HomeMy WebLinkAboutPlanning Commission Resolution 2023-08 05/09/2023Planning Commission Resolution No. 2023-08 Page 1
RESOLUTION 2023-08
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A TENTATIVE MAP FOR SUBDIVISION
AND CONDOMINIUM PURPOSES TO SUBDIVIDE THE PROJECT SITE INTO 22 LOTS WITH 132
AIRSPACE CONDOMINIUMS AND APPROXIMATELY 9,000 SQUARE FEET OF COMMERCIAL
SPACE FOR THE OYSTER COVE PROJECT LOCATED AT
100 EAST D STREET, 0 EAST D STREET, AND 0 COPELAND STREET
ASSESSOR PARCEL NUMBERS: 007-700-006, 007-700-003, 007-700-005
FILE NO. PLSM-2022-0002
WHEREAS, Joseph Scott Ward of Oyster Cove, LLC, on behalf of the property owner Lind Family
Trust, submitted a General Plan Map Amendment application to change the land use designation of an
approximately 1.86-acre portion of the 3.86-acre parcel addressed as 100 E D Street (Assessor Parcel
Number 007-700-006) from River Dependent Industrial (RDI) to Mixed Use, a Zoning Map Amendment
application to change the SmartCode Regulating Plan zoning on that same portion of the 3.86-acre
parcel from River Dependent Industrial (D3) to Urban Center (T5), and a Tentative Map for Subdivision
and Condominium Purposes (TSM) application and associated SmartCode warrant requests, for the
Oyster Cove Mixed Use Neighborhood Project; and
WHEREAS, the Oyster Cove Mixed Use Neighborhood Project proposes to subdivide the three-
parcel, 6.13-acre project site comprised of parcels located at 100 E D Street, 0 E D Street, and 0 Copeland
Street (APNs 007-700-006, -003, and -005) (the “Project”) into 22 lots with 132 airspace condominiums and
approximately 9,000 SF of commercial space; and
WHEREAS, the discretionary Planning entitlement Site Plan and Architectural Review is required
prior to the Project commencing construction, and application for this required entitlement will be
submitted subsequent to City Council adoption of the requested General Plan and Zoning Map
Amendments and approval of the Tentative Subdivision Map application and associated SmartCode
warrant requests; and
WHEREAS, the City prepared an Initial Study for the Project consistent with California Environmental
Quality Act (CEQA) Guidelines Sections 15162 and 15163, and determined that a Mitigated Negative
Declaration (MND) was required to analyze the potential for new or additional significant environmental
impacts of the Project beyond those identified in the General Plan EIR; and
WHEREAS, while the Initial Study/MND for the Project identified potentially significant impacts, all
significant impacts are mitigated to a less than significant level, and therefore the Project would not result
in any significant impacts to the environment; and
WHEREAS, on April 7, 2023, the City published the Notice of Availability (NOA) of an Initial
Study/MND on the City Project webpage, in the Petaluma Argus, filed the NOA with the Sonoma County
Clerk, posted the NOA to CEQAnet, and mailed the NOA to all residents and property owners within 1,000
feet of the Project providing for a 30-day public comment period commencing April 7, 2023, and ending
May 8, 2023; and
WHEREAS, on April 28, 2023, the applicant installed required on-site signage to inform the public
of this meeting with the Planning Commission, and pursuant to Section 24.100.B of the IZO, signage was
at least 32 square feet in area and placed in a position most visible to the public along the East D Street
frontage; and
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WHEREAS, on April 28, 2023, public notice of the May 9, 2023, Planning Commission public hearing
was published in the Petaluma Argus-Courier and mailed to residents and occupants within 1,000 feet of
the site; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
amendments on May 9, 2023; and
WHEREAS, the Planning Commission considered the staff report dated May 3, 2023, including the
CEQA determination included therein; and
WHEREAS, the Planning Commission also considered a related resolution to change the General
Plan classification from River Dependent Industrial (RDI) to Mixed Use (MU), to cover the same portion of
the site as the Zoning Map Amendment; and
WHEREAS, the Planning Commission considered the amendment to change the zoning
designation for approximately 1.86-acres of the 3.86-acre parcel located at 100 East D Street (Assessor
Parcel Number 007-700-006) from D3 to T5, and
WHEREAS, a staff report, dated May 3, 2023, and incorporated herein by reference, described and
analyzed the MND and the Project for the Planning Commission. The staff report reviewed conformity of
the tentative subdivision map with General Plan 2025, the Central Petaluma Specific Plan (“CPSP”), the
Petaluma SMART Rail Station Areas: TOD Master Plan and applicable zoning and other regulations, and
recommended approval of the Project. The staff report is incorporated herein by reference and available
for public review in the Planning Department at City Hall during normal business hours; and
WHEREAS the Planning Commission reviewed the staff report and the MND at a noticed public
hearing on May 9, 2023, at which time all interested parties had the opportunity to be heard. Following
the public hearing, the Planning Commission approved Resolution 2023-05 recommending the City
Council adopt the MND, and Resolution 2023-06 recommending the City Council approve a General Plan
Amendment, and Resolution 2023-07 recommending the City Council adopt a Zoning Map Amendment,
which resolutions are incorporated herein by reference and available for public review in the Planning
Department at City Hall during normal business hours; and
WHEREAS, the proposed Oyster Cove Mixed Use Neighborhood Project Tentative Subdivision Map
for Condominium Purposes is subject to Title 20, Subdivisions, of the Municipal Code (Subdivision
Ordinance) and the State Subdivision Map Act, which regulate the design and improvement of proposed
subdivisions. As described in the staff report, the Oyster Cove Mixed Use tentative subdivision map
proposes to subdivide the Project site into 22 lots with 132 residential townhome condominiums on 21 lots
and pedestrian walkways, vehicle alleyways, common areas, and an existing building on a single lot; and,
WHEREAS, the proposed tentative map illustrates the overall site layout, proposed roadway
improvements (roadway widths, future traffic signal, bike and pedestrian facilities), master utility plans
(water, sewer, and wastewater), grading plans, and stormwater treatment plans, among other
improvements. The Project is proposed to develop in a single phase, for which a Final Map will be
recorded for the purposes of development in accordance with the CPSP; and
WHEREAS, as discussed in the staff report, the proposed tentative map is consistent with the
Petaluma General Plan 2025, the CPSP, and with applicable provisions of the 2013 Amended SmartCode.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma Planning Commission hereby recommends
that the City Council find as follows regarding the Tentative Subdivision Map for Subdivision and
Condominium Purposes for the Oyster Cove Mixed Use Development.
A. The proposed tentative map as conditioned together with provisions for its design and
improvements, is consistent with the General Plan and the Central Petaluma Specific Plan, and will not
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be detrimental to the public health, safety, or welfare in that adequate public facilities exist or will be
installed, including roads, sidewalks, trail, water, sewer, storm drains, and other infrastructure.
B. The site is physically suitable for the density and the type of development proposed in that it a
relatively flat, undeveloped lot within the Urban Growth Boundary that will serve to use land efficiently
and promote infill at a residential density consistent with the vision of the SmartCode.
C. The design of the subdivision and the proposed improvements will not cause substantial
environmental damage, and no substantial or avoidable injury will occur to fish or wildlife or their habitat
in that the final MND provided mitigation measures to reduce identified potential impacts on
environmental resources, including biological resources and their habitat, to less than significant levels.
All identified mitigation measures are included as conditions of approval to ensure implementation
through the Project.
D. The design of the subdivision and the types of improvements are not likely to cause serious
public health problems in that the Project proposes a vibrant, walkable mixed-use neighborhood on
approximately 6.13 acres with a mix of residential and commercial uses, as well a multi-use path providing
access to the Petaluma River. No industrial uses are proposed and the MND identified no significant
health impacts.
E. The design of the subdivision and the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed subdivision in
that the project is proposing a grid network of alleyways that will connect to the City’s existing street
network, including provisions for public access and emergency vehicle access. Existing easements will be
realigned to mesh with the subdivision design.
F. The Oyster Cove Mixed Use Development Tentative Subdivision Map proposes warrants pursuant
to the CPSP and its implementing SmartCode to modify the following:
Removal of required “Hopper Loop Road” described in SmartCode Section 5.10.100 –
Thoroughfare Regulating Plan Central Petaluma Specific Plan Area
Modification of minimum Ground Floor Ceiling height requirement for Residential Uses and All
other uses from 10 feet and 14 feet, respectively, to a minimum of nine feet for all uses, if
required (Urban Standards Table, Table 4.10.m)
Modification of minimum Ground Floor Space Depth requirement of 30 feet, if required (Urban
Standards Table, Table 4.10.n);
Reduction in minimum Lot Size width from 18 feet to 16 feet, and depth from 80 feet to 36 feet,
if required (Section 4.80.100.B);
Modification of minimum Main Body Width requirement of 18 – 36 feet (maximum) to 16 – 34
feet (maximum), if required (Section 4.80.100.D);
Elimination of the Private Open Space requirement for Townhouse building types (Section
4.80.100.H); and
Modification to Parking Location requirements to allow parking in 2nd Layer (within first 20 feet
of unit ground floors) (Urban Standards Table, Table 4.10.p).
These warrants are justified by the following SmartCode Intent provisions: The T-5 Transect Zone Description
defines the zone as “consists of higher-density, predominately attached mixed-use buildings that
accommodate retail, offices, rowhouses, and apartments. It has a tight network of streets, with wide
sidewalks, steady street planting, and buildings set close to the sidewalks. Frontage types include shops,
storefronts, and galleries with a typical building height of 3-4 stories.”. It further states that the Zone
description shall constitute the Intent with regard to the “general character” of the development. The
removal of the required Hopper Loop Road allows the site design to facilitate walking and biking, as
alternatives to automobile travel; and other modifications, including the elimination of Private Open
Space facilitate development of a compact, pedestrian-oriented neighborhood. The requested warrants
provide compliance with Fire Code requirements - all in accord with the Intent statement in the
SmartCode.
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BE IT FURTHER RESOLVED that the Planning Commission hereby finds that the proposed Oyster Cove
tentative subdivision map complies with the requirements of Chapter 20.16, Tentative Subdivision Map, of
the Subdivision Ordinance and with the Subdivision Map Act as further described in the staff report.
BE IT FURTHER RESOLVED that the Petaluma Planning Commission hereby recommends that the
City Council approve the Tentative Map for Subdivision and Condominium Purposes dated June 17,
2022, and on file in the Planning Department, including the requested warrants, based on the findings
above and subject to the conditions of approval set forth in attached Exhibit 1, which is incorporated
herein by reference.
ADOPTED this 9th day of May 2023, by the following vote:
Commission Member Aye No Absent Recuse
Councilmember Cader Thompson X
Chair Bauer X
Vice Chair Hooper X
McErlane X
Potter X
Racusen X
Whisman X
___________________________________
Heidi Bauer, Chair
ATTEST: APPROVED AS TO FORM:
________________________________________ _________________________________________
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
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EXHIBIT 1
Oyster Cove Mixed-Use Development
Project File No. PLSM-2022-0002
May 9, 2023
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. Effective Date. The tentative subdivision map approval shall not be effective until the related zoning
map amendments are adopted and effective.
2. The day following the approval, the applicant shall provide the Planning Manager a check made
payable to the Sonoma County Clerk, in the amount required and published by the Sonoma County
Clerk to file the CEQA Notice of Determination (“NOD”) and the State Department of Fish and
Wildlife environmental filing fee (as required under Fish and Wildlife Code Section 711.4d) to the
Sonoma County Clerk’s office. Contact the Clerk’s office at (707) 944-5500 to confirm the sums.
3. All mitigation measures contained in the associated Mitigated Negative Declaration/Mitigation
Monitoring and Reporting Program are included by reference and shall be satisfied consistent with
the approved Mitigation Monitoring and Reporting Program.
4. The Final Subdivision Map shall be in substantial conformance with the Tentative Subdivision Map
dated June 16, 2022, except as modified by the following conditions of approval.
5. Prior to approval of the Final Subdivision Map and Public Improvement Plans and prior to the
issuance of subsequent development permits, the applicant shall add these Conditions of Approval
and the Mitigation Measures as notes to the first sheets of those plans.
6. Prior to Public Improvement Plan approval, to the satisfaction of the City Engineer and the Planning
Manager:
a. The plan set shall depict the River Trail and Promenade design details for review and approval.
The River Trail should be designed for multiple uses (walking and bicycling) and shall be
comprised of a minimum 10-foot-wide paved (concrete) surface with minimum 2-foot-wide
shoulders (decomposed granite or approved equivalent natural surface) on each side. The
pedestrian Promenade along the Petaluma River shall be comprised of a minimum 10-foot-
wide paved (concrete) surface.
b. Solar LED path light bollards shall be installed along the River Trail and spaced appropriately
to provide adequate lighting.
7. Prior to Public Improvement Plan approval, regarding street trees, the plan sets shall:
a. Note and depict structural soils under the sidewalks for a six-foot minimum distance inward
from all tree wells, for a 24-inch minimum depth, and for a length of at least 8 feet centered
on each street tree (SmartCode §4.60.040.C). At least one of these dimensions shall be
increased; a continual band of structural soils under sidewalks (via the connection of the 8-
foot minimum lengths within 15 feet of a street tree) is strongly recommended to improve the
street trees’ likelihood of success.
b. Note irrigation, walk-on mulch, and root barriers where appropriate (as specified at
SmartCode §4.60.040).
8. Prior to Public Improvement Plan approval and building permit approval, soils testing of landscape
areas should occur and the landscape architect shall add notes to the plan set to ensure that the
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street trees and site landscaping are planted in the most appropriate soils. Final landscape plans
shall be subject to staff review and approval.
9. No building permits shall be issued for any buildings on the site until the Final Subdivision Map has
been approved by the City Council and recorded at the County.
10. No building permits shall be issued for any buildings on the site until Site Plan and Architectural
Review (SPAR) has been reviewed and approved by the Planning Commission. The SPAR
application shall include:
a. Detailing of Wayfinding signage,
b. Inclusion of e-bike chargers, and
c. Detailing bike parking type and location
11. During Site Plan and Architectural Review, the Planning Commission shall determine compliance with
the Inclusionary Housing Ordinance, IZO Section §3.040, and implementing Housing Element Policy 4.3
(unless Alternative Compliance is requested of the City Council pursuant to IZO §3.040.D).
12. Consistent with Implementing Zoning Ordinance Section 3.040, the project shall provide at least 15
percent of the on-site dwelling units as inclusionary affordable units at the low- and moderate-income
levels. Half of the required inclusionary must be low-income units, and the remaining half must be
moderate-income units. The ownership covenants must stipulate that the inclusionary affordable units
must be affordable for a period of 45 years. Inclusionary units must be constructed and occupied prior
to or concurrent with the market-rate units and must be distributed throughout the project site to the
fullest extent practicable. The design, appearance, and general quality must be comparable and
compatible with the market-rate units.
13. The project’s partnership with Sonoma County Land Trust to establish compliance with the City's
inclusionary housing ordinance is anticipated. Compliance via another means would require further
review and acceptance.
14. At time of Final Map recordation, the developer/applicant shall record in the Official Records
Notification of Sonoma County the notice stated at SmartCode §4.70.050(A) “Note to all occupants
and users - the surrounding area may be subject to noise, dust, fumes, or other effects associated with
commercial and industrial uses and of river-dependent and/or agricultural support industrial
operations nearby which may cause effects at higher levels than would be expected in residential
areas.”
15. Prior to final inspection and Certificate of Occupancy, compliant with SmartCode §4.70.050 and
§4.70.020.E.1, the developer/owner shall provide evidence that the following notice shall be included
in all sale, lease, or rental agreements concerning any portion of the property and that the language
has been included in the project Covenants, Conditions, and Restrictions (CC&Rs):
“This document shall serve as a notification that you have purchased property, or you are leasing or
renting premises in an area where river-dependent, agricultural support, commercial, and/or industrial
operations are located, which may cause off-site effects including without limitation, noise, dust,
fumes, smoke, light, and odors, and which may operate at any time of night or day. The nature and
extent of such operations and their effects may vary in response to fluctuations in economic
circumstances, business cycles, weather and tidal conditions, and other conditions. This statement is
a notification that these off-site effects are a component of the industrial operations in the Central
Petaluma Specific Plan area of the City of Petaluma, and you should be fully aware of this at the time
of purchase, lease, or rental.”
16. This Tentative Subdivision Map approval shall automatically expire 24 months after the effective date
of the TSM approval unless the permit has been exercised or unless an extension of time is approved
in compliance with Cal.Gov.Code §66452.6.
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17. Prior to approval of the public improvement plans, approval shall be obtained from the Floodplain
Administrator pursuant to IZO §6.070 for all the improvements.
18. Prior to building permit issuance, the project shall be compliant with the City’s Visitability requirements
(reference PMC Ch. 17.14).
19. Prior to building permit issuance, the project shall be compliant with the City’s All Electric requirements
(reference PMC Ch. 17.09).
20. Prior to building permit issuance of the live/work units, interior plans shall demonstrate that the units
are designed to accommodate commercial or industrial uses as evidenced by the provision of
ventilation, interior storage, flooring, and other physical improvement of the type commonly found in
exclusively commercial or industrial facilities used for the same work activity, and shall be compliant
with applicable building and life safety/fire policies for such occupancies, pursuant to SmartCode
§4.70.020.D.2 and 3.
21. Use of a Live/Work unit (in exceedance of the uses allowed via a home occupation permit) requires
a Minor or Conditional Use Permit, as described at SmartCode §4.70.020.E.
22. Prior to building permit issuance, all development impact fees for the commercial component of the
project (including the public art in-lieu fee if public art has not yet been approved), shall be paid.
Fees for the residential component of the project are due prior to final inspection or certificate of
occupancy.
23. If the applicant elects to install Public Art on-site, the proposed locations shall be incorporated into
SPAR plans and shall be reviewed and approved by the Public Art Committee prior to installation.
24. Prior to final map approval, building permit issuance, and final inspection of building permits, all costs
owed on the processing of this application shall be paid in full.
25. This approval is granted for and contingent upon construction of the project as a whole, in a single
phase, with the construction and/or installation of all features approved and required herein. Phasing
of one portion of the project ahead of the other may be authorized by staff subject to a Construction
Agreement. Modifications to the project, including but not limited to a major change in construction
phasing, may require an amendment to this condition by the Planning Commission through the Site
Plan and Architectural Review provided at IZO §24.010.
26. The applicant shall defend, indemnify, and hold harmless the City and its officials, boards,
commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding
against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the
maximum extent permitted by Government Code section 66477.9. To the extent permitted by
Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in
accordance with this condition shall apply to any and all claims, actions or proceedings brought
concerning the project, not just such claims, actions or proceedings brought within the time period
provided for in applicable State and/or local statutes. The City shall promptly notify the subdivider of
any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the
defense. Nothing contained in this condition shall prohibit the City from participating in the defense
of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City
for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government
Code section 66477.9.
BUILDING DIVISION
27. CBC 1803.1.1 requires each subdivision to have preliminary soils investigations prepared by a state-
licensed civil engineer. Where soil hazards are identified, each lot shall have an investigation
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indicating preparations, recommendations, and corrective actions to prevent structural defects for
each dwelling.
28. Effective June 16, 2021, new buildings are required to have all-electric construction as defined in
Petaluma Municipal Code 17.36 and a permanent supply of electricity as the source of energy for all
space heating, water heating (including pools and spas), cooking appliances, and clothes drying
appliances, and has no natural gas or propane plumbing installed in the building.
29. For the 2022 Building Standards Code cycle, the City of Petaluma has adopted CalGreen at the Tier
1 level, with the exception of Energy Efficiency, which is adopted at the mandatory level only. Current
code adoption at the time of building permit application will govern construction requirements.
30. The City of Petaluma has adopted a Universal Access and Visitability Ordinance effective April 20,
2022. Visitability will require an accessible path from the public way to the main entry door, hallway,
and bathroom for a building with 4 or fewer dwelling units. Universal access will require 30% of the new
dwellings, in developments of 5 or more, to have specified access features. Be prepared to design
to comply with this ordinance.
31. For building permit applications for reconstruction, rehabilitation, repair, alteration, addition, or other
improvement of existing buildings or structures located in flood hazard areas, the building official shall
determine if the proposed work constitutes substantial improvement or repair of substantial damage.
Where the building official determines that the proposed work constitutes substantial improvement or
repair of substantial damage, and where required by this code, the building official shall require the
building to meet the requirements of CBC Section 1612.
32. The proposed project will require building permit application and construction plan approval in
compliance with the current California Building Standards Code in CCR Title 24 as adopted by the
City of Petaluma. The Building Division reviews applications and plans in accordance with this code.
The applicant will need to demonstrate compliance with the construction documents.
Full plan submittal is required as applicable to the project scope. Architectural, civil, structural,
mechanical, electrical, and plumbing systems are to be prepared by state-licensed design
professionals.
Building permit construction documents are to include occupancy classifications, design occupant
load, general building area, and height limitations, type of construction, and fire sprinkler provisions
data for each building on the subject parcel. A preliminary building code analysis is recommended.
PUBLIC WORKS & UTILITIES (ENGINEERING DIVISION)
Section 20.16.420 of the Subdivision Ordinance specifies that the City Engineer shall prepare a written
report of recommendations on the tentative map in relation to the public improvement requirements of
the Subdivision Ordinance and the provisions of the Map Act. The following list of Engineering Division
conditions constitutes the required report.
The following conditions shall be addressed at the time of the final map and improvement plan
application.
33. Pursuant to the Petaluma Bicycle & Pedestrian Plan, all multi-use trails shall be designed to Class 1 bike
path standards as contained in Chapter 1000 of the Highway Design Manual. The minimum width of
the two-way concrete paths shall be a minimum of 10 feet, depending on location, expected usage,
and site constraints. Both sides of the paths shall have a minimum of two-foot graded shoulders to
provide clearance from poles, trees, walls, fences, guardrails, and other obstructions. The pathway
shall include solar LED path light bollards spaced appropriately along the trail to provide adequate
lighting. The final path design, including widths and surfacing materials, shall be completed on the
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subdivision improvement plans prior to the recordation of the Final Map, subject to review and
approval of the City Engineer and Planning Manager.
34. Prepare final map and improvement plans per the latest City policies, standards, codes, resolutions,
and ordinances. Technical review deposits shall be required at the time of application submittal. The
final map shall be approved by the City and shall be filed with the county Recorder’s Office prior to
issuance of grading/site improvement permit or building permit.
35. All public improvements shall be designed and constructed per City Standards as well as Caltrans
and MUTCD standards as determined by the City Engineer.
36. All public improvements shall be ADA-accessible.
37. Traffic control plans are required for all stages of construction and shall be per the latest Manual on
Uniform Traffic Control Devices (MUTCD) standards.
38. Landscaping in public utility easements shall be limited to ground cover and shallow-rooted, low-lying
shrubs. Trees are not allowed.
39. 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 to
dedicate the necessary public right of way, public access, and utility easements to the City of
Petaluma on the final map. Any public easements located outside the boundary of the subdivision
shall be dedicated via grant deed with a legal description and plat.
40. All landscaping shall meet City Standards for low water use. The project site shall incorporate a
connection for recycled water for landscape irrigation use and implement it when recycled water
becomes available.
41. The trash enclosures with sanitary sewer drains shall be covered and not allow rainwater to enter the
sanitary sewer system.
42. Overhead utilities along the street frontages, within the project site, or traversing the site shall be
placed underground.
43. All existing unused water and sewer mains shall be identified on construction drawings and
abandoned at the main per City standards.
44. Joint Trench plans shall be submitted and approved by the City prior to starting undergrounding of
dry utilities The project shall comply with the City of Petaluma Phase II Storm Water Management Plan,
including attachment four post-construction requirements.
45. The on-site storm drain water treatment system shall be privately owned and maintained.
46. Prior to the issuance of a building permit, an operations and maintenance manual are required for
the proposed stormwater treatment system and shall be submitted with the building permit
application for review and approval by the City Engineer. The manual shall include an annual
inspection, by a Civil Engineer registered in the State of California, to ensure the detention and
treatment systems are operating as designed and constructed, as well as provisions to make any
necessary repairs to the system. A signed and sealed copy of the report shall be provided annually to
the Office of the City Engineer.
47. Prior to issuance of a building permit, the developer shall comply with the City’s Phase II stormwater
management plan and State of California NPDES requirements, including the submittal of a notice of
intent and stormwater pollution prevention plan to the State and City.
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48. All roads shall be privately owned and maintained except the portion of Copeland Street to the
parking lot. Sewer mains, storm drains, and storm outfalls shall be privately owned and maintained.
The water main shall be owned and maintained by the City of Petaluma with a public utility easement.
Public path shall install and maintain the publicly owned and accessible trail, in perpetuity per 6-p-18
of the City of Petaluma 2025 General Plan
49. A construction-level geotechnical report is required with the subdivision improvement plan that is lot-
specific.
50. 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.
51. Prior to issuance of a building permit, a public improvement plan application is required to be
submitted and approved for all frontage work and all on-site work within public easements. A public
improvement agreement package, including necessary bonds and insurance, is required. A
subdivision improvement agreement package is required prior to approval of the final map and
subdivision improvement plans. 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 for the proposed
home. All public improvement shall be completed prior to the issuance of the 80% of occupancy.
52. Comply with E12 post-construction stormwater treatment requirements. Submit a construction-level
report and plans with the building permit applications for 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 stormwater prior to acceptance of subdivision improvements.
The executed Stormwater Facilities Maintenance Agreement shall be recorded prior to issuance of
the first certificate of occupancy.
53. The project shall be designed to accommodate sea level rise. Provide a Sea Level Rise diagram.
54. All construction in the flood plain shall meet the applicable requirements of Chapter 6 of the
Implementing Zoning Ordinance (IZO), “Floodway and Flood Plain Districts”:
https://cityofpetaluma.org/documents/implementing-zoning-ordinance/.
55. Streets shall be privately owned and maintained by an HOA. Draft CC&R shall be provided as part of
the public improvement plan application.
56. Frontage improvements shall include a new 6-phase (wired for 8 phase) traffic signal at East D Street
and Copeland Street that includes crosswalk on all legs and new striping, signal interconnect (Fiber
optic) connecting the new signal to the intersection at D St and Lakeville as well as the D Street Bridge
to accommodate future signal coordination and preemption from the SMART Train and the
drawbridge. Signal shall consider protective permissive left turn phases as well as dedicated bicycle
and pedestrian phases that do not overlap with conflicting vehicle turning movements. Signal layout
shall be coordinated with future improvements related to adjacent development projects.
Improvements shall also include a northbound, sidewalk-level Class IV protected bike lane from the
drawbridge along the project frontage. The Class IV bike lane should be designed in accordance
with Caltrans Design Information Bulletin 89-01, “Class IV Bikeway Guidance.” Class IV bike lane
transitions at either end of the project shall be coordinated with improvements by the City and/or
adjacent development projects. The city will coordinate with the applicant to develop a cost
reimbursement agreement to provide for fair share of costs for future adjacent projects for which there
is nexus for signalization of the intersection of East D Street and Copeland Street.
57. 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. The existing six-inch line may
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be preserved if fire flow and pressure calculations meet City requirements, subject to approval by the
Fire Marshal and Public Works and Utilities Department. A separate fire line permit is required at the
time of construction through the fire marshal office.
58. Multi-story buildings (3 or more) without booster pumps can double-check backflows for residential
and reduce pressure backflow for commercial (Muni Code 15.09). Multi-story buildings (3 or more)
without booster pumps shall have a double detector check.
59. All easements and maintenance agreements for private utilities, surface drainage, and access, as
well as ROW dedication, shall be recorded concurrently with the final map and prior to the approval
of public improvement plans. Submit documents for review and approval as part of the final map
application.
60. Applicant responsible for coordinating and scheduling hot tap and paying necessary fees.
61. Storm drain outfall shall have duckbills.
62. The applicant shall submit the required stormwater pollution prevention plan (SWPPP) and obtain a
Notice of Intent (NOI) from the Regional Water Quality Control Board prior to any construction.
63. The intersection of Copeland Street and E D Street shall be repaved, including Copeland Street, within
the project. The pavement design shall be designed to a 20-year design life and included in the
geotechnical recommendation based on the existing site condition. The fire turnaround shall be
approved turnaround for fire apparatus (CFC 503.2.5) and support the imposed load of a fire
apparatus weighing up to 75,000 pounds.
64. Secondary fire emergency vehicle access (EVA) shall be provided with access to Hopper Street. The
EVA shall be designed and constructed to accommodate the turning movements of a fire apparatus
vehicle and support the imposed load of a fire apparatus weighing up to 75,000 pounds. The EVA
shall include gated access that the Fire Marshall can approve. The final map shall include an EVA
easement over City property that would be recorded with the final map.
FIRE MARSHAL
65. Multiple-family residential projects having more than fifty (50) dwelling units shall be provided with
two (2) separate and approved fire apparatus access roads. PMC Chapter 17.20 Section D106.1.
66. Where two fire apparatus access roads are required, they shall be placed a distance apart equal
to not less than one-half of the length of the maximum overall diagonal dimension of the lot or area
to be served, measured in a straight line between accesses. California Fire Code Appendix Section
D104.3.
67. Emergency Vehicle Access easements are not acceptable for required second means of access.
A public roadway is required for the second fire apparatus access road.
68. If a public roadway cannot be installed, an alternate equivalent means of protection in
accordance with CFC Section 104.10 shall be submitted for review and approval.
69. Where the vertical distance between the grade plane and the highest roof surface exceeds 30
feet, an approved aerial fire apparatus access road shall be provided. For the 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 Section D105.1
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70. 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 Appendix Section
D105.2
71. The fire code official shall determine the required turning radius of a fire apparatus access road.
72. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be
26 feet, exclusive of shoulders. CFC Appendix Section D103.1
73. The number of fire hydrants available to a building shall be no less than the minimum specification
in Table C 102.1. Footnotes (f) and (g) are added to read as follows: (f) 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 Section C102.1
74. Where fire apparatus access roads or a water supply for fire protection are required to be installed,
such protection is 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 of the
CFC. CFC 501.4.
75. 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.
76. 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
designated shall be maintained in a clean and legible condition at all times and be replaced or
repaired when necessary to provide adequate visibility. CFC Section 503.3
77. All required fire lanes will require either “No Parking Fire Lane” signs with locations to be determined
as this project progresses.
78. 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 Section 503.1.1
79. When access to or within a structure or area is determined by the Fire Code Official to be unduly
difficult because of secured openings (doors or gates) or due to the presence of hazardous
materials or fire protection systems, a key box shall be required to be installed at an accessible
location. The key box shall be an approved type and contain those keys necessary to gain access.
PMC 17.20 Section 506.1
80. Knox key box locations are to be determined by the fire code official.
81. 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 Appendix Section B104.3
82. 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.
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83. The type of fire line coming into this development will need to be reviewed by the City Engineer.
We expect it will be a “looped” water line for this size of development.
84. An automatic sprinkler system shall be installed in all buildings. Sprinkler systems shall be in
accordance with the CFC. Section 903.
85. Installation of the fire sprinkler system requires approved plans and permits from the Fire Prevention
Bureau prior to work commencing. The owner/contractor shall submit a permit application with
three (3) sets of plans, cut sheets, and calculations. This system must comply with NFPA 13 or other
applicable code requirements at the discretion of the Fire Marshal.
86. Sprinkler monitoring and fire alarm systems shall be installed in accordance with CFC Section 907.
87. Installation of the fire alarm system must be conducted with approved plans and permits obtained
from the Fire Prevention Bureau prior to work commencing. The fire alarm submittal shall include a
permit application with three (3) sets of plans, cut sheets, and calculations for review. This system
must comply with NFPA 72.
88. Water supplies for automatic sprinkler systems shall comply with this section and the standards
referenced in Section 903.3.1. The potable water supply shall be protected against backflow in
accordance with Health and Safety Code 13114.7. For connections to public waterworks systems,
the water supply test used for the design of fire protection systems shall be adjusted to account for
seasonal and daily pressure fluctuations based on information from the water supply authority and
as approved by the fire code official. CFC Section 903.3.5
89. Installation of the fire service underground requires separate approved plans and permits from the
Fire Prevention Bureau prior to work commencing. The owner/contractor shall submit a permit
application with three (3) sets of plans, cut sheets, and calculations. This system must comply with
NFPA 13 & 24.
90. Class I standpipes shall be installed in buildings three stories or over in height. Standpipes will be
provided with approved outlets provided on each floor level, including the roof, when roof access
is provided. PMC 17.20 Section 905.3.1
91. Installation of the standpipe system requires a separate approved plan and permit from the Fire
Prevention Bureau prior to work commencing. Standpipe system submittal shall include a permit
application with three (3) sets of plans, cut sheets, and calculations for review. These systems shall
comply with NFPA 14.
92. It will be necessary to provide the Fire Prevention Bureau with copies of your Phase I & Phase
Environmental Site Assessments (ESA) prior to the building plan submittal. This is necessary to
document past use of the site and to evaluate whether any potentially hazardous materials
impacts are expected during the construction phase.
93. Portable fire extinguishers shall be installed in accordance with CFC Section 906.
94. Portable extinguishers shall be installed and maintained in locations as required by the California
Code of Regulations, Title 19, Division 1
95. 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
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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 Section 505.1
96. Numbers for other than one-and two-family dwellings shall be a minimum of twelve inches (12”)
high with a minimum stroke width of one inch (1”). Suite and unit directional numbers shall be a
minimum of six inches (6”) in height with a minim stroke width of .75 inches. Individual unit numbers
shall be a minimum of four inches (4”) in height with a minimum stroke width of one-half (1/2”). PMC
17.20 Section 505.1.2
97. Each address identification character shall not be less than twelve inches (12") high with a minimum
stroke width of one inch (1"). Suite and unit directional numbers shall be not less than six inches (6")
in height with a minimum stroke width of three-quarter inch (0.75"). Individual unit numbers shall not
be less than four inches (4") in height with a minimum stroke width of one-half inch (½"). PMC 17.20
505.1.2
98. Where two (2) or more buildings cannot be viewed from the public way or when determined by
the Fire Code Official, an approved illuminated complex directory, monument pole, or other
approved sign or means shall be used to identify the structures at the main entrances to the
property. PMC 17.20 505.1.3
99. 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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