HomeMy WebLinkAboutAgenda Bill 3.A-Ord 06/07/2004y i
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EFFECTIVE DATE OF
ORDINANCE
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4 ORDINANCE NO. 2182 N.C:S.
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8 Introduced by Council Member Seconded by Council Member
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14 REVISED
15 REZONING DISTRICT
16 TO ALLOW THE DEVELOPMENT'OF A 'UNIT RES[OENTIAl. SUBDIVISION,
17 ACCESSED FROM CASELLA WAY AND YORKSHIRE ROAD, APN 137- 070 -079.
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19 BE IT ORDAINED BY THE COUNCIL OF THE CITY Of PETALUMA AS FOLLOWS:
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21 Section 1. The City Council. finds that the Planning Commission filed with the City
22 Council its report set forth in its minutes of May 13, 2003; recommending the adoption of
23 an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by rezoning
0 24 certain land being 'more particularly des "cribed as' Assessor"s Parcel No. 137- 070 -079
25 from A - Agricultural to PUD = Planned Unit District.
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27 Section 2. The City Council further finds that the Council held a public hearing on said
28 proposed amendment on July '14, 2003 and August 4 2003 after giving notice of said
29 hearing, in the manner, for the period and in the form, required by said Ordinance No.
30 1072 N.C.S., as amended.
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32 Section 3. Pursuant to the provisions of Zoning Ordinance Na. 1072,N.C.S., as amended,
33 the City Council finds as fol]ows:
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35 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and
36 rezone the subject parcel from Agricultural (A) to :Planned. Unit District (PUD) will
37 result in a more desirable use of land and a better physical environment than
38 would be possible under any single zoning district or combination of zoning
39 districts.
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41 The proposed uses comply with the Planned Unit District designation, which
42 allows inclusion 'within its 'boundaries of a mixture of uses, or unusual density,
43 building intensity or design characteristics, which would not normally be
44 permitted `in a single use district, and to govern the development of residential
45 projects. Ad'dition_dlly, this. proposal incorporates the policies and guidelines of
46 the PUD- PlannedUnit District of Article 19A of the Zoning Ordinance.
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1 2. The. public necessity, convenience and welfare clearly permit and will be
2 furthered by the proposed Amendment to the Zoning Ordinance, reclassifying
3 and rezoning the Gatti nursery site to Planned Unit District.
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5 The Planned Unit District Development Guidelines describe permitted and
6 conditional uses as well as those that would not be allowed to be established at
7 this location. This specific list of uses prevents the creation of any nuisance to the
8 existing surrounding uses.
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10 3. The requirements of the California, Environmental Quality Act (CEQA) have been
11 satisfied through the preparation of an. Initial .Study and the drafting of a
12 Mitigated Negative Declaration to avoid or reduce to a level of 'insignific'ance,
13 potential impacts 'generated by the proposed Gatti Planned Unit District.
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15 In compliance with the requirements of the California Environmental Quality Act,
16 an Initial Study was prepared �f.or the rezoning of the site from Agricultural (A) to
17 Planned Unit District (PUD). Based upon the Initial Study, a determination was
18' made that no significant environmental impacts, would result. A copy of this
19 notice was published in the Argus- Courier and provided to residents' and
20 occupants within 500 feet of the site, in compliance with CEQA requirements.
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22 Section ;4. Pursuant to the provisions of Zoning Ordinance No. 1072 'N.C.S., and based
23 upon, the evidence it received and in accordance with the findings made, the City
24 Council, adopted Ordinance 2160 effective September 18, 2003, an. amendment to
25 said Zoning Ordinance No. 1072 N.C.S., so as to rezone said property herein referred to,
26 in accordance with. the recommendation of the Planning Commission and subject to
27 the conditions attached herein.
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29 Section 5. Pursuant to the provisions of Zoning. Ordinance No._ 1072 N.C.S., and based
30 upon thet evidence it has received and in accordance with the findings made, the City
31 Council revises the conditions of Ordinance 2160, so as to allow the townhouse site plan
32 modifications as reflected in - separate Resolution 2004 - 076 N.C.S., which upholds the
33 applicant's appeal of the January 2, 2004 SPARC. denial with the adoption of
34 conditions.
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36 Section 6. .The City Clerk is hereby directed to post this Ordinance for the period and in
37 the manner required by the City Charter..
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39 CONDITIONS OF APPROVAL
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41 From the City Council
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43 1. Prior to Site Plan and Architectural Review Committee review, the plans shall be
44 revised' to show 8 single -story detached homes abutting the Buckingham Lane
45 residences. That lot most in line with Road C (lot 4 or lot 5) and lot 8 shall be
46 designed to utilize side entry garages. Thus, the project shall consist of 46 single -
47 family detached homes and 46 townhouse units.
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Ordinance No. 2182 N.C.S Page 2
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RIG RIG19 GPPFGV Design • • layout of - "townhouse pa
• -• between • • - • • 20 shall be subject fo e
3. Prior to SPARC review, the southeasterly eight parking spaces on the park side of
Casella Way shall be eliminated. This will result in fifteen 90- degree parking
spaces on the park side of Casella Way.
4. Prior to SPARC review, the-plan shall be modified to show concrete pads four to
five feet wide from the existing gates in the' Capri Creek Apartment's fence to
the public street.
5. Prior. to SPARC review, the plan shall be modified to show an extension of the
Class 1 creek side. -path stubbed out to the SRJ;C property line, approximately in
line with the intersection of new public Roads :C and D.
6. Prior to Phase 2 Final Map approval, the applicant shall set up a financial
mechanism to ensure perpetual maintenance for °the townhouse land owned in
common including Parcel. B (the private alleys)" -the` townhouse park, and
sidewalks /pathways, subject to review and approval by the Community
Development Department.
From the Planning Division (7.78 -4301
7. Before issuance of a building permit, the applicant shall revise the site plan or
other first sheet of the office and job site copies of the Building Permit plans to list
these Conditions of,Appro.y as notes.
8. The plans submitted for; building_ permit review shall be in substantial compliance,
except as conditioned, with the Development 'Plan dated May 6, 2004 �, , �5,
2883 and the Tentative Map dated June 25, 2003:
9. All mitigation; measures adopted in conjunction with the Mitigated Negative
Declaration for the Gatti nursery project are herein incorporated by reference as
conditions of project approval.
10. Upon approval by -the City Council, the applicant. shall pay the $35.00 Notice of
Determination fee to'the Planning Division. The check shall be made payable to
the County Clerk. Planning staff will file :the.Notice of Determination with the
County Clerk's Office within five (5) days after receiving Council approval.
Ordinance No. 21'82 N.C:S Page 3
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11. SPARC, shall review site plan design, builclingi and accessory structure design, PUD
Guidelines, ,colors and materials, landscaping, fencing style and location, and
lighting. Particular attention shall be paid to the design of the middle townhouse
unit, houses 1 -8, and to all corner homes and townhomes.
12. Prior to SPARC review, the plans shall reflect elements (both on the ground plane
and 3- dimensional) that.clearly delineates /differentiates 'the `private alleys from
the public streets, specifically Casella, Yorkshire, and Belgrave Drive /Road E.
13. Prior to SPARC ,review; the plans shall depict a pedestrian /bicycle bridge over
Capri Creek at Casella Way.. The improvement plans shall show this 'bridge.
Bridge specifications shall also be provided to .SPARC. The exact location of the
bridge shall be reviewed and approved by the Parks Department and, the
Petaluma administration of the SRJC, Two years from the date of SPARC
approval, if delays occurred in determining the precise location of- the bridge
and the developers have been unable to construct the bridge, the bond shall
be replaced with cash.
1.4. Prior to SPARC review, the plans shall depict a Class I path along the entire
project (from Sonoma Mountain Parkway_ to the urban separator) adjacent to
the creek. The Improvement plans shall show this path'. Pursuant to the Parks
Department, the path shall be a minimum eight feet wide, and constructed of
concrete. Two years from the date of SPARC, approval; if the Parks Department
is. not ready for the path to be constructed; the bond shall be replaced with
cash. The-Improvement plan shall show the removal of the existing driveway
paving at Sonoma Mountain - Parkway. A bike rack shall be :shown to the
immediate south of and inline'with the existing bus shelter.
1.5. Prior to SPARC review, the plans shall show at least 3 six -foot long benches along
the urban separator. Specifications on the benches shall also be provided to
SPARC.
16. Prior to SPARC review, the plans shall .show the specifications and proposed
location of a sign along Sonoma Mountain Parkway identifying the creek path
and the connection to the urban separator path.
17. 'Prior - to Phase 2 Final Map /Improvement Plan approval SPARC °�.! , an exterior
lighting plan shall. be suteRi4ed reviewed and approved by SPARC. Said plan
shall include a detail of the types of all 'fixtures to be installed for review and
approval. All lighting shall be hooded and project downward, providing a soft
"wash" of light. No lighting on the site shall create a direct glare into
cyclist /pedestrian'eyes.
1.8. Prior to Certificate of Occupancy of 80% Hof Units, the landscape -plan shall be
Modified to address 'improvements to the pond as determined by the
C=ommunity Development Department, Parks Department, and Water Resources
Department. Immediately after demolition of the greenhouses; the developer
will construct temporary security fencing around the pond.
Ordinance No. 2182 N.C.S Page 4
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" 2' 19. Prior to Final Map /Improvement Plan approval, the plans shall be modified to
3 show a sidewalk separated from the street by at least a 4 -foot wide planting strip
4 along all public streets, except that the planter strip abutting Capri Creek
5 Apartments on Yorkshire may be split by the sidewalk'and that Belgrave /Public
6 Road E is not required to have a sidewalk on the northwest side of the street and
7 is only required to have: a 3 -foot wide planter strip on the southeast side of the
8 street.
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10 20. Prior to final Map /Improvement Plan approval, the .house and porch of all Lots 49
11 shall be outside of the FEMA 100 -year boundary,
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13 21: Prior to Phase .2 Final Map/Improvement Plan approval, the improvement plans
14 shall depict signage on the park side of Casella 'Way indicating that those
15 parking spaces, during daytime hours (6:00 AM to 5:00 PM), be restricted by time,
16 pursuant to the Parks Director.
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18 22. Prior to Final Map /Improvement Plan approval, the improvement plans shall
19 show the addition of a pedestrian warning sign at "the Riesling Road mid - block.
20 crossing for westbound traffic. The sign shall be installed in the existing median so
21 as to be more visible to through traffic on Riesling Road.
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23 23. Prior to Final Map /Improvement Plan approval, the improvement plans . shall
4P'24 show the extension of purple piping (to carry recycled water) into the townhouse
25 park. (See also Condition 64 b9.)
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27 24 Prior to Final Map approval; that map shall be submitted to the Community
28 Development Department Engineering Division as both CAD data and scanned
29 images. Prior to Improvement Plan acceptance, "as built" improvement plans
30 shall be submitted to the City as CAD data and scanned images.
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32 25. Prior to Final Map /Improvement Plan approval, the applicant shall work with City
33 staff regarding the transition between the` proposed project and the new 7 - acre
34 park.
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36 26. Prior to Final Map /Improvement Plan approval, a Landscape Assessment District
37 -. shall be submitted ' the Planning Division and the Parks- and. Recreation
38 Department. for their review -and acceptance. The LAD shall be formed for the
39 rndintenan:ce of landscape in 1) the Capri Creek area northeast of Casella Way
40 from back of curb to top .of .bank; 2) the Urban Separator from property line to
41 property line, 3) the landscape strips, without residences' directly , to their rear
42 to care for them "such as the two areas abutting Capri Creek apartments along
43 Yorkshire ,Road and-Belgrave /Public Road.'E. (See also Condition 2.)
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45 27. Prior to ;issuance of a, grading permit for work' within any channel, the applicant
4 roof of corn Ilan e the p
Streambed Alteration AAgreement and
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46 � p a rovide I p co _ ; of the P rot co nditions. Removal and replacement of
48 the non - native trees and abridge shall'be the only in- stream channel work, shall
Ordinance No. 21182 N.C.S Page 5
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1 be limited to the dry season, and shall be performed in accordance with
2 conditions specified by the Department of Fish and Game in a Streambed
3 Alteration Agreement.
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5 28. Prior to issuance of a grading or building permit, a Construction Logistics Plan
6 shall be submitted by the applicant for review and approval by the Community
7 Development Department. It shall describe construction vehicle routes_ and
8 these routes shall use the existing Gatti driveway to the full extent feasible.
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10 29. Prior to certificate of occupancy of 80% of units, all trees referred to in..the arborist
11 report and on. the property to be dedicated to the City shall be removed (as
12 they are inappropriate species and /or diseased) and all stumps ground.. Also,
13 prior to certificate of occupancy of 80% of units, these trees shall be replaced
14 with appropriate species along the creek, the pond, and -the urban, separator as
15 approved by SPARC.
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17 30. In the event that archaeological remains are encountered during .grading work
18 shall be halted temporarily and a qualified , archaeologist shall be consulted for
19 evaluation of the artifacts and to recommend future action. The local Native
20 American community shall also be notified and consulted in the event any
21 archaeological remains are uncovered.
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23 31. All construction activities shall be limited to 7:30 a.m. to 5:30 p:m. Monday
24 through Friday. Construction and related activities shall be prohibited on
25 Saturdays and Sundays and all holidays recognized by the City of Petaluma,
26 unless a permit is first secured from the City Manager (`or his/her designee), for
27 additional hours. There will be no start up of machines nor equipment prior to
28 8:00 a.m., Monday through Friday; no delivery of materials' nor equipment prior to
29 7:30 a.m.. nor past 5 :00 p-.m., Monday through Friday; no servicing of equipment
30 past 5 :30 p..m_ Monday through. Friday: Plans submitted for City permits shall
31 include the language above.
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33 32 All construction equipment powered by internal combustion equipment shall be
34 properly muffled and maintained to minimize noise. Equipment shall be turned
35 off when not in use,
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37 33. Construction maintenance, storage, and staging areas for construction
38 equipment shall avoid proximity to residential- areas to the maximum extent
39. practicable,.. Stationary construction equipment,. such as compressors,. mixers,
40 etc., shall be ;placed away from residential areas and /or provided with
41 acoustical` shielding,. Quiet construction equipment shall be used when possible.
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43 34. Construction and demolition debris shall 'be recycled to the maximum extent
44 feasible in order to minimize impacts on the landfill.
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46 35. The, applicant shall be required to utilize: Best Managemept Practices regarding
47 pesticide/herbicide use and fully commit to Integrated Pest Management
48 techniques for the protection of pedestrian /bicyclists. The applicant shall be
Ordinance No. 2182 N.C.S Page 6
• 1 required to post signs when pesticide /herbicide use occurs to warn pedestrians
2 and bicyclists.
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4 36. Prior to issuance: of a building permit, the plans , shall be modified to
s accommodate recycling containers in the interiors of the units.
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7 From the Engineering Section (778 - 4304):
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9 Prior to Final Map /Improveiment Plan approval, the following Engineering conditions
10 .shall be met.
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12 37. Except as provided in Condition 13, all public streets shall have sidewalks on both
13 sides of the ,.street with pedestrian- ramps at corners, intersections and
14 connections from streets to paths. All public streets shall have a minimum width
15 of 32 -feet with, parking on. both sides or 28 -feet with parking allowed on one side
16 of the street only if houses are limited to one side. No parking areas shall be
17 indicated with.red curb. and signs. Public street right -of -way dedication shall be
18 separate from Parcel A. .Provide knuckles - at 90- :degree street corners (4
19 locations). Asphalt thickness shall be a minimum of 4- inches. Streetlights shall
20 conform to City standards and the Ely /Corona Specific Plan. The common area
21 shall not extend into thet public right -of -way on 'Belgrave /Road E, Casella Way
22 and Yorkshire Road.
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10 24 38. The right -of -way of Belgrave /Public Road E shall include #lie sidewalk and
25 driveway approaches or other design subject to the review and approval by the
26 City Engineer = ; r,rvr�ir,rY +.V iii `ho +,.,00r, at townhouse
27 units 74 �z4 14, 1:5, and' 16.
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29 39. A cul -de -sac shallbe constructed at the end of Casella Way. This cul -de -sac
30 may be the minimum., allowable size and does not' have :to accommodate the
31 ladder truck. The street right -of -way on. the park side of Casella Way shall be
32 dedicated by separate document from the City of Petaluma and recorded
33 simultaneously with the Phase' I Final Map.
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41 40. If the project is phased, each individual phase, shall be designed to provide the
42 required utility services and street system independent of any other phase.
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44 41. All private streets'shall have neckdowns at all ingress /egress points subject to the
45 review and approval !by the City of Peaaluma. All' private streets shall be signed
46 "private','. Rolled curbs.shall not be allowed.
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Ordinance No. 2182 N.C:S Page 7
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42.
Public access shall be provided over the entirety of all private streets, the
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proposed park and alleys /walkthroughs within the townhouse area between lots
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3 &4, 10& 17, 19&20,25&26,36&37,39& ' 40, 14 &8,9;10 and 16& 17, 1'8;19. Easements
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for p'ublic/private utility purposes shall e provided.
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43.
The street system located within the townhouse area shall consist of the following
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(see Development Plan dated May 6, 2004).
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a. A 24 -foot wide (typical) private street .(herein described private road one)
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parallel to Belgrave .Drive from the end of the conditioned cul -de -sac at the
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project end of Casella Way to its intersection with Yorkshire Road shall be
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constructed.
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b. Two 20 foot wide (typical) private streets perpendicular to and connecting
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private road one mentioned above and Belgrave Drive shall be constructed
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in similar locations as the proposed private alleys shown on the tentative
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map.
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44. Traffic calming measures shall be implemented for private road one. Traffic.
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calming measures shall be designed by a registered Traffic Engineer and are
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subject to the.review and approval by the City of Petaluma.
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44- Grading .and site preparation shall conform to the soil investigation report
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prepared for this subdivision. Erosion control. plans shall be prepared as part of
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the improvement plans. A storm water pollution prevention plan, (SWPPP) shall be
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prepared and a notice of intent (NOI) shall be filed. Moisture barriers shall be •
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installed along the curb on the park side of Casella Way, on the creek side of
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Norfolk Drive /Road D and on the urban separator side of Lennox.Drive /Road B. .
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46.
42-.A vehicle barrier shall be installed between the public streets and parcel A. A
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removable vehicle barrier shall be installed. at the access point to the 12 feet
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meandering path. This vehicle barrier shall be subject to SPARC review and
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approval..
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43- All hydrologic, hydraulic, and storm drain system design shall be subject to
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the review and approval of the Sonoma County Water Agency.
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44: The. proposed wafer main system shall be capable of delivering a continuous
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fire flow as required by the Fire Marshal's office.
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45: Water service laterals shall be 1.5 -inch diameter with 1 -inch water meters
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50.
46, Any existing overhead utilities on the property shall be placed underground
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or removed.
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51.
47, Install a stop sign and crosswalk :at all ,fee ,intersections of public and private
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streets ,. Install crosswalks at connections to the meandering path on
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Norfolk Drive /Road D and at the end of Casella Way. Ped xing signs shall be
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installed at all crosswalks without stop signs. A crosswalk shall be located on •
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Casella Way at the intersection of Belgrave Drive /Public Road E to access the
Ordinance No. 2182 N.C.S Page 8
Ordinance No_ . 2182'N.C.S` Page 9
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future park. Connections to meandering sidewalks on Lennox Drive /Road B shall
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be moved to align with the - extension of the sidewalk at the corners.
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52.
49, CC &R's for the townhouse common area shall define maintenance
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responsibility for the private streets, alleys and utilities.
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53.
49, The developer shall pay °'a fee for review of the technical correctness of the
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Final Map.
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54.
59, Improvement Plans and Final Map shall be prepared according to the latest
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City ordinances, resolutions; codes; policies and standards.
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From the Fire Marshal (778
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55.
54- Prior to Final Map /Improvement Plan .approval, no on- street parking space
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shall be shown that restricts the turning radius of the aerial ladder truck.
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56.
5.3 All townhouse units shall have fire sprinkler systems designed and installed in
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accordance with NFPA f3-'`D. TGWRhG,QSO UR494,2411FPUgh 35 ShGII be requi
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57.
54: In all Ether single family dwelling units' provide fire sprinkler systems designed
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and installed in accordance with NFPA 13 =D; including bathrooms over 55 square
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feet, closets over.24'square feet or 3' feet deep, and other attached structures.
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These systems shall be calculated for two, head activation for the most remote
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two heads.
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58.
55. Activation of the fire. sprinkler system shall sound an interior alarm that will
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notify normally occupied spaces.
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59.
56: Prior to, issuance of a - building, permit proof that required fire flow is available
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shall be supplied to the Fire Marshal. The minimum fire flow for this project is -
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1 GPM at '20 ipounds residual per square inch.
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60.
5-7L Prior to ,certificate of occupancy -of 807-o of units, all curbs not depicted for on-
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street parking spaces on sheet C2 shall be painted red and no parking signs
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installed. Where no curb exists, signs approved by. the: Fire Marshal shall be
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installed.
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Ordinance No_ . 2182'N.C.S` Page 9
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61. 58, Prior to Final Map /improvement Plan approval, the following .modifications to
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fire hydrants shall be shown on the plans: (see the Planning Division file for plans
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red lined by fire)
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a. Move the hydrant on the creek side of Norfolk /Public Road D (opposite Lots
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20 and 1;924-) southwest 70 feet.
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b. Add hydrant on the urban separator side of Lennox /Public Road B (opposite
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the shared property line of Lots 17 and 16 4-9).
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From the Water *Resources and Conservation Department (778 -4304
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62. 5-9L. Prior. to Final: ap/Improvement Plan approval, a rainfall'/stream ,gage station
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to supplement the City's existing network shall be shown on the pedestrian
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bridge crossing Capri Creek. The station requires an electrical connection and
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shall be subject to the approval of the WRC Department. WRC shall maintain
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the station.
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63. 60 Prior to Final Map/lmprovement Plan approval, those plans shall show , the,
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addition of purple 'piping at.or adjacent to the. creek side path from the Urban
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Separator to Sonoma Mountain Parkway pursuant to the WRC`s recycled wafer
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pipeline map and guidelines. (See also Condition 23.)
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64. 6a- This project shall comply with the City's Landscape Water Efficiency
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- St
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65. 6-2-.,Prior to. Final Map /Improvement Plan approval:
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a. The 12" diameter water main stub for the. future connection af'the northeast
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corner of fhe project requires an isolation valve.
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b. All water valves shall be installed per Standard No. 871.00.
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c. The utility plan should be revised to show the proposed water meter locations
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for the new layout, which shall be subject to the review and approval of the
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WaterResources Department. The meters placed in the private alley shall be
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designed for traffic loading with �� f ° + "�� 35 will re. ro overlapping
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steel lids (with integral reader lids) if +ham The meters for lots 22;4- through
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28 44 should be behind the Yorkshire Road curb, and the meters for lots 1 46
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through 7 46 should be behind the curb on Casella Way. The park area
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requires a separate irrigation meter and backflow prevention device in
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accordance with Standard No. 876.01, and, other applicable_ standards.
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d. - The new water service sizes will be determined by the Fire Department
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requirements. The maximum flow requirements will determine the meter sizes.
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If the new 1 -1 /2" x 1 " water meter is required, a Christy N -30 (or approved
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eq u al) meter b ox is required.
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e.. Manhole spacing shall comply with the City's subdivision design criteria.
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66. 43: The applicant shall defend, indemnify, and hold harmless the City or any of its
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boards, commissions, agents, officers, and employees from any claim, action or
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proceeding against the City, its boards, commission, agents, officers, or
'the
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employees to attack, set aside, void, or annul, approval of the project when
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such claim or action is brought within the time period provided for in applicable
Ordinance No. 2182 N.C.S Page 10
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State and /or local statutes. The City shall promptly notify the applicants of any
such claim, action, or proceeding. The. City shall coordinate in the defense.
Nothing contained in this condition shall, prohibit the City from participating in a
defense of any claim, .action, or proceeding if the City bears its own attorney's
fees and costs, and the City defends the action in good faith.
MITIGATION MEASURES
All Mitigation Measures adop''ted in conjunction with the Gatti Subdivision Mitigated.
Negative Declaration which are identified in the Initial Study for the Gatti Nursery
subdivision are herein incorporated.
IF ANY SECTION, subsection, ,sentence, clause or- phrase or word of the Ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council.'of the City of'Petaluma hereby declares that it would
have passed and adopted this` Ordinance and each and all provisions thereof
irrespective of the fact , that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
INTRODUCED and ordered, posted /wed this 17th day of May 2004.
ADOPTED this day of 2004,, by the following vote:
AYES:
NOES:
ABSENT:
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Gayle Petersen, City Clerk
Richard R. Rudhansky, City Attorney
Ordinance No. 2182 N:C.S
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