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HomeMy WebLinkAboutResolution 2006-085 N.C.S. 05/15/2006 Resolution No. 2006-085 N.C.S. of the City of Petaluma, California APPROVAL OF THE TENTATIVE PARCEL MAP FOR THE CHERRY HILL TENTATIVE PARCEL MAP WHICH WOULD ALLOW FOR THE 24-UNIT APARTMENT COMPLEX TO BE CONVERTED TO CONDOMINIUM UNITS AT 110 -158 CHERRY STREET APN 006-031-035 City File Number: OS- TPM-0652-CR WHEREAS, by action taken on April 11, 2006, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve the condominium conversion and the Tentative Parcel Map date stamped March 24, 2006; and, WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied as the project is categorically exempt pursuant to Section 15301, Class 1 (k) which allows division of existing multiple-family residences into common-interest ownership residences, where no physical changes occur which are not otherwise exempt; and, WHEREAS, the City Council considered the Cherry Hill Condominium Conversion proposal on May 15, 2006, and considered all written and verbal communications concerning potential environmental impacts resulting from the project before rendering a decision. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Parcel Map at 110-158 Cherry Street, APN 006-031-035, subject to the following Findings and Conditions of Approval: FINDINGS 1. The proposed project. is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (k), of the CEQA Guidelines, which allows existing multiple-family residences into common-interest ownership residences, where no physical changes occur which are not otherwise exempt. 2. The proposed Tentative Parcel Map complies with the requirements of the Municipal Code (including the Subdivision Ordinance), Chapter 20.20, and the Subdivision Map Act. 3. 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 sidewallcs, water, sewer, storm drains, and other infrastructure. 4. The proposed. Tentative Parcel Map complies with - or proposes no modification to legal non-conforming status of -the requirements of the Garden Apartment Resolution No. 2006-085 N.C.S. P1ge 1 Residence District (RMG) Zoning Ordinance, such as minimum lot size, width, depth, and setbacks, site area per dwelling units, usable open spaces, hillside combining district, and parking. 5. The proposed Condominium Conversion insure a reasonable balance of rental and ownership housing opportunities in Petaluma and a variety of individual choices of tenure, type, price, and location of housing. 6. The proposed Condominium Conversion is consistent with Municipal Code Section 20.30.010 in that the number of vacancies being offered for rent or lease within Petaluma was most recently calculation (2006) at a 7.7% vacancy rate which above the 3% vacancy rate under which a housing shortage has been found to exist and no condo conversions may be filed. The proposed conversion is consistent with section 20.30.040A and B in that there is a vacancy surplus (of 119 units) as of the most recent determination and as the vacancy surplus (number of units above the 3%) plus 40% is 166 and significantly greater than the 24 total number of rental apartment units being proposed for conversion to condominium. 7. The proposed Condominium Conversion is consistent with the Subdivision Map Act section 66427.1 in that each of the tenants of the proposed condominium received written notification of intent to convert at least 60 days prior to the filing of a tentative map, that each. of the tenants will be giving 180 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion, and each of the tenants of the proposed condominium has been or will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same or more favorable terms and conditions that such unit will be initially offered to the general public. 8. The subdivision will create 24 separate salable residential rights of exclusive occupancy, which are appropriate to the surrounding area and with the existing surrounding uses. Access to the public street (Cherry Street) currently exists, a fire lane is provided, and emergency access in coordination with the property to the north exists. 9. The design of the subdivision and the types of improvements will not be detrimental to the public health, safety or welfare. Adequate public facilities exist or will be installed, including driveways and. sidewalks, water, sewer, storm drain and other infrastructure. CONDITIONS OF APPROVAL From the Planning Division (778-4301): 1. Before issuance of any development permit, the applicant shall revise the site plan or other first sheet of the off ce and job site copies of the Building Permit plans to list these Conditions of Approval as notes. 2. The plans submitted for building permit/improvement plan review shall be in substantial compliance with the Tentative Map dated March 27, 2006. Resolution No. 2006-085 N.C.S. Page 2 3. Prior to Final Map recordation, those noticing requirements specified in Map Act section 66427.1 shall be satisfied. 4. Prior to Final Map and Improvement Plan approval, the improvement plans shall show the parking space to the south of building 130 rotated 90 degrees so that it does not interfere with the carport parking space and shall show any improvement necessary to bring the MW and CATV boxes up to traffic-rated standards. 5. Prior to Final Map approval, the applicant shall demonstrate to the city that they have made a good faith effort to work with the abutting Cherry Hill Homeowners Associate to come to an agreement to enable apedestrian/bicycle connection between these two private properties. Associated costs, for example rebuilding the fence to the west of the wooden emergency access gates and/or installed a keyed entry, shall be born by the applicant. 6. Prior to Final Map approval and subject to review and approval by the Community Development Department, the project's applicant shall: ® Draft Covenants, Conditions, and Restrictions (CC & Rs) that include a section describing the parking restrictions (including that the all residents of each unit may not have more than two vehicles), in order to enable the residents to collectively pursue any unit abusing the available parking. ® Draft a statement of notification to be recorded on the deed of each property's title regarding the availability of parking. ® Concurrent with the recordation of the final map, the application shall record this statement of notification on each title. 7. All lighting shall be glare-free, hooded and downcast in order to prevent glare into bicyclists' and pedestrians' eyes. 8. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within the project without first providing appropriate .signs warning of the use of chemicals. The project shall utilize Best Management Practices regarding pesticide/herbicide use and fully commit to Integrated Pest Management techniques for the protection of bicyclists and pedestrians. 9. Prior to building permit approval, the applicant shall submit for addressing review to the Community Development Department who will coordinate with the public safety departments. 10. Any construction activity shall be limited to Monday through Friday 8:00 a.m. to 5:30 p.m. Interior work only may be conducted on Saturdays from 9:00 a.m. to 5:00 p.m. Construction is prohibited on Sundays and all federal, state, and local holidays. This condition is more restrictive than the construction hours stated in Article 22 (Performance Standards) of the Zoning Ordinance because of the projects proximity to residential uses. Resolution No. 2006-085 N.C.S. Page 3 11. The applicants 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, the approval 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 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 if the City bears its own attorney's fees and costs, and the City defends the action in good faith. From the Building Division (778-4301): Prior to Final Map approval, the following work shall be finaled: 12. The flue pipes on all water heaters shall be brought up to code. The flues shall be double wall pipe within six inches from the wall and fire stops shall be added where the flue penetrates the sheet rock. The sheet rock which showed evidence of scorching shall be replaced. The combustion air openings in the boiler rooms shall be wrapped with sheet rock. Larger combustion air openings shall be provided at both water heaters in the laundry room. All water heaters shall have appropriate seismic strapping applied. 13. The flues on all furnaces shall be inspected and have double wall pipe installed within six inches from the sheet rock. Fire stops shall be added where the flues enter the sheet rock. 14. The applicant's licensed electrician shall inspect all main and sub panels in the buildings. If a sub panel is upgraded or moved it shall be installed outside of a closet. If the panel remains, the applicant shall have a metal box made to cover the panel in such a manner that it will be fully accessible but will provide fire protection in the closet from sparking should the panel or a breaker fail. 15. All outlets and switches shall be replaced in each apartment. All outlets in the kitchen shall be GFI protected to conform to CEC code. All appliances in the kitchen shall have disconnects as required by E code and not be hardwired as some of the dishwashers currently are. All bathroom outlets shall be GFI protected. 16. All water fixtures shall be changed to low flow devices throughout each apartment. 17. The applicant shall rebuild all of the staircases as they are in poor condition and not code conforming. 18. The applicant shall have each deck membrane evaluated and the underlying soffit checked for dry rot and repaired as necessary. Each deck shall have a new coating of Dex-O Tex or similar water proofing. Resolution No. 2006-085 N.C.S. Page 4 19. The entire exterior of the building shall be checked for dry rot. Damaged siding and trim shall be replaced and the building repainted. 20. The applicant shall add a layer of new sheet rock to the ceiling of each garage (as the original sheet rock was cheaply finished and there have been numerous patches over the years) in order to increase the fire protection between the parking areas and the first floor apartments. 21. The applicant shall retain the services of a structural engineer to determine how to add seismic strength to the garage level `soft story.' The applicant shall submit the engineer's report to the Building Division, for review and approval, and this work shall be completed. 22. New energy efficient exterior lighting shall be installed throughout the buildings. 23. New asphalt shall be applied to the parking lot. 24. All work shall be done with building permits. From the Public Works Department, Engineering Division (778-4301): The following conditions shall be addressed prior to the recordation of the final parcel map, unless noted otherwise. 25. Dedicate public right-of--way across the project frontage to include the existing sidewalk. 26. Dedicate a Public Utility Easement (P.U.E.) across the project frontage and onsite as required by the applicable public utility agencies. 27. Submit maintenance documents for all shared utilities (water, sewer and storm drains) and shared driveways. 28. Provide easements for all shared utilities (water, sewer, and storm drain) and shared access. If the common area is an overall easement for utilities and. access, it should be noted on the final parcel map. 29. Provide proposed easements as indicated on the tentative map. 30. All conditions, documents and improvements required by the Fire Marshal and Water Resources and Conservation shall be completed prior to recordation of the final parcel map. 31. Prepare the final parcel map per the latest policies, standards, codes, resolutions and ordinances. Parcel map fees, and technical review deposits shall be required at the time of the application submittal. Resolution No. 2006-085 N.C.S. Page 5 From the Fire Marshal (778-4398) 32. Prior to Improvement Plan approval, shift that the 9' x 19' parking space nearest the driveway entrance (shown on sheet 2) as far from the entry as possible to allow fire apparatus to better negotiate turns into the complex from Cherry Street. 33. Prior to Final Map, post "no parking -fire lane" signs on the retaining wall from the driveway entrance to the first perpendicular parking space. 34. Prior to Final Map, provide draft stops in the attic area to break up the attic into 3000 square foot areas. 35. Prior to Final Map, provide a minimum of one battery-operated smoke detector in each dwelling unit bedroom and in the hallway servicing the bedrooms. From the Water Resources and Conservation Department (778-4699) 36. Prior to Improvement Plan approval, individual water meters to each unit shall be shown or some type of mechanism shall be established such as HOA to be responsible for the water and sewer bills. Use of individual water meters entirely or where possible (such as to the duplex units) is encouraged. 37. Prior to Improvement Plan approval, the plans shall show that the reduced pressure backflow preventers are updated to City Standards. 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 Approv a to Council of the City of Petaluma at a Regular meeting on the 15`x' day of May, 2006, fo by the following vote: L~ City Attorne AYES: Vice Mayor Canevaro, Harris, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: Mayor Glass ABSTAIN: None ~,0~~,~~ ATTEST: City Clerk or Resolution No. 2006-085 N:C.S. Page 6