HomeMy WebLinkAboutAgenda Bill 1.A-Minutes 04/05/20041
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March l; 2004 Ap ril 5, 2.004
<Sp'
a �
City of `Petaluma, California
� MEETING OF PETALUMA CITY COUNCIL
Draft City Council Minutes
Monday, March 1, 2004 - 3:00 P.M.
Regular Meeting
CALL TO .ORDER
A. Roll Call
Present: Mayor Glass, Harris, Healy, Vice Mayor-.Moynihan, Torliatt
Absent: O'Brien
B. Pledge. of Allegiance
OATH OF OFFICE
Clark Thompson sworn in as the appointed Council Member to fill the temporary
vacancy created by Keith Canevaro.
The Oath:of.Office was administered by the City °Clerk'to Clark Thompson.
PUBLIC COMMENT
There was no public comment.
COUNCIL COMMENTS
Council Member Torliatt reported and gave an update on the recent Water Advisory
Committee Meeting and indicated, they,had approved, the proposed budget. She noted
she had voted on the ' budget for two *reasons_ 1) the clarification regarding Park
Reclamation costs-were passed out at the meeting and "she did not have adequate time
to review them; and 2) she had a problem with the proposed ,Study and Evaluation of
the Fu;ture,'Water & Supply Demands for Sonoma County Water Agency as there was no
Scope of Work included.
Vice Mayor Moynihan ,announced Council Member O'Brien had recent heart by -pass
surgery and was doing well.,.He indicated if people wanted to send "Get Well" cards to
do so through City Hall,
Vice Mayor Moynihan also noted it had .been some time since, the Council has reviewed
Claims and Bills, received a Quarterly Report and that he would like to receive a
Variance Report.
CITY MAN'AG'ER COMMENTS
There were none.
Vol. XX, Page 2
March 1-2004
AGENDA AND DELETIONS (Changes to current agenda
There were none'.
A. APPROVAL OF PROPOSED AGENDA
Approval. of Proposed Agenda for Council Meeting of Monday-March 15, 2004.
MOTION to approved the proposed Agenda for March 15, 2004.
M/S Healy and Moynihan. CARRIED UNANIMOUSLY.
CONSENT CALENDAR
PUBLIC_ COMMENT
Dorothy Bertucc','Petaluma, :addressed the City Council on behalf of the Library
Advisory Board and fhanked them for consideration of the Petaluma Library
Meeting Room "Expansion.
Council Member Torliatt remarked, on the monies raised by the Friends of the
Library for this project and recommended the City expend the "City's" amount
first and'if'there are additional funds left over that they be returned to the Friends_
of the Library to support their programs.
Council Member Thompson thanked Vice Mayor Moynihan for his efforts toward
this project as he has served,on the Library-Advisory Board,,
Council Member , Torligtt requested Item 1.B be removed from the Consent
Calendar for separate,discussion.
MOTION to approve the balance of the, Consent Calendar as presented: M/S
Torliatf and Moynihan.
MOTION CARRIED UNANIMOUSLY.
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A. Resolution 2004 -021 N.C.S. Awarding Contract :for 2003 Petaluma Library,
Meeting Room Expansion Project` 9028 -2. The Estimated Project Cost?
$,160,000. Funding Sources: Sonoma County and Community Facilitiest
(Skiadzien /Cas aldo)
B. Resolution Approving Termination, of;the tease With MCBail Company for
the Alderwood Well. (Ban /Nguyen)
- .Removed from the Consent Calendar for separate discussion.
C. Resolution::2004 -023 N.C.S. Accepting Histo"ricatMuseum Roof
Replacement Project 03= 3360 -1. (Skladzien /Castaldo)
D. Resolution_1004 -024 N.C.S: Declaring Vehicles and Equipment Surplus to
the: City`s Needs and Directing the City Manager to Dispose of the
March 1, 2004 Vol. XX, Page 3
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Vehicles and Equipment in Accordance wifh Provisions of the Petaluma
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Municipal Code. (Thomas)
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E.
Resolution 2004 -025 N.C.S. Awarding Landscape Maintenance Contract
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to Sonoma County Tree Experts for the Pruning of Trees in the Willowglen
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Landscape Assessment district. (Anchordoguy)
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F.
Adoption (Second Reading) of Ordinance 2.175 N:C.S. Incorporating
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Recommendations Made by the Fireworks Taskforce and Amending
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Petalum Fireworks Ordinance. Albertson)
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Adoption (Second Reading) of. Ordinance 2176 N.C.S; to Amend Lease for
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Mangos Aircraft, a Business Located at �fhe; Pe "faluma Municipal Airport.
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(Skladzien /Glose)
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Items Removed`from Consent for Discussion:
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B.
Resolution 2004: -026 'N.C.S. Approving Termination of the Lease With Mc Bail
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Company for`th6 Alderwood WeII- (B'an /Nguyen)
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Council Member Torliatt questioned asked the reason for terminating the
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lease when the City has the rig hts'r until 20.27.
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Staff'responded that the water quality was poor and there was not much
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capacity.
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Council Member Torliatt indicated she would not be supporting this
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request, as it'doesn't cost the City anything to maintain it.
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City Council '. discussion ensued regarding the possible need for access for
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future water needs; and staff conveyed that the well has not been used
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for many years because it does not meet current Department of Health
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Services standards for water quality. By terminating the lease, the property
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owner would "then have the property "rights to, the well site.
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MOTION to adopt Resolution2004 =.026 N C.S. M/S Healy /Moynihan.
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MOTION CARRIED by the following vo'te`.
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AYES: Harris, Healy, Thompson, Vice Mayor Moynihan
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NOES: Torliatt, Mayor Glass'
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ABSENT: O "Brien
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2. NEW BUSINESS
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A.
Introduction of Ordinance 2177 N'.C'.S. Amending Petaluma Municipal
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Code Section 1.118, "Claims Against the `City" to Authorize the City
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Manager to Settle Claims for Amounts of $20,000 or Less. (Rudnansky)
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City Attorney Rudnansky gave' the staff report and urged Council
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approval
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Vol. XX, Page4 March 1, 2004
Council .Member Harris commented he felt this would result in a more
efficient process.
MOTION to, introduce. Ordinance 2177 N.C.S. "M /S Moynihan /Thompson.
MOTI.ON`CARRIED UNANIMOUSLY.
B. Resolution. 2004 -027 N.C.S. of the City of Petaluma, Amending the,Rotation
Tow List Franchise Agreement' Eliminating Franchise: Fees Charged to the
Tow Operators for Tows Under Vehicle Code Sections 22651 (k) and (o)
(Thomas /Hood)
Tim Lyons Police Department, gave the staff report, and recommended
Council.approval.
MOTION to adopt Resolution 2004 -027 N.C.S MIS Moynihan /Healy..
MOTION CARRIED UNANIMOUSLY..
C. biScussion of Property Acquisition and disposition` (Bierman)
Martinelli et al
■ Station 1 Fire House
Casa Grande Motel
City Manager Mike Bierman briefly commented on the Martinelli property,
indicating that the purchase . has been complefed.
Mice .Mayor Mo.yningn remarked on his desire to get Capital Improvement
Project information, including what funded sources are and what is
being spent. He also requested, based on future development, to get -
projected ;figures on the need for possible future °water rate increases due
to increased water needs.
Council Member Torliatt confirmed, with the City 'Manager the City is on a
three -year, incremental increase for water rates and that there is no need
fordiscussion " regarding water rate increases at this time.
City Manager Bierman continued on regarding the Station 1 Fire House
Relocation issue. He briefly :commented on the issues of why staff . is
recommending ;locating Fire House #I to the Casa Grande site. He noted
the Casa' Grande site rernaihs tiis' recornmen lation _based on reasons of
Fire bepartment needs, geographic preference, site availability,
economics and City Redevelopment.
Vice Mayor` Moynihan commented he would like to see the City secure
what funding they could from a developer to find a site and would_ prefer
the recommended options ] or #2'subrnitted by the Fire Chief.
Council Member Healy commented if the Casa Grande property is still
available, the City could, make the information avail lable to the public
and schedule public meetings to discuss the proposed relocation prior to
the decision being placed on a City Council agenda , for action.
March 1, 2004 Vol. XX, Page 5
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Council Member Torliatt expressed concern that the relocation of Station
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# 1 to this site was never discussed during the Central Petaluma Specific
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Plan or General Plan discussions and feels making this land use decision
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outside of that process would be problematic. She questioned what the
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actual costs would be for a new .Fire Station to be built, including the
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differences from one site to another:
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Vice Mayor ,Moynihan commented the City has a Five -Year Capital
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Improvement Program that does not include this project. He questioned if
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Basin Street was creating an impediment by building `the garage so close
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to the current Fire Station.
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Chief Albertson responded that the Fire Department would be having a
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loss of parking and storage space for vehicles and that there will be
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increased traffic at the current location, which is problematic due to the
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increase in the number of emergency calls.
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Mayor Glass stated his support for the relocation of the Fire Station and
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indicated he feels the Casa Grande site has met its useful life. He
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suggested the old fire station could perhaps be converted to a restaurant.
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PUBLIC COMMENT
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Patricia Tuttle Brown, Petaluma, addressed the City Council and
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commented she was a member of the Central Petaluma Specific Plan
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Committee. She stated her frustration `with how 'far this issue has gotten
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without public noticing of the surrounding neighborhood of the Casa
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Grande Motel. She pointed out that Case Grande is surrounded by low -
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income housing and stressed the need for public input prior to making this
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kind of decision. She further noted the Central Petaluma Specific Plan
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committee has never heard about this proposal to move the Fire Station
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to this location. She indicated if the Council goes along with this, it would
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be as though Basin Street is dictating land use in the City. She expressed
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her desire to have the Fire Station remain next to; the parking garage, as it
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would create a safer environment.
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City Council discussion ensued regarding what would be done with the
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existing structure and the City Manager noted there would be a public
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process and proposals would be received ,regarding the existing Fire
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Station site.
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Council Member Healy noted the next step should be to host a workshop
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regarding information on the disposition and relocation of Fire Station # 1.
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Council. Member Torliatt expressed the desire to hear from staff as to the
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timeline and notification process that will be utilized.
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City Manager Bierman confirmed he will work with staff and come, back
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with the timeframes and process at the March 15, 200'4 City Council
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Meeting.
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Vol. XX, Page 6
March 1, 2004
Vice Mayor Moynihan stated a desire to have the CIP "fleshed out" and
brought back, with information' on: resources, expenditures, and funding
sources.
Council Member Thompson commented he feels it is up to the experts to
decide where the Fire House should ,be, located. He would like to see a
thorough public process once the site is established.
John Barella, North Bay -Construction, noted they would be doing the
demolition of the Casa Grande site and„ that they would be demolishing it
for $75,000 or less. He added: after demolition the value of the property
would be approximately $60.00 a square. foot for the land alone and
stressed that real estate is. going up higherand higher each day.
There was no Council action taken on this item.
& UNFINISHED BUSINESS
A. Motion for Reconsideration of Action Taken February 2, 2004 Regarding
Boulevard . Apartments (Buckelew Programs) A Request to Approve
Mitigated Negative Declaration; Rezone to PUD; Adopt Proposed Unit
Development Plan; Adopt Proposed Development Standards for PU.D.
(Gaebler) - Motion carried - reconsideration of the matter will be
heard of the March 15,, 2004 ,City Council Meeting.
Council Member Healy left the Council Chambers at this time
PUBLIC COMMENT
Mary Beth Ray, Petaluma addressed the City Council in opposition to the
proposed Buckelew Apartments, stressing, that the housing is needed, but
this is a poor choice of location..
Tom Fry, Petaluma, addressed the City Council in opposition to the
proposed'Buckelew Project.
Miguel A. Jimenez, Petaluma, addressed the City Council and inquired if
this'will be b public works project.
Mayor Glass indicated the pro_ ject would be subsidized with public
monies.
Mr: Jimenez indicated that project should be a union project and he
wouldlike to see a union labor agreement.
Mayor Glass noted the discussion regarding the project will', actually take
place at the next Council Meeting and would_ not be discussed this
evening.
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March 1, 2004 Vol. XX, Page 7
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Victor Chechanover, Petaluma, addressed the City Council and
requested that when the item is reconsidered, it should be reconsidered in
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the evening and it should be a public hearing.
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Council Member Thompson noted that Council Member Healy had to
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leave the meeting as he was needed. at a court appearance. Council
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Member Thompson continued by stating he has read all the materials
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regarding this issue and indicated he will be supporting the
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reconsideration. He concluded by stating he most likely will support the
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project when the Council reconsiders the item next week.
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Vice Mayor Moynihan commented the denial of fhel project has never
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been an issue regarding the capability of the Buckelew Program; it is a
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bad land use decision. He indicated there are other locations available
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that would be more suitable.
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Council Member Harris also noted he feels this is about a decision
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regarding land use.
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MOTION made by Council Member Healy at the February 23, 2004 City
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Council Meeting; SECONDED by Mayor Glass,
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MOTION CARRIED by the following vote:-
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AYES: Thompson, Torliatt, Mayor Glass
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NOES: Harris, Vice Mayor,Moynihan
ABSENT: Healy
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This item will be reconsidered and discussed by the City Council
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at their March 15, 2004 City Couneil.Meeting.
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ADJOURN TO CLOSED SESSION
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The City Council adjourned to Closed Session at 4:15 p.m. with the City Attorney reading
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into the record the matters to be discussed.
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PUBLIC COMMENT
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There was none.
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CLOSED SESSION
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■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Govt. Code
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§54956.9(a).
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o Bobby Thompson vs. City of Petaluma et al (Thompson 1), Sonoma County Superior
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Court Case No. SCV- 225677
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o Bobby Thompson vs. City of Petaluma et al (Thompson II), United States District Court
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(Northern District) Action No. CO3 -0033 EDL
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o City of Petaluma vs. Petaluma Properties, Sonoma County Superior Court Case No.
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SCV 226706
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CONFERENCE' WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to
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Litigation. Pursuant to Govt. Code §54956.9(b). - 1 matter
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March 1, 2004
■ CONFERENCE WITH REAL PROPERTY .NEGOTIATOR ,Pursuant; to Government Code §54956.8.
Property: Three parcels, located at the northeast corner of Lindberg Lane and Lakeville
Highway, APN's :05- 005 - 020 =003, 039, 040. Negotiating Party: Michael Bierman. Under
Negotiation: Price, Terms or Payment, or Both.
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CONFERENCE WITH 'REAL. PROPERTY NEGOTIATOR. Pursuant to Government Code §54956.8.
Property Description: 74.71 -acre property, APN 019 -330 -009, located adjacent to the Petaluma River.
Negotiating Party: Michael Bierman. Under Negotiation: Price; Terms or Payment, or Both.
CALL TO ORDER
A. ROII Call
Present: Mayor Glass, Harris, Healy; Vice Mayor Moynihan, Torliatt
Absent:- O'-Brien„ Thompson
16 B. Pledge of A lie giance - led by Council Member Harris
1 7 C. Moment of Silence
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19 REPORT OUT. -OF CLOSED SESSION No reportable action.
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21 PUBLIC COMMENT
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23 Don W'eisenfluh, Petaluma, stated his belief that claims,by school districts of cutbacks in
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26 Patricia Tuttle Brown, Petaluma, stated that the offer from Basin Street Properties -to
27 "donate" the Casa Grande Hotel as a possible future Fire Station site was in reality a
28 "quid pro quo" to. reduce the requirement for green space at the Southgate
29 Develop_ menu. She thought there should be public input on the location of the fire
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32 COUNCIL COMMENT
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34 Vice Mayor Moynihan spoke regarding traffic mitigation fees owed to the City for,5 years
35 by Chelsea GCA. He thought that once someone made :a promise to the community, if
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39 Regarding the Kennilw,orth acquisition, he wanted to go on record to say that traffic
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43 He hoped that when moving forward on projects, Council would keep in mind the need
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46 Council Member Healy reminded voters that absentee ballots could be turned in at any
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50 He thought Ms. Tuttle Brown's comments had some misconceptions.
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52 Council Member Torliatt'referred to a letter from Pisenti and Brinker regarding their annual
53 audit of the City. She would like City staff to respond to recommendations in that letter.
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March 1, 2004 Vol. XX, Page 9
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She had the opportunity to go to the all- weather soccer field at Lucchesi Park for the
State Cup Championship. A Petaluma team played in the under -12 finals. Rick Hewko,
Rick Mitchell and Greg Gehring were the coaches, and deserve a lot of credit for getting
those girls where they were. The event was hosted by Petaluma United Soccer - Corky
Cabrera, Tom Siragusa,_and Danny Ortega. The City needsanother all-weather soccer
field. New development must include enough park space to accommodate those
residents it will bring to the community.
Mayor Glass thanked Pauline Potter, Dr. Andersen and others who had contributed
money to the City. These were exceptionally generous donations from individuals .
wanting their town to have a little extra to get through these times.
He attended a Friday night celebration of Black History Month. Music was the theme,
and he found it informative and enjoyable. He hoped,the community would participate
in Black History Month events.
On Saturday night he attended the American Cancer Society's celebration of 25 years in
Petaluma. This was the final year for this particular event.
Tomorrow he will be reading from Harry Potter. He,.urged citizens to "take a little time to
read to your child or grandchild."
4. PUBLIC HEARINGS
A. Resolution 2004 -028 N.C.S. Establishing a Schedule of Fees and Charges
for City Services and Repealing Previously Adopted and Conflicting Fees
and Charges for Such Services. (Thomas)
Finance Director Bill Thomas presented the staff report and explained that
the January 2002 fee study prepared by Revenue Costs Specialists has
been revised by the author, and the recommendations presented to
Council tonight are based on that revision. He stressed the importance of
keeping fees in line with costs.
Vice Mayor Moynihan recalled that when the initial fee study was done,
an administrative overhead charge was built into the cost structure.
Mr. Thomas explained that the same process was used for the update.
Vice Mayor Moynihan noted some charges were going up a lot. He asked
if there was a cap.
Mr. Thomas replied that the fees were based on the study, which
determined the cost of providing the service
Vice Mayor Moynihan wondered if'some of the increases were reflecting
a more involved process, rather r than the actual cost. He thought fee
increases enabled inefficiencies to occur. He preferred to streamline
processes.
Vol. XX, Page 10
March 1, 2004
Council Member Torliqtt thought the reality could be that the City is
processing more applications, etc. •
Mr. Thomas agreed.
Council Member Healy asked what the City's .expectations were for
recovery of ambulance'fees.
Mr. Thomas said that "The reality is, you get what the insurance
companies pay you."
Council Member Healy pointed.ouf that on thestaff,report, the swim .
team pool.rental`is indicated ;as $3,000 "per month," but in another place,
the report reads $3,000 "'per year:"
Jim Carr, ,Parks and Recreation Director explained that was a
typographical, error- it should read "per month:'' The Recreation, Music
and Parks Commission's recommendation is $3;000 per month.
Council Member Healy announced that the Swim- Center opening would
be delayed until April 1 for technical reasons.: Donations for the Swim
Center have been coming 'in. He thought some of the fee increases .
seemed steep.
Mr. Carr replied that the commission was looking at cost per hour for use.
Their recommendation was based on a very reasonable cost for
service provided.
Council.Member Healy looked forward to when the Center could
be modernized.
Council Member Torliatt referred to "softball" under "Adult Sports." She
asked what effect`the opening of RESA (Redwood Empire Sports Arena)
would have.
Mr. Carr answered that once RESA came on line, the City would be "out
of the softball business." He added that softball, for the City, is close to
being "revenue neutral."
Council Member Torliatt would like to get input from the Animal Services
Advisory Committee regarding proposed, fee increases for adoptions, etc.
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PUBLIC COMMENT
None
Council Member Healy asked if other Council Members would like to find
a way to reduce the impact on the cost of recreational swim.
Council Member Torliatt - thought it important to go ahead with the fee
increases and re- evaluate after a year. There are. many issues that need
to be addressed, including making sure that everyone who comes in is
March 1, 2004
Vol. XX, Page 1 1
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actually paying the fees and improving the management of the Swim
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Center.
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Mayor Glass and Council Member Harris agreed.
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Vice Mayor Moynihan said he "had a problem" with the proposed
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Community Development fee increases. He has received feedback from
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citizens that processes are taking longer. He thought the City needed to
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evaluate the services offered and make sure they`re done as efficiently as
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possible, He thought it would send the wrong message, to the department
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to increase fees. He supported the other proposed fees.
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Council Member Torliatt thought the goal for the Community
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Development Department was self - sufficiency. She supported the
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proposed fee increased "absolutely." Fees should be compared to those
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charged by neighboring cities
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MOTION to adopt Resolution 2004428 N.C.S. M/S Healy /Harris.
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Vice Mayor Moynihan asked if the motion.included approving the
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Community Development fees.
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Council Member Healy said that it did, as modified in the memo Council
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received at the dais this evening.
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MOTION CARRIED 4 - 1 - 2 as follows:
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AYES: Mayor Glass, Healy, Harris, Torliatt
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NOES: Vice, Mayor Moynihan
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ABSENT: O'Brien, Thompson
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B. Discussion and Possible Action on an Appeal; by Delco Builders and
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Developer, Inc., of the Site Plan and .Architectural Review Committee's
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(SPARC) Decision to Deny the 46 -Unit Single Family and 46 -Unit Townhouse
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Gatti /Stratford Place Subdivision at 71`0' Sonoma Mountain Parkway. This
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item will be continued to a date certain. (Moore /Robbe)
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Mike Moore, Community Development Director, explained that Delco
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Builders would like to move forward with their appeal. He asked Council to
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set a date certain hearing on the appeal for afternoon session of the
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March 15, 2004 Council Meeting.
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Council consensus was to agendize a Public Hearing on the matter
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for the afternoon session of the March 15, 2004 Council Meeting.
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C. Consideration and Possible Action on a Recommendation from the
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Planning Commission Regarding Basin Street Properties Applications for
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the. Southgate Development, a 40 -acre Planned Unit Development, which
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Proposes 216 Detached Single - family Homes, a Park Site and a Parcel to
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be Retained for Future Affordable Housing. A Stormwater Detention
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Facility /Linear Open Space Area (Urban Separator) is Also Proposed Along
Vol. XX, Page 12 March 1 „2004
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the South Side of the Site Adjacent . to the City limits, The project
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entitlements include:
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Resolution 2004 -029 N.C,S. Adoption of a Mitigated Negative
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Declaration for the project.
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Resolution_ 2004 -0030 N.C.S. Amending the General Plan land use
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designation from "Specific Plan Area” and "Transit Terminal" to "Urban
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Diversified." -
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Introduction (First Reading) of Ordinance 2178' N.C.S. Rezoning from
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the. existing "Study" Zoning classification to Planned Unit Development
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(PUD);
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Resolution, 2004 -003:1 N.C.S. Approving the Southgate Unit
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Development Plan and PUD Development Standards;
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Resolution 2004 -0032 N.C.S. Approving Vesting Tentative Map and
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Conditions' of Approval.
Mayor Glass announced that Council Member-Thompson had recused
himself from this item due to a conflict of interest.
Jayni'Allsep, Project Planner, presented the staff report, and the Planning
Commission'`s recommendations to Council regarding the project.
PUBLIC COMMENT
Dev Goetschins, Housing Land Trust of Sonoma County Executive Director,
explained that the Land Trust provides home ownership opportunities to
low and moderate- income families-who would otherwise be priced out of
the housing market. The land beneath homes is owned by the Land Trust
and leased to the homeowner on a 9:9- year1ease. The land lease
provides the Land Trust the ability to. buy the house back when the
homeowners decide to sell. The developers will donate lots and build
three homes, which they will sell to Land Trust at cost.
Council Member Torliatt asked how much buyers would pay for those
homes:
Ms. Goetschins replied that families would buy the home based on the
maximum they can qualify for on their first mortgage. When they sell, they
have to sell to someone in the same income level.
Arthur Kerbel ; ' Petaluma, Adobe del Oro.Group, urged Council's support of
the project as presented.
Stephanie McAllister, Petaluma, Planning Commissioner, saw some issues
stiil,unresolved. She clarified that the whole community should be
concerned with the project. She was not.against`the neighborhood
working with the developer. She thought many people hoped this
development would provide a "sense of gateway:" A soundwall with
residential development behind it does not provide, that. She would like to
have the entire area outside the soundwall landscaped, including the
CalTrans right -of -way. She asked that SPARC be alerted that when
reviewing this landscape design, they should look for that "sense of
gateway. She asked Council to consider an increase in urban separator. is
March 1, 2004
Vol. xx, Page 13
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Teresa'Barrett, Petaluma Planning Commissioner, referred to the initial
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acoustical study, which showed noise, level above .acceptable levels. The
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second study withdrew all data and simply stated that it had been
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modified and now was within accepfable.ievels. As far as stop signs or
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traffic lights were concerned, she thought the City Engineer should
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determine what would be safest. Students; seniors and, disabled citizens
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need as much time as possible to get across the street. If the City decided
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against a traffic light at'Frates Road and Ely Road - then a lighted
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crosswalk should be installed. Her third issue was the', urban; separator- 1.20
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feet is non - buildable space. The park now being suggested is even smaller
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than what.came to Planning Commissio.n. said the applicant had
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agreed when asked to move housing that faces on Ely' Road back in
14
order to double the open space on that side, and she didn't think that
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had happened. Important to respect Plan''. She had questioned
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"rushing to move this project along "� vdhen,it was clear there was so much
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to be done and so many compromises were being made regarding open
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space'and the urban separator. The she read in the A`rgus- Courier that the
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"tail wagging this dog" is the City',s, need for another fire station on the
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west side of town. She didn't seethe nexus. She did not "think the City
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should sacrifice land for something that 'could ;be five or ten years down
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the road. There is no money for a fire station.
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Steve vonRaesfeld, Petaluma, Planning Commissioner, praised the staff
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report as ''very accurate." Regarding the urban separator on Ely Road, he
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noted that as drawn; it averaged about 18 fee.f.'He described a plan
involving reducing the size of some lots "that wouldresult in the average
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being raised to about 30 feet. He suggested that the gateway item and
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the urban separator °be treated as separate SPARC items. He referred to
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Sheet C- 13 „ and noted that Lakeville Highway is higher than the site. He
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suggested that an underground storm drain be required instead of a v-
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ditch.
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Mark Albertson, Petaluma, Chair of the Adobe Del Oro Action Group, lives
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in the neighborhood adjacent to the project. He spoke about why the
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group opposed previous proposals for this'site, and supports the project
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presented to Council tonight. He emphasized that careful attention must
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be given to the treatment of -the frontage on Frates Road. There should be
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a traffic light at Calle Ranchero„ and a four- way°stop at Ely Road. The
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median should be fully landscaped. Frates Road should be reclassified as
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a minor arterial or minor collector. There should .be a two -story height limit
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on the senior housing element of the project. He thanked Basin Street
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Properties for working with his group.
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Patricia Tuttle Brown, Petaluma, urged the Council to honor the General
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Plan,and Bicycle Plan that'call for a'300 -foot urban separator. As the
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developer is proposing this project she did not think it would be a
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"destination.” She urged Council to ask Basin Street Properties for what
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the citizens need.
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Scott Vouri, Petaluma, former Planning Commission member, said 18 feet
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isless than the length of a driveway, and not an urban.separator, in his
Vol. XX, Page 14: March 1,!2004
opinion. The development has improved dramatically from what he saw •
a&a Planning Commissioner. He was troubled by the idea of giving away
part of the: urban 'separator to: ;the, development. Every other
development.on the east side of Petaluma ,has. honored the 300 -foot
buffe? between development and the Urban Growth ,Boundary. He felt
Petaluma "needed another 200 half -a- million. dollar Mc/vlansiom like we
need holes in our heads." What Petaluma does need is enough
affordable, workforce housing. He thought if the City was giving away'
urban separator rights, It should in return stipulate that any,housi'ng built in
the separa:t;or be affordable: workforce housing. He added, fhat several
Planning Commission issues with the proj.ect not been resolved. He
urged Council to,return the project to the PIaanning Commission before
approval.
Len Svinth,. Petaluma, resident iof Petaluma for 45 years and President of
Petaluma Ecumenical Properties Board of Directors, urged Council to
approve project. He thanked'Basin Street Properties for providing
affordable housing in this, project.
Dusty Resneck; Petaluma Pedestrian and. Bicycle. Advisory Committee
explained that th com,mitfee`S goal is'to e n cour age people to get Qut of
their cars. They wrote ups conditions ,of approval - mitigation 1;0 -4 - PBAC
will get to review stage. He showed Council the PBAC,'s proposed
circulation plan: #hat shows five additional cut - throughs to provide public
access. He noted that the Parks and ,Recreation Department is
understaffed and the City is under a tight budget. He expressed concern
that parks that are made a condition, of.approval be maintained, as
"there area never reallyany-fun:ds for mainfenance." He urged Council to
include a mechanism for funding..He was concerned about connectivity%
to .other parks: and neighborhoods. He felt a 300- foot�urban separator
along the PG &E easement and. Ely Road was important.
Counci Member Healy asked, regarding. the additional access points, if
any involved going through soundwall.
Mr. Resneck confirmed that one did
Paula Cook, Petaluma Ecumenical Properties, spoke on behalf of Vera
Ciammefti, who was out on - medical leave. She. conveyed PEP's support-
for,this project. A condition was placed on the PEP portion-of-the project
at the January,27 Planning Commission meeting ;;requiring a Conditional
Use'P;ermit. She said this °would" be an unexpected: and difficult`financial
burden for PEP.
Mayor Glass asked if the Conditional Use Permit requirement was put
there as a mechanism to bring the project back to the Planning
Commission.
Ms..Allsep agreed.
March 1, 2004
Vol. XX, Page 15
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Mayor Glass asked if the project went back to Planning Commission,
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could the permit requirement then be waived as the goal would have
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been achieved.
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Ms. Allse,p recommended that Council change the conditions to not
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require the permit.
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Council Member Torliatt asked if PEP was purchasing the site, and if,so,
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were they paying market rate.
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Ms. Cook replied that it was being purchased , for significantly below
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market, rate.
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Vice Mayor Moynihan explained that he had talked to Ms. Cook earlier
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today about providing..senior housing on the edge of town and wondered
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if this would "cause hardship for seniors., He asked Ms.. Cook to paraphrase
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her response,.
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Ms. Cook explained that PEP looks at potential sites to see how close they
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are'to .amenities. She added that services are available through
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Paratransit and volunteer drivers who work through PEP.
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David Alleigh, Petaluma, moved to Petaluma because he could not
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safely ride his bike in San Francisco. He opposed this project adamantly
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from the beginning. Tonight he was here °in support of the project. He
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thanked Basin Properties for listening to the community.
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Connie Madden, Petaluma, supported - the'300 -foot urban. separator,
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which she sees as "common sense." This is the border between "us and
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the rural countryside, and should' be a gdteway.." Should follow the
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General Plan and ask; developers to go a'little further in their effort to listen
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to the community.
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Victor Chechanover, Petaluma, thought back to when there was talk of
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putting a Wal -Mart or similar big box store. on the site. He thought Basin
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Street`s proposal was much better Parcel .to, be retained for "future
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affordable housing." Affordable housing to him means "affordable
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housing for all`' - no.t just disabled seniors: He asked if the developer was
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paying in -lieu housing fees. He had heard, it was necessary to replace
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sewer plant "immediately" and that wasten years ago. He asked if studies
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had shown there would be enough sewer and water to support additional
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population.
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PUBLIC COMMENT CLOSED
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MOTION to adopt Resolution 2004 =029 R.C.S. Adoption of Mitigated
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Negative. Declaration for the project:; NI' /S Mealy /Harris.
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Council. Member Torliatt announced thatsherwould not be voting in favor
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of the resolution because she does not. believe,there is sufficient evidence
Vol. XX, P'age 16
March l 2004
oh record that there will be an adequate water supply for the
development, and because ;of the urban separator issue.
MOTION carried4 -1 -2 as follows'
AYES: Mayor Glass, Harris,_ Healy, Vice Mayor Moynihan
NOES- Torliatt
ABSENT:- O'Brien, Thompson
MOTION -to adopt Resolution 2004 -0030 N.C.S. Amending the General
Plan land ,use designation from ".Specific Plan Area" and "Transit Terminal"
to Diversified." M /S Healy /Moynihan.
MOTION: carried 5 -0 -2 as follows:
AYES: Mayor Glass, Harris; Healy, Vice Mayor Moynihan, Torliatt,
NOES None
ABSENT: O'Brien, Thompson
MOTION to introduce (First Reading) Ordinance 2178 KC. S. Rezoning from
the: existing "Study" Zoning' classification. to Planned Unit. Development
(PUD,)..
MOTION .carried 5 -0 -2 as follows:
AYES: Mayor Glass, Harris, 'Healy, Vice Mgyor..Moynihan, Torliatt
NOES: None
ABSENT:, O'Brien, Thompson
MOTION to adopt', Resolution 2004 -0031 N.C.S. Approving the Southgate
Unit` Development Plan grid f'UD• D,e,Veloprnent Standards. M/S
Healy /.Harris.
MOTION carried 3 -2 -2 as follows:
AYES: Mayor Glass, Harris, Healy
NOES: Vice Mayor Moynihdn, Torliatt
ABSENT- O'.Brien, Thompson .
MOTION to adopt Resolution. 2004 -0032 - N.C.S. Approving Vesting
Tenfiafive: Map and Conditions of Approval, with amendmenfs' made at the
dais. ,M /S Healy /Harris.
Council Member Torliatt did not believe the project had public benefit,
apart from 'providing senior housing.
MOTION carried 4=1 -2 as follows:
AYES: Mayor Glass, Harris Healy, Vice Mayor Moynihan
NOES: Torliat'f
ABSENT: O'Brien, Thompson
March 1, 2004
Vol. XX, Page 17
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The following
meeting:
are the amended findings and conditions of approval, as amended at the
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FINDINGS:
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Plan, dated February 13, 2004, except as modified by these conditions.
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1.
The proposed Tentative Subdivision Map, as conditioned, is consistent with the
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provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance)
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2004, are herein incorporated by reference as conditions of project approval.
and the State Subdivision Map Act.
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3. Upon approval by the City Council, the applicant t shall' pay the $35.00 Notice of
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2.
That the proposed subdivision, together with provisions, for its design and
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improvements, is consistent with the General Plan, and will not be detrimental to
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the public health, safety, or welfare in that adequate public facilities exist or will
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be installed, including roads, sidewalks, water, sewer, istorm drains,, and other
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Development, the applicant shall submit a Master Landscape Plan which
infrastructure.
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3.
That the site is physically suitable for the density and the type of development
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proposed.
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b. Street trees and other landscaping planted along the internal streets.
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4.
That the design of the subdivision and the proposed improvements will not cause
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substantial environmental damage, and that no substantial or avoidable injury
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will occur to fish or wildlife or their habitat. An Initial Study was prepared
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indicating that there would be no significant, environmental impacts that could
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not be mitigated.
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CONDITIONS' OF APPROVAL:
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From the Planning Division:
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1. The plans submitted for building permit review shall be in substantial compliance
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with the Vesting Tentative Map, Unit Development Plan and Preliminary Grading
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Plan, dated February 13, 2004, except as modified by these conditions.
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2. All mitigation measures adopted in conjunction with the Mitigated Negative
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Declaration for the Southgate Residential Development, revised February 20,
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2004, are herein incorporated by reference as conditions of project approval.
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3. Upon approval by the City Council, the applicant t shall' pay the $35.00 Notice of
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Determination fee to the Planning Division. The check shall be made payable to
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the County Clerk. Planning staff will file the Notice of Determination with the
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County Clerks office within five (5) days after receiving Council approval.
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4. Prior to the approval of Final Map /improvement plans and /or submittal for final
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Site Plan and Architecture Review approval for the Southgate Residential
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Development, the applicant shall submit a Master Landscape Plan which
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includes but is not limited to the following:
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a. Details of the landscape strips and entry features along Frates Road and Ely
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Road.
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b. Street trees and other landscaping planted along the internal streets.
Vol. XX, Page. 18 March 1, 2004
c: Color and material of sound walls (.noise barrier) along Lakeville Highway and
Frates Road. 0
d. Enhanced landscaping adjacent to the pump station at the corner of South
Ely and Frates Roads.
e. Details of the development of the open space and park parcels, including
landscaping, exterior lighting, outdoor furniture, paths and playgrounds..
Prior to the approval of Final Map /improvement. plans and /or submittal for final
Site; Plan and Architecture Review approval for the Southgate Residential
Development, the applicant shall apply for an encroachment permit from
Caltrans for landscaping within the Lakeville Highway (SRI 16) right -of -way along
the project frontage.
Prior to the approval of Final Map /improvement plans and /or submittal for final
Site Plan and Architecture Review approval for the Southgate Residential
Development, the applicant shall 'contribute toward the cost of a public art
element on .the Parcel D gateway /park parcel located at the. corner of Lakeville
Highway and Frates Road. "Jf the City does not yet have a public .art program in
place the applicant shall negotiate a suitable design with the Petaluma Arts
Council.
Prior to the approval of Final Map /improvement plans and /or submittal for final
Site Plan and Architecture Review approval for the Southgate Residential
Development, the applicant shall submit detailed plans for the landscaping and
noise wall along Lakeville. Highway, including landscaping proposed within the
Lakeville Highway (Caltrans) right -of -way, and the two "Gateway elements
along Lakeville Highway (within Parcels Q and D). These plans: shall be; subject to
review and approval by SPARC.
8. Prior to the issuance of building permits, POD Development Guidelines and final
architectural site. plans shall be reviewed and approved by SPARC.
9. During construction, the applicant shall be required to utilize Best Management
Practices regarding pesticide /herbicide use and fully commit to Integrated Pest
Management techniques for the protection of pedestrian /bicyclists. The
applicant shall be required to post signs when pesticide /herbicide use occurs to
warn pedestrians and bicyclists.
10. The design, development and dedication of the proposed public park ,(Parcel C),
shall be completed prior to the occupancy of any individual; housing unit'.
I 1.. Prior to submittal of the Final Map,, the applicant shall designate on the Final Map
a parcel to be dedicated to the, City of Petaluma, which contains the sound wall .
and landscaped area along both sides of the wall adjacent to Lakeville Highway.
This parcel shall be included in the area maintained by the Community Facilities
District required by Condition 60, below.
12. Construction and demolition debris shall be recycled to the maximum extent
feasible' in order to minimize impacts on the landfill.
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March 1 2004 Vol. XX, Page 19
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13. At the time of Final Map submittal, the developer shall submit names for the
internal streets and cul -de -sacs to the Community Development Department for
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review and approval.
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14. The developer shall require a signed disclosure to property owners of the single -
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family lot within the Southgate development, indicating that they are aware of
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the maximum density, building height and setbacks for the future senior housing
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site, identified on the Vesting Tentative Map as Parcel "A," as established in the
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PUD Development Standards.
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15. Plant materials to be installed as part of the Landscape Plan shall consist of a
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minimum of 15 gallon can size for trees and 5 gallon can size for shrubs.
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16. Prior to the approval of Improvement Plans for the proposed development, the
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applicant shall submit revised PUD Development Standards for the Southgate
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Residential Development, which address the following:
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a. Clearly specify all permitted and conditionally permitted uses allowed with
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the Southgate PUD.
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b. Clearly specify the permitted and conditionally permitted accessory
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structures allowed with the Southgate PUD.
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c. Revise Development Standards to be consistent with approved Vesting
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Tentative Map and Lot /Parcel Numbers, as amended by conditions of
� 6
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approval.
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d. Future modifications to Unit Development Plan. A Conditional Use Permit
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(CUP) approved by the Planning Commission shall be required for
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Senior /Disabled housing on PEP site only if three -story buildings are proposed.
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e. Lots 84 -101 and 129 -138 shall have minimum 17 -foot rear yard setbacks.
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f. Side yard setbacks shall be a minimum of five feet, except on the street side
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of a corner lot, where the "minimum side yard shall not be less than 10 feet.
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17. Prior to the approval of Improvement Plans for the proposed development, the
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applicant shall submit a plan that shall reflect the'approved Unit Development
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Plan for the Southgate Planned Unit Development.
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From the Engineering Division:
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Prior to or concurrent with the Final Map /Improvement Plans submittal and /or submittal
44
for final Site Plan and Architectural Review and approval, the applicant shall provide or
45
address the following:
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Frontage Improvements
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18. Lakeville Highway (State Route 116) - Provide frontage improvements per
50
Caltrans re.quiremehts.'The Bicycle Plan calls for a class II bike lane along Lakeville
1 1 Highway.
2
Vol XX Page 20 March 1, 2004
19. Frates Road. Construct ' / 2 street improvements along the entire frontage: including
but not limited to: pavement construction and reconstruction,, curb, gutter,
sidewalk, striping, streetlights, bike lanes, fire hydrants, anddandscaping.
a. The street section -shall be of least 6 inches, of asphalt concrete over 21. inches
of class 2 aggregate base. The developer May have the existing pavement
evaluated and tested with a recommendation to bring the road section to
arterial standards.
b. The street width shall include two 6 -foot bike lanes,. two 12 -foot travel lanes
and 12 -foot turn lane. Left turn lanes shall be located at intersections.
c. No double left turn lanes shall be allowed.
d. Parking shall not be allowed along Frates Road.
e. ,Prior to the submittal of improvement plans /Final Map; the proposed entry
:street at Lakeville :Circle shall be evaluated by a Traffic Engineer for
pedestrian, bicycle and vehicle safety. The evaluation shall include options
for right -in and, right -out only, a median in Frates Road to prevent left turn
movements and an uncontrolled intersection. Recommendations shall be
specific to safety issues. The, applicant shall be responsible for the cost of the
evaluation and peer review, if deemed necessary by the City Engineer.
20. Ely Road. Construct -'/2 street improvements along the entire frontage including
- but not limited to; pavement` construction and reconstruction, curb, gutter,
sidewalk, striping, streetlights, bike lanes, fire hydrants and landscaping.
a. The street section shall be, at least 5 inches of asphalt concrete and 15 inches
of class 2 aggregate base. The ''% street width shall include a 12 -foot travel
lane and a 6 -foot bike lane plus a 12 -foot travel lane in the opposite direction
if thei existing road conditions!warrant.
b.: At the intersection of Frates Road additional improvements shall be necessary
- including turn lanes and,through lanes.
Intersections
21. A traffic signal shall be constructed at the intersection of Calle Ranchero and
Frates Road.
22.; - A four -way stop sign shall be, installed at the intersection of Ely Road and Frates
Road. Thez intersection shall. be equipped with enhanced pedestrian safety
features including but not limited to a lighted in- ground pedestrian warning
system and /or other pedestrian safety features as deemed appropriate by the
City Engineer.
23. Prior to the issuance of a building permit, the applicant shall deposit a- bond with
the City Clerk for 150% of the design, construction and installation of a traffic
signal at the Frates Road /Ely Road intersection. The. bond shall be released at the
discretion of the City Council two (2) years after the last certificate of occupancy
for a single family home is issued for the Southgate Development.
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March 1, 2004
Grading
Vol. XX, Page 21
24. Grading shall conform to the soils investigation report. The soils report shall address
the need for moisture barriers along the back of curb and additional fill over the
existing city utilities in Fates Road
25. Cut and fill information shall be provided on the improvements plans.
26. Provide the necessary grading and drainage improvements on the City Pump
Station site.
27. Prepare and. submit an erosion control plan, storm water pollution prevention
plan (SWPPP) and a notice of intent (NOI).
28. Any existing structures above or below ground shall be removed if not a part of
the new subdivision. Structures shall include, but are not limited to fences,
retaining walls; pipes, septic systems, wells, debris;, etc.
Streets within Southgate Subdivision
29. Access to Frates Road at Calle Ranchero shall 'include an ingress lane, a
combination straight and left turn lane and a , right turn lane. face of curb radius
at proposed intersections on Frates Road and' Ely Road shall be at least 40 feet.
30. All subdivision streets shall be 'at least 32 feet' wide: Single- loaded streets may be
28 feet wide and parking shall be limited to one side of the street. Sidewalks shall
be required on both sides of all streets. Stop signs and'crosswalks shall be required
at applicable. intersections within the subdivision. Pedestrian ramps are required
at all corners. Face of curb radius at interior street corners shall be at least 25 -feet.
Street sections at th& sound walls shall include landscaping adjacent to the
sound wall. Modifications to these standards are cft the discretion of the City
Engineer.
31. A temporary all- weather turnaround shall be provided on Parcel A (Senior
Housing site) for the two streets ending at Parcel A.
32. All interior streets shall have a minimum street section of 4 inches of asphalt
concrete and 12 inches of class 2 aggregate base.
33. Additional outside turn radius (knuckles) shall be provided at 90- degree
intersections within the subdivision. Modifications to fhis standard are at the
discretion of City Engineer.
34. All streets shall be crowned at the center, directing surface drainage to both
sides of the street.
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Vol. XX, Page 22
March 1, 2004
Site Drainage and Storm Drain System
35. The detention pond system shall be designed to. prevent any increase in the peak
discharge from the project site due to a 100 -year storm. Provide a. spillway in the
detention pond system and an, over flow path to safely' direct runoff frortm a storm
exceeding 100 years.
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36. Lot to lot drainage is not allowed without a conduit system and corresponding
easement.
37. Provide a storm drain system. in Frates Road .and Ely Road per City standards as
necessary.
38. All hydrologic, hydraulic and storm drain system design shall be reviewed and
approved by the Sonoma County Water Agency.
39. Access roads and easements shall be provided for public storm drains on private
property.' Easements for public storm drains shall be at least 10 feet wide.
40. In order to reduce the apparent height of the :sound wall along Lakeville
Highway, the v -ditch shall be filled and an underground storm drainpipe shall be
•installed along the Lakeville Highway frontage if necessary. This shall be reflected
on the improvement plans submitted to the City.
Sanitary Sewer and Water Systems
41. Storm ,Drains shall be at least 15 inches in diameter.
42. The water main system shall be capable. of delivering a continuous fire flow as
designated by the Fire Marshal.
43. Fire flow calculations shall be provided.
44. The water main connection in 'Lakeville Highway shall laer eliminated if final fire
flow calculations indicate the connection is not needed.
45. Access roads and easements shall be. provided for public sanitary sewer and
water mains on private,property. Easements. shall be at'least 10 ;feet wide.
46. Water services shall be 1.5 diameter with 1 " water meters.
47. The developer shall be required to construct all on -site and off -site recycled water
facilities to provide recycled water to the park and open space parcels for
landscape irrigation. Design, operation, and maintenance of the recycled water
facilities shall comply with the City's Recycled Water Rules. The off-site facilities
shall include all pipelines, reservoirs, valves, connections, and other
appurtenances necessary to deliver recycled water from the City's existing
recycled water main in Ely Road to the irrigation points of connection for the park
and open space parcels. The on -site facilities shall include all components of
landscape irrigation systems for the park and open space. parcels, beginning at
the recycled water service meters.
March 1, 2004 Vol. XX, Page 23
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2.
48.
The landscape plan, irrigation plan and grading plan shall comply with the City's
Landscape Water Efficiency Standards. Prior to the issuance of a building permit
3
for the project, each of these plans and all supporting documents shall be
4
submitted to the City for review and approval..The Landscape Water Efficiency
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Standards shall apply to all common area, open space, park, and subdivision
6
perimeter landscaping, as well as single - family front yard landscaping.
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Planting materials shall be selected and assessed using the California Department
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of Water Resources' "Guide to Estimating Water Needs of Landscape Plantings in
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California," or similar guide. Turf grass shall not be allowed in front yards.
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50.
The design water budget and landscape water requirements shall be established
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for all proposed landscape areas and itemized on the Landscape Design Water
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Budget Statement.
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Final
Map
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51.
Clearly and accurately show the boundary and dedications on the final map.
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Provide a 10 -foot wide public utility easement on' both sides of all interior streets.
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The width of the easement may be reduced, subject to agreement by all
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affected public utility companies.
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53.
A final map technical review fee is due at final 'map application.
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Miscellaneous
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54.
Parcels B -K shall be dedicated to the City of Petaluma.
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55.
Gas mains or underground electrical mains shall not be allowed on private
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property beyond the standard 10 -foot public utility edsernent along the street
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frontage.
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56.
Improvement plans and final map(s) shall be prepared according to the latest
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City policies, codes, ordinances, resolutions and standards.
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57.
If the project is phased, each individual phase shall be designed to provide the
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required utility services and street system independent of any other phase.
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58.
Detention pond maintenance shall include tasks and time intervals for inspection
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and maintenance.
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59.
Formal application shall be filed for the abandonment of the Old Lakeville Road
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between Frates Road and Lakeville - Highway. The abandonment shall include
45
removing the existing public utility easement (PUE) on •APN 017 -150 -019 (37 acre
46
site). The formal application shall include a title report, appraisals and legal
47
descriptions for the areas proposed to be abandoned. The abandonment
48
process shall be complete prior to final map application.
49
50
60.
Prior to approval of the final map, the applicant shall establish a Community
�l Facilities District for maintenance of all land and improvements within Parcels B
�2 through K, Frates Road medians, and the new parcel to be created along
Vol. XX, Page 24 March 1_2004
Lakeville Highway per Condition 11, including but not limited to all sound walls,
detention ponds, drainage facilities, bicycle /pedestrian passageways and paths,
gateway features and landscaping. The instrument for ,creating the Community
Facilities District shall be subject to review by City'Staff and the City Attorney, and
approved by the City Council. The ,applicant` shall be'responsib10 for the full cost
of establishing the Community Facilities District.
From the Parks and Recreation Department
61. The proposed public park, identified on ' the Vesting Tentative Map as Parcel C,
shall be designed and developed with a playground along the same scale as the
playground recently approved for the Gatti Subdivision. Plans for the playground
shall meet the approval of the Recreation, Music and Parks Commission, and the
Parks and Recreation staff prior to review and approval by SPARC.
62. The Final Map and Improvement Plans for Southgate shall provide for a
connection of the bike / pedestrian path located in the urban separator to the
frontage road that parallels. Lakeville Highway. This connection or passageway
shall be aligned with the. street that is the extension of Caile Ranchero.
Other
63. Prior to submittal of the Final Map, the applicant shall adjust the. property line
between the public park (,Parcel C) and the parcel currently identified as Lot 128,
in order to widen the park parcel.
64. The applicant 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 any of the approvals of the project,
including the certification of associated environmental documents, 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 /developers 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 and if the City chooses to do so
- appellant shall reimburse City for attorneys fees by the City.
Mitigation Measures to be Applied as Conditions of Approval
3.1 All earthwork, grading, trenching, backfilling, and compaction operations shall be
conducted in accordance with the City of Petaluma's Subdivision Ordinance
(.# 11048; Title 20, Chapter 20.04 of the Petaluma Municipal Code) and Grading and
ErosibmControl Ordinance # 1576, Title '17, Chapter 17.31 of the Petaluma Municipal
Code).
3.2 The project sponsor shall submit an Erosion and Sediment Control Plan prepared by
a registered professional engineer as an integral part of the. grading plan. The
Erosion ,and Sediment Control Plan shall be subject to review and approval of the
Planning Division and Engineering Section, prior to issuance of a grading permit.
The Plan shall include temporary erosion control measures to be used during
construction of cut and fill slopes, excavation for foundations, and other grading Is
March 1, 2004 Vol. XX, Page 25
4 1 incorporated into plans that are submitted for building permit issuance.
0 2
operations at the site to prevent discharge of sediment and contaminants into the
• 1
2
drainage system, The Erosion and Sediment Control Plan shall include the following
3
measures as applicable:
4
5
a'. Throughout the construction process, disturbance of groundcover shall be
6
minimized and; the existing vegetation shall be retained'to the extent possible
7
to reduce soil erosion. All construction' and grading activities„ including short -
8
term needs (equipment staging areas; storage areas; and field office locations)
9
shall minimize the amount of land area disturbed. Whenever possible, existing
10
11
disturbed areas shall.be used for such purposes.
12
b. All drainage -ways, wetland areas and creek channels shall be. protected from
13
silt and sediment in storm runoff through the use of silt fences, diversion berms,
14
and check dams. Alb exposed surface areas shall be mulched and reseeded
15
and all cut' =arid fill slopes shall be protected with hay' mulch and /or erosion
16
control blankets ,as appropriate.
17
18
c. Material and equipment for implementation of erosion control measures shall
19
be on - site: by October 15t. All grading activity shall be completed by October
20
15th, prior to the on -set of the rainy season, With all disturbed areas stabilized
21
and re- vegetated by October 31St
22
23
d. Upon approval 'by the Petaluma City Engineer, extensions for short -term
24
grading may be allowed. The Engineering -Section in conjunction with any
25
specially permitted rainy season grading may require special erosion control
measures.
� 6
7
28
3.3 All construction activities shall meet the Uniform Building Code regulations for
29
seismic safety (i.e;, reinforcing perimeter and /or load bearing walls, bracing
30
parapets, etc.).
31
32
3.4 All public and private improvements shall be subject to inspection by City staff for
33
compliance with the approved Improvement Plans, prior to City acceptance.
34
35
3.5 Foundation and structural design for buildings' shall' conform to the requirements
36
of the Uniform Building Code; as well as state and. local laws /ordinances.
37
Construction plcn.si shall be subject to review and approval by the Building
38
Division prior -to the issuance of a building permit. All work shall be subject to
39
inspection by the Building Division and must conform. to all applicable code
40
requirements and approved improvement plans prior to issuance of a Certificate
41
of Occupancy.
42
43
3.6 Prior to issuance.of a grading or building permit, the project sponsor shall submit a
44
detailed schedule for field inspection of work in progress to ensure that all
45
applicable codes, 'conditions and mitigat ion 'measures are being properly
46
implemented through construction of fhe project.
47
48
3.7 The Site. Plan and Architectural Review Committee (SPARC) shall review and
49
approve the landscaping. plans, which show how disturbed areas are to be
50
replanted. Any changes to the landscaping plan as required by SPARC shall be
4 1 incorporated into plans that are submitted for building permit issuance.
0 2
Vol. XX, Page 26 March 1, 2004
3i8 Prior to issuance of a grading permit, building permit or approval of an
improvement plan or ,Final Map, the project. sponsor shall provide a Soils
Investigation and G.eotechnical Reporf prepared; by a registered professional civil
engineer for review and approval of'the City Engineer and Chief Building Official
in accordance with the Subdivision Ordinance and Grading and Erosion Control
Ordinane;e.. The soils report shall address site specific soil conditions (i e. highly
expansive soils) andJnclude recommendations for site preparation and grading;
foundation and soil engin eering design; pavement design, utilities, roads, bridges
and structures.
3.9 The design of all earthwork, cuts and fills; drainage, pavements, utilities,
foundations and structural- components .shall conform with the specifications and
criteria contained in the geotechnical report; as approved by the City Ehgineer.
T , q,geotechni.cal engineer„shalf.sigh the `improvement plans and certify the design
as conforming to the specifications. The geotechnical engineer shall also inspect
the construction work and shall certify to the City, prior to acceptance of the
improvem ents or issuance o.f a certificate of occupancy, that the improvements
have been constructed in accordance with the geotechnical specifications.
Construction and improvement plans shall be reviewed' for conformance with the
geotechnical specifications by the. ,Engineering Section of the Community
Development Department and the Chief Building Official. prior to issuance of
grading or building permits and /or advertising for 'bids on public improvement
projects. Additional_ soils information may be required by the Chief Building.
Inspector during the plan check of building plans in accordance with Title 17 and
20 of the Petaluma Municipal Code.
4.1 The Project sponsor shall ,bcorporate Best Management Practices into grading,
building and /or improvement plans, and clearly indicate these provisions `in the
plan specifications. The construction contractor shall incorporate the following
measures into the required Erosion , and Sediment Control Plan to limit "fugitive dust
and exhaust emissions during construction:
a. Grading and construction equipment .operated during construction activities
shall be properly mufflered and maintained to minimize emissions. Equipment
shall: be turned off when not in use.
b. Exposed soils shall be watered periodically during construction, a minimum of
twice daily. The frequency of watering shall be increased if .wind speeds
exceed 15 mph. Only purchased . city water or reclaimed water shall �be used
for this purpose. Responsibility for watering to include weekends and holidays
when work is not in progress.
c.. Construction sites involving earthwork shall provide for a gravel pad area
consisting of an impermeable liner and drain rock at the construction
entrance to clean mod and debris from construction vehicles prior to entering
the public roadways. Street surfaces in the vicinity of the project shall be
routinely swept and cleaned of mud and dust carried onto the street by
construction vehicles.
d. During excavation activities,. haul trucks used to transport soil shall utilize tarps
or, other similar covering devices, or maintain at least two feet of freeboard to
reduce dust emissions.
March 1, 2004 Vol: XX, Page 27
1
2
e.
Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
3
unpaved access roads, parking areas, and staging areas at construction sites.
4
5
f.
Sweep daily (with: water sweepers) all paved access roads, parking areas,
6
and staging ,areas and sweep streets daily (.with, water sweepers) if visible soil
7
material is deposited onto the adjacent roads.
8
9
g.
Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
10
11
(previously graded areas that are inactive for 10 daysormore).
12
h.
Enclose, cover, water twice daily, or apply (non- toxic) soil binders to exposed
13
stockpiles,
1.4
15
i.
Limit traffic-speeds on any unpaved roads to 15 mph.
16
17
j.
Install sandbags or other erosion control measures to prevent silt runoff to
18
public roadways.
19
20
k.
Replant vegetation in disturbed areas as; quickly as possible. Post- construction
21
re- vegetation, repaving or soil stabilization of exposed '.soils shall be
22
completed in a timely manner according to the approved Erosion and.
23
Sediment Control Plan and verified by City inspectors prior to °acceptance of
24
improvements or issuance of Certificate of Occupancy.
25
I.
If necessary, install windbreaks, or use trees /v,egetative windbreaks at the
0 26
7
windward side(s)' of construction areas to prevent visible dust clouds from
28
affecting nearby sensitive uses (e , .g., residences).
29
30
m.
Suspend excavation and grading activity when winds (instantaneous gusts)
31
exceed 25 mph qnd visible dust emission cannot be prevented from leaving
32
the construction site(s)'.
33
34
n.
Limit areas subject to disturbance during_ excavation, grading, and other
35
construction activity at any one time.
36
37
o.
Project sponsor shall designate a person with authority to require increased
38
watering to monitor the dust and erosion control program and provide name
39
and phone number to the City of Petaluma prior to issuance of grading
40
permits.
41
42
p.
If applicable, the project sponsor shall obtain operating permits from the Bay
43
Area Air Quality Management District, and' shall provide evidence of
44
compliance prior to requesting a Certificate: of' Occupancy. The Planning
45
Department and /or Building Division shall' verify that the project sponsor has
46
obtained an operating p' g ;permit and that .fhe facilities conform to the permit
47
requirements prior to authorizing' the Certificate of Occupancy.
48
49
5.1 All
construction activities shall be performed in a manner that minimizes the
50
sediment
and /or pollutants entering directly or indirectly into the storm drain
40 1 system or ground water. The project sponsor shall incorporate the following
2 provisions into the construction plans and specifications, 'to be verified by the
Vol. XX, Page 28 March 1, 2004
Community ,Development Department, prior to 'issuance of grading, or building
permits.
a. The project sponsor shall designate on 'the, improvement plans., construction
.staging: areas and areas for the storage of any hazardous materials (i.e.,
motor oil, fuels, paints, etc,) to be used during construction All construction
staging areas shall be located away from any drainage dregs to prevent
runoff' from construction areas from entering into the drainage system. Areas
designated for storage of 'hazardous materials shall include proper
containment features to prevent contamination from entering drainage
areas in the event of a spill or leak
b. No debris, soil, silt, sand; cement; concrete, or washing thereof, or 'other
construction related materials or wastes, soil or' petroleum products or other
organic or earthen material shall be allowed to enter any drainage system. All
discarded material including washings and any accidental spills shall be
removed 'and disposed .of at an approved disposal site.. The project sponsor
shall designate appropriate disposal methods and /or facilities the
construction plans or in. the specifications.
52 The project sponsor shall submit a detailed grading and drainage ,plan for review
and approval by the .Engineering Section and'. the Planning Division prior to
approval of'any improvement plans "or the, issuance of a., grading permit. Project
grading and all site drainage improvements shall be designed and - constructed in
conformance with. the City of "Petaluma Engineering Department "s "'Standards
;Specific_ ations," and, with the ;Sonoma County Water Agency's "Flood Control
Design Criteria," if applicable. Drainage plans shall include supporting
:calculations of storm drain and culvert size using acceptable engineering
methods. All hydrologic, hydraulic, and storm drain system design, if applicable,
shall be subject to the review and approval of the Sonoma County' Wafer
Agency (SCWA), and th&City Engineer.
5.3 The project sponsor shall pay all applicable Storm Drainage Impact Fees prior
final inspection or issuance of'a Certificate of Occupancy.
5.4, The project sponsor shall submit Sonoma County Water Agency letter of
approval.
5 5 The project sponsor shall develop and 'implement a comprehensive Urban Runoff
Control Plan submitted for review and approval of the Planning; ;Division prior to
approval of improvement plans; or issuance of grading or building permits:. At a
minimum, the plan shall: (l) identify "specific- types and sources of storm water
pollutants; (2) determine the location and: nature- of potential impacts: and (3)
specify and incorporate appropriate control measures into the project design
and improvement plans. Constructidn 'plans ,shall be reviewed by the Planning
Division for conformance with'the Urban Runoff Control Plan prior to approval of
improvement plans or'issuance of grading or building permits., City inspectors shall
inspect the improvements and verify compliance prior to acceptance of
improvements or issuance of a Certificafe of Occupancy. Urban Runoff Control
'Programs shall- include the following as appropriate:
March 1, 2004 Vol. XX, Page 29
1
a. Pesticides and fertilizers shall not be applied to public landscape areas or any
2
maintenance access way during the rainy season.
3
4
b. All drainage improvement plans shall include installation of permanent signs
5
(concrete stamps or equivalent) at each storm drain 'inlet. The sign at each
6
inlet shall read "No Dumping, Flows To The Petaluma River" or•equivalent, and
7
shall be installed at the time of construction and verified prior to acceptance
8
of public improvements or issuance of a Certificate of Occupancy.
9
10
5.6
The developer shall be required to construct all on -site and off -site recycled water
11
facilities to provide recycled water to the park and open space parcels for
12
landscape irrigation. Design, operation, and maintenance of the recycled water
13
facilities shall comply with the City's Recycled Water Rules.
14
15
7.1
All construction activities shall be limited to 7:00 a.m. to 6:00 p.m. Monday
16
through Friday and (9:00 a.m. to 5:00 p.m. on Saturdays. Construction shall be
17
prohibited on Sundays and all holidays recognized by the City of Petaluma,
18
unless a permit is first secured from the City Manager (or his /her designee) for
19
additional hours. There will be no start up of machines nor equipment prior to 8:00
20
a.m., Monday through Friday; no delivery of materials nor equipment prior to 7 :30
21
a.m. nor past 5:00 p.m., Monday through Friday; no servicing of equipment past
22
6:45 p.m., Monday through Friday. Plan submitted for City permit shall include the
23
language above.
24
25
7.2
All construction equipment powered by internal combustion engines shall be
26
properly muffled and maintained to minimize noise. Equipment shall be turned off
0 7
when not in use.
28
29
7.3
Construction maintenance, storage, and staging areas for construction
30
equipment shall avoid proximity to residential areas to the maximum extent
31
practicable. Stationary construction equipment-, such as compressors, mixers,
32
etc., shall be placed away from residential areas: and /or provided with acoustical
33
shielding: Quiet construction equipment shall be used when possible.
34
35
7.4
The project sponsor shall designate a Project Manager with authority to implement
36
the mitigation measures who will be responsible for responding to any complaints
37
from the neighborhood, prior to issuance of a building /grading permit. The Project
38
Manager shall determine the cause of noise complaints (e.g. starting too early,
39
faulty muffler, etc.) and shall take prompt action to correct the problem.
40
41
7.5
Prior to the approval of Improvement Plans for fhe. Southgate Subdivision, the
42
project sponsor shall submit an acoustical report prepared by a qualified
43
acoustical professional, which demonstrates that the specified location,
44
construction and height of the proposed noise walls will provide the mitigation
45
necessary to comply with the Ldn 45 (interior) and Ldn 60 (exterior use areas) noise
46
standards for residential and open space uses, as established in the City of
47
Petaluma General Plana The acoustical report shall be subject to peer review and
48
shall be approved by the Director of Community Development prior to approval of
49
the Final Map.
50
4 1 7.6 The project sponsor shall submit an acoustical report(s) prepared by a qualified
2 acoustical professional, which demonstrates that the proposed applicable interior
Vol. XX, Page 30 March 1, 2004
and exterior noise standards as established by general plan noise policies shall be
met. Said report shall be submitted in conjunction with applications'. for Site Plan
and Architectural Review for each phase of development, including park and
future affordable housing uses. The report shall be reviewed and approved by the
Planning Division prior to. `issuance of a building permit for that phase of
development. The report shall include but not be limited to the following:
a. Recommendations regarding placement of buildings; and /or installation of
sound walls that would shield'roadway noise from exterior use areas in order to
meet City noise standards.
b. Sound transmission class ratings (STC) for windows and floor /ceiling assemblies
on multi- family residential units necessary to achieve Ldn of 45 dBA interior
noise level, as well 'as STC levels between units.
c. The need for modified exterior wall construe #ions at second floor rooms along
the roadways necessary to achieve Ldn of 45 -dBA interior noise level. These
modifications may include extra" layers of gypsum board or additional stud
framing:.
d. Plans submitted for a building permit shall conform to the specifications
identified in this study.
7.7 All land uses shall conform to the Performance Standards listed in Section 22 -300 of
the Petaluma Zoning Code.
8.1 All exterior lighting shall be directed onto the project site and access ways and is
shielded to prevent glare and intrusion onto adjacent residential properties. Plans
submitted for project review and approval shall ,incorporate lighting plans, which
include photometric plans of active open space areas, and identify the location
and design of all proposed exterior lighting; including streetlights.
8.2 Detailed site plans, architectural plans; landscape plans, ;including details for
exterior lighting and sound walls shall conform to the Site Plan and Architectural
Review Design Guidelines and shall be subject to review by the City's Site Plan and
Architectural Review Committee prior to issuance of building permits.
83 All , new and existing overhead utilities (except for high voltage transmission lines)
shall be placed underground.
8.4 Development plans shall be designed to ,avoid vehicular lighting impacts to
bedroom areas and other light- sensitive living areas of any nearby residential lot,
home or facility. Development plans for lots proposed at street intersections or in
other potentially light- sensitive locations shall incorporate, architectural or
landscape design features to screen interior living -space, from the headlight,glare.
10.1 A four way stop control or traffic signal shall be installed at the Frates Road
intersection with Calle Ranchero.
10:2 A four way stop control or a traffic signal shall be installed at Prates Road
intersection with South Ely Road.
March 1, 2004 Vol. XX, Page 31
1
2
10.3
Stop controls shall be provided for exiting the project at the proposed access point
at Lakeville Circle.
3
4
10.4
The project shall comply with the requirements of the City of Petaluma Bicycle
5
Plan. Plans for each °phase of site development shall be referred to the Pedestrian
6
and Bicycle Advisory :Committee (PBAC)' for review and comment to ensure
7
compliance with the City Bicycle Plan.
8
9
10.5
The project sponsor shall provide a Traffic Control Plan for review and approval of
10
the City's Traffic Engineer, prior to issuance of a building or' grading permit. At
1 1
least one lane of traffic in each direction, shall be maintdined at all times through
12
the construction period, unless a temporary .detour plan. is submitted -and
13
approved the City Traffic Engineer. Heavy construction traffic and haul trucks
14
shall avoid school zones between school arrival and departures times. During
15
non- working hours, open trenches and construction hazards shall be provided
16
with signage, flashers, and barricades approved by the Street Superintendent to
17
warn oncoming motorists, bicyclists, and pedestrians of potential safety hazards.
18
19
10.6
AII, road surfaces shall be restored to pre - -project conditions after completion of
20
any project - related utility installation activities.. All trench pavement restoration
21
within existing asphalt streets shall receive a slurry seal. If the trench cut is within
22
the parking strip, then only the parking strip needs a slurry seal Otherwise, half the
23
street shall receive a slurry seal.
24
25
10.7
Any pedestrian access through and /or adjacent to the project site shall remain
26
unobstructed during project construction or an alternate route established as
0-7
approved by the Police Chief and City Engineer.
28
29
10.8
Frontage improvements shall be installed in accordance with the City's Street
30
Standards to provide for safe access to and from the site. Turning lanes,
31
acceleration and deceleration lanes, curb cuts, median islands, signing and
32
striping shall be incorporated into the design plans as required by the City's Traffic
33
Engineer. Pedestrian and bicycle access connecting the City's bikeways and
34
pedestrian circulation through the site shall be incorporated into the
35
development plan. Improvement or construction plans shall be subject to review
36 .
and approval of the Traffic Engineer prior to issuance of a grading or building
37
permit. All street frontage improvements shall be constructed to City standards
38
and inspected by City Inspectors prior to final inspections or acceptance of
39
improvements.
40
41
10.9
The project sponsor shall be responsible for the payment of the City's Traffic
42
Mitigation Fees. Traffic Mitigation Fees shall be calculated at the time of issuance
43
of a building permit and shall be due and payable before final inspection or
44
issuance of a certificate of occupancy.
45
46
10.10
The project sponsor shall upgrade the existing transit .stop on Frates Road as
47
necessary to include a bench; shelter and pedestrian access, subject to review
48
and approval by the City of Petaluma Transit Coordinator.
49
50
10.11
The project sponsor shall be responsible for a fair -share contribution to fund to the
1
construction of signal and /or other improvements at the Frates /Adobe Road
2
3
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13,
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Vol. XX, Page-32 March 1, -2004
intersection. The fair - share contribution shall be based upon the project's
contribution to the cumulative traffic projected for this:infersection.
15.1 If, during the course of construction, cultural, archaeological or paleontological
resources are uncovered at the site (surface or subsurface resources) work shall
be halted immediately within 50 meters (1,50 feet) of the find until it can be
evaluated by a qualified professional archaeologist. The City of Petaluma
Planning Division and a. qualified archaeologist (i.e., an archaeologist `registered
with the Society of Professional Archaeologists] shall be immediately_ contacted
`by the responsible individual present on =site. When contacted', Community
Development Department staff and the archaeologist shall immediately 'v,isit the
site to determine the extent of the resources and to develop proper mitigation
measures required for the discovery.
ADJOURN
The meeting, was adjourned at 11:42 p.m:
David Glass, Mayor
ATTEST:
Gayle;`Petie sen, City Clerk
Claire Cooper, Deputy City Clerk-
APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
•
•