided in locations described in Section 903.6. PMC 17.20 903.2 101. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two- family dwellings regardless of square footage in accordance with the California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi -family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations. PMC 17.20 903.2.8.1 • The fire sprinkler system requires approved plans and permit from the Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit application with three (3) sets of plans, cuts sheets and calculations. This system shall comply with NFPA-13D (single family dwellings). 102. New and existing buildings shall be provided with approved illuminated or other approved means of address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetic letters. Numbers shall not be spelled out. Character size and stroke shall be in accordance with Section 505.1.1 through 505.1.2. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response in accordance with this code and Section 505.1.3. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the fire code official, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained PMC 17.20 505.1 Resolution No. 2020-031 N.C.S. Page 18 103. Numbers for one and two-family dwellings shall be not less than four inches (4") (101.6 mm) high with a minimum stroke width of 0.5 inches (12.7 mm).PMC 17.20 505.1.1 Resolution No. 2020-031 N.C.S. Page 19