HomeMy WebLinkAboutResolution 91-013 N.C.S. 01/22/1991FZ~SOIUtI®11 N®. 91-13 N ~.5.
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of the City of Petaluma, California
RESOLUTION UPHOLDING APPEAL OF PLANNING COMMISSION DENIAL
OF VARIANCES AND IMPOSITION OF CONDITION REQUIRING
REDESIGN OF PROJECT TO A THREE-LOT SUBDIVISION
(CHERRY STREET PARTNERS ..PARCEL MAP)
WHEREAS, Cherry Street Partners as property owners requested approval of a four-lot
subdivision requiring four variances at 422 Cherry Street, Sonoma County Assessors Parcel
No. 006-021-11; and
WHEREAS, the Planning Commission considered the requests during a public .hearing on
November 13, 1990 at which time the variances were denied, based on specific findings and
a condition was imposed requiring redesign to a three-lot subdivision; and
WHEREAS, the applicants appealed the decisions to deny the variances and to impose
said condition in accordance with applicable provisions of the Zoning Ordinance (No. 1072
N.C.S.); and,
WHEREAS, the appeal. was considered by the City Council on January 7, 1991, during
which time public testimony was heard and considered prior to the Council rendering its
decision;
NOW THEREFORE, BE IT RESOLVED that the City Council approves the requested
variances to allow three lots of substandard depth (Lots 2, 3 and 4) and one lot of
substandard widths (Lot 1) as shown on Parcel Map Number 258 received 9/25/90, based
on the following findings:
1. There are exceptional, peculiar, or unusual conditions inherent in the
property sufficient to cause hardship, and which are not common to most
other properties in the same Zoning District.
2. The hardship is not created by an act of the owner (financial difficulties, etc.)
or by a neighboring violation.
3. Strict interpretation of the Zoning Ordinance would deprive the applicant of
privileges enjoyed by the owners of other properties in the same zoning
district.
4. The variance would not result in a special privilege for the applicant which is
not enjoyed by neighboring properties.
5. The variance would not result in a substantial detriment to a neighboring
property, other properties in the vicinity, or the general public interest.
His. No..........91-13...... n.cs. 1
1 BE IT FURTHER RESOLVED that the City Council approves Parcel Map Number 258
2 (Cherry Street Partners), based on the following findings and subject to the following
3 conditions:
Findin s:
1. The proposed subdivision, together with provisions for its design and improvement,
is consistent with the General Plan.
2. The site is physically suitable for the type of development proposed.
3. The site is physically suitable for the proposed density of development.
4. The parcel map provides reasonable access on a public road to the proposed lots.
5. The proposed map, complies with the requirements of the Municipal Code, Chapter
20.20 and the Subdivision Map Act.
6. 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.
7. The design of the subdivision and the type of improvements will not cause public
health problems.
Site Specific Conditions:
1. All requirements of the Fire Marshal shall be complied with, including:
a. All roof covering material shall have a Class "B" rating or better, treated in
accordance with he Uniform Fire Code Standard 32.7.
2. All requirements of the Public Works Department shall be complied with, including:
a. There shall be no square corners on the storm drain junction boxes. Storm
drain shall be aligned to have as near "straight through" flow as possible.
3. All requirements of the Engineering Department shall be complied with, including:
a. Full one-half street improvements shall be installed across the Cherry Street
frontage. These improvements shall conform to those installed by the
adjacent Keokuk Heights Subdivision.
b. All publicly owned and maintained sanitary sewer mains located in private
property shall be contained in its own exclusive 10' paved public easement.
c. All publicly owned and maintained storm drains located on private property
shall be contained within an exclusive 10' public easement.
d. This development shall be aware that the City Council has approved an
intent to enter in a storm drain payable agreement with the owners of
Keokuk Heights Subdivision. If this final agreement is approved prior to
recordation of the parcel map for this development, the owners of this
Reso. 91-13 N.C.S. 2
development shall contribute their fair share amount as specified in said
approved agreement.
e. All street lights used 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 LS2 rating
system.
Water service to this development is proposed from existing Zone 2 water
mains in Cherry and Keokuk Streets. The developer's engineer shall
determine the need for individual lot pressure reducing valves. If these
regulators are required, they shall be incorporated into the improvement
plans.
g. All grading erosion control required for this development. shall conform to
ordinance 1576 and erosion control.
h. Storm drainage improvement proposed by this development shall conform to
S.S.W.. requirements and master drainage plan.
i. This development shall be required to contribute a proportionate share of
cost of the proposed S.S.W.. Master Drainage Plan improvement for the
Cherr~Magnolia Drainage System. Contributions, determined by the
developer's engineer to the satisfaction of the City Engineer, shall be based
on a ratio of runoff from site to runoff from the watershed.
j. The developer shall comply with the amended Petaluma Municipal Code
Sections 20.36.010 and 20.36.020 which require the developer to pay storm
drainage impact fees (as calculated in Chapter 17.30) on construction in all
sections of the City of Petaluma.
k. Existing utilities fronting or traversing the site shall be undergrounded in
accordance with the Petaluma Municipal Code. All new utilities shall be
underground.
If the drainage course is to remain an open channel, its entire 100-year
overflow width shall be dedicated (through easement) to the City. 100-year
overflow hydraulic capacity shall be maintained in perpetuity by the
individual property owner. Developer's engineer shall submit calculations
verifying the required channel configuration and capacity to the satisfaction
of the City Engineer and the Sonoma County Water Agency.
4.
m. If the Community Development Department recommendation fora 3-lot
subdivision (to be served via shared flag access) is not approved, the
following will apply to the public street access proposed by the applicant:
1. Southwood Street shall be widened to a minimum of 28 feet
face of curb to face of curb. This street section shall consist of
2, 10 foot travel lanes, and an 8 foot parking lane. A 5 foot
sidewalk shall also be required along one side.
Project perimeter fencing shall be installed prior to commencement of any grading or
construction activity, .subject to staff approval.
Reso. 91-13 N.C.S. 3
5. Grading, particularly fill, shall be minimized (excluding filling in of the drainage
course). Building pad elevations within this development shall, as close as possible,
approximate adjacent pad elevations at Keokuk Heights and the Mason property.
6. Existing trees to the removed shall be replaced on-site at a 2:1 ratio (2, 15 gallon
trees for each tree to be removed, species and location to staff approval).
7. Development of individual lots shall be subject to full SPARC review with emphasis
on the following:
a. Tree preservation and protection.
b. Minimization of grading.
c. Preservation of privacy of existing neighboring uses to the degree found in a
typical single-family development.
d. Front yard ("public view") landscaping (applicable to lot with direct frontage
on Cherry Street).
e. Fencing and screening.
f. Quality of architectural materials and. design consistent. with surrounding
neighborhood.
g. Adjacent residents/property owners shall be notified of SPARC review.
8. The transition from two-way to one-way traffic on Cherry Street shall be shown on
improvement plans, subject to approval by City staff.
9. Written authorization from the property owner for any off-site work on private
property shall be submitted to City staff prior to final approval of the Parcel Map.
Standard Subdivision Conditions:
10. Construction activities shall comply with applicable Zoning Ordinance and
Municipal Code performance standards (noise, dust, odor, etc.).
11. In the event that archaeological remains are encountered during grading, the work
shall be halted and a qualified archaeologist shall be consulted for evaluation of the
artifacts and to recommend future action. The local Indian community shall also be
notified and consulted in the event any archaeological remains are uncovered.
12. The following Development Fees shall be applicable to this project: Community
Facilities, Park and Recreation Land Improvement, and School Facilities.
13. Temporary protective fencing with in-ground poles shall be erected at the drip lines
of all on-site trees to be preserved and all trees on neighboring property or in the
public right-of-way in proximity to construction activities. The fencing shall be
erected prior to any rough grading activity and shall be subject to staff inspection
prior to issuance of a grading permit. Hand-digging or other hand-work as needed
to preserve trees maybe required by staff.
14. All hazardous materials (as recognized by the City Fire Marshal) utilized on the
construction site(s) shall be kept within a fenced, locked enclosure, subject to review
and approval of City staff.
15. The project sponsor shall execute a binding agreement which shall stipulate that
upon close of escrow of each residential dwelling unit in Parcel Map 258, developer
shall pay $150.00 to the City per daily trip end estimated to be generated by said
unit. Each unit is estimated to generate 10.0 trip ends per day. If the City
Reso. 91-13 N.C.S. 4
1 establishes a Major Facilities Traffic Mitigation Fee prior to close of escrow of any
2 unit(s), the fee for said unit(s) and all subsequent units in this project thereafter be
3 the Major Facilities Traffic Mitigation Fee. Alternatively, in-lieu of execution of the
4 binding agreement, the full traffic mitigation fee may be paid prior to recordation of
5 the map.
6
7 16. The following operating practices shall be complied with during construction activity
8 on the project:
9
10 a. Hours of construction activity shall be limited to the hours of 7AM to 6PM,
11 Monday through Friday (non-holidays) except for quiet, interior work which
12 will not produce exterior .noise. The developer's telephone number shall be
13 available for noise complaints.
14
15 b. All construction equipment powered by internal combustion engines .shall be
16 properly muffled and maintained to minimize noise. Unused equipment
17 shall be turned off when not in use.
18
19 c. All exposed portions of the site shall. be completely sprinkled with water as
20 needed to provide adequate dust control as determined by City staff. Major
21 dust-generating activities shall be scheduled for the early morning hours
22 when wind velocities are low. All storage piles shall be covered, including,
23 but not limited to fill, refuse, etc.
24
25 BE IT FURTHER RESOLVED that the City Council of the City of Petaluma upholds the
26 appeal of Eleanor Mitchell and Associates thereby reversing the decision of the Planning
27 Commission.
28
29 BE IT FURTHER RESOLVED that the City Council finds that the requirements of
30 California Environmental Quality Act Guidelines, Section 15083, have been satisfied and
31 hereby incorporate by reference the Mitigated Negative Declaration adopted by
32 Resolution 91-~~ N.C.S. on January 22, 1991.
33
34 varchery/councils
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) ~4d~jeYii@) meeting
on the .22n~1 ............. day of ..._.....Janual:y................................., 19.9.L.., by the _ ,..
following vote:
City Att rney
AYES: Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: Read, Davis
ABSENT: olsey
ATTES'T' : ...... .............. ........ --...................._...-..-.. -.....-•-•--
City Clerk
~, i
Mayor
Gbuncil Fila ................................... c
CA 10-85 ~ Res. No.._.~~.-~. ~~.......... N.C.S. J