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HomeMy WebLinkAboutAgenda Bill 1.A-Minutes 04/05/20041 2 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1 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. 45 46 47 48 49 50 51 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 1 Vehicles and Equipment in Accordance wifh Provisions of the Petaluma 2 Municipal Code. (Thomas) 3 4 E. Resolution 2004 -025 N.C.S. Awarding Landscape Maintenance Contract 5 to Sonoma County Tree Experts for the Pruning of Trees in the Willowglen 6 Landscape Assessment district. (Anchordoguy) 7 8 F. Adoption (Second Reading) of Ordinance 2.175 N:C.S. Incorporating 9 Recommendations Made by the Fireworks Taskforce and Amending 10 11 Petalum Fireworks Ordinance. Albertson) 12 G. Adoption (Second Reading) of. Ordinance 2176 N.C.S; to Amend Lease for 13 Mangos Aircraft, a Business Located at �fhe; Pe "faluma Municipal Airport. 14 . (Skladzien /Glose) 15 16 Items Removed`from Consent for Discussion: 17 18 B. Resolution 2004: -026 'N.C.S. Approving Termination of the Lease With Mc Bail 19 Company for`th6 Alderwood WeII- (B'an /Nguyen) 20 21 Council Member Torliatt questioned asked the reason for terminating the 22 lease when the City has the rig hts'r until 20.27. 23 24 Staff'responded that the water quality was poor and there was not much 25 capacity. 26 27 . Council Member Torliatt indicated she would not be supporting this 28 request, as it'doesn't cost the City anything to maintain it. 29 30 City Council '. discussion ensued regarding the possible need for access for 31 future water needs; and staff conveyed that the well has not been used 32 for many years because it does not meet current Department of Health 33 Services standards for water quality. By terminating the lease, the property 34 owner would "then have the property "rights to, the well site. 35 36 MOTION to adopt Resolution2004 =.026 N C.S. M/S Healy /Moynihan. 37 38 MOTION CARRIED by the following vo'te`. 39 40 AYES: Harris, Healy, Thompson, Vice Mayor Moynihan 41 NOES: Torliatt, Mayor Glass' 42 ABSENT: O "Brien 43 44 2. NEW BUSINESS 45 46 A. Introduction of Ordinance 2177 N'.C'.S. Amending Petaluma Municipal 47 Code Section 1.118, "Claims Against the `City" to Authorize the City 48 Manager to Settle Claims for Amounts of $20,000 or Less. (Rudnansky) 49 50 City Attorney Rudnansky gave' the staff report and urged Council 51 approval 52 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 ® 1 2 Council Member Torliatt expressed concern that the relocation of Station 3 # 1 to this site was never discussed during the Central Petaluma Specific 4 Plan or General Plan discussions and feels making this land use decision 5 outside of that process would be problematic. She questioned what the 6 actual costs would be for a new .Fire Station to be built, including the 7 differences from one site to another: 8 9 Vice Mayor ,Moynihan commented the City has a Five -Year Capital 10 Improvement Program that does not include this project. He questioned if 1 1 Basin Street was creating an impediment by building `the garage so close 12 to the current Fire Station. 13 14 Chief Albertson responded that the Fire Department would be having a 15 loss of parking and storage space for vehicles and that there will be 16 increased traffic at the current location, which is problematic due to the 17 increase in the number of emergency calls. 18 19 Mayor Glass stated his support for the relocation of the Fire Station and 20 indicated he feels the Casa Grande site has met its useful life. He 21 suggested the old fire station could perhaps be converted to a restaurant. 22 23 PUBLIC COMMENT 24 25 Patricia Tuttle Brown, Petaluma, addressed the City Council and 26 commented she was a member of the Central Petaluma Specific Plan 27 Committee. She stated her frustration `with how 'far this issue has gotten 28 without public noticing of the surrounding neighborhood of the Casa 29 Grande Motel. She pointed out that Case Grande is surrounded by low - 30 income housing and stressed the need for public input prior to making this 31 kind of decision. She further noted the Central Petaluma Specific Plan 32 committee has never heard about this proposal to move the Fire Station 33 to this location. She indicated if the Council goes along with this, it would 34 be as though Basin Street is dictating land use in the City. She expressed 35 her desire to have the Fire Station remain next to; the parking garage, as it 36 would create a safer environment. 37 38 City Council discussion ensued regarding what would be done with the 39 existing structure and the City Manager noted there would be a public 40 process and proposals would be received ,regarding the existing Fire 41 Station site. 42 43 Council Member Healy noted the next step should be to host a workshop 44 regarding information on the disposition and relocation of Fire Station # 1. 45 46 Council. Member Torliatt expressed the desire to hear from staff as to the 47 timeline and notification process that will be utilized. 48 49 City Manager Bierman confirmed he will work with staff and come, back 50 with the timeframes and process at the March 15, 200'4 City Council • 51 52 Meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39. 40 41 42 43 44 45 46 47 48 49 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. • • U March 1, 2004 Vol. XX, Page 7 • 1 2 Victor Chechanover, Petaluma, addressed the City Council and requested that when the item is reconsidered, it should be reconsidered in 3 the evening and it should be a public hearing. 4 5 Council Member Thompson noted that Council Member Healy had to 6 leave the meeting as he was needed. at a court appearance. Council 7 Member Thompson continued by stating he has read all the materials 8 regarding this issue and indicated he will be supporting the 9 reconsideration. He concluded by stating he most likely will support the 10 11 project when the Council reconsiders the item next week. 12 Vice Mayor Moynihan commented the denial of fhel project has never 13 been an issue regarding the capability of the Buckelew Program; it is a 14 bad land use decision. He indicated there are other locations available 15 that would be more suitable. 16 17 Council Member Harris also noted he feels this is about a decision 18 regarding land use. 19 20 MOTION made by Council Member Healy at the February 23, 2004 City 21 Council Meeting; SECONDED by Mayor Glass, 22 23 MOTION CARRIED by the following vote:- 24 25 AYES: Thompson, Torliatt, Mayor Glass • 26 27 NOES: Harris, Vice Mayor,Moynihan ABSENT: Healy 28 29 This item will be reconsidered and discussed by the City Council 30 at their March 15, 2004 City Couneil.Meeting. 31 32 ADJOURN TO CLOSED SESSION 33 34 The City Council adjourned to Closed Session at 4:15 p.m. with the City Attorney reading 35 into the record the matters to be discussed. 36 37 PUBLIC COMMENT 38 39 There was none. 40 41 CLOSED SESSION 42 43 ■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Govt. Code 44 §54956.9(a). 45 o Bobby Thompson vs. City of Petaluma et al (Thompson 1), Sonoma County Superior 46 Court Case No. SCV- 225677 47 o Bobby Thompson vs. City of Petaluma et al (Thompson II), United States District Court 48 (Northern District) Action No. CO3 -0033 EDL 49 o City of Petaluma vs. Petaluma Properties, Sonoma County Superior Court Case No. 50 SCV 226706 51 CONFERENCE' WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to • 52 Litigation. Pursuant to Govt. Code §54956.9(b). - 1 matter Vol. XX, Page 8 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. • 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 18 19 REPORT OUT. -OF CLOSED SESSION No reportable action. 20 21 PUBLIC COMMENT 22 23 Don W'eisenfluh, Petaluma, stated his belief that claims,by school districts of cutbacks in 24 education are false. He recommended voting "no" on:school taxes. 25 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 30 station. 31 32 COUNCIL COMMENT 33 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 36 should be fulfilled_. When those fees are collected, they should be earmarked for a 37 crosstown connector. 38 39 Regarding the Kennilw,orth acquisition, he wanted to go on record to say that traffic 40 mitigation for a retail development there would only be possible with a crosstown 41 connector. 42 43 He hoped that when moving forward on projects, Council would keep in mind the need 44 for Little League playing fields. 45 46 Council Member Healy reminded voters that absentee ballots could be turned in at any 47 polling place. They.should not be mailed on Election` Day, as they would not be ;received 48 in time to be counted. 49 50 He thought Ms. Tuttle Brown's comments had some misconceptions. 51 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. i s 0 March 1, 2004 Vol. XX, Page 9 • 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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. 44 45 46 47 48 49 50 51 52 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 1 actually paying the fees and improving the management of the Swim �. 2 Center. 3 4 Mayor Glass and Council Member Harris agreed. 5 6 Vice Mayor Moynihan said he "had a problem" with the proposed 7 Community Development fee increases. He has received feedback from 8 citizens that processes are taking longer. He thought the City needed to 9 evaluate the services offered and make sure they`re done as efficiently as 10 possible, He thought it would send the wrong message, to the department 1 1 to increase fees. He supported the other proposed fees. 12 13 Council Member Torliatt thought the goal for the Community 14 Development Department was self - sufficiency. She supported the 15 proposed fee increased "absolutely." Fees should be compared to those 16 charged by neighboring cities 17 18 MOTION to adopt Resolution 2004428 N.C.S. M/S Healy /Harris. 19 20 Vice Mayor Moynihan asked if the motion.included approving the 21 Community Development fees. 22 23 Council Member Healy said that it did, as modified in the memo Council 24 received at the dais this evening. 25 �. 26 27 MOTION CARRIED 4 - 1 - 2 as follows: 28 AYES: Mayor Glass, Healy, Harris, Torliatt 29 NOES: Vice, Mayor Moynihan 30 ABSENT: O'Brien, Thompson 31 32 B. Discussion and Possible Action on an Appeal; by Delco Builders and 33 Developer, Inc., of the Site Plan and .Architectural Review Committee's 34 (SPARC) Decision to Deny the 46 -Unit Single Family and 46 -Unit Townhouse 35 Gatti /Stratford Place Subdivision at 71`0' Sonoma Mountain Parkway. This 36 item will be continued to a date certain. (Moore /Robbe) 37 38 Mike Moore, Community Development Director, explained that Delco 39 Builders would like to move forward with their appeal. He asked Council to 40 set a date certain hearing on the appeal for afternoon session of the 41 March 15, 2004 Council Meeting. 42 43 Council consensus was to agendize a Public Hearing on the matter 44 for the afternoon session of the March 15, 2004 Council Meeting. 45 46 C. Consideration and Possible Action on a Recommendation from the 47 Planning Commission Regarding Basin Street Properties Applications for 48 the. Southgate Development, a 40 -acre Planned Unit Development, which 49 Proposes 216 Detached Single - family Homes, a Park Site and a Parcel to 50 be Retained for Future Affordable Housing. A Stormwater Detention 51 Facility /Linear Open Space Area (Urban Separator) is Also Proposed Along Vol. XX, Page 12 March 1 „2004 1 the South Side of the Site Adjacent . to the City limits, The project 2 entitlements include: 3 Resolution 2004 -029 N.C,S. Adoption of a Mitigated Negative 4 Declaration for the project. 5 Resolution_ 2004 -0030 N.C.S. Amending the General Plan land use b designation from "Specific Plan Area” and "Transit Terminal" to "Urban 7 Diversified." - 8 Introduction (First Reading) of Ordinance 2178' N.C.S. Rezoning from 9 the. existing "Study" Zoning classification to Planned Unit Development 10 (PUD); 1 1 Resolution, 2004 -003:1 N.C.S. Approving the Southgate Unit 12 Development Plan and PUD Development Standards; 13 Resolution 2004 -0032 N.C.S. Approving Vesting Tentative Map and 14 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 •'° 1 2 Teresa'Barrett, Petaluma Planning Commissioner, referred to the initial 3 acoustical study, which showed noise, level above .acceptable levels. The 4 second study withdrew all data and simply stated that it had been 5 modified and now was within accepfable.ievels. As far as stop signs or 6 traffic lights were concerned, she thought the City Engineer should 7 determine what would be safest. Students; seniors and, disabled citizens 8 need as much time as possible to get across the street. If the City decided 9 against a traffic light at'Frates Road and Ely Road - then a lighted 10 crosswalk should be installed. Her third issue was the', urban; separator- 1.20 11 feet is non - buildable space. The park now being suggested is even smaller 12 than what.came to Planning Commissio.n. said the applicant had 13 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 15 had happened. Important to respect Plan''. She had questioned 16 "rushing to move this project along "� vdhen,it was clear there was so much 17 to be done and so many compromises were being made regarding open 18 space'and the urban separator. The she read in the A`rgus- Courier that the 19 "tail wagging this dog" is the City',s, need for another fire station on the 20 west side of town. She didn't seethe nexus. She did not "think the City 21 should sacrifice land for something that 'could ;be five or ten years down 22 the road. There is no money for a fire station. 23 24 Steve vonRaesfeld, Petaluma, Planning Commissioner, praised the staff 25 report as ''very accurate." Regarding the urban separator on Ely Road, he 26 27 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 28 being raised to about 30 feet. He suggested that the gateway item and 29 the urban separator °be treated as separate SPARC items. He referred to 30 Sheet C- 13 „ and noted that Lakeville Highway is higher than the site. He 31 suggested that an underground storm drain be required instead of a v- 32 ditch. 33 34 Mark Albertson, Petaluma, Chair of the Adobe Del Oro Action Group, lives 35 in the neighborhood adjacent to the project. He spoke about why the 36 group opposed previous proposals for this'site, and supports the project 37 presented to Council tonight. He emphasized that careful attention must 38 be given to the treatment of -the frontage on Frates Road. There should be 39 a traffic light at Calle Ranchero„ and a four- way°stop at Ely Road. The 40 median should be fully landscaped. Frates Road should be reclassified as 41 a minor arterial or minor collector. There should .be a two -story height limit 42 on the senior housing element of the project. He thanked Basin Street 43 Properties for working with his group. 44 45 Patricia Tuttle Brown, Petaluma, urged the Council to honor the General 46 Plan,and Bicycle Plan that'call for a'300 -foot urban separator. As the 47 developer is proposing this project she did not think it would be a 48 "destination.” She urged Council to ask Basin Street Properties for what 49 the citizens need. _ 50 51 Scott Vouri, Petaluma, former Planning Commission member, said 18 feet 52 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 1 Mayor Glass asked if the project went back to Planning Commission, 2 could the permit requirement then be waived as the goal would have 3 been achieved. 4 5 Ms. Allse,p recommended that Council change the conditions to not 6 require the permit. 7 8 Council Member Torliatt asked if PEP was purchasing the site, and if,so, 9 were they paying market rate. 10 1 1 Ms. Cook replied that it was being purchased , for significantly below 12 market, rate. 13 1.4 Vice Mayor Moynihan explained that he had talked to Ms. Cook earlier 15 today about providing..senior housing on the edge of town and wondered 16 if this would "cause hardship for seniors., He asked Ms.. Cook to paraphrase 17 her response,. 18 19 Ms. Cook explained that PEP looks at potential sites to see how close they 20 are'to .amenities. She added that services are available through 21 Paratransit and volunteer drivers who work through PEP. 22 23 David Alleigh, Petaluma, moved to Petaluma because he could not 24 safely ride his bike in San Francisco. He opposed this project adamantly 25 from the beginning. Tonight he was here °in support of the project. He 26 27 thanked Basin Properties for listening to the community. 28 Connie Madden, Petaluma, supported - the'300 -foot urban. separator, 29 which she sees as "common sense." This is the border between "us and 30 the rural countryside, and should' be a gdteway.." Should follow the 31 General Plan and ask; developers to go a'little further in their effort to listen 32 to the community. 33 34 Victor Chechanover, Petaluma, thought back to when there was talk of 35 putting a Wal -Mart or similar big box store. on the site. He thought Basin 36 Street`s proposal was much better Parcel .to, be retained for "future 37 affordable housing." Affordable housing to him means "affordable 38 housing for all`' - no.t just disabled seniors: He asked if the developer was 39 paying in -lieu housing fees. He had heard, it was necessary to replace 40 sewer plant "immediately" and that wasten years ago. He asked if studies 41 had shown there would be enough sewer and water to support additional 42 population. 43 44 PUBLIC COMMENT CLOSED 45 46 47 MOTION to adopt Resolution 2004 =029 R.C.S. Adoption of Mitigated 48 Negative. Declaration for the project:; NI' /S Mealy /Harris. 49 50 Council. Member Torliatt announced thatsherwould not be voting in favor 51 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 0 I 2 The following meeting: are the amended findings and conditions of approval, as amended at the 3 28 4 FINDINGS: 30 5 31 Plan, dated February 13, 2004, except as modified by these conditions. 6 1. The proposed Tentative Subdivision Map, as conditioned, is consistent with the 7 34 provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) 8 2004, are herein incorporated by reference as conditions of project approval. and the State Subdivision Map Act. 9 37 3. Upon approval by the City Council, the applicant t shall' pay the $35.00 Notice of 10 2. That the proposed subdivision, together with provisions, for its design and 1 1 40 improvements, is consistent with the General Plan, and will not be detrimental to 12 the public health, safety, or welfare in that adequate public facilities exist or will 13 43 be installed, including roads, sidewalks, water, sewer, istorm drains,, and other 14 Development, the applicant shall submit a Master Landscape Plan which infrastructure. 15 46 16 3. That the site is physically suitable for the density and the type of development 17 49 proposed. 18 b. Street trees and other landscaping planted along the internal streets. 19 4. That the design of the subdivision and the proposed improvements will not cause 20 substantial environmental damage, and that no substantial or avoidable injury 21 will occur to fish or wildlife or their habitat. An Initial Study was prepared 22 indicating that there would be no significant, environmental impacts that could 23 not be mitigated. 24 25 CONDITIONS' OF APPROVAL: 6 7 From the Planning Division: 28 29 1. The plans submitted for building permit review shall be in substantial compliance 30 with the Vesting Tentative Map, Unit Development Plan and Preliminary Grading 31 Plan, dated February 13, 2004, except as modified by these conditions. 32 33 2. All mitigation measures adopted in conjunction with the Mitigated Negative 34 Declaration for the Southgate Residential Development, revised February 20, 35 2004, are herein incorporated by reference as conditions of project approval. 36 37 3. Upon approval by the City Council, the applicant t shall' pay the $35.00 Notice of 38 Determination fee to the Planning Division. The check shall be made payable to 39 the County Clerk. Planning staff will file the Notice of Determination with the 40 County Clerks office within five (5) days after receiving Council approval. 41 42 4. Prior to the approval of Final Map /improvement plans and /or submittal for final 43 Site Plan and Architecture Review approval for the Southgate Residential 44 Development, the applicant shall submit a Master Landscape Plan which 45 includes but is not limited to the following: 46 47 a. Details of the landscape strips and entry features along Frates Road and Ely 48 Road. 49 50 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. -10 March 1 2004 Vol. XX, Page 19 • 1 2 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 3 review and approval. 4 5 14. The developer shall require a signed disclosure to property owners of the single - 6 family lot within the Southgate development, indicating that they are aware of 7 the maximum density, building height and setbacks for the future senior housing 8 site, identified on the Vesting Tentative Map as Parcel "A," as established in the 9 PUD Development Standards. 10 11 15. Plant materials to be installed as part of the Landscape Plan shall consist of a 12 minimum of 15 gallon can size for trees and 5 gallon can size for shrubs. 13 14 16. Prior to the approval of Improvement Plans for the proposed development, the 15 applicant shall submit revised PUD Development Standards for the Southgate 16 Residential Development, which address the following: 17 18 a. Clearly specify all permitted and conditionally permitted uses allowed with 19 the Southgate PUD. 20 21 b. Clearly specify the permitted and conditionally permitted accessory 22 structures allowed with the Southgate PUD. 23 24 c. Revise Development Standards to be consistent with approved Vesting 25 Tentative Map and Lot /Parcel Numbers, as amended by conditions of � 6 7 approval. 28 d. Future modifications to Unit Development Plan. A Conditional Use Permit 29 (CUP) approved by the Planning Commission shall be required for 30 Senior /Disabled housing on PEP site only if three -story buildings are proposed. 31 32 e. Lots 84 -101 and 129 -138 shall have minimum 17 -foot rear yard setbacks. 33 34 f. Side yard setbacks shall be a minimum of five feet, except on the street side 35 of a corner lot, where the "minimum side yard shall not be less than 10 feet. 36 37 17. Prior to the approval of Improvement Plans for the proposed development, the 38 applicant shall submit a plan that shall reflect the'approved Unit Development 39 Plan for the Southgate Planned Unit Development. 40 41 From the Engineering Division: 42 43 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: 46 47 Frontage Improvements 48 49 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. 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 06 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. 7 0 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. j 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 • 1 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 5 Standards shall apply to all common area, open space, park, and subdivision 6 perimeter landscaping, as well as single - family front yard landscaping. 7 8 49. Planting materials shall be selected and assessed using the California Department 9 of Water Resources' "Guide to Estimating Water Needs of Landscape Plantings in 10 11 California," or similar guide. Turf grass shall not be allowed in front yards. 12 50. The design water budget and landscape water requirements shall be established 13 for all proposed landscape areas and itemized on the Landscape Design Water 14 Budget Statement. 15 16 Final Map 17 18 51. Clearly and accurately show the boundary and dedications on the final map. 19 20 52. Provide a 10 -foot wide public utility easement on' both sides of all interior streets. 21 The width of the easement may be reduced, subject to agreement by all 22 affected public utility companies. 23 24 53. A final map technical review fee is due at final 'map application. 25 26 0 - 7 Miscellaneous 8 54. Parcels B -K shall be dedicated to the City of Petaluma. 29 30 55. Gas mains or underground electrical mains shall not be allowed on private 31 property beyond the standard 10 -foot public utility edsernent along the street 32 frontage. 33 34 56. Improvement plans and final map(s) shall be prepared according to the latest 35 City policies, codes, ordinances, resolutions and standards. 36 37 57. If the project is phased, each individual phase shall be designed to provide the 38 required utility services and street system independent of any other phase. 39 40 58. Detention pond maintenance shall include tasks and time intervals for inspection 41 and maintenance. 42 43 59. Formal application shall be filed for the abandonment of the Old Lakeville Road 44 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 4 6 8 9 10 11 12 13, 14 15 16 1 . 7 18 _l 9 20 21 22 23 24 25 26 27 28 29 30 31. 32 33 34 35 36 37 38 39 40 41 42 43. 44 45 46 47 48 49 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 • •