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HomeMy WebLinkAboutResolution 6329 N.C.S. 06/18/1973 Re-se( ion No ;.; .6329 � L I RESOLUTION; APPROVING, TENTATIVE SUBDIVISION 44 �, RN MAP OF DICKSON' HILL " . INTRODUCED BY COUNCILMAN i ? `J '- k ;1,444,4 nd SECONDED BY COUNCILMAN A . _At A REGULAR Meeting of the City Council of the City of Petaluma :on the 18th day of JUNE , 19 73 . WHEREAS', .Ron M. Nunn & Associates'. as owner (A/ and subdivider (s) has/MO filed 'with this Council a tentative map proposing to subdivide land withOn 'this. city to be known as Dickson Hill and have paid all required. filing fees; and WHEREAS , the Director of Public' Works , the Director of Planning • and Community Development , the Sonoma COUnty 'Water Agency, and the Plan- ning Commission have examined and reviewed the same as required by law and all reports , recommendations , and comments thereon have been forwarded to this Council ; NOW, THEREFORE,, BE IT RESOLVED that the above referred to tentative map be , and the same is hereby approved subject to the condi- tions set forth in Exhibit (s) A;,B- & C, attached" hereto and incorporated herein. - BE IT FURTHER .RESOLVED that the City 'Clerk be , and she is hereby directed to forward a copy- of this resolution to the subdivider (s) . ** ** ' ** ** ** I hereby certify that the foregoing resolution was duly and regularly introduced and adopted, by the Council of the City of' Petaluma on the 14th day of JUNE , 19 73 , by the :following vote: AYES: COUNCILMEN BRUNNER; CAVANAGH, JR. , CLECAK, DALY, MATTES, PERRY, JR., and MAYOR PUTNAM. NOES : NONE. ABSENT: NONE. ATTEST: / X1,4,42 !/�TAr/�Y�/ ('-- - ----� / Mayor 7 City Cie • Form #CA-11-3/73 r FILEQ • . PETALUMA CITY PLANNING COMMISSION �pa .. JUN 18i9 -2 ' -Y RESOLUTION NO. 12-73 LILLIAN NOMMSEN 1 CITY CLERK RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING APPROVAL/n e OM L FOR THE-,TENTATIVE MAP OF DICKSON HILL . INTROD CED BY CCP SST'ONRJ f �kt, , rL-+-ql- , and SECONDED BY COMMISSIONER a( c.LAme_. _ e a __ — meeting of the Petaluma City Planning mission held on the 29th day of — May 1973 , at the hour of 7 . 3Q o'clockp m. , in the Council Chambers, City Hall , Petaluma, California.. • \ • WHEREAS , _ Ron M. Nunn k Associates as 'owner and subdivider, hasrha .�e filed with ihe Cat; Planning Commission 20 copies of a 't—entat:ve map and statement of the proposed subdivision of land within the City to be known as Dickson Hill __ and has/have paid a filing _ fee 'as :required by Resolution No. 61.99 N.0_S. ; and WHEREAS, the Director of Public Works and the Direitor 'of Community Development have exa ineesd said map and have made written reports to the Planning Commission that the same do conform to the requirements cf Ordinance No, 1046 N.C,S. , the said reports are hereby approved and their recommendations and conditions are incorporated herein as though fully set forth; and WHEREAS , the Sonoma County Water Agency has made its report concerning the above sub- —, division and its recommendations and cnnditions' are incorporated herein as though fully set forth;; and WHEREAS , this Commission has iouhd that an Environmental Impact Report/negative declaration has been filed and found in order ; NOW , THEREFORE , BE IT RESOLVED that said tentative map be and the same is hereby recommended for approval to the City Council , subject to the following conditions: 1.) The: Tentative Map, Exhibit "A" , attached :hereto. 2) Conditions of approval as approved by the Planning Commission on May 29 , 1973 , to include the City Engineer ' s letter dated. May 25 , 1973 , are attached hereto as Exhibit "B" . BE IT FURTHER RESOLVED that the Planning Commission directs the Secretary to trans- mit the tentative map, the reports f ded; and this resolution as its recommendation of this Commission to approve the tentative map. ;< * * F * * * * * _ I hereby certify that the foregoing resolution was duly and regularly introduced and adopted by •the .Petaluma City Planning Commission of the City of Petaluma on the 29th day of May 19 73 by the following vote: AYES,: Comm. Bond, Balshaw, Hood, Popp 'NOES: one _ • ABSENT: .Comm. Waters , Daly, Schinelz !Lt - 7 1 Attest- /7/ C.. ✓_a .. -. ]�(`�.. `� �'�, Cha ; Can A PL-5-4173 • • - _ - - - .. Jailk DICKSON HILL SUBDIVISION CONDITIONS OF APPROVAL, AS APPROVED .BY THE PLANNING COMMISSION' ON MAY 29 , 1973. , 1. A one-foot non-access Strip shall be recorded along the eastern private road right-.o€-way adjacent to the lands of Livie , along the western right-of-way• adjacent to the lands' of Momsen and along the northern boundary of the existing 30 foot easement adjacent to the lands of O ' Shea.. The one-foot non-access strip indicated along West. Street should be eliminated. `2.. All utilities Shall le placed -underground and public utility ease- ments shall be indicated as per the requirements of the City Engineer. 3.. The Planning Commission and City Council, shall make the findings required by Section .2:2 . 7':-30(:) , allowing for access by means of a • private street , before, the Tentative: Map is approved. . 4 . Proper standard street name and "Stop" sign pole combination, to gether with a "Not-a-Through Street" sign shall be installed as required by the 'City Engineer. 5. The drainage improvements' (location, easements and, sizing) , shall be provided as required by the City Engineer and the Sonoma County Water Agency. 6. The .subdivider shall comply with Section 21..7l of the Petaluma City Code pertaining to tree Planting requirements'. 7. All street names as indicated on the subdivision are strictly tenta- tive names subject to. checking and revision by the City Building Department, 8. At least thirty (30) days. prior to the recordation of any final subdivision maps, the applicant shall submit to the Planning Commission the following documents which shall demonstrate to the satisfaction of the Commission_ that the total project will be developed and main- tained in accordance with the intent and purposes of this proposed development : a. The documents to convey title . b. The covenants , conditions and restrictions to be recorded. c.. The management and maintenance agreement to be entered into With the owners of the Lots within the project to be owned in common ownership. These documents shall 1e recorded at the same time that the. .subdivision map is recorded'.; 9 . A management 'company with the unqualified right to assess the owners of the individual lots for reasonable -maintenance cost shall be established and continuously maintained for those parcels of land which will be owned in common. The management company shall have EXHIBIT "B" . the right tb lien the lots of, the owners through default in the .payment of their assessments . Such lien shall not be subordinate to! any encumberance, o;ther, than the first deed of trust provided such • deed: of trust •is made in good faith and for value.:. 10:. All lots as shown on the Tentative Map shall be designed and con- (' structed in accordance with the requirements of. Zoning Ordinance No 1072 N.C.S . with no exceptions , unless ,elsewhere provided in these conditions of approval: 11.. All conditions referred to in the City Engineer' s letter of May 25 , 1973 shall be adhered to. 12. In accordance with Section 22 . 7 . 1301 of the Subdivision Ordinance , the subdivider shall dedicate. land, or pay •a fee in lieu thereof for park and recreational purposes . • • - 2 - e 9 I � 16�T man\,747M. ctraH 86B 'CITY OF 'PETAWMA, California POSt AS ENGLISH STREETS'.94952 'e TELEPHONE' (707) 763:2613 May 25', 1973 City of Petaluma Planning Commission. c/o Mr , William `McGivern Planning Director City Hall Petaluma., California 94952 Tentative Map - Dickson Hill Subdivision Gentlemen.: Section 22. 4..902 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 . This tentative map, has been submitted on the basis of a private street :s.9 .teth serving, the development . I have no objection to a private street, however, I ,point out to the Planning Commission that the private street must comply with Section 22. 7 . 300 of the Subdivision Ordinance; i . e . , the Planning Commission must make -findings in writing with the reasons , therefore, that such a private street is required for the most logical development of the land, and subsequently' the City Council must be satisfied that a plan for ownership And maintenance of the private street and the liability of taxes thereon is acceptable. As recommended at 'the Preliminary Map Conference, I again recommend that the curb to curb width of the private street where the houses front upon the street be 3'2 feet as required by the City Subdivision Ordinance, Section 22 . 7 . 502 , minimum standards for a ,cul-d'e-sac street, This will provide for two 11 foot lanes:, one eight foot parking strip on one side of the street and a two foot curb shy away on the other side. I believe this IS, necessary to proVfde convenient ingress and egress to the homes., since there will be situations that 411 411 Petaluma :Planning Commission Re: Tentative ,Map Dickson Hi11: Subdivision Page 2 May '2'5 , 1973 warrant on street ,Parking; i_, e. , two and three car families , visitors and guests , etc.: Section AA, on the tentative map should be redrawn to' comply with the above recommendation. The tentative tap as submitted does not show easements for the public sewer. and water lines , lying within Dickson Hill Street. Since this is proposed to, be a: private street, the tentative map should show the ,easements for the City maintained sewer and water lines, The tentative map does not show all the fire hydrants as required by the Fire Chief . it should. Since the developer has proposed a private street system, it is my recommendation that all in-tract storm drainage facilities as;sociated- with the development and with the private street system, also be privately owned and maintained. In particular, the storm drain system, proposed across the rear of Lots 4, 5, 6 •and 7 should definitely be privately maintain- ed; As a ,practical .matter it is very difficult for City maintenance crews to gain access to the rear of residential private property` for ma intenance' purposes . In addition, it would be, my recommendation that the drainage system across the rear of these lots be an underground pipe , ' rather than a surface gunited swale.. Trans backyard surface drainage systems are not very satisfactory since any property owner can negate the effect of the drainage swale to the inconvenience and discomfort of his neighbors simply by piling backyard brush, lawn trimmings , and trash in the swale . Each backyard should be graded to ;drain to a, catch basin which is served by the underground pipe. A gunited swale could be ,used across the rear` of each yard, in conjunction with the pipe drainage system to prevent surface run-off from the development upon the neighbo .ing downhill property. The sanitary sewer serving Lots 4, 5 , 6 and 7 along' the back- yard line of the ;property, should. be ,situated within a sanitary sewer easement dedicated to the City of Petaluma. This easement. should be designated as a sanitary sewer easement and not :a -public utilities easement , since it it extremely • Petaluma Planning Commission R"e: Tentative Map _ Dickson Hill Subdivision Page 3 May 25 , 1973 impractical to saddle the City with the backyard storm drainage maintenance .responsibilities . In addition to the sanitary sewer easement along the rear of the lots , we require a sanitary sewer access easement for our maintenance. vehicles along the common lot line between Lots 4 •and 5 . This will permit City maintenance vehicles to enter the sanitary sewer easement at the end of the cul-de-sac and exit on Dickson Hill Street at the easterly side of Lot 7 . Vehicular drive gates should be provided at the entrancey,side yard lot" 'lines , and exit points to this easement . No permanent form of landscaping or structures should be permitted on this easement that would prevent vehicular truck. access.. This is necessary in order to guarantee that the City's sewer rodding truck can have access to the cleanouts on the sewer pipe. Cleanouts will be required at each lot line . Backyard sewer lines are not very satisfactory or convenient from a maintenance stand- point , but it is apparent from the topography of this develop- ment that the tentative map designer has' located the sewer line for Lots 4, 5 , 6 and 7 in the only practical alignment possible. I realize that the above acces's easement requirements are a nuisance to the future property ownersrhowever, they are a necessity in order to guarantee adequate City maintenance of the sewer lines . 'Of course, all of the above sewer easement nuisance and inconvenience to the property owners could be eliminated if the future property owners association accepted the sewer maintenance responsibility along the back lot lines of Lots 4, 5, 6 and 7, terminating at the manhole on. Dickson Hill Street on the east side of 'Lot 7 . This would leave maintenance responsibility of the City confined to only the sanitary sewer system physically located within Dickson Hill Street itself . The existing City storm drain on West Street, as shown on the submitted tentative map , is in the wrong location; i . e . , C• Petaluma Planning Commission R.e.: Tentative, Map Dickson. Hi11 Subdivision Page 4 May 25,, 1973 the tentative map shows it on the north side of West Street and it is actually on the south side, The Subdivision Ordinance, Section. 22'.1/4,, 609 , requires • that the tentative map have indicated thereon the closest City benchmark and ,its elevation. This has not been done . The proposed sidewalk and curb return on 'the west side of the intersection of Dickson Hill Street and West Street may require an encroachment upon the Momsen property. The scale at which the tentative map Is drawn does not indicate as to whether there is sufficient, room within the easement and public right-of-way for the sidewalk transition to West Street . The subdivider should enter into a Subdivision Agreement with the City covering, the construction and bonding for the proposed public Sanitary sewer and water line. Ver-y truly yours , David A„ Young Director of Public Works and City Engineer DAY:h cc : City Manager DPW[Files 0 I.- C) ce c-) 71111 • kti tcr- gt cc, o 3 cr 7 CL. 1 04.1 oe 1.11 I 6 , L1/4-9 REPORT TO:: Planning Commission May 29 , 1973 FROM;; Director, of Community Development SUBJECT' 'Tentative _Map - Dickson Hill Subdivision (Ron Nunn & Associates) Section 22. 4 .901 of the Subdivision .Ord'inance requires that the Planning Director prepare a written report on the conformity of the Tentative Map to the provisions of. the General. Plan, the-Environmental Design Plan, the ' Zoning Ordinance, and all other applicable requirements of this and all other ordinances and regulations of the City: of Petaluma. in keeping with ordinance .requirements , the City of 'Petaluma Subdivision Committee met with the developer,Ron Nunn Associates , and discussed the submittal of a Preliminary Map. As a result: of that meeting, many items were discussed which have-teen either incorporated into the Tentative .Map or are proposed as Conditions of approval of the. Tentative Map. The Subdivision Committee :recommends approval of the Tentative• Map with the following conditions :.. I. A one-foot non-access strip ;shall be recorded along the eastern private road right-of-way adjacent to the lands of Livie, along the Western right-of-way adjacent to the lands of Memsen and along the northern boundary of the existing 30 foot easement adjacent to the lands of O'Shea. The one-foot non-acces's strip indicated along West 'Street should be eliminated. 2. All utilities shall be placed underground and public utility easements shall be indicated as per the requirements of the City Engineer. '3 . The Planning Commission' and City Council shall make the findings required by Section 22 .7. 30:0 , allowing for access by means of a private street, before the Tentative Map is. approved . 4. Proper standard street name and "Stop" Sign pole combination, together with a "Not-a-Through Street" sign shall be installed as required by the City Engineer. 5 . The drainage improvements (location, easements and sizing) , shall be provided as required by the City Engineer and the Sonoma County Water Agency. 6s. The subdivider shall comply with Section 2.2 .7-1 of the Petaluma City Code pertaining to tree planting requirements._ 7 . All street n'ames •as indicated, on the subdivision ;are strictly tentative names subject to checking' and revision by the City Building Department. 8i,. At least thirty ('39) days prior to the recordation -of any final sub- division map, the applicant shall submit to the Planning Commission the following documents which shall demonstrate. to the satisfaction of -the Commission. that the total project will 'be developed and main- tained in accordance with the. intent and purposes of this proposed development:. . _. •' Tentative Map - Dickson Hill Subdivision, May 29 ,. 1973 a'. The'; documents to convey title.. P. The covenants , conditions , and restrictions to be recorded_ c. The .management and maintenance agreement tO be entered into, with the owners of the lots within the project to be owned in common ownership. These documents shall be recorded, at the same time that the subdivision. map is recorded. 9 . A management company with the unqualified, right to assess the owners of the individual lots for reasonable maintenance ;cost shall be established and continuously maintained, for those. parcels of land which will be owned in common,. The 'management company shall have the right to lien the lots of the owners through default in the payment, of their assess- ments. Such lien. than, no;t: he subordinate to any encumberance other than the first deed of trust provided such deed of trust is made in good faith .and for. value. 10 . All lots as shown. on the Tentative Map :shall be designed and constructed in accordance with the requirements of Zoning Ordinance No. 1072 N.C.S . with no exceptions„ unless elsewhere provided in these conditions of approval. 11. All conditions :referred to in the City 'Engineer-"s letter of May 25 , 1973 shall be adhered to. • • • • -2- i PeSaluma City Plannng.m --s7 � ¢ ut a Sid lc tigtk+ n, ° The applicant was asked if he understood the conditions of approval and Mr. Marino Crinella , Westland Development Company, replied that he. did. Comm, Baishaw 'felt the school grounds should not he fenced but allowed to be open to the public. Mr.,. Lesly Meyer, Superintendent of Schools , was called upon for comments' regarding the requirement for a 6-foot fence along Sunnvhills Drive. He informed. the Commission that although he knew of no specific requrement :for a fence, that it was normally done and he felt it would be desirable for the neighboring families ., Mr. Meyer stated the school grounds are open as much as possible to the public and that installation of gates or other openings would provide; accessahility. He added that if fencing was utilized, landscaping would be desirable. Comm. Bond made a motion to recommend approval of. the Tentative Map with conditions of approval as cited., with the exception of Condition # 15 which would take a special action, and Comm. Balshaw seconded the motion. AYES 4 NOES 0 ABSENT 3 I-n accordance with Condition #k15 as recommended by the Director of Community Development, Comm. Hood made the motion to grant a modification of the provisions of SubdiVis on Ordinance No. 1046 N.C.S . to allow the six houses fronting on Ely Blvd. as shown on the Tentative Map, Comm, Bond seconded the / motion. AYES 4 NOES 0. ABSENT, 3 DICKSON HILL I The conditions of approyal. recommended by the Director SUBDIVISION. I of Community Development were read.. It was noted that TENTATIVE MAP : Condition #12 should he added to read as follows : "In accordance with Section 22,7 .1301 of. the Subdivi- sion Ordinance , the subdivider shall dedicate land; or pay a fee in lieu thereof for park and recreational purposes . " The developer was °asked if he understood the condi- tions of approval. Ron Nunn addressed the Commission and stated he understood the conditions of approval . However, he asked for- further consideration to reduce the width of the private street going into the develop- ment, HIe explained it had been originally proposed to -3- Petaluma City Planning ommissi_on Minutes , May 29 ,973 maintain a small country lane setting and the width required by the City Engineer of 35 ' destroyed the environment,. Mr . McCivern explained that the City Engineer was concerned about parking for additional cars and also for fire and police ":pr'Otection.. The request for approval, of a private street was discussed and Comm. Balshaw made the motion to recommend approval :thereof to the City Council. • Comm., Hood seconded the motion. AYES 4 NOES 0 ABSENT 3 Comm,. Hood then made the motion that the City Council be requested to consider the width of the proposed private street and reduce it from the requirements stated in the City Engineer 's letter dated May 25 , 1973., if, at all possible, and Comm. Balshaw seconded the :motion, AYES 3 NOES 1 .ABSENT. 3 SUN TERRACE Mr. McGivern read a telegram from U. S . Equities ,SUBDIVISION requesting a delay until June 5 , 1973 of the hearing TENTATIVE MAP : on the Sun Terrace Tentative Map in order to give them time to comply With recommendations of the staff. 'objections were raised and Comm. Bond made the motion to• continue the hearing on June 5 , 1973 . Comm. Hood seconded the motion. AYES 4 NOES 0 ABSENT 3 PETALUMA CITY HICH The staff' report regarding the Environmental Impact SCHOOL DISTRICT Questionnaire was read with the recommendation that ENVIRONMENTAL IMPACT an. EIR be required to include a description of the QUESTIONNAIRE & flood' hazard and other adverse environmental effects USE PERMIT U6-73 : and proposed Mitigation measures . The staff also advised the Commission that an _EIR was filed by the School ;District with the State but does not cover the guidelines necessary for our procedures for EIR"s; nor has it been prepared by a City approved Consultant. It wasi the determination that the use in the area possibly could .be compatible , but there are factors that must be ironed but to comply with State law. Comm:. Popp opened the Public Hearing. A recess was called at 9 : 40 p.m. and the meeting ,resumed at 9 “15 -4- • • • , I Council' Modification to Condition, #.1I. ' -', • -Dickson Ilill "Subdivision• Tentative Map ' , I' ' 1:" "That 'the curb "to, curb•:width ofi the private : F ' r i / .. street be changed from thirty two (32'').' feet-.. • ' ,.TO. twentyeight (28'' )feet'., `I •r` r n' . � . 2 -.,.That' parking be banned on one side, o8•'the street . and that selection- 'of, which stide 'to be determined '_ i •, x by the Homeowners,' (group') ands i"nciuded in their r . J Tc. • J-� l covenants • . . _ r. .. " '•E •.X H 14.B _I T , nc ' -, J;' to - r v