HomeMy WebLinkAboutResolution 6329 N.C.S. 06/18/1973 Re-se( ion No ;.; .6329
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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) .
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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
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Form #CA-11-3/73
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• . 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
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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.. • \
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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.
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_ 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 _
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ABSENT: .Comm. Waters , Daly, Schinelz !Lt -
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Attest- /7/ C.. ✓_a .. -. ]�(`�.. `� �'�,
Cha ; Can
A PL-5-4173
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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"
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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 .
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'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
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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
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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.
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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
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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
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I Council' Modification to Condition, #.1I. ' -',
• -Dickson Ilill "Subdivision• Tentative Map '
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1:" "That 'the curb "to, curb•:width ofi the private : F '
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street be changed from thirty two (32'').' feet-.. •
' ,.TO. twentyeight (28'' )feet'.,
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2 -.,.That' parking be banned on one side, o8•'the street
. and that selection- 'of, which stide 'to be determined '_ i •,
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by the Homeowners,' (group') ands i"nciuded in their
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