HomeMy WebLinkAboutAgenda 3.B 06/21/2004CITY OF;PETAL,UMA, CALIFO"IA @ emu,
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F� Agenda" Title: Resolution Approving the Phase. I FinalMai) for the, Meeting, Date'. June 21, 2004
Stratford Place/Gatti Subdivision. .
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Meetin Time: Q 3:00 PM'
�:.
❑ 7:00 PM
Category (check one): Ri9Consent Calendar El Public 'Hearing ❑ New Business
❑ Unfinished Business
Department
Comm. Dev.
Cost of Proposal: N/A
Amount Budgeted: N/A
❑ 'Presentation
Director:
Mike Moor
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Attachments to Agenda Packet Items
Contact -.Person::
Curt Bates
Phone Number:
778=4311
Account Number: N/A
Name of Fund: N/A
Draft Final Map Approval Resolution
Vicinity Map
Phase Map
Resolution No. 2003-158 Approving.a Mitigated Negative Declaration for the Gatti Subdivision
Resolution No. 2003-159 Approving -a Vesting Tentative Map for iheGatti'Subdivision
Resolution No. 2003-160 Approving PUD Development Guidelines for.the, Gatti Subdivision
Resolution No. 2004-043 Authorizing Grading prior. to :Final -Map Approval for Stratford Place Subdivision
Resolution No. 2004-076 Upholding the appeal by Delco Builders of SPARC'S Decision to Deny the
Stratford Place Subdivision
Ordinance No. 2160 Approval of a Rezoning to Allow a 92=Unit Residential Subdivision
Summary Statement:
Stratford Place is a 92-lot subdivision on Sonoma Mountain Parkway near Casella Way and Yorkshire
Road. The subdivision received tentative map approval on -August 4, 2003. On April 5, 2004, the City
Council approved resolution 20.04-043' therein authorizing the developer to commence rough site grading
prior to final map approval. Rough grading; for the project has been completed. The City Council also
approved resolution 2004-076 upholding the appeal by Delco Builders of the Site Plan and Architectural
Review Committees (SPARC) decision to deny the SPARC application. The developer is requesting
approval of the Phase I final map.
is Recommended' City Cauneil Action/Sugeested Motion:
Approve Phase I Final Map.
Rq' iewkd bvXinance,Director: Review t snev: Approv8d by City Manager:
" /l/ Date:
4 a e:W�b
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Todat'il)kd v Revision # and Date Revised: Pile -Code:
p June 4; �L004� # S;\CC-City Council\Reports\Gatti phase I final
map,doc
CITY OF XL T ALJMA, CALIF0RN,1A
JUNE 21, 2004
AGENDA REPORT
FOR
RESOLUTION APPROVING 'THE' PHASE I FIN°AL.MAPXOR THE STRATFORD PLACE/GATTI,
11�!' SUBDIVISION
EXECUTIVE SUMMARY:
Stratford Place is a 92-lot subdivision on Sonoma Mountain Parkway,near Casella Way and Yorkshire
Road. The. subdivision received tentative map approval on August 4, 2003. On April 5, 2004, the City
Council approved resolution 2004-043 therein authorizing the developer to'' commence rough site
grading,prior to final reap approval. Rough grading for the project<ha's been completed. The City
Council also approved resolution 200.4-076 upholding the appeal by Delco Builders of the Site Plan and
Architectural Review Committees (SPARC) decision to deny the �SPARC application. The developer is
requesting approval of the Phase I final map.
2. BACKGROUND:
The project developer, Delco Builders, is requestingPliase I final map approval for'the project. The final
map, improvement plans and landscape plans have been designed, to comply with all conditions of
approval set forth in the tentative map approval resolution, other project related legislation as well as all
Spertinent City standards.
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The developer has phased the project into two final maps. The City of Petaluma Municipal Code and
State Subdivision Map Act.allows for phasing final maps, if the approved tentative map clearly indicated
the proposed phasing scheme. The approved tentative map for the proj ect clearly indicated two distinct
final map phases. Therefore, phasing the project is acceptable. The primary reason for phasing the
project was to preserve as much of the 2004 construction season as possible for Phase I improvements.
Recent changes to the'townhome areas that the City Council approved under resolution 2004-076,
resulted in a one to two.month plan delay for the Phase II project area. Phase I consists of the 46 single
family dwelling lots and thexemainder of the project, excluding the townhome area. The Phase II final
map will consist of the 46 townhome lots (see attached- site map.) Staff anticipates that the Phase II final
map will be ready for City Council approval consideration in July or August of this year. All conditions
of approval°and mitigation measures affecting the Phase I'final "map have been satisfied.
ALTERNATIVES:
Disapprove4he Phase I final map. Section 6645:8(a) of the State Subdivision Map Act states that the City
Council shall approve a .final map if it conforms to all the requirements of the map act and the local
subdivision ordinance 'applicable at the time of approval or conditional," approval of the tentative map and
any rulings: made thereunder. If the" final map does not conform, the City Council shall disapprove the
map.
4. FINANCIAL IMPACTS:
The developer has posted bonds and agreements to complete the public improvements, estimated to be
$1,086,844.00. The developer is responsible for all costs of public improvements and, once completed
.and accepted by the City, the in provements:will be dedicated to the City for maintenance., There is no
cost to the City for construction of public improvements other than plan review and inspection services
by Citypersonnel. This plan review and inspection cost is covered by ,the Engineering ,fees already
collected with the project application (2% of the estimated $1,086,844.0&= $21,737.00 paid to the City
for inspection and plan review).
5. CONCLUSION:
The developer has met all the requirements of the City to obtain City Council final map approval. Once
the final:map is ,approved, construction, in addition to the previously authorized grading, should
commence immediately.
6. OUTCOMES OR.PERFORMANCE MEASUREMENT817HAT WILL IDENTIFY SUCCESS OR'C0M- PLETION: •
N/A
7. RECOMMENDATION:
Staff recommends that the City Council adopt a- resolution approving the Phase Lfinal map for the •
Stratford Place/Gatti Subdivision.
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SACC-City'Council\Reports\Gatti phase I final map.doe
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020
DRAFT RESOLUTION
APPROVING THE PHASE I FINAL MAP
FOR STRATFORD PLACE/GATTI SUBDIVISION
WHEREAS, the Community Development Director and, the. City Engineer have reviewed the
Phase I final map of the Stratford Place/Gatti Subdivision and have reported it to be in
conformity with the Subdivision Ordinance, and such , reports have been forwarded to and
reviewed by this Council; and,
WHEREAS,the certifications required by law have been endorsed on said map; and,
WHEREAS, this Council finds that the Phase I final map conforms to the requirements of this
City's Subdivision Ordinance and is consistent with, and conforms to the general plan for the
area; and,
21 WHEREAS, this Council finds the Phase I final map is in substantial compliance with the
22 , vesting tentative map previously approved for the subdivision by Resolution No. 2003-159
23 N.C.S., the findings of which are hereby incorporated by this reference as if fully set forth
24 herein.
25
26 NOW, THEREFORE, BE IT RESOLVED;
27
28 1. That said Phase I final map of the Stratford Place/Gatti Subdivision is hereby approved,
29 provided that the conditions, which have been previously set forth in said Resolution No.
00 2004-159 N.C.S., incorporated herein by reference; ,shall 'be carried out; and,
1 2. That upon execution of the Subdivision Public Improvements Agreement in the form
2 approved by the City Attorney,, and the furnishing of the required improvement security
3 and insurance; approved as to form by the City Attorney and as to sufficiency by the City
.4 Manager, the City Clerk is hereby authorized and directed to sign the certificate on said
5 Phase I final. map certifying that the City Council has approved the same and' accepted. all
6 streets and other dedications thereon. The City Clerk shall thereupon ;cause said Phase 1
7 final map to be recorded in the Office of the Sonoma County Recorder.
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11 SACGCity Council\resolutions\Siratford Place - Gatti Pase I FM Reso.doc
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Resolution No.2003-158N.C.S.
of the City of Pe'talurna, California
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
FOR A 92-UNIT RESIDENTIAL. SUBDIVISION,
ACCESSED FROM CASELLA WAY AND' YORKSHIRE ROAD, APN 137-070-079.
WHEREAS, an, Initial Study„was prepared and ;the results of the study indicated that the
proposed Gatti subdivision project, as mitigated, will not cause any significant adverse
environmental impacts; and,
WHEREAS, the Planning Commission of the City of Petaluma held a public hearing on
April 8, 2003 and May 13 2003,, on the subject application, heard testimony and concluded that
the findings and conditions as amended were adequate and recommended to the City Council
approval of the proposed development; and,
WHEREAS, the City Council considered' the Gatti subdivision proposal at a public
hearing on July '14, 2003 and .' August 4, 2003 and considered all written and verbal
communications concerning potential.'environrnental impacts resulting from the project before
rendering a decision.
NOW, THEREFORE, .BE IT RESOLVED that the City Council approves a Mitigated
Negative Declaration subject to the"following Findings and'Miiigation Measures:
Findings for Approval of a Mitigated Negative Declaration:
1. An Initial Study was prepared and demonstrated that there is no
substaiiiial-evidence that supports a fair argument that the project, as
conditioned, would have a significant effect on the environment.
2. The project does not have the -potential to affect wildlife resources as
defined ,in, the State Fish and Game Code, either individually or
cumulatively; .and is exempt from Fish and Game filing fees because it is
proposed on a small, undeveloped site surrounded by development with
none of the resources as defined in the Code.
3. The project isnot�,located on a site listed on any Hazardous Waste Site List
compiled 'by the State pursuant to Section 559623 of the California
Government Code.
4. The Planning Commission reviewed the Initial Study and considered
public comments before making a recommendation on the project.
5. A.Mitigation Monitoring Program has been prepared to ensure compliance
with the adopted mitigation measures.
Resolution No. 2003-158 N.C.S'.
REFERENCE
AYES:
NOES-
ABSENT -
ATTEST:
6. The record of proceedings of the decision on the project is ,available for
public review at the City of Petaluma Planning Division, City 'Hall, 11
English Street, Petaluma, Cal'ifomia.
Mitigation Measures
All mitigation measures, as identified in the Initial Study for the Gatti Nursery
subdivision proposal, are herein incorporated.
Under the power and authority conferredi upon this:Council-by the Charter:of!said City.
T hereb}' certify the °foregoing Resolution was introduced and adopted by the
Council of the: City. of Petaluma at a, (Regular), (Adjourned) (Special) meeting
on the ...:40............ day of ........ August ....... ._.._........................ 20- , by the
following vote:
Canevaro, Mayor Glass, Harris,, Healy, Moynihan, Vice.Mayoi O'Brien, Torliatt
None
None
...............................................................__.... . ..'...
City Clerk
Council rile ..................... :.............
Res No..: ..... 2003,_15fl,,,;,..,N.C.S.
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Approved astto
m
.........: :............... ......
City Attorney
,..................................
Mayor
Resolution No.2003-159N.C.S.
of the City of Petaluma, Califfomia
APPROVAL OF A VESTING TENTATIVE, SUBDIVISION MAP
FOR A 92-UNIT RESIDENTIAL 'SUBDIVISION,
ACCESSED FROM CASELLA WAY AND YORkSHIRE ROAD,
APN ,13 7-070-079,.
WHEREAS, by action taken on May 13, 2003, the Planning Commission considered
the proposal and forwarded a ,recommendation to the City Council to approve the Vesting
Tentative Subdivision Map; and,
WHEREAS, the City Council finds 'that the requirements of the California
Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial
y p P ,p 2003-158 N.C.S'., approving a Mitigated Negative
Stud and adoption of Resolution No.
Declaration to address th
e s ecific im acts' of the Gatti subdivision; and,
WHEREAS, by Ordinance No. 2160 N.CS,.,Assessor's Parcel Number 137-070-079
comprising 17.17 acres, has been rezoned to PUD; and,
WHEREAS, the City Council'hel'd°a. public, hearing cn'the proposed project on July 14,
2003 and August 4, 20,03, after .;giving -notice of said `hearing, in the. manner, for the period, and
in the form required by Ordinance'No. 10,72 N.C.S., as' amended and,
WHEREAS, the'City Council has considered the Vesting Tentative Subdivision Map.
NOW, THEREFORE, BE` IT RESOLVED that the City Council approves a Vesting
Tentative Subdivision Map "subject to the following Finding s; Conditions, and Mitigation
Measures:
1. The proposed Vesting Tentative Subdivision Map, as conditioned, is consistent
with the provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision
Ordinance) and the State'Subdivision Map Act.
2. The proposed subdivision, together with provisions for its design and
improvements, is cgnsis_tent with .the General Plan, and will not be detrimental to
the public health, safety, or welfare in that adequate,public facilities exist or will
be installed, including toads, sidewalks, water, sewer, storm drains, and other
infrastructure.
3. 'The' site is physically suitable for the density and the type of development
proposed.
4. The de „ signof the subdivision and the proposed improvements will not cause
substantial environmental damage, and that no substantial or avoidable injury will
Resolution No. 2003-159 N.C.S.
occur to fish or wildlife or their habitat. An Initial Study was prepared indicating
that, there would 'be no significant, unmitigatable environmental impacts.
CONDITIONS OF APPROVAL,
.All conditions adopted in conjunction with the Gatti Rezoning to Planning Unit
Development are herein incorporated by reference as conditions of project approval.
MITIGATION MEASURES
All Mitigation Measures adopted.in conjunction with the.Oatti Subdivision Mitigated
Negative Declaration, which are. identified in the. Initial Study for the Gatti Nursery.
subdivision, are herein incorporated.
s
Under the power and authority conferred upon this Council by. the Charter of,said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved a.Ao
Council of.the'City of'Petaluma at a (Regular) (Adjourned) (Special) meeting orm
on the ....:.:..��..... ........ day or :..:....August....................:............I 20.03, •by the'
following .voter........,�.......... :::...........
City Attorney
AYES: Canevaro; Mayor Glass, Harris, Healy, Moyriihan, Vice Mayor ,O'Brien, Torliatt
NOES: 'None
c
ABSENT: None
ATTEST: 1,..,X ' ."11......:.........:.......... �"�':—....... r:.. .c. �'/................................
City Clerk Mayor
Council File ....................... :...........
Ices No. ....... 2Q03-1,59........N.C'.S.
Resolution No.2003 46ON.C.S.
ire
of the City of Petaluma, California
APPROVAL OF THE
PLANNED UNIT DISTRICT'DEVELOP,,MENT„GUIDELINES
FOR GATTI °SUB DIrVISION, ALLOWING FOR DEVELOPMENT OF
A 92-UNIT RESIDENTIAL SUBDIVISION,
ACCESSED FROM° CASELLA WAY ANDYOR1KSHIRE ROAD,
`.APN 137-070-079'
WHEREAS, by action taken on May 13, 2003; the Planning Conunission considered the
proposal and forwarded a recommendation to the City "Council to approve the PUD Guidelines;
and,
WHEREAS; the City,, Couricil ;finds, that the 1,requirements of the California
Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial
Study and adoption of Resolution. No. 2003-158 N.C.S., approving a Mitigated Negative
Declaration to address the specific impacts of the Gatti subdivision; and,
WHEREAS, by Ordinance No:_ 2160,`N,.C.S. the City Council has rezoned to PUD
Assessor's Parcel Number 137-070=079, comprising 17.17 acre; and,
WHEREAS, the City Council held a public hearing on the proposed project on July 14,
2003 and August 4, 2003, after giving notice of said hearing, in therm_ anner, for the period, and
in the form required by Ordinance,No. 1072 N.C.S., as amended; and.
WHEREAS, the City Council has considered fthe proposal to adopt Planned Unit
District Development Guidelines, as 'revised or modified.
NOW, TAE'REFORE, BE'�'IT RESOLVED,, that ,the City Council approves the PUD
Development Guidelines subject to the following Findings, Conditions, and Mitigation
Measures:
1. The adoption, of the PUD Development Guidelines,, as ,conditioned, are in general
conformity"''with the Petaluma General Plan and ;zoning regulations of ,the City of
Petaluma as described in- the .project staff report. Additionally, the Fire Marshal,
:Parks Department, and the Engineering Section,.have prepared conditions of approval
to address safet ;issues and .design criteria for,the construction of the buildings and
design,of the site.
2. The public necessity, convenience, :and 'general welfare clearly permit the adoption of
'the 'proposed',,amendimnt in that the amendment will result in residential and
recreational uses that are more appropriate and compatible with the existing
surroundings uses. The density standard under the proposed Development Guidelines
will be 12.2 units -per acre for the townhouse portion and 3.8 for the detached houses
Resolution No. 2003-160 N.C:S.
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portion that is compalible, with the surrounding -neighborhood, the General Plan, and
the Corona Ely Specific Plan., The guidelines for the proposed development,present a
unified and organized -arrangement of buildings and facilities that are appropniate in
relation to adjacent and nearby properties, and adequate landscaping ' i is included to
ensure compatibility. The guidelines shall also be reviewed and ;approved by the Site
'Plan and Architectural.. Review Committee:
CONDITIONS OF APPROVAL
All conditions adopted in conjunction with the Gatti Rezoning to Planning Unit
Development are herein incorporated, by reference as conditions,,of pfoject: approval.
MITIGATION MEASURES
All Mitigation Measures adopted in conjunction with the Gatti Subdivision Mitigated
Negative Declaration which are. identified 'in the Initial Study for the Gatti Nursery
subdivision are, herein incorporated.
Under the:,power and authority conferred upon this QOUWPJJ,by'theCharter*:of said City.
REFERENCE: I :hereby certify the foregoing'Kesolution was introduced and adopted by the, Approved as to
Council of the City of Petaluma al,a,(Regular) (Adjourned) (Special) meeting forrp�
Ll
on, the ........4 ............. day of ....... A.U141 ................................... 20.Q.1, Wy the
following vote,
ityAttorne
AYES: Canevaro,,Mayor Glass, Harris, Healy, Moymhan, Vice Mayor O'Brien, Torliatt
NOES: None
ABSENT None
. .. . ............................... ( Z
ATTEST: �Z.
Citv Clerk,
Council File ............... ...................
Res. No . ...... 2.00.116.0, N.C.S.
Resolution No.2004-076 NC.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF PETALUMA
UPHOLDING THE APPEAL BY DELCO.BUILDERS & DEVELOPERS, INC.
OF THE SITE PLAN' AND ARCHITECTURAL REVIEW COMMITTEE'S
DECISION ,TO DENY STRATFORD PLACE%GATTI SUBDIVISION
AT 71�0 SONOMA MOUNTAIN PARTWAY
APN 137-070-079
WHEREAS, on January 8, 2004, the Site Plan and Architectural Review Committee
(SPARC) held a public hearing, heard testimony, and denied the site, architectural, and
landscape plan for the 46-unit single-family and 4.6=unit townhouse Stratford Place/Gatti
subdivision at 710 Sonoma Mountain Parkway, APN 137-070-079, due to their continued
concern with the poor functionality, of the townhouse portion; of, the site plan, particularly with
regard to trash pick up and storage, proximity of guest parking spaces, cross site access, and
getting yard maintenance equipment from the middle unit garage to" that front yard; and,
WHEREAS, on January, 22, 2004, the .applicant 'filed -an appeal .of SPARC's decision;
and,
WHEREAS, in the appeal 'letter, the applicant proposed to incorporated those SPARC
requested modifications that did not refer to the townhouse site plan (contained herein as
conditions 9 through 22); and,
WHEREAS, a properly noticed public hearing was held by the City Council to consider
the appeal on April 5, 2004; and,
WHEREAS, on that date, the Council in,.upholding, the appeal, directed that the
townhouse portion of the site plan be modified and that it return fo SPARC for their review and
acceptance; and,
WHEREAS, on April 22, 2004, SPARC reviewed and accepted the modified townhouse
site plan' with the recommendation"'that Council adopt, conditions 2 through 8 contained herein;
and
WHEREAS, the townhouse site plan accepted b'y °SPARC and modified by the applicant
to comply with SPARC's conditions is included as Exhibit I.
NOW THEREFORE BE IT RESOLVED that the City ' Council, based on the
evidence and 'testimony presented for the record at the public hearing, hereby upholds the appeal
and overturns thedecision of'SPARC to deny the' project subject to the attached conditions of
approval and based on the following finding;
Resolution No. 2004-076 N.C.S.
The, architecture, site plan, :and PUD Guidelines ,of the Gatti/Stratford subdivision,
as conditioned, conform to the requirements of Site.Plan and,Architecture Review
Standard's for Review of Applications 26-406 (A) of'the Zoning. Ordinance as:
a. Quality materials are used appropriately and the units within the project are in
harmony and proportion to the each other and to the surrounding structures;
b. The architectural style of the units is appropriate for the project and
compatible with other structures in the immediate neighborhood;
c. The siting of the new. structures is comparable -to the siting of other structures
in the immed aie.neighborhood;
d. The bull{, height, and, color of the new structures is comparable ,to the bulk,
height, and color of other structures in the immediate°neighborhood;
e. The landscaping is" in keeping with the character and design of the site and the
surrounding area; and
f. Ingress, egress, internal traffic circulation, pedestrian ways, and adequate.
parking have been designed to ,promote ,safety and convenience.
SITE PLAN AND ARCHITECTURAL REVIEW CONDITIONS OF APPROVAL
1. Prior�to Phase 2 (townhouse) Final Map/Improvement Plan approval, those maps
and the Development Plan shall be ui substantial con 0imance to the
Development Plan dated. May 6, 2004 (Exhibit 1).
2. Prior to Phase 2 Final Map/Improvement Plan approval, the , plans - shall be
modified to .depict any triplex immediately adjacent to one of the two pedestrian `
paths that "extend from Alley C to the creekside path. An attempt: shall be made to
align these two pedestrian paths with the sidewalk around the private park.
3. Prior to Phase 2 Final Map/Improvement. Plan approval, the decorative paving
shall be centered on the pedestrian pathways. -
4. Prior to Phase 2 Final Map/Improvement Plan approval', the front property line of
lot 46 shall be extended 6%" additional feet for a total front yard depth ,of 17 feet.
5. Prior to Phase 2 Final Map/Improvement Plan approval, move the building that
contains unit 46 northeast to the FEMA line (approximately ten feet) and use the
additional area to widen the gaps 'between the buildings containing units 30
though 46.
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Resolution 2004-076 N.C.S. Page 2
6. Prior' to Phase Z Final 'Map/Improvement Plan approval, the townhouse
landscaping plan, the, exterior lighting plan, and unit way -finding signage shall
return to SPARC.
7. Prior to issuance of any phase 2 unit or master building permit, the side entry pop
out presented to,-SPARC' on April 22, 2004 shall be utilized on all corner units (1,
7, 8, 13, 14, 16, 17, 22, 23, 29, 30,, and 46). An attempt shall be made to add a
side entry pop out on units abutting the two pedestrian pathways that extend'from
Alley C to the creek,path'.
8. Prior to issuance of any phase 2 unit or master building, permit, a hipped roof shall
be utilized on the end of each building row (lots 1, 7, 8, 13, 14, 16, 17, 22, 23, 29,
30, and 46).
9. All mitigation measures and findings adopted in .:conjunction with approval of the
Mitigated Negative Declaration (Resolution 2003-158 N.C.S*.) for the Stratford
Place/Gatti subdivision project are herein incorporated by reference as conditions
of project approval.
10. All conditions/findings adopted in conjunction: with Ordinance No. 2182 N.C.S.
approving the Rezoning to Planned Unit Districf for the Stratford Place/Gatti
subdivision project are herein incorporated by reference as conditions of project
approval.
11. All conditions/findings adopted in conjunction with Resolution 2003-159 N.C.S.
approving a 92-lot Vesting•°Tentative Subdivision Map.are herein incorporated by
reference as conditions of projecf-approval.
12. All conditions/findings adopted in conjunction with, Resolution 2003-160 N.C.S.
approving the Planned Unit District Dev:elopriment Guidelines for the Stratford
Place/Gatti subdivision project are herein, incorporated by feference as conditions
of project approval.
13. The plans submitted for building permit review shall be in substantial
conformance with those architectural plans dated February 17, 20Q4 (on file in the
Petaluma Community Development Department, Planning Division) except as
modified by the following conditions.
14. Prior to issuance of any -unit or master building permit,
a. Side doors with a small 'hard surface landing shall 'be depicted at all end
townhouse garages,-
b. The meter closet door shall be sided to match the unit elevation, as depicted
or! that, olan.reviewed by SPARC on February 24, 2004;
Resolution 2004-076 N:C.S. Page 3
c. Cultured stone shall not be proposed or utilized;
d. The front windows on single family "Plan 5 side entry garage" shall line up
horizontally; and,
e. The single-family Plan 6 p'orch shall be six -feet deep (extending. toward the
street).
15. Prior to Improvement Plan approval,.
a. A bollard light shall be; depicted adjacent to the bridge and low -wattage
lighting shall be- depicted to cast a soft wash of light' underneath_. the bridge
-without creating.a glare;
b. A keystone type, masonry retaining, wall shall be depicted for all retaining
walls exceeding 1 foot in height; and,
c. The concrete pavers (not stamped concrete)' shall be shown at the alleyway
entries and connecting, pedestrian pathways.
16. • Prior to issuance of any phase. 2 unit or master building permit, the• .SPARC
approved low -wattage photosensitive residential -type fixture shall, be shown
garage -side on all' rear townhouse elevations and the, electrical sheet shall, show
this fixture to be a part of each unit'& system, but without .a switch. Prior to
issuance of a building permit for any townhouse: or house other.. than elevation C,
the front exterior fixtures shall be reviewed and approved by staff. Prior .to
issuance of a building permit, all exterior light fixtures, shall be shown tobe
downcast and provide a soft "wash" of light against the wall and. shall. conform to
City' Performance Standards. No lighting shall produce'a direct glare.
'17.. Prior to certificate of occupancy adeed restriction shall be recorded, on the. Title
Report of lots single: family, lot 39'and townhouse lot 46 .noting. the. existence of
the FENIA 100-year floodplain line within the front yard; as shown on- the Final
Map.
,Stand'ard.'SPARC Conditions ,Of Approval:
18. The site shall be kept cleared at all times of all garbage and debris. _
19. ' At no time shall future. activities, exceed Performance Standards specified in the
Uniform Building Code. Section 22-301 of the Petaluma. Zoning Ordinance (dust,
odor, etc.), and the 1.987 City of Petaluma General Plan.
20. External downspouts shall be painted to, match background -.building colors.
Scuppers without drainage pipes may not be installed because. of probable
staining ofwall's (overflow scuppers are'excepted). `
Resolution 2004-076 N:C.S. Page4
q� 21. All trees shall be a.minimunT fifteen -gallon size (i.e. trunk diameter of at least 1/4
inch measured one foot above the ground) ,ui'ess 'otherwise specified (e.g.: 24"
box or specimen size) and double staked; all shrubs shall be five -gallon size. All
landscaped areas not improved with lawn shall be protected with two-inch deep
bark mulch as a temporary measure until the ground cover is .established.
22. All planted' areas shall be served by a City approved automatic underground
irrigation system.
23. All planting shall be maintained in .good growing condition. Such maintenance
shall include;, where appropriate, pruning, mowing; weeding, cleaning of debris
and trash, fertilizing and, regular watering. Whenever necessary, planting shall be
replaced with other plant materials to insure continued compliance with
applicable landsca_png,requirements. Required irrigation systems shall be fully
maintained in sound 'operating condition with heads periodically cleaned and
replaced when missing 'to insure continued regular - watering of landscape areas,
and health and vitality -of landscape materials.
Tinder the power and authority, conferred upon this Council, by the Charter of said City.
*FERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of
ity'of Petaluma at a (Regular) (Adjourned) (Special) meeting
on the ........1.7.............. day of.......:May....................:...:.....:......... 20.04., by the
following vote:
AYES:
NOES:
*BSENT:
ATTEST:
Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
None
None
............. . . .............. ... .....................
City_ Cle
Council File ...................................
Res. No. ...... 20G4-07.6.........N.C.S'.'
Approved as to
form
Oity Attorney
.................................................. ...............................
Mayor
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t5ti"lr K, IR V E I -;' fit
OR OOMKA-�4C
Introduced by:
Vice Mayor O'Brien
'ORDINANCE NO. 2160 N.C.S.
Seconded by:
Council Member Healy
APPROVAL OF A 'REZONING TO PLANNED, UNIT DISTRICT
TO ALLOW FOR DEVELOPMENT OF A 92-UNIT RESIDENTIAL SUBDIVISION,
ACCESSED FRONT CASELLA WAY AND YORKSHIRE ROAD, APN 137-070-079.
BEIT ORDAINED "BY THE COUNCIL OF' THE' CITY OF"PETALUMA AS FOLLOWS:
WHEREAS, by action taken, on May 13„ 2003, the Planning Commission considered the
proposal and forwarded a recommendation to the City Council to approve the Rezoning to PUD;
and,
WHEREAS, the City Council finds that the requirements of the California Environmental
Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption
of Resolution No. 2003-158 N:C.S.; approving 9'Mitigated Negative Declaration to address the
specific impacts of the Gatti subdivision; and,
WHEREAS, the'City Council held'a public liearing''On 'the proposed project on July 14,
2003 and August 4,, 2003,; after giving notice of'said hearing,, in the manner, for the period, and in
the form required by Ordinance No..1072 N.C.S.,, as amended; and
WHEREAS, the City Council has considered the Rezoning.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Rezoning
to Planned Unit District subject to the, following Findings; Conditions, and Mitigation Measures:
1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and
rezone the subject parcel from Agricultural (A) to Planned Unit District (PUD), will
result in a more desirable use of landand a better'physical environment than would be
possible under any single zoning district or combination of zoning districts.
The proposed uses comply with the Planned Unit District designation, which allows
inclusion within its, ,boundaries of a mixture of uses, or unusual density, building
intensity; or design characteristics, which would not normally be permitted in a single
use district, and to govern the development of residential projects. Additionally, this
proposal incorporates the policies and,guidelines of the-PUD-Planned Unit District of
Article 19A of the Zoning Ordinance.
2. The public' necessity; convenience and welfare clearly permit and will be furthered by
the proposed Amendment to the Zoning Ordinance, reclassifying and rezoning the
Gatti nursery site to Planned Unit District.
Ordinance No. 2160 N.C.S. Page I
Vow
1 The Planned Unit District Development, Guidelines describe permitted and conditional
2 uses as well as those that would not be allowed to, be established at this location. This
3 specific list of uses prevents the creation of .any nuisance to the existing, surrounding
4 uses.
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3. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied througDh the preparation of an Initial Study and -the drafting of a Mitigated
Negative eclaration .to avoid or reduce to a .level of insignificance, ,potential impacts
generated by the ,proposed Gatti Planned Unit District.
In compliance with the requirements of the California. (Environmental Quality Act, an
Initial: Study was prepared for the rezoning of'the .site from Agricultural. (A) to Planned
Unit District (PUD). Based upon the Initial; Study, a determination was made that no
significant environmental impacts would result: A copy of this notice was- published in
the.,Argus-Courier and provided to residents, and occupants ;within 5.00' feet of the site,
in compliance with CEQA requirements.
CONDITIONS OF APPROVAL
From the City Council
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1. Prior to Site Plan and Architectural Review Committee review, the plans shall be
revised to show eight single -story detached hornes abutting the ,Buckingham Lane
residences. That lot most in line with Road C (lot 4 or Tot. 5) and lot 8 shall be designed
to utilize side entry garages. Thus, the project shall consist of 46 single-family
detached'homes and 46 townhouse units.
2. Prior to Final Map/IMprovement Plan approval, the Landscape Assessment. District
shall be submitted to the Community Development Department and the,.Parks .and
Recreation Department for review and acceptance. The LAD shall include the
maintenance of the "townhouse park" area between towrihomes� 12,:and 35. This park
area shall be public and shall be labeled as such. prior to Final Map/Improvernentr. Plan
approval. Desib�n. and layout of the park shall be subject to the Recreation, Music, and
Parks Committee and SPARC approval. SPARC's review shall be limited to fencing
and perimeter landscaping.
3. Prior to SPARC review, the southeasterly eight parking spaces on the e park side of
Casella Way shall be eliminated, This will result in fifteen 9 0-degree, parking spaces on
the park side,of Casella Way.
41 4. Prior to -.SPARC review, the plan shall be 'modif ed to show concrete pads .four to five
42 feet wide from the existing gates in the, Capri Creek Apartment's fence to the public
43 street.
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45 5. Prior to"SPARC review, the plan shall be .modified to show an extension of the Class 1
46 creek side path stubbed out to the SRJC property line, approximately 'in line with the
47 intersection of new public Roads C and D.
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•
Ordinance No..216.0 N.C.S. Page 2
1 6. Prior to Final Map approval, the applicant shall set up, a financial mechanism to ensure
2 perpetual maintenance for Parcel B (the private alleys),, subject to review and approval
3 by the CommunityDevelopment Department.
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5 From the Planning Division (778-4301)
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7 7. Before issuance ofa Building Permit, the applicant shall revise the Site Plan or other
8 first sheet of the office and job site copies of the Building. Permit plans to list these
9 Conditions of Approval as notes.
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8. The plans submitted .for „Building Permit review shall .be in substaritial compliance,
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except as conditioned, with 'the Development Plandated June 25, 2003 and the
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Tentative Map dated June 25, 2003.
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9. All mitigation measures, adopted in conjunction with the Mitigated Negative
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Declaration for the Gatti nursery project ' are herein incorporated by reference as
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conditions of project approval.
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10. Upon approval by the .City Council, the applicant shall a the $35.00 Notice of
PP pay
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Determination fee to the Planning .Division. The check shall made payable to the
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County Clerk. Planning staff will file the (Notice of Determination with the County
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Clerk's office within five '(5)' days after receiving Council approval.
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SPARC shall,review.
11. w Site Plan. design, building ..and accessory structure design, PUD
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Guidelines, colors and ma
materials, landscaping, f1.encing styie, and location, and lighting.
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Particular attention .shall be paid to the design of the middle townhouse unit, houses 1-
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8, and to all comer homes and townhomes.
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12. Prior to SPARC review, the plan shall reflect elements, (both .on the ground plane and
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three-dimensional)" that clearly delineates/differentiates the private alleys from the
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public streets, specifically Casella, Yorkshire, and Road E.
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13. Prior to SPARC review, the plan shall depict a pedestrian/bicycle bridge over Capri
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Creek at Casella Way. The Improvement Plan shall show this bridge. Bridge
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specifications, shall also be'provided to SPARC. 'The, exact location of.the bridge shall
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be reviewed and- approved by the Recreation and Parks Department and the Petaluma
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administration, of the SRJC. Two years from, the date of SPARC approval, if delays
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occurred'in determiriing:the precise location ofthe bridge and the developers have been
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unable to construct the bridge, the bond shall be replaced with cash.
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14. Prior 'to SPARC review, the .plan shall depict .a Class I path along the entire project
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(fiom Sonoma Mountain'. Parkway to the urban separator) adjacent to the creek. The
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Improvement Plari shall show this path. Pursuant to the Recreation and Parks
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Department, the path,,shall be a minimum eight feet wide and constructed of concrete.
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Two years from .the date of°SPARC approval, 'if the Recreation and Parks Department
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is not ready for the path .to be constructed, the bond shall be replaced with cash: The
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Improvement Plan shall show the removal of the existing driveway paving at Sonoma
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Mountain Parkway. A,bike rack shall be shown to the immediate south of and inline
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with. the existing bus shelter.
Ordinance No..2160 N.C.S.. Page 3
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-15.
Prior to SPARC review, the plan shall .show at least. 3 six-foot long benches along the
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urban separator. Specifications on the benches shall also be provided to SPARC.
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16.
Prior to SPARC review, the plan shall show. the specifications and,proposed location of
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a sign along Sonoma Mountain Parkway identifying the creek path and. the connection
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to "the°urban separator- path.
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17.
Prior .to SPARC review; an Exterior Lighting Plan shall be submitted. Said plan shall
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include a detail of the types of all fixtures to be installed for review and approval. All
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lighting shall be hooded. and project downward, providing::a soft "wash" of'light. No
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lighting on the site shall create a direct glare into cyclist/pedestrian eyes.
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118.
Prior to Certificate of Occupancy of 80% of Units, the Landscape Plan shall be
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modified to address improvements to the pond as determined by the Community
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Development.Department, Recreation and Parks Department; and. Water Resources and
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Conservation Department. Immediately after demolition of. the greenhouses, the'
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developer will constructaemporary security fencing around the pond.
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19.
Prior to Final Map/Improvement :Plan approval, the plan shall be modified toshow a
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sidewalk separated from the street by at least a four -foot wide planting strip along all
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public streets, except that Public Road E is not required to have a, sidewalk on the
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southeast°side of the street.
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'20.
Prior! to Final Map/Improvement Plan approval; the house and porch of Lot'40 shall be
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outside of the FEMA 100=year boundary.
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21. •
Prior .to Final Map/Improvement Plan approval, the Improvement Plan. shall depict
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signage on the park side of Casella Way indicating that those parking spaces, during
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daytime hours (6,00 AM to 5:0.0 PM), be restricted by time, pursuant to the,Recreation
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and Parks Director.
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22.
Prior -to Final Map/Improvement Plan approval, the .Improvement. Plan' shall show the
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addition of a pedestrian warning sign at the-R:ieslinig Road mid -block crossing for
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westbound traffic. The sign shall be installed in the existing, median so as to be more
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visible'to through traffic on Riesling Road.
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23.
Prior to Final Map/Improvement Plan approval,, the, Improvement ,Plan shall show the
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extension of purple piping (to carry recycled water) into the townhouse park. (See_ also
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Condition .60.)
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24.
Prior to Final Map approval, that map shall! be submitted to the Community
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Development D.epartment.Engineering'Division as both CAD data .and :scanned.images.
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Prior to Improvement Plan acceptance, "as 'built" improvement plans shall be
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submitted ,to the City.as CAD1 data and scanned'.1mages.
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25.
Prior to Final Map/improvement Plan approval, the applicantshall work with City staff
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regarding the .transition between the proposed proj ect and the new, 7-acre, park.
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Ordinance No. 2460 N.C.S. Page 4
26,. Prior to Final Map lMprovement Plan approval, a Landscape Assessment District shall
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be submitted to the Planning Division and the Parks and Recreation Department for
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their review and acceptance. The LAD shall be formed for the maintenance of
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landscape in 1) the Capri Creek area northeast of Casella Way from back of curb to top
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of bank, 2) the Urban Separator from property line to property line, and 3) the
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landscape strips without residences directly to their rear to care for them such as the
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two areas abutting Capri Creek apartments along Yorkshire Road and Public Road E.
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(See also Condition 2.)
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27. Prior to issuance, of a grading permit for work within any channel, the applicant shall
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provide a copy of the approved Streambed Alteration Agreement and proof of
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compliance with the°permit. conditions. Removal and replacement of the non-native
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trees and a bridge shall be the only in -stream channel work,,shall be limited to the dry
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season, and shall be performed in accordance with' conditions specified by the
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Department of Fish and Game in a Streambed.Alteration Agreement. .
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28. Prior to issuance of A. grading_ or Building Permit, a Construction Logistics Plan shall
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be submitted by the applicant,for.review;and approval by the Community Development
Department. It shall describe construction vehicle routes and these routes shall use the
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existing Gatti driveway to the full, extent feasible.
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29. Prior to certificate :of "occupancy of 801/6 of units, all trees referred to in the arborist
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report and on the property to be dedicated to the City, shall be removed (as they are
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inappropriate' species and/or diseased) and all sturnps ground. Also, prior to certificate
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of occupancy of 80% of units, these .trees shall be replaced with appropriate species
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along the creek', the pond, and the urban separator as approved by SPARC.
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30. In the event that archaeological remains, are encountered, during grading, work shall be
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halted temporarily and a qualified archaeologist shall be consulted for evaluation of the
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artifacts and to recommend future action.. The local Native American community shall
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also be notified and consulted in the'event any archaeological.remains are uncovered.
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31. All construction activities 'shall be limited to 7:3,0 a.m. to 5.,30 p.m. Monday through
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Friday. Construction . and " related activities' shall be prohibited on Saturdays and
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Sundays and all holidays recognized by the City of Petaluma, unless a permit is first
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secured from'the City'Manager (or his/her designee) for�additional hours. There will be
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no start up of machines nor equipment prior to 8:00. a.m., Monday through Friday; no
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delivery of',materials nor equipment prior to 7:30 a.m. nor. past 5:00 -p.m., Monday
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through°"Friday; no" servicing of equipment past 5:30 .p.m., Monday through Friday.
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Plans submitted for City permits shall include the language above.
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32. All construction equipment powered by -internal combustion equipment shall be
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properly inuffl'ed. and maintained to minimize. noise. Equipment shall be turned off
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when not in°use.
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33. Construction maintenance, storage, and staging areas for :construction equipment shall
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avoid proximity to residential areas to the maximum extent practicable. Stationary
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construction equipment; such as compressors, mixers, etc., shall.be placed away from
5A Ordinance No. 2160 N.C.& Page 5
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residential areas and/or provided with acoustical shielding. Quiet `construction
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equipment shall be used when possible.
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34. Construction and, demolition debris shall be recycled to the maximum extent- feasible in
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order tominimize impacts on the landfill.
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35. The applicant ,shall he required to utilize Best Management "Practices regarding
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pesticide/herbicide use and fully commit, to Integrated Pest Management .techniques for
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"the protection of pedestrian/bicyclists.. The applicant .shall be required to post signs
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when pesticide/herbicide use occurs to wam pedestrians and.bicyclisis
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36. Prior to issuance of a Building Permit, theplan shall 'be modified. to accommodate
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recyclingcontainers .in the interiors of the units.
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From "the En2ineerinL Section (778-4304):
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Piior-to Final Map/Improvement Plan approval, the following Engineering conditions shall
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be,rnet.
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37. 'Except, as provided in Condition 13, all public streets shall have sidewalks on both
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sides of the street with pedestrianramps; at corners, 'intersections and connections from
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streets to paths. All public streets shallhave a minimum width of 32-feet with parking
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on both sides or 28-feet with parking allowed on one side of the, street on'ly'if'houses
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are limited to one side. No parking areas shall be indicated with.red curb and signs,
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Public street right-of-way dedication shall be separate from_ Parcel A. Provide knuckles'
at "90-degree street corners (4 locations)..Asphal't thickness shall be a: minimum of 4-
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inches. Streetlights shall conform to City standards and the Ely/Corona ,Specifit Plan.
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The common area shall not extend into the, public right-of-way on Road E; Casella `
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Way and Yorkshire Road.
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3,8; The right-of-way of Public Road E shall include the sidewalk .around, the' perpendicular
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parking stalls between townhouse" units 23 and 24.
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39. A cul-de-sac, shall be constructed at the end of Casella Way. This cul-de-sac may be the
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minimum allowable size and does not have; to accommodate the, ladder truck:. The
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street right-of-way on the park side of 'Casell'a., Way shall be dedicated by separate
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document'from.the City of Petaluma. and recorded simultaneously with the Final Map.
3,7,
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40, Private: roads and alleys shall have a minimum width, of 24-feet, except where the
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alleys parallel, Capri Creek, a' 20-foot minimum, shall be allowed -Rolled curbs, shall not
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be allowed.. Fire and Emergency "vehicles shall access the 12400t wide path along the
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creek via a regular curb cut that shall be designed to meet their radius and width
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requirements.
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41,. Grading and sitepreparation shall conform to the soil investigation report prepared for
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this 'subdivision. Erosion Control, Plansshall be prepared as part' of the ,Improvement
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Plan. A Storm Water Pollution Prevention .Plan (SWPPP) shall ;be prepared and a
notice of intent (NOI) shall be filed. Moisture barriers shall be installed along the curb
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on the- park side of Casella Way_ , on the creel:. side of Road' D and on the urban
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separator side of Road B.
Ordinance No. 1] 60 N.C:S. ° Page 6
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42. A vehicle barrier shall be installed between -the' public streets and parcel A. A
removable -.vehicle barrier shall be -,installed at the access' point to the 12-foot
meandering path. This vehicle barrier shall be subject to SPARC review and approval.
43. All hydrologic, hydraulic, and storm drain system design shall be subject to the review
and approval of the Sonoma County Water Agency.
44. The proposed water main system. shall be capable of delivering a continuous fire flow
as required by the Fire Marshal's office.
45. Water service laterals shall be L5-inch diameter with 1-inch water meters.
46. Any existing overhead utilities on the property shall be placed underground or
removed.
47. Install a stop sign and crosswalk, at: all tee intersections of .public streets (6 locations).
Install crosswalks at, connections to the meandering path on ,'Road D and at the end of
Casella Way.. Ped.,xing signs shall be installed at all crosswalks without stop signs. A
crosswalk shall be located. on Casella Way at the, intersection of Public Road E to
access the future park. Connections, to meardenng isidewalks on Road B shall be
moved to align with the extension of the sidewalk at the corners.
48. CC&R's for the townhouse common area shall define maintenance responsibility for
the private streets, alleys and utilities.
49. The developer shall pay a fee for review of the technical correctness of the Final Map.
50. The Improvement 'Plan: and Final Map shall be prepared according to the latest City
ordinances, resolutions, nodes, policies and standards.
From the Fire Marshal (778-4389):
51. Prior to Final Map/Improvement Plan approval, .,no on -street parking space shall be
shown that restricts `the turning radius of the aerial ladder truck.
52. Prior to Final Map/Improvement Plan approval., the emergency vehicle path shown
along the creek at 'Lots 12 through 35 shall be twelve feet wide with aload-bearing
weight capacity UFA minimum of 35,0001bs: The turning radius onto the emergency
vehicle path shall meet the City. -of Petaluma street standard' for 'curb ,�dut -driveway
standards and a turn radius of R=25`. When gates will be installed at :path entrances, all
gate entrances shall be at least two feet wider than- the width of the'�patli/la.nds, serving,.
the gate. Where a gated entrance is' locked, a Knox box shall beprovided for
emergency access.
53. All townhouse units shall have fire sprinkler systems designed and installed in
accordance with-NFPA137D. Townhouse units 12 through 35 shall be�required to be
provided with a full _fire sprinkler system, including attic and garage spaces.
Ord hance No. 2160 N.C.S. Page 7
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54.
In all other single family dwelling units provide -fire .sprinkler systems designed and
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installed .in accordance with NFPA. 13-D including bathrooms ,over 5.5 square feet,
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closets over 24 square feet or 3 feet deep, and other, attached structures. These systems
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shall be calculated for two -head activation for the most remote .two heads.
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55.
Activation of the'fire sprinkler system shall sound. an interior .alarm that will notify
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normally occupied spaces.
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56.
Prior to issuance of a Building Permit, proof that required fire flow is available shall be
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supp`lied to the Fire Marshal. `The minimum fire flow for this project is—1,006- GPM at
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20 poundsresidual per square.imh.
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57'.,._
P--nor .to Certificate of Occupancy of 80% of units, all curbs not depicted for on -street
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parking spaces on sheet C2 shall be painted red and no parking "signs installed. Where
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no, curb exists, signs approved by the Fire Marshal shall be "installed.
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58.
.Prior to Final Map/Improvement Plan. approval, the following modifications to fire
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hydrants shall be shown on the .plans: (see the Ylaming Division .file for plans red lined
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by fire)
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a. Move the; hydrant. on the creek side of Public Road ID (,opposite Lots 20 and 21)
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southwest 70 feet.
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b. Add' hydrant on the urban separator..side of Public Road B (opposite the, shared
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property line of Lots 1.7 and 18).
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'From the Water Resources and Conservation D.eoartment (77843,04):
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59.
Prior 'to Final Map/Improvement Plan approval, a rainfall/stream gage station to
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supplement- the City's existing network shall be shown on the pedestrian bridge
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crossing Capri Creek.. The station, requires an electrical connection and ;shall be subject
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to the approval of the Water Resources -and Conservation Department. The Water
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Resources and Conservation Department shall maintain the station.
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60.
Prior to 'Final Map/Improvement Plan approval, those plans shall show the addition of
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purple piping at or adjacent to the creek side path from the Urban .Separator to Sonoma
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Mountain .Parkway, pursuant 'to the-WRC's recycled water pipeline map and guidelines.
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(See also Condition 23.)
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This project shall comply with the City'=s Landscape Water Efficiency Standards.
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62.
Prior to Final Map/Improvement Plan approval:
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a. The 12" diameter water main' stub for the future connection at the northeast comer-
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of the 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 for
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the new layout. The meters for lots 12 through 35 will require `overlapping steel. lids
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(with ;integral :reader lids) designed for traffic loading if they are placed An the
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private alley. The ,meters for lots 1. through '11 should be behind, the YorkshireRoad
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curb, and the meters for lots 36 through 46 should be behind the curb on Casella
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Ordinance No. 2.160 N.C.S. Page 8
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Vijay. The park- area requires a separate irrigation meter and backflow prevention
device in accordance with Standard No. 876.01, and other applicable standards.
d. The new' water service. sizes will .be determined, by _ the Fire Department
requirements. The maximum flow requirements, will determine the meter sizes. If
the new 1-1/2" x 1" water meter is required, a -Christy N-30 (or approved equal)
meter box is required.
e. Manhole spacing shall comply with the City's subdivision design criteria.
63. 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 board's, commission, agents, officers, or employees to attack, set
aside, void, or annul, the approval of the project when such claim or action is brought
within the time period provided for in applicable State and/or local statutes. The City
shall promptly notify the applicants of any such 'claim, action, or proceeding. The City
shall coordinate in the defense. Nothing contained in this condition shall prohibit the
City from participating in a defense of any claim, action, or proceeding if the City
bears its own attorney's fees and costs, and the City defends the action in good faith.
MITIGATION MEASURES
All Mitigation Measures adopted in conjunction with the Gatti Subdivision Mitigated
Negative Declaration which are identified ,in the Initial Study for the Gatti Nursery
subdivision are herein incorporated.
INTRODUCED and ordered posted/pub4&hed this 4`h day of August, 2003
ADOPTED this IS'h -day of August, 2003 by the following vote:
AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
NOES: None
ABSENT: None
ATTEST:
aaLu, b-& �', �0 �,
',Gayle Petersen, City Clerk v
•
David Glass, Mayor
=61
Ordinance No. 2160 N.C.S.
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