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HomeMy WebLinkAboutResolution 93-98 04/26/1993I~~SOILItIOt'1 No. 93-98 N C.S. 1 of the City of Petaluma, California 2 A RESOLUTION APPROVING A VESTING TENTATIVE MAP FOR THE TWIN 3 CREEKS RESIDENTIAL SUBDIVISION, A 44 SINGLE FAMILY RESIDENTIAL 4 PROJECT LOCATED AT THE CONFLUX OF WASHINGTON AND LYNCH 5 CREEKS AND THE PETALUMA RIVER AT 4 AND 8 ELLIS STREET (APN 007-221- 6 19, 136-100-21, 26, 29, 31, 32, 33, and a portion of 34) 7 8 WHEREAS, HYH Corporation filed with this Council in August of 1988 a Tentative Map 9 application for a Subdivision known as Twin Creeks; and 10 11 WHEREAS, an Environmental Impact Report was prepared and the Council certified as 12 adequate the Environmental Impact Report in June of 1990 by Resolution No. 90-182 but 13 denied without prejudice the tentative map application; and 14 15 WHEREAS, HYH corporation filed with this Council in August of 1990 a revised 16 Tentative Map application for the subdivision known as Twin Creeks, and a Supplemental 17 Environmental Impact Report was prepared and certified as adequate by Resolution No 18 92-11 N.C.S. and the Tentative Map was approved by Resolution No. 92-18; and 19 20 WHEREAS, anew Vesting Tentative Map was filed by Michael Hitchcock and Associates 21 on behalf of the owner HYH. Corporation on January 28, 1993 and said Vesting Tentative 22 Map was deemed complete on March 18, 1993; and 23 24 WHEREAS, the Planning Commission held a public hearing to consider the project on 25 March 23, 1993 at which time the Commission recommended that. the City Council 26 conditionally approve the Vesting Tentative Map; and 27 28 WHEREAS, an Initial Study/Mitigated Negative Declaration addressing the potential 29 impacts of the revisions to the Vesting Tentative Map has been prepared and approved by 30 Resolution No. 93-96. 31 32 NOW, THEREFORE, BE IT RESOLVED, that this Council hereby finds as follows: 33 34 Findings: 35 36 1. The proposed subdivision, together with provisions for its design and improvement, 37 is consistent with the General Plan policies pertaining to improving views and access 38 of the Petaluma River. Rcs. No..........9.3.-.9.8....... h.cs. 1 2. The site as conditioned to reduce impacts from flooding is physically suitable for the type of development proposed. 3. The density is comparable to the surrounding neighborhoods and the site is physically suitable for the proposed density of development. 4. The Vesting Tentative Subdivision Map provides reasonable public access on a public road to the proposed lots by providing two access points. 5. The proposed map, subject to the following conditions, complies with the requirements of the Municipal Code, Chapter 20.20 and the Subdivision Map Act. 6. As demonstrated in the 1990 EIR and the 1992 SEIR and 1993 Initial Study, the design of the subdivision and the proposed improvements as mitigated and conditioned will not cause substantial environmental damage, and no substantial or avoidable injury will occur to fish or wildlife or their habitat. 7. The design of the subdivision by raising the roadway and other improvements out of the Floodway and Floodplain, will not cause public health problems. 8. An EIR. and Supplemental EIR, and Initial Study have been prepared to address potential. impacts and the project has been reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15315, and the City Council has adopted a mitigated Negative Declaration for the revised project. BE IT FURTHER RESOLVED, based on the findings set forth above, that the proposed Twin Creeks Vesting Tentative Map (attached as Exhibit A) is hereby conditionally approved, subject to the conditions set forth and incorporated herein as follows: Conditions: The applicant must comply with the following conditions of the City Engineering Department: Reso. 93-98 NCS 2 1 1. The bridge, across Washington Creek, shall be 36' to 37' wide subject to approval by 2 the City Traffic Engineer and shall have the minimum freeboard, as required by 3 Sonoma County Water Agency during the 100-year discharge. Design constraints 4 shall include balancing cut and fill according to the City of Petaluma Zero Net Fill 5 requirements and avoiding any increase in the water surface elevation in a 100-year 6 event before and after bridge configurations. Improvement plans for the bridge will 7 be subject to approval by City staff prior to Final Map approval. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 2. No construction of buildings or net increase of fill shall occur within the flood-way. If stabilization and/or protection work is required, work shall be subject to review and approval of all appropriate regulatory and advisory agencies. 3. Grading plans shall comply with the City's Grading and Erosion Control Ordinance 1576 N.C.S. and include provisions to avoid silt entering the Petaluma River and Washington Creek from graded areas during construction periods, subject to review and approval of City staff. Grading plans shall also include an erosion control plan, subject to review and approval of City staff. The erosion control plan shall specify measures to reduce both short and long-term erosion problems. Grading plans shall be included in the improvement plans for the site which are subject to review and approval. by City staff prior to Final Map approval. The plan shall address the following: a. Location of all areas where soil and vegetation are to be removed b. Location of fill c. Method of stabilizing the areas d. Areas to be re-vegetated, method, types of vegetation and time for re- vegetation. e. Methods to reduce run-off from graded. f. Grading shall not be allowed from October 1 through April 15, the rainy season. 4. This development shall comply with all recommendations asstated in the soils report for this project. 5. In order to maximize compliance with the proposed Army Corps of Engineers Flood Control Project and avoid any re-contouring of land in the future, the location of the excavated area shall start at the existing top of bank, within the proposed channel Reso. 93-98 NCS 3 1 portion of the Corps plan (not the bench area) as shown in the SEIR, Figure 8. 2 Actual quantity of soil to be removed shall be no less than that amount necessary to 3 comply with the City's Zero Net Fill policy. Areas of excavation shall be shown on 4 the grading plans subject to approval by City staff prior to Final Map approval. 5 6 6. In accordance with PMC Section 17.30.020 Storm Drainage Impact Fees; payment 7 of fees is .required for all residential developments which cause an increase in run- 8 off less than two acre feet. Because of the sensitive nature of this area, The 9 applicant shall install a storm water detention basin. The storm drainage impact fee 10 be reduced in accordance with PMC Section 17.30.040 Reduction of Fees. 11 12 Design and construction of this basin shall comply with the City's Zero Net Fill 13 Policy, Ordinance 1782 and reduce loss of riparian habitat, the development of the 14 site shall be designed to insure no net increase in flood elevations either upstream 15 or downstream of the project site. To avoid increases in peak flows downstream 16 from this development, all flows in excess of existing storm-water flows shall be 17 detained on-site for up to 100-year recurrence interval storm. Outflow from the 18 storm-water detention facilities shall be regulated by a weir. The configuration of 19 the device shall be based upon the 100-year recurrence interval storms. 20 21 A mechanism for perpetual maintenance of the detention pond in functional and 22 aesthetically pleasing form shall be required for as long as detention pond is 23 necessary. Plans for the detention basin and mechanism for perpetual maintenance 24 shall be approved prior to Final Map approval. 25 26 7. Parcel A and B shall be dedicated to the City on the Final Map and transferred by 27 the City at such time as the agency responsible for maintenance is determined. 28 29 8. All sidewalks/meandering paths within this project shall be a minimum of 5' wide. 30 31 9. All drainage improvements including Petaluma River excavation, Zero Net Fill 32 compliance and detention pond adequacy shall be to the satisfaction of the City 33 Engineer and Sonoma County Water Agency and approved prior to Final Map 34 approval. 35 36 10. A 4-way stop shall be provided at the intersection of Ellis and Madison Streets. 4 Reso.93-98NLS _. ,. 11. All sanitary sewer manholes shall have watertight lids. 12. If positive lot drainage cannot be obtained then all backyard drainage control shall be within an underground pipe system with surface catchment swales and inlets. Common side yard drainage swales as shown on the Vesting Tentative Subdivision Map are not allowed per City standards. If common side yard drainage swales are proposed they shall be contained in a private storm drain easement and maintained jointly by the affected lots. The terms of maintenance shall be as specific in condition 13 below. 13. A private storm drain maintenance agreement between Lots served by this system shall be submitted in a recordable form. This agreement shall also specify timing of maintenance and be in a form acceptable to the City staff, and recorded concurrent with the final map. 14. All public storm drains shall be installed in a public street. A single outlet pipe into the River may be installed within the landscape open space, if contained within a 10 foot exclusive easement dedicated to the City. 15. All street lights within this development shall have standard metal fixtures dedicated to the City for ownership and maintenance. Prior to City acceptance, the developer shall verify all lights meet PG&E's IS2 rating system. 16. Signing and striping shall conform to City Standards. 17. Water pressure calculations shall be required for this development verifying the system adequacy for fire flows and domestic service. (This item shall be verified concurrent with improvement plan review). 18. The storm drainage outfall shall be designed in accordance with Sonoma County Water Agency. 19. A 10' PUE shall be dedicated adjacent to the public right-of-way as required by the utility companies. Reso. 93-98 NCS 5 20. This development shall be required to contribute to the City's Major Traffic facilities fee. 21. All overhead utilities fronting or traversing the site, 15KV or less, shall be underground. 22. Sidewalk shall continue along the northerly lot frontages of Twin Creeks Circle as shown on the proposed Vesting Tentative Map. 23. Height and extent of vegetation shall be installed and maintained to the satisfaction of the City Traffic Engineer to provide adequate site distance. The applicant must comply with the following conditions of the City Fire Marshall: 24. The architectural plans shall be designed to provide fire suppression systems at normal sources of ignition. These area are specifically at cloths dryers, kitchen. stoves, furnaces, water heaters, fireplaces and in attic areas at vents and chimneys for these appliances and equipment. 25. The applicant shall be required to provide fire hydrants as required by the Fire Marshals Office. Seven (7) hydrants will be required for this project and shall be shown on the improvement plans. The applicant shall contact the Fire Marshals office prior to submittal of the Improvement Plans to establish the locations of the fire hydrants. 26. The applicant shall be responsible for providing and installing equipment and computer monitoring hardware at the Washington Creek Bridge on Ellis Street and at Fire Department Headquarters. The applicant shall comply with the following conditions of the Planning Department: 27. The applicant shall satisfy all standards and design criteria of the Sonoma County Water Agency. 28. The Vesting Tentative Map and related improvements shall be subject to approval by SPARC prior to recording the Final Map. Reso. 93-98 NCS 6 1 2 29. The applicant shall be responsible for the formation of a Landscape Assessment 3 District to establish and maintain all landscaping within the public right of way and 4 on mitigation areas to be dedicated to the City. An agreement to enter into a 5 Landscape Assessment District must be signed by the property owner and recorded 6 with the Final Map. 7 8 30. The applicant shall obtain an estimate on the cost of replanting the area adjacent to 9 the project site which is within the 220' wide Army Corps project. The applicant 10 shall provide the City with a Certificate of Deposit prior to Final Map approval to 11 cover the cost of this re-planting job to be used to replant the area after completion 12 of the Army Corps Project. 13 14 31. The Improvement Plans shall include street trees in planter strips along the Ellis 15 Street extension. 16 17 32. The mitigation measures listed in Resolution No. 93-96 adopting a Mitigated 18 Negative Declaration for the project shall be considered conditions of approval for 19 the Vesting Tentative Map. 20 21 33. If there are any changes to the Army Corps project prior to approval of the final 22 improvement plans, the applicant shall modify plans to comply. If there are any 23 changes to the Army Corps project prior to installation of the landscaping on 24 Parcels A & B, the applicant shall modify plans to comply. 25 26 34. The applicants/developers shall defend, indemnify, and hold harmless the City of 27 any of its boards, commission, agents, officers, and employees from any claim, action 28 or proceeding against the City, its boards, commission, agents, officers, or employees 29 to attack, set aside, void, or annul, the approval of the project when such claim or 30 action is brought within the time period provided for in applicable State and/or 31 local statutes. The City shall promptly notify the applicants/developers of any such 32 claim, action, or proceeding. The City shall coordinate in the defense. Nothing 33 contained in this condition shall prohibit the City from participating in a defense of 34 any claim, action, or proceeding if the City bears its own attorney's fees and costs, 35 and the City defends the action in good faith. 36 Reso. 93-98 NCS 7 1 The applicant shall comply with the following conditions of the City Public Works and 2 Water Departments: 3 4 35. The existing 8" ACP water main that extends through the 10-foot utility easement 5 from Wilmington Drive shall be tied into the new proposed Holly Lane water main 6 in the immediate vicinity of the intersection of the existing 10-foot utility easement. 7 8 36. The new proposed Holly Lane water main shall tie into the exiting 8" ACP water 9 main on the south side of Washington Creek and as determined by the City Water 10 Department. 11 12 37. The new proposed Holly Lane water main shall cross Washington Creek by being 13 attached to the downstream side of the proposed bridge structure as determined by 14 the City Water Department. 15 16 The applicant shall comply with the following requirements of the City Police Department: 17 18 38. All addresses shall be illuminated to the satisfaction of the Police Department. 19 20 39. The applicant shall install one inch deadbolts on all front doors. 21 22 BE IT FURTHER RESOLVED, that this resolution shall supersede Resolution No 92-18 23 approving the original Tentative Map. 24 25 twin3tmr/ddb Under the power and authority conferred upon. this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was iritroduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) e~i~mee g on the .2fith ............. day of .........A.p~iL........-.............................., 16..9.3., by' the following vote: ........,-•-- --•-- ----- ----•----•------• C y Attor , ey AYES: Nelson, Barlas, Read, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: Hamilton ABSENT: None ATTEST CA 10-55 City Clerl ~ ~~~ ~ ~.~ 93-98 Qouncil File .................................... Res. No . .............................. 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