HomeMy WebLinkAboutAgenda Bill 7.A-Attch03 09/13/20041 ATTACHMENT 3
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3° DRAFT` RESOLUTION NO.
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5 APPROVAL OF THE `VESTING TENTATIVE SUBDIVISION MAP FOR
6 SWEED SCHOOL TOWNHO JSE SUBDIVISION WHICH WOULD. ALLOW
7 FOR 14 RE SIDENTIAL LOTS AND A `COMMON AREA_PARCEL
8 LOCATED AT' 331 KELLER.STREET' APN 0.06 -213 =004..
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11 WHEREAS, by Ordinance No: N.C.S:, Assessor-',s Parcel. Number 006 - 213 -004
12 comprising of 31,906 square,feet; has been:rezoned to Planned,Urit District ;, and
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14 WHEREAS, by action taken on - April 27 and May 25;'2004 the Planning Commission
15 considered the proposal, aid forwarded' a recomm endation Ito the City' Council to approve
16 the Vesting Tentative , S,ubdivision Map for 14 residential lots and a common area parcel';
17 date stamped September 1,2004 d'
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19 WHEREAS the Cit Council
y - _ f nds `that the requirements, of the= California Environmental
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20 Quality Act (GEQA) have been satisfied through the preparation of an Initial. Study and
21 adoption of Resolution No. NIC:S„ approving a Mitigated Negative Declaration to
22 address potential.'impacts ofthe Riva' "Subdivision;project; "
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24 WHEREAS, the City Council' .considered the ' School Townhouse subdivision
'25 proposal on September ..13, 2004, and„ considered all written and verbal communications
26 concerning potential environmental impacts resulting from the project before_ rendering a
27 decision;
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29 NOW, THEREFORE BE IT RESOLVED that the City Council approves a Vesting
30 Tentative Subdivision Map subject to the following Findings and conditions of approval:
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32 FINDINGS
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34 1. The ro osed 'Ve Title.20 the Mimic al Cod's is consistent.
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35 with the provision sp e. (Subd vision
36 Ordinance) and ' the State Subdivision Map Act. -
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38 2. The proposed subdivision, together, with provisions 'for its design and
39 improvemOnts,,,m consistent with the�General Plan, and will not be detrimental to
40 the public health,',safety,, or welfare in th
at „adequate public facilities exist or will
41 be installed; sidewalks, .water,, sewer, storm drains, and other infrastructure.
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43 3. The site is physically suitable for the ' density and the type of development
44 proposed
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The design. of the subdivision and the proposed improvements will .not cause
substantial environmental damage, and that no substantial or avoidable injury will
occur to fish or wildlife ortheir`habitat. An Initial Study was prepared indicating
that there would be no significant, unmitigatable environmental impacts.
CONDITIONS, OF APPROVAL.
From "the Planning Division (778-4301
1. :Prior to is of a building permit, the applicant shall revise the situ plan.. or
other first sheet of.the office and job site copies of the" Building Permit plans to
list these Conditions of Approval as notes.
14 2., The plans, submitted for Historic and• •Cultural, Preservation_ Committee review
15 shall be in substantial conformance with the Unit:Development Plan date stamped:
16 September. l., 2004, the Vesting Tentative. Map date stamped September 1, 2004,
17' and the architectural plans date stamped,, September 1, 2004.
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19 3. All initf2ation measures adopted in conjunction with the Mitigated Negative
20 Declaration, for the ,Sweed Townhouse moiecfare herein "incorporated by
21 reference as.:coriditions of project approval.
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23 4. Upon approval by'tlie.City Council, the applicant shall pay the $35.00 Notice of
25 the Count Clerk. Planning sign: The check ble to
County e• Planning Dvi ` k shall be made paya
Determination. nty l k to a g staff will file the. Notice of Determination with the
26 County Clerks office within. five (5) days after :receiving Council approval.
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28 5. 'Prior to issuance of a building ,permit;, the Historic and Cultural' ,Preservation
29 Committee ahall ;review the site. plan design building and accessory structure
30 design, the final PUD .Guidelines, colors and materials, landscaping, and, lighting,,
31 In ,addition, plans submitted for Historic and Cultural Preservation Committee
32 review shall be revised to include the following:
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34 a. Street trees along the project frontage on Keller Street and Liberty: Street.
35 The street tree planting;plan shall complywith the City's Approved Street
36 Trees List and City standards for street tree: planting.
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38 b. Relocation .of the trellis adjacent to the south- property line on the Liberty
39 Street side: of the site so that it does not extend over property lines.
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41 c. Driveway facing elevations of the carnage; house units.
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43 d. Downcast lighting to prevent direct :glare into the eyes of pedestrians and,
44 bicyclists.
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vations of the storage unit located in the .center of the site
46 e.. Detail/elevations, , •
47 adjacent to the south property line and the. trellises:
45 10 ; Delivery of ; materials or equipment is limited to Monday through Friday (non -
46 holiday) between 7:30 am. and 6:00 p.m.
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f. All g prop p�. ,
the ro'ect including private yard fencing and
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project bounda , fenc n or
p J ry g
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g. Enclosures for the, Keller Street .patio areas that are compatible with the
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building and alfow, for screening in - order to prevent visual clutter-.
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h. Fencing along the Liberty Street : project frontagel that better relates to the
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retaining wall and" allows "visibility of the; yard area from the street.
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i. A location for
' interior- secure bike parking,'for re'sid'ents; the number of
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covered' bike pakmg spaces that can be" accommodated in the bike parking
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area located iii the , .carport area .and whether or not bikes can be
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accommodated. in .the stora g e areas shown on ,the,siteplan.
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j. Proposed colors for the carriage units.
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k. Proposed colors for the 8weed , School windows and doors based on an
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investigation. of the original colors of the Sweed School.
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6. Prior to Historic atnd Culturaf,Preservation Committee review the applicant shall
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submit an evaluation, prepared by.a.certifed arb"orist of"the'two existing pine trees
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located on the site- and identified as ".to- remain." The purpose of the evaluation is
to identify the measures necessary to maintain and preserve these trees on the site.
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7. Improvement plans and building permit plans shall include the location of
p rotect i ve for the two existing pine trees on the, site_ that are to
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remain The pr teri
cove aree fencing shall be located a minimum of 5 feet outside
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of the dripline ;of the trees, wire secured with. in ,ground posts; .,and shall be a
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minimum of 5',:in height. The,location of the protective tree; fencing is subject to
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staff review and approval
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8. Construction hours' are lunite'd to 'Monday, through Friday from 7:00 a.m. to
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6:00p.m. Only interior work may 'b'e performed on Saturda y. Noise generating
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constructionshall be prohibited on Sundays and allholidays recognized bythe City
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of Petaluma.. Construction activities that generate littleor no-, exterior noise, such as
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painting, electrical work, plumbing, .:efc., may be, exempted, from 'these more
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restrictive requirements "if' 'approved -in writing by. the Community Development
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Department. These construction, hours shall b "e included on improvement plans and
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buildingpe'rmit plans subrnitte&for review by the -City*.
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9. There shall` be no. start up' .of' internal combustion engines ;on construction related
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machinery or equipment prior to 8:00 a.m. Monday through'. Friday:
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45 10 ; Delivery of ; materials or equipment is limited to Monday through Friday (non -
46 holiday) between 7:30 am. and 6:00 p.m.
2 11. Machinery shall not be cleaned past 6:00 p.m. or serviced past 6:45 p.m. Monday
3 through Friday.. •
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5 11 All construction .equipment powered by internal .combustion engine shall be
6 properly4hufflered and maintained.
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. 13 • Equip combustion t is all b e turn
r ed off when g not in use: Unnecessary idling', of internal
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1' 1 14: All 'stationary` noise generating construction equipment shall be located as ,far as
12 practical from existing', nearby residences and other noise sensitive land uses. All
13 such equipment,shall be acoustically shielded.
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15 15. Quiet, construction equipment, in articular- air compressors, shall be used whenever
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18 1.6.. The .project applicant shall ,designate. a "noise 'disturbance, coordinator ", such as the
19 contractor or contractor',s representative, who is responsible for responding to, an y
20 local. complaints about .construction noise. The disturbance coordinator shall
21 determine the of the noise complaint (e.g. starting too early, bad muffler, etc.)
2 2 and takemmeasures to correct the problem.
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24 IT The name and phone number :of the Zisturbance.coordinator shall be conspicuously
25 posted at the construction site and shall be included on the plans ;subnutted for -
26 building permit.
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28 18. Prior to issuance of a building permit, a mailing shall sent to ;all property owner
29 and occupants that 'includes the constraction.schedule the project .City approved
30 construction hours ,for the project, and the nan e acid contact information for the
31 designated, "noise disturbance coordinator."
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33 19: Windows and doors ,shall be •repa.ired.where feasible. Prior to'issuance of'a building
.34 permit, the 'Historic and Cultural Preservation Committee ,shall determine the
35 windows and, doors that-will be- replaced and the `windows and doors that will be,
36 repaired The ;plans submitted for review by the Historic and Cultural Preservation- -
37 Committee shall identifywhich;windows and doors are proposed i to bereplaced and
3`8 which windows ,and doors, are proposed to be repaired. Which windows can be
39 repaired and the windows that require replacement, due to the extent of damage
40 shall be determined byistaff in. conjunction wrth .Carey,and Company review of the
41 existing, windows and doors and information provided by the-applicant -per. the
42 recommendations °contained in the Carey and Company evaluation. dated - November
43 2003.
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4 "5 20. Windows s and doors that are. damaged beyond b y d repair as determined in, compliance.
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46 with condition #2'0 above maybe replaced. 11e replacement windows and doors
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shall be wood sand true or 'simulated true divided light: p'er.the recommendations
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contained in the Carey and. Company, evaluation dated November: 2003.
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Manufacturer's .brochures and, cutsheets of the approved windows. an doors shall
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be submitted as art:,, of the application materials for Historic and Cultural
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Preservation Committee review of `the project.
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21. The windows and doors for the.new ;carriage house units sshall 'be wood frame and
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true or simulated true divided light.
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22. Prior to the ro`ect. ben scheduled 'for review by the Historic and Cultural
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Preservation `Committee, the .'following :items shall be reviewed by Carey and
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Company to evaluate consistency with the :Oakhill ;Brewster Guidelines and the
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Secretary of the Interior's Standards for Rehabilitation and Guidelines for
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Rehabilitating Historic, Buildings:
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a. Window and door eitsheets for replacement windows and doors;
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b. New cut's fof the`additional skylights;
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c. New cuts and modified ciAs to the north, south and „west elevations of the
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Sweed School building;
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d. Height of the rey sed`carriagO house units; arid
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e. Redesign and.inaten' of.fhe carriage house units.
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f Proposed colors :for ,the Sweed. School windows, and doors based on an
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investigation'of fhe.original colors o'ffhcelschool.
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The applicant is responsible -for all costs associated with the review of the project
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by Carey and Company--
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23. The applicant shall be required', to utilize Best Management `Practices regarding
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pesticide/lierbicide use . and fully com . mit - to I itegrated Pest Management
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techniques for the protection of pedestrian/bicycli, s., The applicant shall be
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required to post signs when pesticidelherbicide, use. occurs to warn pedestrians and
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bicyclists.
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24. Construction ;and, demolition . debris shall be recycled to the maximu .
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'feasible in order to minimize impacts on the landfill.,
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25.. In accordance with the provisions of the`Petaluma's Municipal Code, the applicant
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shall pay applicable City Special Development. Fees at'the time of building permit
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application, ;including,' but not' limited to sewer connection, water connection,
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community .facilities development, storm drainage impact, ,school facilities and
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traffic mitigation fees:
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26. 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 dny,:cla m, action, or
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proceeding against -the, City, its boards, commissions ,agents, officers; or
• 45 employees to attack, set "aside, void, or annul any of the approvals of the project
46 when such claim „or action is brought within the time period provided for in
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applicable ;State and /or: local statutes. The City shall promptly notify the
applicants /devel'opers of any such claim, action; or proceeding. The City shall
coordinate ii the defense. Nothing contained "in this condition shall prohibit the
City from.participating`in a defense of' any claim, action, or proceeding and if 'the
City chooses to do. so appellant shall "reimburse City for attorneys fees by the City.
From the Engineering Division
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Prior to improvement plan and final. map approval, the following_ Engineering conditions
shall bernet:
27. Along the entire frontage of Liberty Street and Keller `Street, any broken or-
di`splaced sidewalk, curb and gutter shall be removed Arid replaced cobblestone
curb shall `be retained and repaired, a& necessary , and existing driveways, shall be
removed and replaced. Provide streetlights as necessary. Twelve feet of red curb
shall be painted on Liberty Street on both sides of the; proposed driveway:
28. Evaluate, all existing retaining walls along the street frontages and adjacent
properties. `Retaining walls , that: are cracked, displaced leaning; or are evaluated as
unsound shall be replaced or repaired.
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2q. Proyjdei positive surface drainage and storm drains as necessary for the parking
area the open, courtyard. in the existing building and in the private exterior areas. •
The proposed drainage improvement shall not . affect the existing. adjacent
properties,
30. Individual water meters for':all lots, shall be required. Water services ,$-hall be at
least 1 5- inches in diameter with 1 -inch water meters. Abandon any''unused water
and sewer connections to `th'e satisfaction of the Water Resources and
Conservations, Department.
31. All overhead. utilities from the existing power °poles to the site and all new utilities
shall be placed underground.
32.'Prepare site improvement plans for building and encroachment permit approval.
The improvement plans shall include but not be limited to grading, paving; storm
drains. water and sewer.
33. Property lines at adjacent lots shall bisect theproposed walls equally.
34. `The property line between lot 7 and `8 shall be either a straight: line or` the upper
story °walls adjusted tom atch the property line as indicated on the tentative'map.
35. The "common area easements as shown on the; tentative map shall be added to
the definition of common area in the covenants, . condit'ons and restrictions
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(CC &R's). The common. area shall allow, for all utility installation and
maintenance.
36. A 10 -foot wide, public utility easement (PUE) shall be dedicated along the
frontage of Liberty. and' Keller Street" unless waived by the utility companies.
Above ground electrical`transformers shall not be allowed for this project.
From the Fire Marshal (707 778 -4389
37. Plans submitted for building permit shall include an address locator board with
unit designators at the • entrance to Liberty Street. The .designator board and the
location are subject to 'staff review and 'approval. The applicant shall coordinate
with the Fire Marshals , offs
•Street. ce'.the details for sign installation `for the parking lot
off of Liberty
38. Unit addresses shall be clearly visible from Keller Street.
39. Each unit is required to be provided with, an approved fire sprinkler system (13-
D). All areas shall be protected, includingJattics, closets and bathrooms over 55
q kflow
Ordinance 2084c 7uly 1 „ p 2000 tion devices shall be 'installed on the .riser as per
S: cc /resos /sweed. tshi.
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