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HomeMy WebLinkAboutAgenda Bill 9.A 06/21/2004CITY "OF PETALUMA, CALIFORNIA Jane 21, 2 MEMORANDUM Community Development Department,, ll English Street, Petaluma GA 94952 (707)°778 =4301 Fax (707) 778 -4498 E -mail: cdd &Lpetalumaxa.us DATE: June 21, 2004 TO: Petaluma City Council FROM: Irene T. B'oba, Senior Planner - SUBJECT: Paula Lane Subdivision - Subdivision of two contiguous parcels totaling 11.22 - acres into '21 residential units with approximately 3 -acres of the site being set aside as open space., General Plan Amendment, Prezoning, Tentative Parcel Map, and Annexation, at 431 Paula. Lane, APN 0.19 - 080 -009 & 010 The City Council heard this agenda item. at the May 17, 2004 Council meeting. At that meeting, the applicant presented the project proposal and the Council took public testimony. The Public Hearing was closed and the Council began the initial stages of their- discussion and questions. Due' to the late hour, Council continued the project proposal to June .21st. Attached, are minute excerpts from the May 17, 2004 City Council meeting (see Attachment 2). Numerous issues have been raised,throughout the public hearingzprocess however the main issue continues to be the proposed density of the project. This issue ultimately led the Planning Commission to unanimously recommend denying the General Plan Amendment (and, by extension, the .other requested entitlements) that would allow'the increased density. The subject property currently has a. General Plan designation of '.Rural, (0.0 -0.5 du/ac). Under the current General Plan land use designation, the applicant would be potentially allowed to_ build a total of five. (5) single - family, residences'. The applicant is requesting a - General Plan Amendment from Rural Residential �(0.0 -03 du/ac) to ,Suburban (0.6 -2` 0 du/ac): The Suburban land use designation would ;potentially allow tle, development of twenty -two (22) single- family residences (the proposal is for .2`1 single-family dwellings). Under the current County zoning, (AR- B6 -2), which has a two -acre density, staff was informed that that the subject property has the potential to be .developed with'' "5 single family units and 5 secondary dwelling units (secondary dwelling units are not counted as density). If the Council agrees with the Planning Commission recomrnendatiorixegarding the General Plan Amendment all',other,issues requested entitlements become moot. Staff has provided the Council d draft - Resolution of )dnial (Attachment 1) if this 'is 'the desired - action. Conversely, if there is support for the General Plan Amendment as proposed (21units), the Council would. need to assess the draft review environmental document (Initial Study /Mitigated Negative Declaration) for adequacy and evaluate the proposed project' on its merits. Council should then continue the item in order for staff to prepare the appropriate approval legislation. If the Council is' supportive of a project on this site with reduced density, direction should be provided -to the applicant as to ah.acceptable total number of housing units. Please remember that any increase of the number of housing units over the five currently allowed by the General Plan still requires the Council to approve a General Plan Amendment and to make the required findings to support such an amendment; If Council chooses to take this option, the applicant and, staff should be directed' to revise the * Oct recirculate a.modified- environmental document and return to the Council on a date to be determined. The Council should also consider whether or not it would'be appropriate for the Planning Commission to review the revised,-project before it comes back. to Council. Also, if the Council chooses to take this option, 'it, potentially may require the requested prezoning application to change. The applicant is currently seeking to prezone to RI 10,000. At the Council meeting of May 17, 2004, Council requested additional information on several specific some issues and or questions. Responses to'these issues follow: ® Development fees-to be gained. by this project Staff calculated an estimate of the Development Impact fees for the proposed project. Since the exact size of the homes is unknown at this time, an average home size was used. The estimated total impact fees per home, using an average, home size of 3,150 square feet, would be $31,844.00. With 21 homes, the estimated total 'would be $668,724.00. In addition to Development Impact Fees,, there would be Final Subdivision Map fees ($2,55,0:00), Public. Improvernent/Public Construction & Inspection, fees ( <= $ SOOO,OOOc 6 % of engineers estimate or $1,890; whichever is greater + staff time and' > materials; or, >$5000,000 but <= $1,000,000: 4 % of engineers estimate + staff time and materials; or, $1,000,000: 2 % of engineers estimate+ staff time and materials) See Attachment 4 for the Development Impact and Community Development Department fee sheet. m. Traffic . Please refer to Attachment 6, a letter from Marti Buxton of Mission Valley Properties dated June 4 .2004. Ms. Buxton's letter includes . additional information', from Allan Tilton of W- Trans, the project traffic engineer: ® Badger Habitat. Attached are two.letters `from the:Department of Fish and Game (DFG), (dated March 1.1, 2002 and May 10, 2004). The first letter from the Department of Fish and Game° "states that the project, as proposed, will impact on -site badger dens and that because of the impacted habitat loss,. DFG recommends mitigation utilizing the remaining undeveloped portions of the project for long -term badger habitat ;and protection as a conservation easement. DFG also recommended that footing walls be used adjacent to badger habitat which extend some,epth into ,the soil to prevent badger, access to the, lots under fences and walls. DFG recommended that any trail designed be with minimal impact and that the use of porous material such,as blue shale be utilized. The May 10, 2004 letter from DFG notes a meeting on -site by city staff, the developer and DFG on March 25, 2004. The purpose of the meeting was to reach. agreement on the biological resource issues 'associated with the proposed project: This letter notes that the applicant, has retained Dr' Tom Kuceral to perform a badger burrow exclusion study:. DFG' notes previous works of Dr. Kucera ';and` several discussions regarding the project 2 site., Dr. Kucera intends to exclude all badgers from the impact area well after any juveniles have .dispersed following breeding season. This action is being proposed to reduce impact to any on -site badgers. DFG requested that Dr. Kucera's work be p g xcluson project summarized in a report to review and comment before bad er e • commences. Attachment' .5 is the report prepared by Dr. Kucera. With regards to the open space easement, DFG is aware ' that there will be' an emergency vehicle access (EVA), pedestrian path and tree planting as well as the detention pond. Given that the applicant is proposing'that the'future Homeowner's Association would maintain the open space, .DFG will work with the applicant and the City to finalize the Homeowner's open space easement agreement Department of Fish ,and Game is identified as a Trustee Agency pursuant to the California Environmental Quality Act (CEQA), and' is responsible for. the conservation, protection and management of the State's biological resources. Staff and the applicant will be required to work with DFG'to appropriately address the , -issue. of badgers. In, a letter from Marti Buxton of Mission 'Valley Properties dated .June 4, 2004 (Attachment 6), Ms: Buxton also responds to the Councils, questions /concerns badgers and their habitat. ® Drainage/Hydrology In a letter, from 'Marti Buxton of Mission Valley Properties dated June 4, 2004 (Attachment 6), Ms. Buxtoii responds to the Councils questions /concerns regarding Buxton, and finds �t�to be fable,, Attached � is an eemail a 'informati'on from Ms. drainage Y gY Y g regarding comments1 that ''were made by the public during the from Steven process with hearing process with regards to. drainage (Attachment 6). Mr. LaFranchi's e-mail states that it was implied that he had reviewed the drainage calculations prepared by , SW 'Stuber- Stroeh and was in disagreement with their findings. Mt.'LaFranchi warited to clarify that to this date he has not been asked to review any Work related to this project. .® Potential of purchase. of the property for open,,space.. A letter from the'; Open Space District is attached ,(see Attachment •9): QSD has stated that they have beeri, non- committal with the memb,ers,of P.L.A.N. regarding the subject property. OSD: stated'' lidt they explamed the process to P.L-.AX, and informed P.L.A.N. 'that funding sources for the purchase of open space is limited and that there were other properties that had a,higherlpriority that OSD- Was pursuing. Attachments: I. "Draft" Resolution ofDenial. 2. City Council Minute Excerpts of May 17,'2004.. 3. Development Impact Fee Calculations and Community Development Fee Sheet. 4. Letters dated Mar_ ch 11, 2002 and May 10, 2004 from the Department of Fish and Game.,. 5. Report from Dr. 'Kucera dated May 5, 2004. 6. Letter from, Marti ,Buxton of Mission Valley Properties dated June 4, 2004, including information from Allan Tilton of W- Trans. 7. E- mail.from Steven. T: LaFranchi dated May 29, 2004. 8. Letter from.Margo N. Bradish of Cox, Castle, Nicholson dated June 11, 2004. 9. Letter from Maria Cipriani of the Open Space District dated June 10, 2004. 10. Letter from JRP Historical Consultants dated 11, 2004. SACC -City Council\Memos \paula lane subdivision 6 -21 -04 34th draft'by'18'.'doc 0 I * 4