HomeMy WebLinkAboutResolution 2022-032 N.C.S. 03/07/2022 DocuSign Envelope ID:20BA8D82-D956-4F5E-95B4-1145EDB11930
Resolution No. 2022-032 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE PETALUMA CITY COUNCIL APPROVING A VESTING
TENTATIVE SUBDIVISION MAP FOR THE RIVERSCAPE TOWNHOMES
PROJECT AS PART OF THE RIVERFRONT MIXED-USE DEVELOPMENT
LOCATED AT 500 HOPPER STREET
APN 136-690-007
File No.: PLMA 21-0002
WHEREAS, the City Council adopted Resolution No. 2014-125 N.C.S., certifying an
Environmental Impact Report (EIR) for the Riverfront Mixed-Use development, including a
townhome component similar to the proposed Riverscape Townhome Project ("the Project");
and
WHEREAS, on June 29, 2021, the project applicant, Fieldstone Consulting submitted
applications to the City of Petaluma on behalf of Tim Lewis TL Partners V L.P. for a Vesting
Tentative Subdivision Map (File No. PLMA-21-0002) to subdivide the 3.68-acre property
located at 500 Hopper St. (APN: 136-690-007) into 44 townhome lots and 15 common open
space parcels and related application for Site Plan and Architectural Review (SPAR) for
development of 44 townhomes with associated site improvements and including a request for
SmartCode Warrants ("the Project"); and
WHEREAS, an Environmental Impact Report was certified by the City Council for the
Riverfront Mixed Use development on July 14, 2014 with Resolution No 2014-125 N.C.S. and
filed with the Office of Planning and Research (#2013062004). The Riverscape Townhome
Project is substantially consistent with the certified EIR and implements the townhome portion
of the approved Riverfront project on Lot 7; and
WHEREAS, at its public meeting on January 11, 2022, the Planning Commission held a
duly noticed public hearing to consider the Project, at which time all interested parties had the
opportunity to be heard, and the Planning Commission provided input on the Project, directed the
applicant to prepare revisions to the Project to address its comments, and continued the public
hearing date certain to its February 8,2022 meeting; and
WHEREAS, on January 27,2022,the applicant submitted revised plans for the project to
address Planning Commission input by, among other changes, increasing the number of units
from 44 to 50 consisting of 12 condominiums and 38 townhomes on 44 lots; and
WHEREAS, at its duly noticed public meeting held on February 8, 2022, the Planning
Commission adopted PC Resolution No. 2022-01 approving Site Plan and Architectural Review
with Warrants from specific SmartCode requirements for the Project and PC Resolution No.
2022-02 recommending City Council approval of the Vesting Tentative Subdivision Map for the
Project; and
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WHEREAS, at its March 7, 2022 meeting, the City Council held a duly noticed public
hearing to consider the Vesting Tentative Subdivision Map for the Project, at which time all
interested parties had the opportunity to be heard, and the City Council considered the staff
report dated, March 7, 2022, the Planning Commission recommendation, including the related
Site Plan and Architectural Review and Warrants applications and all public testimony provided
prior to and at the public hearing.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the
Vesting Tentative Subdivision Map for the Project based on the findings made below and subject
to the conditions of approval attached as Exhibit 1 hereto and incorporated herein by reference:
1. Consistency with the Riverfront Mixed-Use Project.
The proposed Vesting Tentative Subdivision Map is substantially consistent with the
Riverfront Mixed-Use project approved by the City Council on July 21, 2014 (Resolution
2014-127 N.C.S.).
2. The Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title
20 of the Petaluma Municipal Code (Subdivision Ordinance) and the California
Subdivision Map Act.
a. The proposed map is consistent with the General Plan and the Central Petaluma
Specific Plan in that it is on property designated for Mixed Use on the General
Plan Land Use Map and in the Central Petaluma Specific Plan which includes
among other uses attached residential development. Furthermore,the proposed
subdivision,together with provisions for its design and improvements will not be
detrimental to the public health, safety, or welfare in that adequate public facilities
exist or will be installed, including roads, sidewalks,water, sewer, storm drains,
and other infrastructure.
b. As designed,the subdivision is consistent with General Plan and the Central
Petaluma Specific Plan in that the project design and proposed use is consistent
with that of the General Plan in that the project is an infill site at a density greater
than that of surrounding uses (GP Policy 1-P-2), is part of a mixed-use
development that will include opportunities for increased transit use (GP Policy 1-
P-6), it incorporates Live/Work units that provides flexibility in use of the spaces
(GP Policy 1-P-7), includes extension of a multi-use path connecting the site to
the Petaluma River and to surrounding areas (GP Policy 1-P-44,2-P-12) and for
the reasons stated in the previous standard.
c. Physically, the site is well suited for residential development in that it is relatively
flat, generally rectangular in shape, adequate in size to support the proposed
housing, has direct access to Lakeville St., a major thoroughfare, and Highway
101,provides a transition between the large hotel structure to the west and single-
family residential homes to the south, and as designed, has appropriate noise
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attenuation features and screening to buffer the proposed homes from the adjacent
railroad tracks state highway.
d. The development is proposed at a density of 21.65 dwelling units per net acre.
This density of development is physically suitable for the site in that it can
accommodate reasonable sized townhomes with adequate private and public open
space, parking, landscaping, and amenities including a playground and pedestrian
and bicycle paths. The density of development also complies with the allowable
density ranges for the Project's location within the City's Zoning Ordinance and
applicable specific plans.
e. As documented in the Environmental Impact Report prepared for the Riverfront
mixed-use project, the project will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. Furthermore,
the project's drainage features have been designed to comply with water quality
standards.
f. The design of the subdivision and the residential improvements in the subdivision
are not likely to cause serious public health problems in that the project will be
not expose inhabitants of the homes to any known hazards and as documented by
the Environmental Impact Report prepared for the Riverfront mixed-use project.
g. The design of the subdivision does not conflict with easements, acquired by the
public at large, for access through or use of property within the proposed
subdivision.
3. An Environmental Impact Report was certified by the City Council for the Riverfront
Mixed Use development on July 14, 2014 with Resolution No 2014-125 N.C.S. and filed
with the Office of Planning and Research (#2013062004). The Riverscape Townhome
Project is substantially consistent with the certified EIR and implements the townhome
portion of the approved Riverfront project on Lot 7.
The minor increase in the number of townhome units from that originally analyzed in the
certified EIR was analyzed and found to cause no substantial increase in the previously
identified impacts or result in any new significant impacts. The revised plan will not
change the development footprint and therefore will not have greater biological, cultural
resource, geological, hazardous materials,hydrological, or noise impacts than were
evaluated in the EIR. Furthermore, as detailed in the W-Trans analysis dated January 17,
2022,the marginal increase in total daily trips caused by the additional units will be
offset by significant reductions in the total office uses in the Riverfront Mixed-Use
project or captured internally in the Riverfront site. Therefore,no further analysis under
the California Environmental Quality Act is required and the relevant Mitigation
Measures have been carried forward and apply to the Project.
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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 as to
Council of the City of Petaluma at a Regular meeting on the Th day of March 2022, form:
by the following vote: //Docuslgned by:
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AYES: Teresa Barrett,Brian Barnacle,D'Lynda Fischer,Mike Healy,Dave King,Kevin
McDonnell,Dennis Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by:
DocuSigned by: ,¢,-1A1Ai ATTEST: E,FF85E7448EO94E6a;Vn Pn?a-4e5 fit,Vl,Sa 1/ayytll
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Interim City Clerk Mayor
EXHIBIT 1
Vesting Tentative Subdivision Map
CONDITIONS OF APPROVAL
Riverscape Townhomes at Riverfront
Located at 500 Hopper Street
APN: 136-690-007
File No. PLMA-21-0002
Standard Conditions of Approval
Planning Division
1. Plans submitted to the City of Petaluma for purposes of construction shall be in substantial
conformance with the plans and color/material board on file with the Planning Division
January 27, 2022 except as modified by these conditions of approval.
2. At grading and building permit issuance,the applicant shall provide the City with an electronic
copy of final/approved construction documents in portable document(PDF) format.
3. Prior to the issuance of any construction permits, these conditions of approval, the conditions
of approval of the Riverfront Tentative Map and the MMRP of the Riverfront EIR shall be
included with the plan set. A copy of the approved plans shall be maintained on-site when
construction activities are occurring.
4. Prior to building permit issuance, all applicable development impact fees shall be paid.
5. At all times the site shall be kept cleared of garbage and debris.
6. The project shall comply with all performance standards of Implementing Zoning Ordinance
Chapter 21 unless addressed in the Conditions of Approval of the Riverfront Tentative
Subdivision Map or in the Mitigation Measures of the Riverfront EIR, in which case the
Riverfront COAs and Mitigation Measures shall govern.
7. All plantings 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 landscaping 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.
8. Herbicides/pesticides shall not be applied in areas used by pedestriansibicyclists within the
project without first providing appropriate signs warning of the use of chemicals. The project
shall utilize Best Management Practices (BMPs) regarding pesticide/herbicide use and fully
commit to Integrated Pest Management techniques for the protection of bicyclists and
pedestrians.
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9. All tree stakes and ties shall be removed within one year following installation or as soon as
trees are able to stand erect without support.
10.No signage is approved by this permit. Separate sign permits in compliance with the Smart
Code or Chapter 20 of the Implementing Zoning Ordinance, as applicable, shall be obtained
prior to the installation of signage.
11. Prior to commencing construction activities, a sign shall be posted on the site regarding the
allowable hours of construction and contact information for complaints. Proof of sign
installation shall be provided to the Planning Manager prior to construction commencing.
12. All standpipes, check valves, and other utilities shall be placed underground or fully screened
from view by decorative screening structures or landscaping to be reviewed and approved by
the Planning Manager.
13. The applicant shall defend, indemnify, and hold harmless the City or any of its boards,
commissions, agents, officers, and employees from any claim, action, or proceeding against
the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or
annul any of the approvals of the project,when such claim or action is brought within the time
period provided for in applicable State and/or local statutes. The City shall promptly notify the
applicants/developers of any such claim, action, or proceeding. The City shall coordinate in
the defense. Nothing contained in this condition shall prohibit the City from participating in a
defense of any claim, action, or proceeding and if the City chooses to do so appellant shall
reimburse City for attorneys' fees by the City.
14. All applicable Conditions of Approval of the Riverfront Tentative Subdivision Map and the
mitigation measures of Resolution No. 2014-125 N.C.S. certifying the Riverfront Mixed-Use
development Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting
Program (MMRP) (herein "Riverfront Approvals") are incorporated by reference and made
conditions of approval. In the event there is a conflict between the Riverfront Approvals and
these conditions,the more restrictive shall govern.
Special Conditions of Approval
Planning Division
15. City Council approval and recordation of a Final Map for the project shall be completed prior
to issuance of any Building Permits.
16. The front yard setback for Building#8 shall be reduced to no more than 15 feet.
17. Prior to issuance of a grading/building permit, the applicant shall provide a lighting plan for
planning staff reviewing and approval. The lighting plan shall include exterior light locations
and details of the proposed fixture type and brightness (lumens). All lighting shall be glare-
free, hooded and downcast in order to prevent light pollution and glare into bicyclists' and
pedestrians' eyes.
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18. The applicant shall be subject to any fees in affect at time of building permit issuance. Said
fees are due at time of issuance of building permit at which time, other pertinent fees that are
applicable to the proposed project will be required.
19. The manhole which provides access to an air-relief valve on the existing 36-inch sanitary force
main shall be lowered to match the level of the sidewalk, if feasible. If it is not feasible to
lower the manhole height, the applicant shall enhance the projecting manhole with a mural or
other design feature subject to prior review and approval by the Planning Manager.
20. A bicycle connection at the south side of Building No. 1 shall be provided from the alley
between Building Nos. 1 and 2 to Hopper St..
21. A transition from the Class 1 multi-use path to Hopper St. shall be provided on the north side
of Hopper St. east of the Caulfield Lane intersection.
Department of Public Works and Utilities
22. A public improvement plan shall be required for the remainder of the public improvements
for this phase of the subdivision. This shall be reviewed and approved by Public Works.
23. Intersection improvements for the new Hopper St entrance to the project area shall be
required. Include traffic controls, signage, crosswalks,pavement, curb, gutter and sidewalk to
integrate with the existing and future development.
24. The improvements presented and discussed for the River Trail MUP shall be a condition of
approval. Any modification thereof shall require approval of Public Works and Planning.
25. Storm water from the development should be conveyed to the privately maintained treatment
facility using privately maintained storm drains. The proposed easement and a stormwater
maintenance agreement shall be required.
26. Private alleys shall be maintained to the apparent fog line of the public roadway and include
the crosswalks.
27. Emergency vehicle access easements shall be required over private roadways.
28. The privately maintained drives shall have a clear maintenance responsibility that ensures
continued and consistent access over the individual properties.
29. The City is currently in design for a sanitary sewer forcemain to be located with the easements,
generally as shown on the plan. Please note that the design of the forcemain may be revised
during the normal course of the City's project. Construction may include use of the
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construction easement and limit access through the development, as well as disturbance for
any built and occupied residences. Schedules, access, and other beneficial construction
coordination to be required.
It is the intent for the City to complete the necessary utility work prior to final construction of
the improvements within the location identified. Therefore, the final lift of asphalt or
landscaping or other improvements in conflict with the City's project may be reasonably
deferred until completion of the forcemain or repaired at the cost of the developer.
30. Prior to issuance of a building permit, the developer shall comply with the City's Phase II
storm water management plan and State of California NPDES requirements including
submittal of a notice of intent and storm water pollution prevention plan to the State and City.
31. Comply with E12 post construction storm water treatment requirements. Submit a construction
level report and plans with the building permit applications for the future homes demonstrating
compliance with the E12 requirements. The applicant is required to enter into the City's
standard operation and maintenance agreement for treating storm water prior to acceptance of
subdivision improvements. The executed Stormwater Facilities Maintenance Agreement shall
be recorded prior to issuance of first certificate of occupancy.
32. Submit final, SCWA approved construction level hydrology calculations with the subdivision
improvement plans and final parcel map applications per Sonoma County Water Agency
standards. Sonoma County Water Agency review and approval is required prior to the start of
construction.
33. The applicant shall submit the required storm water pollution prevention plan (SWPPP) and
obtain a Notice of Intent (NOI) from the Regional Water Quality Control Board prior to any
construction.
34. The proposed water main system shall be public and have the capacity to deliver a continuous
fire flow as designated by the Fire Marshal. Submit fire flow and pressure calculations for the
existing and proposed extended water main with the subdivision improvement plans.
35.New water, sanitary sewer, landscape and irrigation, storm drain, and street improvements
shall be designed and installed per City Standards. htt sp .//cily petaluma.org/city-standards/.
36. Submit joint trench plans with the Subdivision improvement plans. Pavement restoration shall
comply with the City's current trench detail standard.
37. Subdivision improvement plans and the final parcel map shall be prepared per the latest
polices,standards,codes,resolutions,and ordinances. Subdivision improvement plan and final
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parcel map application and fees, including technical review deposits shall be required. A
subdivision improvement agreement package including necessary bonds and insurance is
required and shall be executed prior to start of construction. A building permit is required for
on-site grading, utility, and drainage improvement work. All subdivision improvements shall
be completed and accepted by the City, including on-site improvements, prior to issuance of
any certificates of occupancy.
38. Prior to approval of public improvement plans any easements over public ROW and/or within
SMART parcel(s) shall be confirmed.
39. Crossover easements and maintenance agreements for private utilities, surface drainage and
access shall be recorded concurrently with the final parcel map. Submit documents for review
and approval as part of the final parcel map application.
40. A scanned copy of the recorded final parcel map shall be submitted in a format compatible
with the City Graphic Information Systems. As-built drawings shall be submitted prior to
acceptance of the improvements.The applicant shall submit 1:1 scale,electronic plans in.PDF
format.
41. All the public improvements shall be designed in accordance with the latest City of Petaluma
Public Works and Utilities Department Standards & Specifications, latest edition of the
Manual of Uniform Traffic Control Devices (MUTCD) and Caltrans standards.
42. Prior to the issuance of a building permit,the applicant shall submit a complete landscape and
irrigation documentation package consisting of all the required elements found in the
Landscape Water Use Efficiency Standards located in Petaluma municipal Code (PMC)
Section 15.17.050.
43. A refuse removal access plan and refuse removal schedule with written confirmation from
waste removal provider(Recology) is recommended.
44. Provide Street names that do not conflict with exiting City Streets.
45. Provide a photometric plan which includes the street and path lighting.
46. River Trail MUP trees shall be placed and sized to have a minimum canopy height of 7 ft
above path for sight distance/safety.
47. Trail maintenance shall be covered under a Community Facility District(CFD) shall be
executed prior to issuance of building permit for River Trail and appurtenances/fixtures
therein.
Fire Department
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48. Where the vertical distance between the grade plane and the highest roof surface
exceeds 30 feet approved aerial fire apparatus access road shall be provided. For
purpose of this section,the highest roof surface shall be determined by measurement
to the eave of a pitched roof,the intersection of the roof to the exterior wall, or the top
of parapet walls,whichever is greater. CFC Appendix D105.1
49. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26
feet, exclusive of shoulders in the immediate vicinity of the building or portion
thereof CFC D105.2
50. The required turning radius of a fire apparatus access road shall be determined by the
fire code official.
51. Where a fire hydrant is located on a fire apparatus access road,the minimum road
width shall be 26 feet, exclusive of shoulders. CFC D103.1
52. The number of fire hydrants available to a building shall be no less than the minimum
specification in Table C 105.1. Foot notes (f) and (g) are added to read as follows: For
commercial, industrial and multifamily residential dwellings, average spacing shall be
no greater than three hundred feet(300'). (g)A fire hydrant shall be located within
fifty feet(50') of FDC, or as approved by the Fire Code Official. PMC 17.20 C103.1
53. Where fire apparatus access roads or a water supply for fire protection are required to
be installed, such protection are required to be installed, such protection shall be
installed and made serviceable prior to and during the time of construction except
when approved alternative methods of protection are provided. Temporary street
signs shall be installed at each street intersection where construction of new roadways
allows passage by vehicles in accordance with section 505.2. CFC 501.4
a. Prior to bringing combustible building products onsite; fire hydrants will need to
be fully functional and roads will need to be in good condition and able to support
the weight of a fire engine in all weather conditions. Approval from the Fire
Marshal and City Engineer will be required in advance of bringing combustibles
onsite.
54. Where required by the fire code official, approved signs or other approved notices or
markings that include the words NO PARKING-FIRE LANE shall be provided for
fire apparatus access roads to identify such roads or prohibit the obstruction thereof.
The means by which fire lanes are designate shall be maintained in a clean and
legible condition at all times and be replaced or repaired when necessary to provide
adequate visibility. CFC 503.3
a. All required fire lanes will require either"No Parking Fire Lane" signs with
locations to be determined as this project progresses.
55. Approved fire apparatus access road shall be provided for every facility,building or
portion of a building hereafter construction or move into or within the jurisdiction.
The fire apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility. CFC 503.1.1
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56. The Fire-flow calculation area shall be the total floor area of all floor levels within the
exterior walls, and under the horizontal projections of the roof of a building. CFC
B 104.3
a. Minimum fire flow for buildings shall be calculated as specified in the 2016
California Fire Code Appendix B, "Fire Flow Requirements for Buildings," as
amended by Petaluma Municipal Code.
b. The type of fire line coming into this development will need to be reviewed with
the City Engineer. We expect it will be a"looped"water line for this size
development.
57. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be
permitted in Group R-3 occupancies and shall be provided throughout all one- and
two-family dwellings regardless of square footage in accordance with the California
Residential Code. An automatic sprinkler system shall be installed in all mobile
homes,manufactured homes and multi-family manufactured homes with two or more
dwelling units in accordance with Title 25 of the California Code of Regulations
PMC 17.20 903.2.8.1
a. Installation the fire sprinkler system requires approved plans and permit from the
Fire Prevention Bureau prior to work commencing. The owner/contractor shall
submit a permit application with plans, cut sheets, and calculations. This system
must comply with NFPA 13D.
58. New and existing buildings shall be provided with approved illuminated or other
approved means of address identification. The address identification shall be legible
and placed in a position that is visible from the street or road fronting the property.
Address identification characters shall contrast with their background. Address
numbers shall be Arabic numerals or alphabetic letters.Numbers shall not be spelled
out. Character size and stroke shall be in accordance with Section 505.1.1 through
505.1.2. Where required by the fire code official, address identification shall be
provided in additional approved locations to facilitate emergency response in
accordance with this code and Section 505.1.3. Where access is by means of a private
road and the building cannot be viewed from the public way or when determined by
the fire code official, a monument,pole, or other approved sign or means shall be
used to identify the structure. Address identification shall be maintained. PMC 17.20
505.1
59.Numbers for one- and two-family dwellings shall be not less than four inches (4")
(101.6 ram)high with a minimum stroke width of 0.5 inches (12.7 mm).PMC 17.2
505.1.1
60. Landscape plans shall not contain any pyrophytic (fire prone) species in the Plant
Legend. While there are many resources available,the UC Davis Extension and Fire
Safe Marin are two resources that provide extensive information regarding fire
resistant plants, and fire prone plants. It is recommended to choose fire resistant
plants, as fire prone plants will not be accepted.
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