HomeMy WebLinkAboutResolution 2007-130 N.C.S. 07/16/2007 Resolution No. 2007-130 N.C.S.
of the City of Petaluma, California
APPROVAL OF THE GREENBRIAR TENTATIVE PARCEL MAP
WHICH WOULD ALLOW FOR THE 224-UNIT
GREENBRIAR APARTMENT COMPLEX TO BE CONVERTED
TO CONDOMINIUM UNITS
AT 200 GREENBRIAR CIRCLE
APN's 007-610-001 to 029 &031
City File Number: 06-TPM-0486-CR
WHEREAS, by action taken on May 22, 2007, the Planning Commission considered the
proposal and forwarded a recommendation to the City Council to approve the condominium
conversion and the Tentative Parcel Map date stamped April 30, 2007; and,
WHEREAS, the City Council finds that the requirements of the California
Environmental Quality Act (CEQA) have been satisfied as the project is categorically exempt
pursuant to CEQA Guidelines Section 15301, Class 1 (k), Existing Facilities, which allows
division of existing multiple-family residences into common-interest ownership residences,
where no physical changes occur which are not otherwise exempt and CEQA Guidelines Section
15304, Class 4 (b), Minor Alterations to Land, which allows new landscaping, including the
replacement of existing conventional landscaping with water efficient landscaping; and,
WHEREAS, the City Council considered the Greenbriar Condominium Conversion
proposal on July 16, 2007 and considered all written and verbal communications concerning
potential environmental impacts resulting from the project before rendering a decision; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative
Parcel Map at 200 Greenbriar Circle, APNs 007-610-001 to 029 and 031, subject to the
following Findings and Conditions of Approval:
FINDINGS
1. The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1 (k), Existing
Facilities, which allows existing multiple-family residences to be converted into
common-interest ownership residences, where no physical changes occur which are not
otherwise exempt.
2. The proposed Tentative Parcel Map complies with the requirements of the Municipal
Code (including the Subdivision Ordinance), Chapter 20.20, and the Subdivision Map
Act.
3. The proposed subdivision, together with. provisions for its design and improvements, will
not be detrimental to the public health, safety, or welfare in that adequate public facilities
Resolution No. 2007-130 N.C.S. Page I
exist or will be installed, including sidewalks, water, sewer, storm drains, and other
infrastructure.
4. The proposed Tentative Parcel Map complies with the requirements of the Greenbriar
Planned Unit District (PUD) in that. the project does not include any expansion of the
existing units.
5. The proposed Condominium Conversion insure a reasonable balance of rental and
ownership housing opportunities in Petaluma and a variety of individual choices of
tenure, type, price, and location of housing.
6. The proposed Condominium Conversion is consistent with Municipal Code Section
20.30.010 in that the ordinance provides for the conversion of rental units to
condominiums when 2/3 of the lawful tenants indicate their desire to convert to
community housing, regardless of the vacancy rate. As part of the. application materials,
the applicant provided consents signed by the tenants in the form required by Section
20.30.040 and a copy of the leases associated with the consents. Review of the signed
consents and the leases indicated that 205 of the 268 lawful tenants (76.49%) have
provided their consent for the proposed for conversion.
7. As required by the State of California Subdivision Map Act Section 66427.1, each of the
tenants of the proposed condominium received written notification of intent to convert to
condominiums at least 60 days prior to the filing of the tentative map, that each of the
tenants will be given 180 days written notice of intention to convert prior to tern~ination
of tenancy due to the proposed conversion, and each of the tenants of the proposed
condominium has been or will be given notice of an exclusive right to contract for the
purchase of his or her respective unit upon the same or snore favorable terms and
conditions that such unit will be initially offered to the general public.
8. As required by the State of California Subdivision Map Act Section 66452.3, a notice and
report was provided to all tenants and the applicant a minimum of 3 days prior to
Planning Commission hearing and City Council hearing of the project.
9. The subdivision will create 224 separate salable residential rights of exclusive occupancy,
which are appropriate to the surrounding area and with the existing surrounding uses.
Access to the public street (Maria Drive) currently exists and the project has been
reviewed by the Fire Marshal and the existing site condition is adequate to meet the
requirements of the Fire Marshal.
10. The design of the subdivision and the types of improvements will not be detrimental to
the public health, safety or welfare. Adequate public facilities exist or will be installed,
including driveways and sidewalks, water, sewer, storm drain and other infrastructure.
Resolution No. ?007-130 N.C.s. Page 2
CONDITIONS OF APPROVAL
From the City Council
1. Draft Covenants, Conditions, and Restrictions (CC & Rs) shall be developed that include,
but are not limited, to the following. These CC & Rs shall be submitted with the final
map and shall be subject to staff and City Attorney review. These CC & Rs shall be
reviewed and approved by City Council prior to final map approval.
A. The future development potential of the site based on the land use designation
identified on the City's most recent Draft General Plan land use map. A color map
that identifies the existing site conditions, including the location of the existing
buildings and common facilities, and the location of possible future units shall be
included.
B. Provisions for maintenance of all common areas, including the parking area, with
appropriate funding and enforcement mechanisms.
C. Assignment of parking spaces for tenants and guests (e.g. one parking space assigned
to each unit, one floating space for each unit with the remainder of parking spaces to
be guest parking spaces.
D. Prohibition of recreational vehicles, boats, and other similar and/or oversized vehicles
onsite.
E. Prohibition of outdoor storage in the parking areas.
F. Prohibition ofnon-operative vehicles onsite.
G. Restrictions that address the use of the individual patios and balconies, including the
prohibition of storage in these areas.
H. Restrictions that address the external appearance of the units.
I. Restrictions that address onsite recycling.
J. Restrictions that address the use and maintenance of fenced storage area located in
the east corner of the site and identified as part of Parcel A.
K. Language that addresses the reduction of water and energy usage.
2. Prior to approval of any development permit (building permit, improvement plans, final
map, etc.), the applicant shall provide the following for staff review and approval:
A. A program to reduce water usage on the project site by a minimum of 1.5 million
gallons of water per year.
B. A program to reduce energy usage that incorporates Green Building .standards. This
program shall include the retrofitting of units with energy star appliances.
Resolution No. 2007-130 N.C.S. Page 3
C. Atenant-relocation assistance program for those tenants who cannot or do not
purchase a unit.
D. A home buyer training program.
3. Improvement plans shall be submitted with the final map that include the following and
are subject to staff review and approval:
A. A landscaping plan that includes the removal of a minimum of 50% of the existing
lawn area and the replacement of this area low water usage, drought tolerant species.
B. An irrigation plan that shows the removal of the existing irrigation fixtures and
replacement of these fixtures with high efficiency fixtures.
C. Improvements to the area along the north property line and adjacent to the bike path
located along East Washington Creek. These improvements shall improve visibility
and include landscaping and fencing -that is appropriate for this location and allows
for pedestrian and bicycle access to the path while preventing vehicular access.
D. Resurfacing and re-striping of the covered and. uncovered parking areas and drive.
aisles.
4. Plans submitted for building permit shall include energy star appliances for those units
that have not yet been retrofitted with energy star appliances. These appliances shall be
noted on the building permit plans and shall be installed prior to final map approval.
From the Planning Division (778-4301)
5. Prior to issuance of any development permit, the applicant shall revise the site plan or
other first sheet of the office and job site copies of the Building Permit plans to list these
Conditions of Approval as notes.
6. The plans submitted for building permit/improvement plan review shall be in substantial
conformance with the Tentative Map dated April 30, 2007.
7. Prior to Final Map recordation, those noticing requirements specified in Map Act section
66427.1 shall be satisfied.
8. Prior to Final Map and Improvement Plan approval, the improvement plans shall be
revised to incorporate 23 new parking stalls. The existing parking stalls may be re-.striped
in a manner consistent with the City's Site Plan and Architectural Review Guidelines in
order to provide the required number of parking spaces.
9. All lighting shall be glare-free, hooded and downcast in order to prevent glare into
bicyclists' and pedestrians' eyes.
10. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within
the project without first providing appropriate signs warning of the use of chemicals. The
project shall utilize Best Management Practices regarding pesticide/herbicide use and
Resolution No. ?007-130 N.C.S. Page 4
fully commit to Integrated Pest Management techniques for the protection of bicyclists
and pedestrians.
11. Any construction activity shall be limited to Monday through Friday 8:00 a.m. to 5:30
p.m. Interior work only may be conducted on Saturdays from 9:00 a.m. to 5:00 p. m.
Construction is prohibited on Sundays and all federal, state, and local holidays. This
condition is more restrictive than the construction hours stated in Article 22 (Performance
Standards) of the Zoning Ordinance because of the projects proximity to residential uses.
12. The applicants 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 project when such claim or action is brought
within the time period provided for in applicable State and/or local statutes. The City
shall promptly notify the applicants of any such claim, action, or proceeding. The City
shall coordinate in the defense. Nothing contained in this condition shall prohibit the City
from participating in a defense of any claim, action, or proceeding if the City bears its
own attorney's fees and costs, and the City defends the action in good faith.
From the Building Division (778-4301
13. Prior to Final Map .approval, the following work shall be done with building permit(s)
and the building permit(s) shall be finaled:
Common Use Area
1. Rental Office, Community Room, Laundry Room
a. Provide maximum threshold height of %2".
b. Provide lever type hardware on all doors.
c. Provide exit signs where required.
d. Protect traps for lavatories in restrooms.
2. Swimming Pool
a. Provide mechanism to assist persons with disabilities in gaining entry into the
pool and in exiting from the pool as per CBC 1104B.4.3.4
b. All gates from pool area shall comply with CBC 3118B.2
3. Accessible Parking
a. Provide van space as per CBC 1129B.1.2 and accessible path to the main entrance
and from exits of the Community Room.
Residential Units
a. Provide GFCI protection for all kitchen and bath outlets.
b. Install draftstops in attic space between all units.
c. Provide a .separate water heater per unit.
d. Provide smoke detectors in all bedrooms.
Resolution No. 2007-130 N.C.S. Page 5
e. All handrails shall be 34"-38" height with gripable surface.
f. All guardrails shall be designed to prevent a 4" .sphere from passing through.
From the Public Works, Engineering Division (778-4301):
The following conditions shall be addressed prior to the recordation of the final parcel map,
unless noted otherwise.
14. All properties within the boundary of the subdivision shall be merged with the final
parcel map.. Unit locations and common area shall be shown on the final parcel map as
indicated on the tentative map. The common area uses and easements shall be defined on
the final parcel map.
15. Parcels X and Y shown on the tentative map shall not be included in the boundary of the
subdivision.
16. Maintenance agreements shall be required for all share private facilities within the
common area (access roads, parking, storm drains, water lines, sewer lines, etc.).
17. All broken or displaced sidewalk along the frontage of Maria Drive and Park Lane shall
be removed and replaced.
18. Pedestrian ramps shall be replaced and/or installed per City standards at Park Lane and
Maria Drive and in two locations at Maria Drive and Greenbriar Circle.
19. Install bike route signs and legends along the Maria Drive frontage per City standards and
according to the City Traffic Engineer. Install a crosswalk across Park Lane at the.
intersection of Maria Drive.
20. All improvements required by the tentative map and conditions of approval shall be
completed prior to final parcel map recordation. The applicant has the option to defer the
improvements by preparing plans, entering into a construction agreement with the City
and posting a form of security to guarantee construction. The improvements however
shall be completed prior to the sale of the first condominium.
21. Prepare the final parcel map per the latest City policies, standards, codes, resolutions and
ordinances. Final parcel map fees and technical review deposits shall be required at the
time of the application submittal.
From the Water Resources and Conservation Department (778-4699)
22. Prior to Improvement Plan approval, individual water meters to each unit shall be shown
or a mechanism. shall be established such as HOA to be responsible for the water and
sewer bills.
23. All existing buildings shall have one 2" meter per quad.
24. All new units shall be individually metered.
Resolution No. 2007-130 N.C.S. Page b
25. All existing water services shall be replaced from the main to the meter location.
26. All irrigation meters shall have new approved RPZ backflow preventers installed. If the
onsite well is not abandoned, all domestic meters shall have new RPZ backflow
preventers installed.
27. Submit plans showing landscape design and demands as well as meter locations and any
connections to the onsite well for review.
28. Submit plans showing new and existing service and meter locations and sizes.
29. Prior to Improvement Plan approval, the plans shall show that the reduced pressure
backflow preventers are updated to City Standards.
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 ved s to
Council of the City of Petaluma at a Regular meeting on the 1.6`~ day ofJuly, 2007,
by the following vote:
City A ey
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Mayor Torliatt
NOES: None
ABSENT: Rabbitt
ABSTAIN: None
ATTEST: ~
City Clerk Mayor
Resolution No. 2007-130 N.C.S. Page 7