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HomeMy WebLinkAboutAgenda Item 5A 114-Q. 2. 2801 2:2EFP1 P 2 .,./FROM : LAO OFFICES PHONE AD. 707 778 7573 5A sr. I R LAW OFFICES 07' V PIOTRKOWSKI FITTH STREET P . 0 BOA e.;6"2.4 PPTALL1M .S, cHALrtc: nixA Ift..1 1 Y. le \it9gL ( 707 ) 77 $ 15t F.ACS.IMILE . ( 707 ) 776 - 7675 • March 2, 2001 • VIA FACSIMILE: (707) 778-441 • City Manager's Offiee' City of Paalurna • 11 English Street Petaluma',CA 94952 ATTN: Katy • Dear Kitty: • • At the request of Janice Oder-Thompson, I am forwarding to you a copy of a .letter signed by MTS. Maxwell agreeing to grant to the City the additional ten foot easement described in the'letter Thank you for your consideration, Very truly yours, -cit.tk44-10_)i)K • IRV PIOTRICOWSICI 1P:pk/enci. cc: Mr.Mikt Moore,Planning Dept. (via facsimile-7784498) • • II/ MFP.. 2. 2001 2:3 M FROM : LAW OFFICES PHONE bq. 707 778 7�7 ray `7. 200 i Git r.of PSlum& Zwitto ;i u taxi Piimittevepammett by ent.,S,ztye ucideit.hp 'nm that t'so Cs'tri, t latYChiCimth.ittee's. teq tesigtocareMetfltra on?itert�ajrs lands,of:4'nwtt;ajacatis the . fitinacie .s St:bdevislet up F vs t'{na,iz . in the pasta arde:to sehiev„c.antatenstwC I'agre0410, to the Ci y.a 20 foot: easement akvig the eat:sad minty Uttatlien.roaning'ttp the Prato inOptny.yebicla ti c.Citr. ? c ezeicand r thet he 2 'tbat tomcat by en3rad.beceua h tha stag Sada the:20 fbot'easgo*Ot brasaealty utt le which *tat stated it:thecOunat teiectipsby my agent We aced to widonthistesemsas to appionimatelyia5..fe$s:=M" is endbe arbinid to r alekthe Item p usable., Itateolt np ppro LS•aenesr rylaad. that wo this ea 'to lienttd�e of the Pk c►ato'***I ' icier t3��"�, _ strata p,0.wo UtiBet.�se.tawzvehs,an test tic weedy do to tei her ;Sa dhsrn. undersand this stool tmsted laeStny t896t£'7it poasibL:tCi bau`8;8'tPat ftc D Sheet ep tbs tar to me to sybdivisit n: pm in to,*nit the.City of euthanaan'ddltk atmatett0:feet in. width rtiudeg$vsn,d►e teidattent the P:l*o;.properyto 3!'feet a1ongthefls *flaws et}ee.icte. ytihelfzet Esc is'aaperov dby the ttty otime L - , hay,aasiarer war L et? o tinasmsswt8net„;ieve°iteStovattbj yaar re signing IfyOis have.any.tracttious_ptjea total RV Melt St$tBB tsy*('7O7 J74.O6b9. . Eth essay,, • • , • I tL` . Pentiae'N via. 110 • CITY'OF PETALUMA, CALIFORNIA 54 AGENDA BILL Agenda Title: .Meeting Date: Resolution approving, the Final -Map for the Pinnacle •March 5, 2001 Heights (formerly"Maxwell):Subdivision. . Department: Director:: Contact Person: Phone Number: Community Mike Moor 6\ \ Curt Bates / 778-4301 • Development 7 1 C/ •Cost•of'Proposal: $0:00 Amount Budgeted: $0.00 • Account Number NA • Attachments to Agenda Packet Item: Vicinity Map and Overall Site Map Draft Final Map Resolution Resolution Number 96-121 Approving.a Mitigated Negative Declaration • Resolution.Number 96-124;Approving a Planned Unit District Development Plan Resolution Number 96-125•Approving a Tentative Subdivision Map Resolution Number 98-158'Denies an Appeal by Patricia Tuttle Brown of a Decision by the Planning Commission to Grant a One Year Tentative Map Extension Ordinance No. 2013 N.C.S Amending`Zoning Ordinance No 1072 Summary Statement: Resolution;approving the Final Map for Pinnacle Heights Subdivision.The project would create fourteen • single-family•residential lots as well as three new private streets designated as Pinnacle Drive, Treehaven Lane and Tilden Lane. The project is located on a westerly ',facing hillside near the intersection of Windsor Drive and the.-"D'2 Street Extension. Kelly Creek flows through the project semi-parallel to "D" Street Extension Construction for the•project is scheduled to commence immediately upon final map approval with an unknown completion date: No grading will be allowed to occur between October 1st and April 15 th. Thecestinated•cost'oP ublic improvements for the subdivii'on is $325,313. Council Priority: THIS AGENDA ITEM IsiCONSIDERED To.BE,PART OF, OR NECESSARY TO, ONE OR • ,.= MORE OF THE 2E100-2001 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON_MARCH 18,2000. Priority(s): :N/A Recommended City Council Action: Approve Final,Map. . - I _ eviewed by,.Finance Director Rev , �•;..:. orne A. e` ed'b Ci Manater: DatF�,�o . or0e: �� Date: Today's 1 ate: Revision:#'and-I a &Revised: .File-Code: February 8, 2001 4 • _ , fS /eng/dpf/sub/ph/staffreport 1 • 2 CITY OF PET-ALUMA, CALIFORNIA • 3 MARCH 5, 2001 4 5 AGENDA REPORT' • 6 _ FOR. 7 PINNACLE HEIGHTS SUBDIVISION 8 9 . 10 1. EXECUTrvESUMMARY: 11 . 12 Resolution approving the Final;Map for'Pinnacle Heights Subdivision.The project;would 13 create fourteen single-family residential lots, as well as three new private, streets 14 designated as Pinnacle Drive, Treehaven Lane and TildenLane. The project is•located on 15 a westerly facing, hillside near the intersection of Windsor Drive and the "D" Street 16' Extension. Kelly Creek;-flows through the project;semi-parallel,to"'D' Street Extension. 17 _ 18 A public'access easement will:be provided along;portions of thecDYStreet project frontage 19 as well,as on neighboring lands of P.auline Maxwell thereby connecting.D Street.to the • 20 future Premo' Subdivision. A four-foot.wide separated asphalt;ipedestrian..path will.been 21 provided along D Street connecting the,project entrance to the existing sidewalk'located., 22 further easterly on D Street. A six-foot:wide bike 'lane •will be constructed from the 23 project entrance along''D'Street separated from and parallel`to the pedestrian path: 24 • •25 The project=3entative map was originally conditioned to increase the water main system 26 pipe. size from 8-inch to -12-inch diameter. to serve future development to the south 27 currently located in the county: The City,of Petaluma was to reimburse the applicant the 28 additional cost in upsizing the pipe. Based on urban limit line,City council direction;after 29 the_project;tentative map approval, staff has•determined that the upsize is not necessary. 30 An 8-inch diameter water system:has'more than sufficient water-'pressure to serve the 14 31 lot subdivision. The city will saveapproximately320,000'- $25,000 by'not increasing the 32, pipe;:Size. 33 • 34 Parcel's A and B as shown on the attached overall sitemapwill be dedicated in;feeto the 35' City of Petaluma. Kelly Creek Corridor is contained 'within the boundaries of the ' 36' dedicated parcels. 37: 38 Construction for 39 subdivision-grading e approvals with Commence completion 'date. No grading map and :approval p grading_. will be 40 allowed to.occur between October IS` and April 15`h. 41 = . 42. 2. BACKGROUND: • 43 . • 44 Pinnacle Heights Subdivision'is a proposed fourteen-lot subdivision located-:.on a 19176- 45 acre parcel adjacent to Stoneridge Subdivision, to the southeast' and the, D Street 46 Extension to the northwest. The estimated cost of public improvements for the ak 47' subdivision is $325,313. The developer is responsible for all 'costs of public • • 2 improvements and once;completed and accepted by the City, the improvements will be 3' dedicated to the City for maintenance purposes. The developer(Pinnacle Homes) and the 4 'property owner (Pauline Maxwell) are represented. by :Steve Buckley. The General 5 • Engineering Contractor for the pfejectis North Bay Construction. 6 7 Because the project entails hillside grading, a rainy season ,grading moratorium was 8 implemented for the-site in the';Mitigated Negative Declaration (Resolution No 96-121). 9 The developer's intent is to begin construction •immediately upon final map and 1-0 subdivision g PP grading-approval roval with an unknown completion date. Additionally, grading g 11 and drainage for the project has been designed to best conform to the natural site 12 topography and surrounding-areas as well as minimize drainage impacts to neighboring 13. subdivisions; An erosion and sediment control plan has been prepared by the developer '14 and approved by the Community Development Department to minimize erosion and 15 sedimentation. The erosion and sediment control plan has been designed to aid in the f6. reduction of sediment laden storm water runoff from leaving the site and entering the 17 ' storm,drain.system or Kelly Ci-eek. 18 . 19 A preconstruction meeting for the project shall be required prior to the commencement of 20 grading to insure that '.both the developer and contractor are aware of the potential 21 drainage, erosion and sedimentation problems that may occur if not addressed per the pp p sediment control mitigation 22 approved erosion and sediment.control plan. All erosion and se 23 measures as shown on-the approved erosion and sediment control plan:will be installed 24 prior to any grading or land disturbing activities. No grading:will occur.during inclement .25 weather conditions and all erosion and sediment control,measures will.be maintained as 26 needed,and after each,storm event to insure proper function: 27 28 The Sonoma County Water Agency has reviewed the downstream segment of Kelly 29 Creek from the project boundary to Sunnyslope Avenue as,required per the tentative map • 30 conditions of approval and determined that two culverts located adjacent to 20 and 120 31 Sunnyslope Road are not hydraulically:capable of handling a 25-year rain storm event for 32 both existing storm'water'runoff as well as the increase in,storm water runoff caused by 33 the subdivision'development. The developer has offered to .replace both culverts. The 34 Water Agency has approved the drainage design improvements to the culverts as well as , 35 on-site drainage systems and has provided the appropriate project approval letters_ - 36 Additionally, representatives from the City:as well as the Water Agency have met with 37 several residents of the affected downstream properties on several occasions to discuss 38 existing and post Pinnacle Heights development hydrologic concerns. Based on the 39 discussions and additional storm drain improvement recommendations from the Water 40 ' Agency, it is_apparent 'thatthe resident's concerns have-been resolved. Both culverts will '41 be publicly maintained. - 42 . ,. .. : . 43 3. ALTERNATIVES: - 44 45 Delay approvailof the Final Map 46 • 47 • .,3- .• • 2 4. FINANCIAL=IMPACTS: 3. •• •4 The developer has posted bonds and agreements to complete the public iriiprovements, 5 estimated to be 3325,313. The developer is responsible for all costs of public 6 improvements and, once completed and accepted-by the City, the improvements will be 7 dedicated to the City for maintenance: There is no cost to the City for construction of 8 public; improvements othe •thaniinspection services by City personnel:; This inspection- 9 cost is covered by the:Engineering fees already collected with.the project application ((3% 10 of the;estimated $325,313 = $9,759.39 paid to the City for inspection4and design-review). 11 . 12, 5. CONCLUSION: 13 14 The developer.has met;all the reguirementsaof the City to obtain City•Council approval. 15 Once the Final Map and improvement plans -are approved .and a subdivision-grading 16 permit-is issued, construction for the subdivision should commence•immediately. 17 18 6. .OUTCOMES'OR PERFORMANCE YMEASUREMENTS!'THAT WILLIDENTIFY' UCCESS-OR 1.9 ;COMPLETION: 20 . 21 Not applicable: 22 . , 23 7. .RECOMMENDATION: 24 . 25 Approval of the;Pinnacle Heights°Subdivision Final Map is recommended. i . 26 27 28 29 . 30 3.1 . 32 . 33 . - - . . 34 35 , 36 37 38 39 40 - 42 . 43 Xc: File, . 44 Dick Dowd, Pinnacle Homes, 131 Stony[Circle, Santa Rosa, CA 95401. 45 Steve Buckley,Project Coordinator„501E. Washington.Street, Petaluma „CA 94952. 46 Bonnie Diefendorf, Carlenzoli & Associates, 365A Tesconi Circle, CA 95401.- 47 S;/eng/dpf/sub/ph/staffreport • 4: . .. • my • <C u• t o • ,�/ �, e , .:• 0 5 ® / ro I .o, '� � i e I c J ` fix. V R �� v / ■4' 5 5 ■ 4 .1ruic, yh ,'yew rr 1 Y �. // ! // \� °'IDf°Fa1nn3 1 O '0 1i On1 ,. 1/ ' ., - .. :ig 4 - typ[d.2 / a \1 III' as I.` = I I � <p O A 4ig $ o, Sara I o F r4 f Ir^�y,3 �I o -�y ,, : ya �_.o ff �'�'� I �5 Y " ..J '� —_ rt J m • / u / i m y O A li 1 \ 1 8 11 A 1'i , ' m�l 1. R o \ % • i � it e m • \ g. \ It _ \ � ,- \.\ O • \ N y 3n+1 MOON 3v3 0 -13 • 53.1<:>. � I - 0o • 1 2 3 DRAFT.RESOLUTION 4 5 6 7 APPROVE FINAL MAP 8 FOR PINNACLE HEIGHTS SUBDIVISION, 9 10 WHEREAS, the Community Development'Director and the Director Of Water Resources and •• 11 Conservation have reviewed_the final map of-Pinnacle Heights Subdivisiom and have reported it 12 to be in conformity with the Subdivision,Ordinance, and such reports have been forwarded to 13; and reviewed by this;Council; and, 14 • 15 WHEREAS the;certifications required,by law'have been.endorsed on said map; and„ 16 17 WHEREAS, this Council finds that the final-map conforms to the requirements of"this,Cityfs • 18 Subdi'visioni.Ordinance and is consistent with„and conforrs to the,general plan;for,theareacland, 19 • 20 WHEREAS, this Council.finds the final_map.is.-in substantial contglianee:with the tentative•map • 21 previously,approved for the subdivision by Resdfution'No. 96-125 N.C.S., the findings of which 22 are-hereby:incorporated'by this reference as if fully set forth herein. 23 24 NOW,THEREFORE, BE IT RESOLVED;: 25 26 L. That said 'final map of Pinnacle Heights,Subdivision is:hereby^approved, provided that 27 the conditions; which have been previously -set forth in said Resolution No 96-125 28 N.C,S., incorporated herein byreference, shall be carried oui;:arid, 29 • • I. 2. That upon execution Subdivision Pb Inprovements Agreement in the form 2 approved b Y theCy.AttorneY and the fun h n of The required improvement security 3 and insurance,,approved as to Torm by the City Attorney and as;to sufficiency by the City 4 Manager, the City Clerk is hereby authorized.and directed to sign the 'certificate on said 5 final map certifying that,,the City Council has approved the same and.accepted all streets 6 • and other dedications thereon.- The City.Clerk shallifhereupon cause said final:maps to be 7 recorded in the Office:ofthe Sonoma County Recorder. 18. 9 ' 10 11 Eng/dpf/sub/ph/fmreso • • • • • • • Resolution No. § _6-121 N.C.S. of the City of Petaluma, California 1 2 APPROVAL OF NMITIGA'rED:NEGAITV E DECLARATION-FORTHE A 3 MAXWELL DEVELOPMENT, AP No 019-120-045 & 046 4 5 WHEREAS, an Initial Study was prepared and the results of the studylindicate that the , 6 proposed Makwell, Development, as mitigated, will not *Ise any significant adVerse 7 environmental impacts, and 8 9 WHEREAS, the,,Planning Commission held a duly noticed public hearing,at its ;regular 10 meeting,of March 26, 1996; and considered the potential environmental ithpacts,and all 111 written and verbal communications regarding the, matter, prior to making their 12 reconunendationsfor.the,projeot; and 13 14 WHEREAS, by action taken on Match 20, 1996,,) the Planning CommthsiOn considered 15 and forwarded a:recommendation to the City Council to approve:a lVfitigated,Negative 16 .Declarationabi,the Mai-well Planned Unit DeVelOpmentiproposed by:ChailestanCE Pauline 17 Maxwell pursuant totheCaliforniaEnVitonmentalQunlity Act and local guidelines, and 18 19 WHEkEAS., 111Eepotts and communications to the Planning Commission were forwarded 20 to the'City Council, and 2L 22 WHEREAS, the City Council held a public hearing on this project on May 6, 1996, and 23 considered all written and verbal communications edncerning potential environmental 24 iffipabtaTe§ulting,frornithe project before rentiefing its%decision; 25 26 NOW, THEREFORE, BE IT RESOLVED Altai, the Petaluma ;City, Council hereby • . 27 approves the *Mitigated Negative Declaration ,subject to the following- findings and 28. mitigationmea.sures:, 29 30 Mitigated Negative Deelatatibri Fiiidiiigs 31 32 I. A Final Environmental Impact Report !(.1iL1R) was prepared and cattiseci .8y the 33 :,city Council in conjunction with the annexation, of this property: The FETR: 34 adequately addresses environmentaleffects of the project: HoWever,,this project 35 for the ,development of(fourteen single-family:lots, introduces new information _ 36 regarding the.project's potential ;enviroiciriental impacts: Therefore, pursuant to 37 .Seetiiiii 15162 of the CEQA Guidelines, the city Council finds,that theiFEIR is 38 adequate, but that the Initial, Study -prepai-ed for the project is adequate for 39 identetfymg and establishing additional mitigation measures- to address the new 40 projedt specifieiinpacts: 41- 42 2. An Initial Study has been prepared and proper provided in accordance with 43 CEQAiandlocal,environmental guidelines. 44. • - - - - 45 _.Based upon'the Initial Study, and comments. received, potential environmental • 46 - incpacts due to grading, as well as impacts on plant life, Views, aesthetics and _ 47 traffic, will be avoided or reduced to a level of insignificance by requiring the 48 following mitigation measures as conditions of approval, There is no substantial 49 evidence that the project, as mitigated, willyhave a significant effect on the 50 environment. •51 Roc°. 96,-f21.'xcs. Page 1 'oIl 5 • 1 4'.- ,A monitoring,program has beenincluded with themttigations,where applicable, to 2 ensure compliance with the adopted mitigation measures. 3 '•; 4 5 5 potential for this project to cause an anv ,agehcy, which has evaluated the An Initial Stud has been conducted b this lead effect -- either individually of 6 cumulatively — on wildlife;resources. For this purpose, wildlife is defined as "all 7 wild animals, birds, plants,gfish amphibians,.and related ecological communities, 8 including the habitat"upon which the wildlife,depends for its continued viability:" 9 ,(Section 711.2, Fish and tame Code). The project does not have potential to to adversely affect wildlife resources,as defined in,the Fish and Game code, either . 11 individually tor cumulatively.,because the necessary improvements within. Kelly 12 Creek, as mitigated, will not have the potential to:cause significant adverse effects 13 on lands which support fish and wildlife. 14, 15 Mitigation Measures: 16 17 1. Earth 18 • 19 Mitigations: • 20 21 (1) All grading and erosion control shall be subject to review and approval by the City 22 of Petaluma prior to issuance of a grading permit;- 23 24 (2) Final project Improvement and grading plans shall be prepared by a registered civil fro 25 engineer with assistance m-a qualifiedjgeofechnical professional. The plans shall 26 be prepared.'in compliance with the City ofPetaluma's Subdivision Ordinance and 27 Grading and Erosion Control Ordinance. The; plans shall` include a detailed 28 schedule for field inspection of work in progress to ensure that mitigation 29 measures are being,,properly implemented throughout construction of the project. 30 These plans would be subject 'to the review and approval of the City of Petaluma. 31 32 (3) Construction of cuts and fills+shall be completed with strict adherence to specific 33 geotechnical recommendations, including proper engineering design,. and on-site 34 inspection (see.above). 35 . 36 (4) All grading and erosion control shall conform=to the City of Petaluma Erosion 37 ControlOrdinance 17.31. 38 39 (5) For work,:conducted ;within4he Kelly Creek corridor, proof-of authorization from 4o all responsible trustee agencies, if any, must be submitted to the City prior to 41 issuance of a grading and or building permit._ 42 43 (6) Prior to SPARC review of the PUD Development Plan and Tentative Map, the 44 written PUD Development Standards ',(under Section 4. I. - Grading) shall be 45 amended to incorporate detailed provisions!peitaining=to permitted grading•limits,: 46 These provisions shall limit excavation, fill and significant,grading and paving for 47 lot-specific development to:within the approved building envelopes, except for 48 necessary driveway and pedestrian access,and'required utilities Grading slopes in 49 excess of 31 shall.not be permitted for'all proposed private areas, except where 50 2:1 slopes have been approved for approved public and/or private street grading • 51 transitions. The height of exposed retaining walls and/or foundation walls shall not 52 exceed 42": Excluding grading approved/required for project/Final Map Reso. 96-121 NCS Page 2 of 15 2 1 , infrastructure•(i.e.goads/driveways, Storm'drainage, utrhties.etc), all grading of the 2 individual lots for house:and/or building:'development,,shallbe restricted'until such • 3 ' time as a'formal grading and buildingplan/permit is approved by the?City for each 4 individual lot. Proposed fill areas, at time of individual/private•lot development 5 shall not exceed 5 cut areas exceeding 5' shall be restricted to the 'immediate 6 footprint'of any proposed`structure: 7 • 8 (7) All lots stall be subject=to administrative'SPARC,approval'of grading plans,for 9 review of compliance with the SPARC.."adopted PUD "Development. Guidelines: 10 Plans submitted for approval of building permits shall include detailed grading 11 plans in conformance with theSPARC'approved plans and`project,conditions.. 12 13 Monitoring: 14 15 (1) All grading,anderosion control`work',approved by theCitymust comply with the '16 City's Erosion Control Ordinance 17:31: All grading.and erosion control measures 17 shall be•reflected on the improvement plans priorto recordation of:the Flnallvrap: 18 Verification for the implementation of`erosion control-measures required by the 19 City shall:be performed by the project contractor to the satisfaction of-the City's' 20 Inspectors. 21 22 (2) All public and/or private improvements.shall be subject to ipspection by'City staff 23 for compliance with'.the approved Improvement Plans, prior to City acceptance:, • 24 (3) The development of homes on the'mdividual lots shall.be subject to the grading 25 provisions:included in the ;Deevelopment •Guidelines as approved by the City, 26 subject to administrative SPARC review and approval. .All priVateloti,ccinstruction 27 `shall be subject to staff inspection for-compliance,with the approved plans, and 28 project mitigations/conditions;prior to issuance of a:Certificate of Occupancy. 29 30 2. Air . 31 32 Mltigations: 33 34 (1)' Watering-of the,site to reduce:airborne dust levels shall be implemented if dust . . - 35 generated during the;grading process threatens to travel off'site in following.wind .. 36 • currents: Additionallyukstesded to transport soilonor"off•site' 37 shall be covered with t o'rccedusem 38 -• 39 (2) All motor powered'vehicles and equipment:shall be properly equipped to reduce • 4o emissions. - 41 • 42 Monitoring; ' 43 - 44`, The applicant shall be responsible forinsuring that proper measures-including watering, as - • _45 necessary during= construction, to prevent dust emissions are implemented This 46 responsibility shall;;include holidays and,Weekend periods when work may not be in 47 48 py gress Provisions'to ensure air quality as specified in,the condition'shall be enforceable 49 50 3. Water •51 • 52 - Reno. 96-121. NCS Page 3 of 15 3• 1 !Is/litigations:• al, 2 3 ,(1) This.developrilent shallbesiibject'to,the,Cityla storm drainage impact fees,to cover the incremental impactruicreaseit will have the storm drainage system A . 5 proportionate share shall be collected by theCity'pridt to issuance of a Certificate 6 of Occupancy for each honie.• 7 8 (2) No lot-to-lot drainage shalt be allowed. Surface.runoff shall be addressed within 9- . each individual lot then conveyed to an appropriate storm drain system. Open to graded swales are not recommended in hillside subdiVisions. In order to minimize 11 erosion, surface drainage concrete swales with inlets to a pipe'.system shall be 12 13 14 Provide public storin, drain ,systems within public rights-of-way to all extent 15 pdssible. Privately maintained stbrm draih .Systems shall have a mechanism to 16 insure long term maintenance CC&Rs;;Agreement).,,'The hydraulic capacity of 17 the down streanystorm:drain system (Kelly Creek from this project to the limit of 18 detailed study'shown on the F.T.R.M. documents) shall be determined by the 19 applicant's project engineer to be adequate to handle the additional rtur-off 20 generated by this ,development and by the potential "development of upstream 21 watershed. If determined to be inadequate, necessary improvements shall be 22 designed and conStructedl.by the project applicant,M,addreSs the added capacity 23 needs to the City Engineer's approval prior to !City acceptance of public and/or , 24 private improvementS., The project Articles:of Incorporation/CC&R's shall include 25 provisions for perpetual maintenance of the hydraulic capacity of Kelly Creek • 26 • within said Open, Spabe. Easement Alternately, the Kelly, Creek Open Space 27 corridor may be dedicated to City and maintained capacity) through 28 the formation of a Landscape.Assessment Distribt'(LAD). 29 30 (3) The Lots created Within Phase 2, shall be provided.with. a privately maintained 31 storm drain system; where drainage witlima public right-of-way is not feasible. 32 The privately maintained; storm drain .system shall, be maintained by the 33 homeowners who shall maintain an.arinuabbudget for maintenance of said system 34 addressed in the CC&R's. 35 _ 9 36 (4) Provide an energy dissipater i.e. rock, grouted rip-rap at any storm drain,outfall(s) - - 37 in Kelly;Creek from the projects storm drain system,, subject to staff review and 38 approval. 39 4 ao (5) Prior to construction, the :applicant ishall obtain coverage under the State of 41 California General .National Pollutant Discharge Elimination System (NPDES) 42 Permit for Construction Activities (General Permit) and develop and implement a 43 Storm Water PollirtioMPrevention.Plan (S'WPPP),..subject to review and approval 44 by the Regional Water Quality Control Board as required, 45 46 (6) The improvement plans shall address the potential for erosion in the area of "D" • 47 Street*here thestbrmdrairtpipe crosses Noel DriVe. 48 49 (7) All grading activity shall:hecompleted prior to the onset of the rainy season. All 50 new drainage facilities in place and in operation at that time Grading and Mr 51 excavation ittivitiestslialltiottbe permitted during the rainy season. Extensions for 52 grading and drainage faailitiea work may be allowed in consultation with the Reso. 96-121 NCS Page 4• of 15 4 1 Petaluma City-Engineer, based: On the seksitiVity of the specific project area to ( 2 erosion, sedimentation, and the effectiveness of temporary (rainy"Season) erosion 3 measures to be implemented by theapplicant. III 5 (8) A Stream Bed Alteration Agreement pursuant to Fish and Gaine, Code Section 6 1603 may be required for worc-Con_ducted.wit.hnICely.Creek,as determined by the 7 Department.of Fish and Game: Any permit required shall be obtained prior to • 8 comnienceffient of grading-Work: . . 9, , to (9). Plans submitted at time of application„-for .Final Map apprOYal 'shalkinclude 11 provisions for storm water runoff management. - The Submittal shall'" reflect 12 installation of permanent signs,at drop' inlets to the public! storm (.drain system; 13 which:prohibitthe deposit of hazardciiis nia- teriais into the system 14 ' 15 Monitoring: . . . 16 . . . . 17 (1) Detailed 'grading and improvement.plans shall be prepared to reflect the above ,.._ . _ . 18 •mitigation measures by the applicant as part of the netesSaiy improvement • 19 drawings for the.Pinal"Map,subject to staff review and approval All,tading shall 20 be_perforrned;by the project contractor to the!satistactidn of Citys7:Inspeetor. 21 All grading and eroSion!controi work approYed.by)the'City:must comply with the _ , 22 .cityla,Erosion Control Ordinance '1731.. Verification for the inipleitientation. of 23 erosion control measures'required by the City shall be performed by the project .24 contractor td the satisfaction Of theCity's Inspector. . 25 . " (. 26 (;), A storm drainage impact fee Slia il.be calculated by the City, prior to Final Map 27 " recordation. A:proportionate-share shall be collected by the,Cityprior to issuance • 28 ola Certificate of Occupancy. 29 - 30 (3):' The applioant/developer:must submit to the City evidence of'obtaining a:General: . 31 Permit from the Regional Water, Quality Control Board, and, if:necessary, a . . 32 Stream Bed Alteration Agreement prior to issuance ofwgrading permit,. • 33 34 4. Plant Life. 35 • - - _ . . . . ._= • 36 Mitigations:.* - - f -- _ 38 (1) The landscape plan including: all public and priyate,landscaping:prOpOSecl an&or 39 required shall be scibmitte&for review and approval by the cits Site,Plan and 40 Arehitetairal Review Committee (SPARC), in conjunction With SPARC's:review 41 of the PUT) Development Plan arid Tentative Map.: 42 43 A creek corridor habitat restoration (reyegetation plan) Shall be prepared to 44 revegetate the Kelly Creek Open Space corridorleaSerrierit. Said plan :shall be 45 reviewed and approved by SPARC .prior to:Final'Map'approval:-:-The SPARC 46 approved public/private planting plan and the...creek,corrido-i, (Habitat restoration) 47 plantings; and visual mitigation trees shall be installed, subject to City staffs review 48 and approval prior to initial City acceptarce,of the project's'public and private improvements (per phaie, 'uhleSs additibnat lithe is authorized by the'Planning , 50 Director due to'unforeseen time delays: Upon completion of;proposed/required 51 landkaping improvements, the projedt landStapearchitect shall certffY:tb7the Cit-y • 1111'. . . Reso. 96-121 ,NCS P . 5 of 15 3 . . 1 P wntmgppthat all public and private landscaping and irrigation has ,been installed '. 2 er the a roved landscaping plan. r3. 4 . For the Kelly'Creek Open Space corridor/,easement revegetation•plan, a five (5) ' 5 year monitoring contract with,a qualified consultant.shall be entered into by the 6 City at the applicant/ownei's expense prior to the occupancy of the subdivision. 7 Said monitoring contract shall seek to achieve an 80%o.survival rate of the plant 8 material installed'within;the creek corridor. The contract may be expanded at the 9 applicant's expense as determined necessary by:the,Planning Director to insure the 10 survival rate is achieved. 11 • 12 (2) As a part of the Articles of Incorporation/CC&R's provisions for perpetual . 13 maintenance of plant material, and irrigation'systems shall be developed subject to 15 m�teevie shall include, prior not. be Ma recordation; provisions for ' e limited-Map landscaping (existing and 16 proposed) within.the.Kelly Creek Open Space corridor/,easement, within the Open 17 Space-Easement as well as'all:street trees, street tree planting strips and landscape 18 medians within the existing and proposed public and/or private rights-of-way. A 19 copy of the approved Articles of Incorporation/CC&R's shall be submitted to the 20 Planning Department prior to Final Map recordation. 21 22 In-lieu of private maintenance of the Kelly Creek Open Space'corridor/easement, 23 said easement may be dedicated to the City andmaintained (hydraulic capacity and 24 'egetation) through the formation of a Landscape Assessment District (LAD). 25 (Refer to nvtigation:3.C.(2)`) 26 1p 27 (3) Disturbance or removal of`healthy trees within the project including the Kelly 28 Creek Open Space corridor shall be avoided to all 'extent possible. However, 29 where necessary, removal, to accommodate project improvements (e.g., roads, 30 utilities; etc.) may..be permitted by the Planning Director with a five-for-one 31 replacement of native trees (25" box size) within the Open;Space areas. 32 33 (4) A report prepared by an ISA certifiedarborist;shall be.submitted prior to�rSPARC 1 34 review of the PUD Development Plan and Tentative Map. Said report shall 35 identify_all trees'affected by proposed' c'onstruc'tion activities including grading, 36 road/bridge construction, utility extensions, creek channel iInprovenients, etc: and — 37 shall.provide recommendations to avoid;or substantially reduce_adverse impacts to ' 38 trees'determined by the arborist to°be significant: In particular, the report shall 39 address'the potential impacts to the'cluster pf Bay trees and the Oak:tree which 40 separate<Lots 5 & 12 duet to proposed underground utility and road (Maranatha 41 Lane) improvements. Improvements including driveways shall be prepared 42 consistent,with the recommendations of this report. Work. ( general grading 43 construction of Maranatha Lane and' related. underground utilities) within the , 44 vicinity "of'said trees shall be conducted under the,supervision''of an ISA certified 45 arborist or tree.worker. The reporushall be prepared by a^consultant selected by 46 the City at the applicant/ownersexpense. All costs'associated`with implementation 47 of the recommended tree protection measures shall be the responsibility of the 48 ,subdivider: 49 ' 50 (See mitigation.#5.C'. for additional .measures to insure reduced disturbance to • 51 plant and;animal life within the;KellyCreeloOpen Space corridor) 52 Redo. 96-121 NCS Pg 6 of 15 6 1 Monitoring: 2 ., • 3 (1) All of the Kelly Creek Open Spade „corridor/easement plantings;, and visual • 4 mitigation trees in addition to street trees either PrOPosed, ind/br required 5 throughout the .subdivision on public and private lands as reflected on the 6 landscape plans approved by SPARC-,;shall be installed by the applicant/developer, 7 -subject to City- staffs review and approval prior to initial City acceptance of the 8 .project's public and private improVernentS; unless additional,tune is authorized by 9 the Planning Director due to unforeseen ',time delays The. Articles of . , , . to Incorporation/CC&R's will insure the perpetual maintenance of plantings within ii the private right=cif-Way and within the Open Space EaSernentfineluding thekKellY 12 Creek Open Space corridor/parcel. 13 - 14 (2) Within. each phase, all proposed/required plant material on private property, 15 including plaftagainOPOlec of required within the Opemspate easenentc shall.be 16 maintained by the applicant/developer for a: Minimum.(Period of three -years 17 following installation. :(Maintenance shall include, but not be limited to.,regular 18 watering,A pruning, fertilizing and tree replacement, necessary) In the event , . .• • • 19 private lots areisold.Within said three year period, the applicant/developer shall be • 20 responsible for establishing an agreement With perspective:buyer-S- (subject to 21 approval by the Planning Director) to ensure that required trees are maintained and 22 replaced, if necessary, for-thepreScribed'maintenance period retaining. •23 24 For the Kelly Creek Open Space corridor/parcel revegetation, the five (5) year 25 monitoring plan with resulting 80% plant and tree survival rate shall,tbe prepared • 26 by a Mialifiedecinstiltant:seleetectbyiataff at the applicant's expense, subject to staff 27 review and approval;prior tb fital,Map?,,recorciation, and iinplemented by the City 0 28 at the .applicant/owners expense upon, acceptance of all public and private 29 improvements. 30 31 5. Animal Life 32 33 Mitigations: 34 • . . . . . , 35 (1)" . Site .disturbance including the movement, of heavy equipment (trucks, tractors — " 36 ett), stock,pilingot soilslind/or'other„rriaterials,olconstriictiOn:sha be restricted -- - - - 37 to„ the immediate areas to be unprovea 1.e. streets, designated driveways and 38 biiilding envelopes to all ekteriti:RosSible. The strict boundanei of'necessary site 39 diSturbaace, through the, Kelly Creek Open Space corridor/easel-tient shall, be • , _ . ., .„. 40 included; on the,,grading and improvement plans, subject to staff review and , _., .41 approval picot to•FinalMap approval. 42 . , , . 43 .(2) Flagged stakes shall he set at the necessary limits of construction across the Kelly 44 creek:Opent,SpaceJ corr icorteiiemerit,:subject,to staff review,ancLapproval,priorto . 45 . . commencement of Work. ,„ .. , .. . _ . 46, -4. INtp.,,- Jo (3) The developer shall inform , the grading, contractor and his 48, representatives/employees of the above requirements uvlitigationif;5 C.(1) &,(2)]. . . 49 ,A note to this ;effect shall be included on the improvement and grading plans, . so ,Subjectto Staff review and approyalprior to FinaIMap approval. 51 . „ . 52 • • Reso. 96.:121 NCS Pg': 7 Of 1 5 - • - . • 7 1 ,Monitoring: • 3 (1) The project developer:9n4 City inspection staff,shall be,tesponsible .for msunn g 4 that sitedisturbanceta hnutectio those immediate areas-to be improved as reflected 5 onithe City approved improvement plans and,enfOrceable by the City. _ 6, 7 6. Noise 8' 9 Mitigations: ii (1) Construction activities shall comply ,with applicable Zoning Ordinance and 12 Municipal Code Performance Standards related to noise. Hours of construction 13 work shall be limited to TOO.E.m. to 5:00 p.m. MandaYmtfirough Friday and 8:60 14 an:,to 5:00 p:m.,on Saturdays Construction shall be prohibited-on Sundays and 15 holidays recognized by ili-e!City of Petaluma. 16 17 Monitoring: 18 19 (1) The project: developer shall be responsible for enforcing :hours of construction. • 20 Construction activities may be subject to staff observation at all hours of the day 21 until completion. Staff will notify the developer/builder of complaints regarding. 22 construction noise and enforce applicable noise standards: Failure to comply may 23 cause revocation of approved construction permits until complaints are resblved. 24 25 7. , Light and Glare • 26 27 Mitigations: 28 29 (1) The PUD Development Guidelines shall include desigirmeasures,to reduce private 30 light iinpactsii e. low intensity outdoor lights 'Only.(no flood lights), low profile 31 light standards and/or Wall mounted lights, lights attached to buildings shall 32 provide a•soft'"wash" of light against the wall, no direct glare, no pole mounted 33 lights in excess Of 8'feet in height, etc:,subject to stiAtte review and approval. 34 35 (2) If proposed; Short; low-intensity level-Street,lights Shall:be used on the private 36 street and,drives.rather thert,taller staridard:Citc;streeti,lights. Details and locations 37 of any proposed street or common area lights shall be reflected on the PUD 38 Development Plan submitted for SPARC review and approval prior to Final Map 39 reccifdation. Baffles:Or shields'shall be required On all external light fixtures to 40 clirectlight downward. 41 42 Monitoring: 43• 44 (1). SPARC shall review the PUD Development Plan tO ensure that the design and _ lights . - • 45 location of any lights propOsed along the private roads within the common area 46 satisfy the adopted mitigation measures. 47 . . 48 (2) Subdivision improvement plans,public/private and plans: submitted, for'individual 49 house construction must include details of all proposed h street lights and/or exterior sik 50 light,fixtures,.,subject to staff review and approval prior to Final Map approval and 51 issuance of biiilding plans for house construCtiontespectively. Reso. 96-121 NCS Pg. 8 of 15 8 1 • 2 8. LancLIThe ' 3 • 4 Nfitigations,... ' . , 5 . . 6 (1) See Mitigation #4. C. which addresses Kelly"Creek Open Space conidoehabitat 7 restoration and Mainteriande.) 8 9 9. Natural Resources to 11 Mitigations:Nonerequired. 12 . . • 13 10, Risk-of Upset , • • 14 • . 15 'Mitigations: None required. , 16 . . 17 11. Population 18 19 Mitigations: None.required. 20 , 21 12.- Housing . 22 23 Mitigations: Nonerequired. 24 25 13. Transportation/Circulation, ( 26 - .27 Mitigations: 0 28 29 (1) City standard curb,,gutter and sidewalk shall hethiStalled on "P"-.Street from.the 30 northerly property corner to the intersection.with Noel Drive An interim 4 foot 31 asphalt pedestrian path shall beproVided along '13",Street Corifiectitigq.his project 32 to the existing sidewalk northerly 7.120-1 feet of the-iproject-.. 'The area requited to 33 ' provide an interim '4 foot asphalt pedestrian path lin "D" ,Stteet shall result in:a 34 cross-section area of a rnininininiZfoot-travellane, in each direction, &Riot'tike 35 lane along the easterly side, and the 54-i foot,asphaltipedestrian path separated by an . 36 ':: 1 -als.phIlti dike. Details.and alignment of this connection shall be reflected on the .' 37 improyerneritplan&ancf shall,be reViewed:andlapproved,by the City Engineer prior 38 tathe,apprpval of theFinalMap. 39 40 (2) The Articles^ Of 'Incorporation/CC&R'& shall include _provisions for private 41 maintenance-of all private roads and/or shared private driveways, subject to the 42 City AttorheY,s review and approval pnor to Final Map recordation. 43 44 (3) The development shall be responsible for a fair share contribution to the City's 45 Traffic Mitigation fee as established in the City's. Special Development Tee& 46 handdiit. 48 (4), Sidewalks shall:be:located on house side of the private roadway in the area of 49 Lots 1, 2 &t3. , i 50 51 .. . , It . R.eso.. 96-121 .NCS Pg. 9'61 15 . 9 . . 1, 1 2 Monitoring; 3 4 (1) A Traffic Impact Mitigation;,fee shall,be collectedrfor each home prior to issuance 5 Of a:Certificate of Occupancy.. 6 7 (2) The design of the sidewalks and 4 foot asphalt path/link shall be included with 8 subdivision improvement plans, subject to staff review and approval, prior.to Final 9 Map recordation, and°installed°Prior to acceptance of allhpublic improvements. 10 it (3) The Articles of Incorporation/CC&R's ;shall be submitted with the City for the 12 City Attorney's review and approval to ensure adequate provisionstareincluded for 13 private maintenance of all private roads and/or shared private driveways prior to 14 Final Maly recordation. 15 16 . 14. Public Service 17 18 Mitigations: 19 20 (1) . The developer shall be,subject to pay City development fees,as established in the 21 current Special Development Fees;handout. Feeso-includesewer connection, water 22 connection, community'facilities development, storm drainage.impact, parks and 23 recreation land improvements, school facilities, traffic mitigation, and in-lieu for 24 provision of low income housing. 25 1. 26. (2) Minimum fire flow required;for the subdivision shall not be less than 1500 GPM 27 per hydrant af20 pounds residual pressure. 28 29 (3) No roadway grade shall exceed 12 percent (15 percent maximum with approval of 30 Fire and Engineering). Private driveways may exceed 15 percent maximum grade 31 provided said driveway is not considered, by the:Fire-Marshal, to be part of the 32 Emergency Vehicle Access (EVA),. 33 34 To maintain a maximum gradient of 15%,:the driveway/EVA serving Lots 13 and :_35 14iinay be relocated to ex"tendfrom the terminus:of Maranatha Lane between.Lots __ 36 11 and 12, across Lot 13 to Lot 14, subject to the Fire: Marshal's review and 37 approval prior to Final' Map recordation. The PUD Development Plan and 38 Tentative Map submitted for SPARC review shall reflect the, approved/alternate 39 drivewayrealignnient. 40 41 Monitoring:_ 42 43, (1) Special;Development Fees, shall be collected as prescribed in the City's Special 44 Development'Fees handout.. 45 _. ... :,_.t _ 46 (2) The appropriate locations for fire hydrants and calculations for adequate fire flows 47 shall be included on/with the subdivision improvement•'plans,•subject to the Fire 48 Marshal and City Engineer's review and approval prior to Final Map approval and 49 :constructed accordingly pndr to City acceptance of all applicable subdivision (o 50 .improvements. 51 Reso. .96 121 NCS Pg.10 of 15 10 • 1 (3) The adequacy of proposed road and, drivewiy itnproVetrientaleasements for •2 emergency vehicle access shall be inOlikded'on the subdivision improvement plans 3 ' and/or'Final Map, •subject to the Fug Marshal and City'.Engineees review and 4 approval prior to Final MAP;approval and constructed priorto:City acceptance of '5 all applicablesulidiViSien improVements. 6 7 15. Energy 8 ' 9 Nlitigatibits: Nonerequired. 10 11 16. Utilities 13, .1%/litigations: 14 15 (1) The applicant/developer for the construction of subsequent homes/lots must pay 16 water, and sewer connection fees, and Storm drainage impact.fees as set forth in 17 theCity: Specialbeyelopment:Fees handout. 18 19 Monik_ii gt : 20 21 (1) Sewer, and Water connection fees, andstOtintdrainage impact fees will betolleeted 22 for eacli+ilidividual home prier to issuance of a CertifiCateof Occupancy.- 23 . 24 17. Human Health 26 Mitigations: Nonerequired 1111 27 28 18 Aesthetics 29 30 1%/thigations: . 31 32 (1) The'-Development Guidelines shall be amended to include theiollowing:provisions 33 prior toSPAItC-review oil the POD Development Plan and Tentative Map 34 35 a. Under 1. "Statement of Iriteinr7 Incorporate notification that . . -- 36 Thciiyidual lot/house deVelopment is subject to the City of 37} . Petaltinii!s Administrative She ,Plan and Architectural Review 38, (SPARC) review tifocess iprior to iiShance of a building peritlit 39' pursuant to the tprovisions incorporated;)41 these.'beVolopment 40 Standards and including: for assessment, of the Sensitivity of the 41 individnal••lot development proposals, particularly as they relate to 42 the following: 1) preservation of visible open space 'including, 43 hillsides and ridgelines;inaudirig.donformance,With the ifiterit of the 44 }designate&oThen space easements and non-development easements; 45 2) reSponsiveness, to jpOtential -ptiVicy iSSues; 3> minimization of diainageandgrading impacts, particularly as theyrelate.to downhill 47 } , development and public views and 4). avoidance of potential 48 grading and Irrigation impattito existing-trees arid/or trees required . . 49 With,this ?Uri Development Plan. Additional lot-specific analysis" so may be Conducted and/or more restrictive grading; 'height, floOr 51 area, lot covernge;,exterior design,landscaping or,other standards' ft 52 may be imposed thronglitheSPIARbprodess-as necessary to,enstie . • Reso. 96:121 NCS Pg. 11 ot:15 } . 11 • 1 appropri_atarchitectural and site.design far the individual setting . 2 underconsineration. 40 . 4 • b Under 4 Maximum Building Height First paragraph shall be 5: reworded as (follows - Maximum permitted building height 6 [existing/natural grade to roof;ridge(s)] for primary residence shall 7 be limited 16:25 feet;height may be measured from existing/natural 8- grade as reflected on thelTinalMaprImProveinent drawings to the 9 ' 4hid-pointof the LrobliorTinnovative designs which can be shown to to lessen the visual massing of the residence over what is permitted 11 under the more restrictive provisions of these guidelines. On 12 sloping sites, buildings shall be stepped to minimize the exposed 13 foundation conditions; this shall notpreclude houses with increased 14 floor area by diggingtikeying", said house/footprint into in the 15 hillSide. The maximum height [existing/natural grade to roof 16 ridge(s)] for an accessory ■strtictiii-e.'Shall be 15 feet. Detached 17 accessory dwellings may not exceed 21'feet in height. 18 19 c. Under 4. D. Landscaping The third paragraph shall be amended to 20 require installation of required landscaping prior to issuance of a 21 Certificate'of Occupancy. 22 23 d: . Under 4..E. Architectural Standards The second paragraph shall be 24 reworded as follows - Accessory strUctures shall be constructed of „ 25 the same and/or complementary' materials as the main residence 26 except:for-agricultural structures. S. 28 e. Under 4. E. Architectural Standards: The following shall be added 29 as the first paragraph - All lots proposed for new home 30 constructibn shall be subject to administrative SPAtte review. 31 32 f Under 4 E. Architectural Standards - Include the following: The 33 use of reflective building siding and roofing and/or bright colors 34 shall be avoided and/or liinited. 35 36 g. Under 4E Architectural Standards -Add the following: 37 38 The ddininance of garages on new homes shall be reduced-by 39 recessing garages behind the plane of the living space or by 40 detaching the garages from the home; 41 42 Encourage usable porches on new houses; 43 44 Homes built on Lots 1 2 3 4, 7 & &shall present a front elevation 45 and beoriented,to "D" Street; _ _ _ . 46 47 - T-Ili siding shall be prohibited:mall new Construction. 48 I 49 All building elevations shalt be given the same level of architectural 50 treatment and"shall utilize the'Sarnebuilding materials; 51 • 52 - New homes shall be of a design similar in nature to the traditional IMF 53 style of homes on "D" Street. Reso. 96-121 NCS Pg. 12 of 15 12 1 2 h Under 4 E.landscaphig - The following paragraph shall be added 3 - The applicant/developer shall submit a landscape plan in 4 conjunction with building plans at time of application for 5 administrative SPARC review to ensure 'proper size of.-plantings 6 (i.e. 15;gal..or 24" box tree sizes eta.), plat screening value, as 7 well as visual,enhancement of areas between their residences and 8 , views from the public/private streets; native trees and shrubs shall 9 be utilized in theplanting.of private yards (front, side, rear) which, 10. • have greater value to ',nesting birds and other 'wildlife;to the 11 maximum extent feasible without compromising- the need for providing attractiVe,: useful outdoor- Space for humans, 13 Applicaiits/doVelopers are required to landscape the areas between 14 their residences and the public/private street frontage prior to issuance of a Certificate of Occupancy. • 16 17 1 Under 4 G. Setbacks.- If the proposed driveway serving Lots 13 & 18 14 is realigned inorderto not exceed a 15°A) gradient, the setbacks 19 on effected properties- shall be-revised. 20 • 21 j. Under 4.G. .Setbacks —.Modify front/street Setback to 20'; 15' for 22 Let 5. 23 24 'k. Under 4,C:Eences!- Add the use of single strand.wire fencing as an 25 acceptablefende;tYpe, • 26 27 (2) Visual mitigation trees (proposed/approved by SPARC) to be installed with the 28 subdivision shall be a minimum 24" box size and installed prior to acceptance of 29 public and/or private improvements, unless additional' time is granted by the 30 Planning Director due to'utilbreseen time delays. 31 32 (3) All components' of the IUD Development Plan, pursuant to 'applicable 33. mitigations imposed herein, shallgbe-,StibjeCt4to reyiewyand approval by SPARC to 34 insure that the projects overall design is harmoniout Suiroundingnatural , 35 hillsides,Kelly1Creek, and neighboring Improvements prior tO-Final Map approval: 36 37 (4) The CC&R's shall include 4 provision that_prohibits the removal of existing, 38 proposed and required -tree' pt4nfings included on the PUD oLandscaping and Fencing Plan as approved by SPARC, and any subsequent Plantings required by. 40 „ the Planning Director due to necessary tree removal for construction_ Exceptions • 41 shalt be allowed itncaseS,Where the trees create a safety hazard as determined 42 thePlanning Director: 44 (5) SPARC shall review the design of the bridge over TKelly- Creek with special 45 !atiention.to'pe'destilan eleineptsrand.scale. _ 46 _ , • 47 (6) The project landscape plan, creek restoration plan„and visual-mitigation.planting 48 plan shall be designed to create a natural pattern. 49 50 (7) . The project'Design aidelines+shall ericotirage.aingle-story, low profile homes. • 51 52 111011 Reso9di2i NCS Pg 1.3 of 15 • 13 1 2 • 4 Monitoring: r5 6 (1) All proposed and,or required mitigations/modifications to the PUD Development 7 Plan and Final Map, including but not limitedrto the PUD Development Plan (site 8 plan), the Development Guidelines, and the PUD Landscaping and Fencing Plan as 9 required by the City Council and/or SPARC shall be made, subject to staff review 10 and approval prior to Final Map approval:. 11 12 (2) Development of individual, homes/lots shall be subject to the provisions of the 13 Development Guidelines as amended herein.(and approved by SPARC) through 14 administrative SPARC review and approval'pnor<to issuance of a building permit. 15 16 (3). All construction shall be subject to City staff inspection for compliance with 17 adopted mitigation measures and conditions of project approval, the approved 18 Public Improvement Plans and approved development permits, prior to City 19 acceptance of public and/or private area improvements and issuance of a 20 Certificate of Occupancy for each new unit constructed. 21 22 19. Recreation 23 24 Mitigations: 25 26 (1) The developer shall be, required to contribute a park and recreation land • 27 'improvement fee as established in the City's current Special Development Fee 28 . handout. 29 30 Monitoring: 31 32 (1) A park and recreation land;improvement fee shall be collected prior to issuance of 33 a building permit for each house. 34 35 20. Archaeological/Historical 36 . 37 Mitigations: • 38 39 (1) In the event that archaeological remains are encountered during grading, work 40 shall be halted temporarily and a qualified archaeologist shall be consulted for 41 evaluation of the artifacts and to recommend,future .action The local Indian 42 community shall also be notified and 'consulted in the event any archaeological *43 remains are uncovered. 44 45 - ., • _... 46 47 48 49 50 `e 51 Reso. 96-121NCS Pg. 14 of 15 14 • ( 1 2 • .3 Moiritoring 4 5 (1) The City inspectors and, project, contractor shall monitor for 6 archaeological/ istorical artifacts during all,phases'of construction. 7 s - .• 9 M XT4NDitgwworac • • • • • • • -Under;the;power and`authority,conterred'upon this'Council,by the rCharter.of'said City. REFERENCE: I hereby certify the foregoing:Resolution,was introduced=and'adopted by the _ rovedas.to Council of the City of.Petaluma at a iti tS. (Regular) aiXQ6pu363ct" meeting ;' on the'.;fifh .---...._ dayrof;___frJsy� - ,.19.96..,.by the'. ' following vote: - - Attorney', AYES: Maguire, Storhpe; Read, Shea, Vice Mayor Barlas, Mayor Hilligoss NOES: None ABSENT: H milt e ///4e ty Cleik. -. - Mayor • CA 10-85 j _ Res Na J6-1�3, rv.c Pg 15 of 15 • Re solution No. 96 -424 N.C.S. •. , of the City of Petaluma, California 1 2 3 APPROVAL OF THE PL• D UNIT DISTRICT DEVELOPMENT PLAN 4 FOR- rTHE MAXWELL RESIDENTIAL,PRCUEEt LOCATED ON A 196th ACRE 5 PARCEL ONTEE EAST SIDE OF "D",STREET,AT WINDSOR DRIVE; 6 AP No. 019L.120-045 & 046 7 • , . 8 WHEREAS,the project site has been rezoned to Planned Unit District by Ordinance No 9 -2013% N.C.S.; pd 40 11 WHEREAS, the Planning Commission held a duly noticed public hearing regarding this 12 project on March 26, 1996, and considered and forwarded!a•recommendation to the City 13 Council to conditionally approve'a Planned Unit Development Plan for the Maxwell 14 residential project; and 15 • 16, WHEREAS, the City Council has found that the requirements of the California 17 Environmental Quality Act have been•satisfied through the of an Initial Study 18 which indicates that the proposed project, as .mitigated through the adoption of a 19 .11/4/litigated Negative Declaration pursuant to Resolution No 96-1,21 N.C.S, will not 20 result in significant environmental impacts, and that no further environmental review is 21 necessary. 22 23 WHEREAS, the City Council has adopted Ordinance No 2013 N.C.S. 'rezoning the 24 Maxwell site to Planned Unit District. 25 • 26 NOW, THEREFORE BE IT RESOLVED that the City Council hereby conditionally 27 approves the Planned Unit beyelownent. Plan as reflected in the Development Plan 28 including: architecture, landscaping, and written development standards considered by the 29 Planning Commission on Marck-26, 1926,. all on file with the City of Petaluma Planning 30 Department, pursuant to Section 19A-504 of Zoning Ordinance 1072N.C.S.; as amended 31 based on the following findings and subject to the following conditions: 32 33 Findingslor Approval of the PUDDeveloyment Plan:, 34 35 1. The jiropOSed Maxwell.Residential PED Development Plan, conditioned, results _ 36 in a more desirable use of thelan&andia,better physical environment than would be 37 possible under any single zoning district by allowing the establishment of larger 38 single family lots with'substantial open space area, including a portion of the Kelly 39 Creek corridor at and/or near the CitY's Urban Limit Line 40 41 2. The establishment of an non-development parcel to preclude further development 42 over a portion of the site (Kelly Creek Open Space corridor) is consistent with 43 General Plan policies regarding the preservation of designated Open Space; and .44 the configuration of buildable lot areas combined with non-development easements 45 and building.setbacklines is consistent with policies in the General Pi&regarding - -- 46 the pi-eServation_of the scenic beauty of the Western hills as well as the policies 47 regarding density reduction in.proximity to the Urban Limit Line. 48 • 49 3. The DeVelbPrnent Plan for the proposed development, as conditioned, presents a .50 unified and organited.arrangement of building envelopes, utilities, and landscaping • 51 which are appropriate relation to the natural hillside and improvements on le 52 nearby properties.. 1 96-124 Nes • Oage 1 of 3 . , . , 1 , ( 0 2 4. The natural and scenic qualities of the site are protected, with adequate available 3 public and private spaces, including open space easements as proposed and 4. conditioned, for the Unit Developritent Plan. ' • . . 5 6 5. The development of the Maxwell property in the manner proposed by the 7 applicant, and as conditioned by the City to'providevehiele,and pedestrian access 8 including::a Pialki(pathhand,sideWalk adjacent to--15" Street, will not be detrimental 9 to the welfare, Willheid-the best interest of the City, and Will rhelniceeping 10 with the general intent and spirit'of the General Plan of the City Of Petaluma and 11 its applicability to theSunny;.:Slope,Annexation area. - 12 13 6. The vehicle and pedestrian circulation pattern .of the proposed Planned Pint: 14, Development PlanhaS been reviewed inFthe context of'the traffic.Capacity'on "D" 15 Street, nearby deVeloped, properties and the potential 'development of adjacent' 16 properties and, has been designed,to be compatible with the circulation patterns, 17 needs,,,and carrying'capacity. , 18 19 7. The proposed PUD Development Plan,has complied-with the Irequirements of . 20 CEQA Pursuant: to 'Section 15162' of the .OEQA Cniidelinea, through, the 21 preparation and certification of the FEllt for the Sunny Slope Annexation and the 22 subsequent Mitigated Negative Declaration prepared and adopted (Resolution 23. No. • N.C.S.) by the City Council for this project which addresses 'tie 24 ' potential environmental impacts associated with its development; and no :Anther 25 etiVitoinnental'analysis,is necessary. . . ' . ( 26 II 27 Conditions for the P.11WDetelenment"Plan: • 28 • 29 1. All requirementS from theOityPlaiiiiing-Department shall becomplied'Witft, 30 fincluding:: 31 32. • a. All mitigation and monitoring measures of the Mitigated Negative. 3.3 Declaration (Resolution No. 96421.N.C1S.)},adOpted'forthil'project shall 34 ker.eiffoited, as ,applicable, with all components of the'01JD Development • , 35 Plak, including but not lifinteirito;the Plan;.(site jilan);, -- 36 thePU.D.Landscapifig-:anclFeneing7Plak and inebeVthIcipfile0Glitielines.. 37 . 'b.- All .conditions of the Tentative StibdiVisibil Map (Resolution. 38. ' 'NO. c§6425N:CS.) adopted for this project ,shall be enforced, as 39 applicable, with,all'corimbrierita.ofthe PUD Development'Plan, inbitiding 40 but not limited to the -PUP. Development,Plan (site_plan),, the PUD 41 Landscaping.and Fencing i Plan, and the Development Guidelines. 42 . C. ATaspeots Of the PUD DeyelOpment-plan, including but;:not limited to,the 43 PUD Development Plan :(site plan), the PUD Landscaping and •Fencing 44 Plan, and the,Developtheikt Guidelines shall be reviewed and approved by 45 . „. ....„.SpARO; ,and amended accordthgry,csubject`th staff review and approval 46 prior to FinatMaj:napproval. - ' . 47 'd. . A.ftillacalereprodudible copy of the Development Plan, Landsoaping • 48 and Fencing Plan and 4 ;,final copy of the Development Guidelines as 49 approved by SPARC shall be submitted to the Planning Department, 1 50 siibjectito staff review'and,approyit prior tocnnaliMap approval. 51 e. Development of all public and priVateliniprovements for-Phi:Se-Ill and2 of Oli: 52 this PUD Development plan, including but bet limited to; the PUB, . . - ' 2 . Paget 2 of 3 .- • . . . ' . • 1 Development Plan (SitedrIlari), thePTJDltanciscaPing and Fencing Plan, and 3 ' . the Development Guidelines must With all applicable mitigation and ti ;monitoring measures of the Mitigated Native:Declaration (Resolution - 4 No c96-1'21 NC S ), and all applicable conditions of the PUD 5 Development Plan an&TentatiVeSUbdivilionMap. 6 f , Development of the residential lots'Within Phases 1 and 2 of this PUD '7 - Developrneri.Plan, shall comply with all provisions of the Development 8 Guidelines on file with the City of Petalufna, subject to staff review and 9 ' approval.. 10 g. . The applicants/developers shall defend,,,indemnify, and hold tariffless the 11 • City or any Of,itSliOards, cornintsaiokageati, officers, and employees from 12 any claim; action or proceeding against:the'City, its boards, commission, 13 agents, officers, or employees to attack, set aside, void, or annul, the 14 . approval of the project when such alit or action is brought Within the 15 • tinie,periochprOVided for in applicable Stateand/orlOcal-Statutes. The City 16 shalliptoniptlynotifyiheapplicarits/deVelopers of any such claim,action, or 17 , . proceeding The City shall coordinatelmthedefense.- Nothing contained in • 18 , , this condition shall prohibit the City frbinTarticipatingin edefense of any 19 claim, action, or proceeding if the City bears its own attorney's fees and 20 costs, and the'City'defends the actionin.good,faith. • - . 22 2. All requirements from the City Division r shall be complied with, including: 23 ' 24 a. Grading plans .must be certified when completed to indicate Compliance 25 with approved plapsYand:Will be required for occupancy: 26 b. Certify finish flobiteleiiatiorybefore oaarifency. • 27 . O. Any holding.tank required for elevations above '160 feet must meet 28 Engineering Department design requirements. 29 d. Where groundralopes,greater than 1 on 10, foundations shall be stepped per • 30 thlif0M031.1i1diaggode:2907(e). 31 e. Soils *i. th expansion 'index greater than .„20 requires special design 32 foundation perUniformBuilding COdeg-2904(b): 33 f All roofing shall beii3" rated of better'per.Ordinance No 1744/1988. 34 g Driveway gradient shall comply with ordinance No 1533/1982. 35 h. Responsible party to;sign:plans. . . ' 36 • i. Subnit:soilsrePOrttoverify found ntion deSign,.. . 37 i. ----. Plans mud ihoW, compliance to 1994 1113e UPC, UMC, and 1993 NEC. 38 Plans must also show,compliance to curreniTitle'24thergyCode. 39 k. Provide structural calculations-for all non-com:Tatiana!,design items. . -- 40 41 MAXPUD/hg24/word6 • 42 . , Under be Poirni.and'authority conierrecl uhon this Council by-the Charterof said-City. REFERENCE: I hereby certify the foregoing Resolution was:introduced,and adoptedthy the Approved as to Council of Citk tit,Petaluma at a'.(Regular) a/dwgigvutialgrakti,52)..meeting , on the 2 0 t h 'day of May -'•- ",_ . , is..9S.., by the • . following vote: Citiy Attorney AYES: Maguire, Hamilton, Stomper Read, Shea, Vice Mayor Barlas, Mayor Hilligoss 028: None i .. Ap gisENT• No - ' 'l AIIIIIP • . / • • - a ____>/1, .4/ ;-• / ?-/ /611 . — I/ S ATVEST: • .ei/edaSi2 - . " -, , City Clerk' _ - Mayor council File.. ----L- CA 10-85 !Res No 95=124 ‘Lbs Page 3 of 3• Resolution No. 96-125 N.C.S. of the City of Petaluma, California 2 • 3 • 4- 5, • APPROVAL A TENTATIVE SUBDIVISION MAPPCIRTHE MAXV— VELL- 6. RtsitpwrIAL,PRoJECT LocATE.pioN THE EAST SIDE OF '0" STREET AT 7 WINDSOR DRIVE;.AP NO. 69-140-045 ai:046 '8 9 ' • • WHEREAS,Charles and Paulinelylaxwell.‘filed an application for a Tentative Subdivision 11 Map.on March 20,1995, for a subdiVisionlenownlas the:MaxwellSubdiviSion; and 12 13 WHEREAS, the City Council has found that the requirements of the California 14 Environmental.Quality Act havebeemsatisfied through ihe preparation ofian Initial Study 15 which,indicates:that the proposed ,project, as mitigated through the :adoption of 16 .Mitigated iNegative ;Declaration pursuant to Resolution No 96-121 N C 5 , Will not 17 result in significant environmental impacts, and that no further environmental review is 18 necessary;,ar:id • 19 _ 20 WHEREAS; the,xPlanningicommissiokheld'dulTnoticed public hearings to consider the 21 project on June P, 1995, July 11, 1995, December 12, 1995 and lastly on March 26, 22 1996, at Which tilde, the Planning Commission recommended that the City Council 23 conditionally approved the Tentative Subdivision Map;and 25 WHEREAS, the City Council has adopted Ordinance No ,2013 NE:S. rezoning the 26 Maxwell :Su-bdivi'sion site to Planned Unit District, and approved Resolution No 27 96-f24 NC:S. approving/the Maxwell Planned Unit Development Plan. '1111 28 29 NOW,THEREFORE, BE IT that this Council hereby finds,as follows: 30 31 Tentative Map Findings:. 32 33 1. The proposed subdivision, as conditionally approved, together with provisions for 34 its,designandlimprovement;isiconsiStent with th&GeneraltliMas awell-designed,_ 35 • clevelooment,that is harmonious with its setting within the western 'hills, of - - 36 Petaluma and provides adequate pedestrian and'vehicle access and services to the 37 proposed ba 38 39 2. The hillside site is physically suitable,for the type of lower density tingle-family: 40 residential development as conditionally proposed with building envelopes 41 • restricted,,to the-:flatter areas of the sittand more sensitive.areas regulated by open 42 space easements and nab-development easements. 43 - 44 3. The Tentative Subdivision Map-provides reasonable ptifilicY,access,tfrom "D" Street - 45 on priVateroads (Neel Drive and Marahathatane) te tliepropoSed lets. 46 47 4. The proposed map,, subject to the following conditions, complies with the 48 :Tequfrements,olthe•Municipal Code; Chapter'20:20 and the Subdivision Map Act 49 50 5. The proposed map has complied with the requirements of CEQA 'pursuant,to 51 Section; 15162 of the CEQACrilideliiieS, through the preparation.ind ee iiinc.Oion • • • Nea Na 96-1125 Ncs Page 1 of 6 ..,, . 1 a the FEIR. for the $unny_Slope, Annexation and, the subsequent Mitigated 2 Negative Declaration prepared and adopted.,(ResolutioniNo: 9 6-1 2 1 N.C.S.) by ilk 3 ., the City Council'for.this project Winch addresses the. potential' environmental 1111/ 4, impacts associated with its development, and no further environmental analysis is 5 nebssarj. 6 • , . . . . . • 7 6. . • The design of subdivision and the type dlimprovement.s will not riuicr public S health problems as the sanitary improvements including sewer, storm drains and _ , 9 water systems, designed to the satisfaction of the City Engineer. 19 il. 7. Oniiiion of a public sidewalk extension across the project-site's 'ID" Street - 12 frontage south of the:project's street entrance.,(Noel Drive) will not jeopardize 13 public safety. 14 Ailho<w•til, 15 (3E IT FURTHER RESOLVED, based on the findings set forth above, that the proposed 16 ..iiidaiiiag'TentativeStilidiCiaion Map submitted on September 13, 1995, is hereby 17 conditionally approved subject to the ccinditiOns set forth and ;incorporated herein as 18 folloWS:• 19 • . ( . , 20 Conditions for the TentatiVeMaM 21 22 1. • All requirements from the City Engineering Department shall be complied with, 23. including: 24 25 'a. A 10-foot wide "public water main easement" shall be dedicated to the City 26 on the Final Map over Lot 10 or 41 to the easterly boundary of the • 27 subdivision in addition to the areas proposed On the Tentative Map. This 28 easement shall allow for the:future extension of the,ZoneTII water system 29 to adjacent propertiesrWithin the Urban Limit Line. The proposed. 8-inch 30 water main extadiagAo the end of Maranatha.Lane chall be increased in • 31 size tb;a 12-inch. ThetityAshall reimburse the'applicant out of the capital , 32 improvement program budget the cat of=the increased pipe beyond that 33 needed to serve this sUbdivision, upon acceptance of the public . 34 iniprovenienti. 35 b. Noel Drive :shall be included with the prOPOSed, _ common area and be a 36 private road. . The privatelYMiairitained roadways structural shall 37 be designed,based,upon the cities Minor Residential,Street Traffic Index. 38 Parking shall be :restricted to comply with .minimum fire access 39 re4tarercients, Pro4isions to assure.vehicles do not park on Maranatha . 40 Lane challbeinstalleili(i.e., signs, fed curbs, etc:), 41 c: No lot-to-lot drainage ihall be allowed. Surface runoff shall be addressed 42 within, each indiVidtal lot, then, conveyed to an approved storm drain . 43 Systern Open graded swales are not recommended on hillside subdivisions. 44 In order to mininile erosion,,surface drainage concrete swales with inlets 45 to a pipe system shall be-utilized, 46 ' Provide public;Stott?drainage systems within public rights-of-way to all '-' 47 extent possible: Privately Maintained storm ,drain systems shall have a . . . 48 mechanism to 'insure long-term maintenance (i.e., (C&R's, Agreement). 49 The hydraulic napacity of the dOwnitream storm drain system (Kelly (reek 50 from this project to the limit of detail study- shown on the .F.LRM. 51 documents) shall be determined to be adequate to handle the additional ip 52 ruwoffigenerated by this developmentand:by thepotential development of 53 the upstream Watershed.; If determined to be inadequate, necessary 2 • Reso. 96-125. NCS ' Page 2 of 6 • • - I improvements shall be designed and cOnstrUcted bythe,projec-t applicant to 2 .address the added 'Capacity needs. -A- public hydraulic maintenance i . .., ._ 3 1 easement shall be dedicated to the City and showif on the'.,Final,Map, to 0 4 allow for hydraulic maintenance of Creek withinThthis siiiidiViSion. 5 d. he lbta created Wit.h.'PliaSeZ shall be provided with a privately maintained , , . . . 6 storm drain system, where drainage within a public right-of-way is not ._. _. . , ..... 7 feasible. The privatelyznaintamed storin drain system ahalt he'ina*Intained 8 by the homeoWders association and shall maintain an 'am117, 1Lbidget for maintenance of:said system addressed :in the covenants, conditions and 190 restrictions. ., , 11 •e. AlttaititarY,SeWer:.mains Servicing more than one lot shall"beppblic. Public 12 . sthiit4rpSewers on priyate property shall be within a 10 foot wide deea:sem ent 13 dedicated to the City and paVed. Publicly Maintained SaiiitWSOWer-S shall 14 be ductile iron where installed in a hillside with slide potential 15 f The ireptovementplans shall addressthe potential fel:erosiont,inthe arekof . 16 Street wherethestorm,drampipe crosses Noel Drive. 5 i. : ,... . 17 ' g city ,Standard' curb, gutter and ;sidewalk shall be installed'on -n" AStreet 18 . from the norTherly,property:corner to the intersection withiNdel Drive. An 19 interim 4 foot *halt"pedestrian nath,,shall be provided along "D" Street 20 • connecting thiS-prOjeCtIto the existing sidewalk northerly 700* feet of the 21 project The area required to provide an interim 4 foot asphalt pedestrian 22 path on "D" Street shall reSilltima cross-section area olarhininifiba. 12•foot 23 travel lane; in each direction, 6qbot bike lane along the easterly.side; and 24 the 4 foot asphalt pedestrian path separated by an asphalt dike: , . . 25 h. A-1-foot non-access easement ,.shall be dedicated to the City on the'Final 26 Map,across.the entire lifoject! ,l'?D"-'Street frontage; except in the area of 27 -,. Nroel.brive: 28 i. All cut and fill slopes shall be constructed per the soils investigation report •, 29 (by John H. Halley'dated 11125/94) and no greater than I to .1 slOpeS. • 30 ,Specil attention shall 'be given to areas of Rid' landSlide deposits as 31 • identified in the Sunny,SlopeFinalEa dated March '17, 1989. All slopes - .9 ... _ _ ...., _. _ , 32 ' constructed in conjunction With the roadways, shallhaVe a slope easement 33 to allow the responsible Party (p_ubliciptivate),access to repair/Stabilize any 34 slope damage All retaining walls as shown on the Tentative Map Shall'he 35 constructed on private pro-petty. The homeowners COVeriattS, conditions ' 36 and addressmaiiitenatice d.fthe slOpes. 37 - - - ti.- -'City- Standard pavement markings shall, be installed. on "D" Street,:in the---- - . -- - - 38 arealottheiiitefSeti-tidniandNoel Drive, "D" Street markings!shall provide 39 "a-:,left turn pocket into this project. Lane configuration and markings shall 40 be buttons and/or therrnoplaStie and subject to the review of the City 41.: Traffic Engineer. 42 k. City ,Standard 'Street lights shall be installed"an the easterly ,side of mID" 43 :Street, atrdsthisiproject frontage umto'Kelly Creek , , , , 4-4 1. The proposed articles, of iddorpdration Of an owneii or tenant's . . . 45 organization legall9 1 empowered to own; 'maintain and pay tax, es,.on the __ 46 proposed lands being retaine,din private OWnership-Tor.conimUnity use shall - 47 be submitted for 'City feVieW and;appreival. This reciiiired document 48 '-' (pursnant to 20.16".220 PMC) shall address all publicly, and _privately, 49 • - ,thaifitafriedfaCilities, Structures; easements, improver:hems,Utilities,etc. 50 in. Half street section of Windsor'Drive shall.be slurry sealed'where,the 12 51 . • inch water main isto bejnstalled, A 10 foot i‘rnitinniun,Separation between 52 thenew,.watermain:addexiStingtitilitics is required 53 -- n." ' Pursuant to..:Milineipal Code Section '20.3.6:140; all utility distribution • 54 :-faCilitie S. shall be placed uridergrciund. All existing overhead utility . . • - 3 .._ . . Reso. 96-125 -N .CS " ,Page 3 of 6 1 distributionfacilities across the project's'."D" Street frontage shall'be placed • ' 2 - ' undergr'ound.• • 3 o: Improvement Plans shall be prepared per',City Department of.Engineering 4 ' Minimum Design Criteria, Improvement Plan Preparation and Standard 5 Details and Specifications. Record drawings 'for grading/slide repair shall 6 be provided to the City's EngineeringsDepartnient. 7 p. The developer shall comply with all requirements of the Petaluma 8 • Municipal Code including but notlimited to Chapter 20 SUBDIVISIONS. 9 10 2. All requirements from the 'City. Fife Marshal's office •shall be complied with, 11. including: ' 12 - 13 a.. Residential buildings constructed at or above one hundred-sixty feet in 14 elevation are required to have a residential fire sprinkler system. 15 Exception No sprinkler system will'be,required_in buildings; constructed 16 above the 160' elevation so long as.minimum fire flows of 1500.gpm can be 17 achieved at=`standard_'approved pressures:•' 18 b. Residential buildings constructed,over'3,500;sq:ft, !in'area are required to 19. have a residential fire system designed and installed in accordance. with 20 N:F.P.A 13=D, in all areas including attic; garage _bathrooms with 21'' combustible fixtures, bathrooms over 55 sq:ft`: and closets over 24;sq.ft. or 22 over 3 feetdeep. _23 c. In residential buildings•;less than 3,500 sgl-ft: in floor area, provide dire 24 suppression system at-normal sources of :ignition. These areas are 25 specifically at clothes dryers, kitchen ;stoves, furnaces, water heaters, 26 fireplaces and in attic',areas at vents and chimneys for these appliances and . 27 equipment. In addition,spare;sprinklers,(one of each type in the residence) 28 and wrench !shalll be provided in a red spare sprinkler head box in the 29 garage. 30 d. Minimum fire flow required for this project,is 1,500 gallons per minute at 31 20 pounds,per square:inch (psi). 32 e. All required fire lanes in which•ino parking is allowed, shall be designated 33 by painting ctribs•red. Where,no curbs exist, signs approved by the Fie 34 Marshal shall be installed. • 35 f No:roadway:`grade shall excee& 12"percent .(15, percent maximum with 36 approval of Fire and ;Engineering). Private driveways may exceed 15 37 Percent maximum grade:so long,as the driveway is not considered part of 38 the emergency vehicle access (EVA). 39 g. An approved hammerhead turnaround shall be provided for all driveways 40 on Which,the:finished.structure may.exceed 150 feet from the street. 41 h. Address locator'required to be posted at. or ,near the driveway entrance. 42 Reflectorized numbers.are acceptable. Location and design to be approved 43 •by.the Fire Marshal's•office. 44 i. All ;roofing material shall, be rated Class 'B" or better, treated in 45 accordance with the Uniform Building Code Standard 32.7 and City of 46 ..Petaluma:Ordinance 1744. 47 - `: k-:-:.j. ll ofin ' atil lid as tior ll in shall have are rating E. - :-... . , . ,, 48 of Class "B" .or better treated in accordanceewith Uniform Building Code • 49 Standard 32.7.andCrty;of Petaluma Ordinance 1744: 50 k. : Provisions for AnnuabWeedBrush"Abatement of the urban interface and 51 the developed area, sshall be the responsibility of the Homeowner's ,.. 52 Association'' of other maintenance mechanism. A .plan, that outlines the. 53 criteria for provisions of weed abatement shall be developed. This plan 4 R'eso. 96-125 NCS Page 4. of 6 1 shall:be approved by the Fire Marshal's office prior, to approval of Final 1 2 Map of the project. 'This plan shall include conditions for fire safe 3 "landscaping„ fire breaks cand shall be in accordance with "Fire Safe • 4 Standards" developed,by`the:State of California. 5 . 6 3. All'requirements of PG&E shall,be.complied'''wit , including: 7 8 a. Gatfand.electric service;to this development-wi be provided in.accordance 9 with the applicable extension rules, copies of which-are available from this. 10 ofice`upon request 11 b. The cost.of any relocation of existing PG&E facilities necessitated by this 12 project will be the;responsibility of the requester. 13 14 4: All requirements of Sonoma County Water Agency shall be complied with, 15 ;including: _ 16 17 a. Grading and drainage requirements shall be`designed in-conformance with 18 the:Agency s:Flood Control Design Criteria_ , 19 , 20 5. All requirements from the ,City"-Planning Department shall be complied with, 21 including: . 22 23 a_ All', ;mitigation' and monitoring measures_ of the Mitigated Negative 24 Declaration (Resolution No 96--121 N.C.S:) adopted for this project shall . • 25 be enforced, as applicable,, with all components of the Final Map and . 26 kassoCiated public/pnvate improvement.plans. • 27 b. All conditions of ,the PUD "Development Plan (Resolution 28 No 96-1,24 N.C.S.) adopted for this Tentative Subdrvision¢Map;shall"be • . 29 enforced,. as applicable, with all components of the Final Map and 3o associated public/pnvate;improv„ement plans, 31 c. The Tentative Subdivision Map shall be reviewed and approved by '32 SPARC, and :amended aocordingly,._subject to staff review arid approval' 33 prior tto Final Map.approval. 34 d. A full scale reproducible copy of the .Tentative Subdivision. Map as 35 approved by, SPARC; shall be submitted to the Planning,IDepartitient, • 36 subject to staff review;and approval pnorto"•Final Map approval. :37 e: Deyelopmenv of ill public and private improvements for Phases'1 and 2 of • 38 the Final Map must comply with;all applicable mitigation and momtoinng . 39 measures, Of the Mitigated Negative ' Declaration (Resolution 40 No. 96-121•N.C.S ), and all applicable conditions of the PUD -- 41 Developmenf lan and'Tentative-Subdivision Map. 42 f The applicants/developers shall defend, indemnify, and' hold harmless the 43 City or any of its;boards,:commission, agents, officers, and employees from 44< any claim„action=or proceeding'against the City,:its boards;;'commission, 45 agents, officers,, or employees to attack; set;aside; void, ..)-f annul, :then . - 46 approval of:the`project`when such claim or iaCtiOn .is brought within the 47 time,.period,provided,form applicable state and/o 'local statutes. The City' 48 shall:promptly notify,the apphcants/developers of any such claim, action, or . 49 'proceeding.. The City'shall coordinatein the defense., Nothing contained in 50 this.condition,shall p ohibit:the City from;participating-an a;defensefrof any 51 claim, action, or proceeding if the City bears its own attorney's'fees and.. • 52 costs, and the City defends the,action in9good faith_ • Reso. 96-125 NCS , :Page(5 of-6 5 . • • J" 1. u3 Commietename r h ll`tbel Map a^to review andaapprovalof the Street Naming 2 6. All-street names�gliall be suh'ect ` pproval. a 5 7. This project shall be subject to the City's Special Development Fees,,including: 6 Sewer and Water Connection, Community Facilities Impact, Storm Drainage 7 Impact, Traffic Mitigation, In-Lieu Contribution for provision of affordable 8 housing, Park and Recreation Land'Improvements, and .School Facilities (paid 9 directly to the School;District). No credit or reimbursement Shall be given,for the 10 proposed dedication of open space and/or park lands,and proposed improvements 11 thereon_ 12 13 14 15 MAXTS144g24/wadc 16 17 • • • • • • Under•the-.power an&authority..covfer ed upon:this',Council,by the Charter of said City. REFERENCE: I hereby certify the'foregomeResolunion was introduced:and adopted by the Approved as to Council of the City of Petal�arat a (Regular) _ ) meeting form on the �20th ,day of- May ..-. ig'96s by the lr following vote: ... .:► e ' Attorney AYES: Maguire, Hamilton, Stompe, Read, Shea, Vice.Mayor Barlas, Mayor Hilligoss ZOES: None �NT: None% AO. //q ATTEST: - t__...--a '.e, .- ".:/ :w.J' ,el /i• City Clerk - `_. Mayor . _ .. / coween CA,10A3 Re 96- �Page.6 of 6 Resolution No:, 987i.- N.C.S. 2 of the City iof Petaluma, :California; '110 5 THE OrrY:COUNCIL OF THE CITY OF PETALUMA DENIES AN APPEALBYPATRICIA 6 TUTTLE BROWN OF A DECISIONBrTHE-,PETAL'UNLA PLANNTSfe,CONLNIISSION TO 7 GRANT A ONE YEAR EXTENSION FOR THE .TENTATIVE-NIAP.FDR THE MAXWELL SUBDIVISION LOCATED EAST OF "D" STREET AT WLNDSOR:bRryE:, 9 APN 01.9=120-045 8c046 10 11 12: WHEREAS on February 6,, 1998, MogeL Enneering, on behalf of the Makwells, filed a 12. 13 month extension request to the Tentative Map for the Maxwell Subdivision to extend its 14 expiratiomfrom May 20, 1998, to May 20; 199:9; and 15 16 WHEREAS,fa public notice was published in the Argil s-C o u ri er on March 14, 1998, and a public 17 notice was mailed to all properties within'300' ofthe'subject project bOundaries; and 111 18 19 WHEREAS, the Planning Comthission at their 9, '1998 meeting, after opening the public 20 hearing and reteiving testimony, approved the Tentative Map ex-tension With additional conditions 21 of approval;WhiCh,were agreed to by‘the:Maxwell's!representative, Nfr. Steve:BUCkley; and 23 WHEREAS.; Planning staff received an appeal from MS. Patricia Tuttle BroWn. of'tile, Planning 24 Commission?s decision to grant the Tentative .Map 'extension; in the ;appeal statement, the I 25 appellant noted her:OppositionJO,the map extension Witlibut proviSibconditionS to extend the 26 Urban .Separator designation at the Urban Limit,Line, and provisions/conditions for a, non- 27 • vehicular ariel,,pedeStrians Within said ex-tenS.ion of theUrban.Separator. ■ 28 Resolution No 98-153 Page 1. of 3 • 1 NOW, THEREFORE, BE IT RESOLVED that the City Council denies Ms. Patricia Tuttle 2 Brown's appeal and sustains the Planning Commission's June 9, 1998 approval of the Tentative 3 Map extension for the Maxwell Subdivision with additional,conditions of approval, based on the 4 findings and conditions contained in 'Resolution 96-125 N.C.S. in which the City Council 5 approved the Maxwell Tentative ;Subdivision. Map, and •subject to the following, additional, 6 conditions: 7 8 Condition A. .lied to Maxwell Tentative Ma. Extension: 9 20 1. A continuous 20'wide easement for public access for pedestrians, including bicyclists, a 11 pathway (paved or unpaved); and, maintenance, dedicated to the City to provide ■ 111/ 12 for public access over the boundaries of the Maxwell Subdivision from: the lands of 13 Horich, APN 019-120-023; the "D" Street .right-of--way, including the box- 14 culvert/undercrossing of Creek; and the lands, of Premo, APN 019=203-006. The 15 final location of said easement shall generally follow the course described below, subject . 16 to the Planning. Director's•review and approval prior to acceptance of the Final Map: 17 18 A continuous 20' wide easement for public access for pedestrians, including 19 • bicyclists, a athwa p y (paved or unpaved), and maintenance, shall be dedicated 20 along the southerly and/or westerly banks,of Kelly Creek; beginning at the lands of 21 Horic,' APN 019.`12 � 0=023, and continuing in a southerly direction over Parcel 14, 27 at• or proximal to the "D" Street right-of-way, the...Urban! Limit Line; said Reso. 98-158 NOS Page 2 of 32 1 easement shall when continue easterly along or proximal' to the Urban Limit Line, Ask 2 and, as offered by the applicant, said easement shall continue across the remainder 3 land, APN 019-120-046, to the common boundary of said reminder land and the 4 lands o •Premo, APN 019-203-006, in a location sufficient;to .provide for a future 5 extension of said:easement over•the lands of Premo. 6 7 2. An easement .sufficient for private vehicular and emergency vehicle access shall be. 8 dedicated to the lands of,Herich, APN'019-I20-023 *h h extend from the private 9 access on "D" Street, over Kelly Creek, and along the southerly side of Kelly Creek, 10 subject to approval by the Fire Marshal,'and Planning Director, prior to recordation of the 11 Final Map.' 12 13 14 s 1misclresom:.xe • Under the:power and -._. authority'cbafe u poa this Council by.the Charter ofasaid;City. REFERENCE: I hereby certify the,foregoiag Resolution -- was intioduced and adopt)meeting Approved-as:.to Councih..of the eiti of Petaliuma•at,a (Regular) (Adjourned). ( - _ .form on the .,27th day of _.._auj - meeting following vote Y- `9 R,- •-.�I9 try the Attoraey " AYES: Torliatt, Stompe, Vice Mayor Maguire, Mayor Hilligoss, NOES: Read • ABSENT; Keller, Ham lion City Clerk (� . � ' ' 5 May 3.............. . C.> lo.a5 • - Rea. Na' 98-159 r+;e$ Page 3 of 3 it CTIVE DATE; _ OF ORDINANCE` JUN 2 0;.199_6 7 2 I3 4 ORDINANCE NO_ 2013 N.C.S. 5 6 Introduced by Councilman Seconded by Councilman 8 Mary Stompe Tiori Shea 9 10 AN ORDINANCE OF THE CITY OF PETALUMA AMENDING ZONING 11 ORDINANCE NO 1072 N.C.S. AS.AMENDED,BY,RECLASSIFYING AND 12 REZONING A 19.6±ACRE PARCEL LOCATED EAST OF "D" STREET AT 13 WINDSOR DRIVE TO A-PLANNED UNIT DISTRICT TO ALLOW FOR 14 DEVELOPMENT OF THE MAXWELL RESIDENTIAL PROJECT; ' 15 AP No. 019-120-045 & 046 16 17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS I8 FOLLOWS: 19 20 Section 1. The City Council(finds that the Planning Commission filed with the City 21 Council on May 6;'1996, its report`set forth in its minutes of March 26, 1996 (File 22 #TSM0086) recommending the adoptionrof an amendment to,the Zoning Ordinance No • 23 1072 N`C:S., as amended, by reclassifying and rezoning certain lands being more 24 particularly described as Assessor's Parcel Number 0.19-120-045 & 046; a 19:6± acre site 25 located east of Street at Windsor Drive. • 26 27 Section. 2. The City Council further finds that said;Planning Commission held public 28 hearings on said proposed:amendment;on June 13, 1995, July, tl, 1995, December 12, , 29 1995, and lastly on March 26, 1996, after giving noticeof said:hearings, in the mannef, 30 for the period and in the form'required:by+saidOrdinance'No. 1072N.C.S., as amended. 31' 32 Section 3. The City. Council further finds that the requirements of the California 33 Environmental Quality Act:have"been isatisfied through the preparation of an Initial Study 34 :which:indicates that the proposed amendment, as mitigated through the adoption of a - 35 Mitigated Negative Declaration pursuant to Resolution _ will not result in a: 36 significant impact on the environment. l . 0 37 Ord. 2013 NCS page 1 of 3 1 • t Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072.N.C.S. as amended 2 the City Council finds as folloWs: 3 4 PUD Rezoning Findings: 5 6 1. The proposed Amendment to Zoning Ordinance No. 1072 NC:S., to reclassify 7 and rezone Assessor's Parcel No 019-120-045, known as Maxwell Subdivision, to 8 Planned Unit Development (PUB) idistriCt is in general conformity with the 9 Petaluma General Plan. 10 11 2. The public necessity, convenience:-and general welfare tleatly permit and Will be 12 furthered by the proposed Amendment^to'the Zoning Ordinance, reclassifying and 13 rezorungrthe Maxwell SubdiviSion to PUD. 14 • 15 3. The proposed PUB Development Plan has Complied With the remlirements of 16 CEQA pursuant to Section .1.5162 of the CEQA Guidelines; through the 17 preparation and certification of the FEIR for-tfie:Sunny Slope Annexation and the 18 subsequent Mitigated Negative Declaration prepared and adopted (Resolution 111/ 19 No 96-1 21N.C.S:) by the City Council for this project which addresses the 20 potential environmental impacts associated with its development, and no further 21 environmental analysis is necessary. 22 23 IF ANY SECTION, subsection,:sentence, clause or phrase,or word of Mis ordinance'is- 24 for any reason held to be unconstitutional by a court of competent jUrisdictiom such Is decision shall not affect the validity of the remaining portions of this,ordinanee. The City 26 Council of the City of Petaluma hereby declares that it-would haver:passed and adopted 27 this ordinance and each and all provisions thereof irrespective of the fact that any one or 28 more of said proviSion4e declared uncoristinitiOnal. 29 30 INTRODUCED and orderedPostedthis,6th day of May . 31 32 ADOPTED this 20 thlay of May, 1996,by the following vote: 33 , 34 AYES: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss 35 36 NOES: NoTW 2 . _ • • 2 .ABSENT:- Hamilton IP" 3 4 ABSTAIN: None '5. iratl/ 8 ayor 9 10 11 ATTEST: • 13 ; . _ a _40.1*4. --eA -Ai i.424(.0-4 14 r City Clerk- CitY Attorney 15 16 • 17 18 19 20 21 23 24 25 • 26 mAxx.Ezihgzahvords 27 110 • t• - . 1111 Ord. 2013 NCS Page 3 of 3 • 3 • City of .Petaluma; California Memorandum • • City Manager's Office„11.English Street Petaluma E4,94952 (707) 778-4345 Fax(707) 778-4419 'E-mail:citymg,,cLpetaluma.ca.us DATE': March 2;:2001 TO: Mayor and'rMeinberg of the City Council FROM: Frederick C.Stouder, City Manager SUBJECT: Asterisk'(*)-Consent Agenda Items-Status Repot-Land Proposed Schedule On the consent agenda,,the following items are noted With an asterisk-,(*): . *Discussion and Possible Direction Regarding Regional Water,Policies and Programs. . *Discussion and Possible'Direction Regarding Potential Bond Financing for Parks Development and Status of Parks &RecreationrStudy. * Discussion and Possible.Direction ontCampaign,Finance Ordinance. CouncilmemberMike Healy has a revised draft he-will be circulating to Council;item is scheduled,for the April 2nd evening meeting. • * Discussion and.Possible Direction on,Russian River Gravel Mining. Proposed Ordinance to Ban Russian River Gravel.within Petaluma City Limits. * Discussion and Possible,Direction Regarding Appointmentof Citizen Advisory Committee for City Investment Policy. * Discussion of Structure of FutureAB1600`Reports Regarding Mitigation and Impact Fees. * Discussion.and Possible Action,R'egarding Resolution Opposing,the Application of Chemical Pesticides on Property Owned:by'the City of Petaluma and Elsewhere in Sonoma County Without the Express Permission of Affected Property Owners or'Residents, and Encouraging"the:Sonoma County Agricultural Commissioner to Commit:to;the Creatieri,of an Alternative Plan to Identify and Implement a Non-Toxic Program to Reducethe Spread ofPierce's.Disease: This item has been removed from the March 5th agenda and is scheduled for March 19th evening.meeting. * Discussion?'and Direction,to Staff Regarding Appointment to Vacant Position on Personnel.Board (Appointment.To'This,Position Needs To Be Advertised) ,A discussion item regarding appointments to Boards, Committees and Commissions is scheduled for the March 19`h afternoon meeting. These items were discussed by the City,Council during the meeting of February 20`h,as items one or several Councilmembers wished to have placed on a future agenda. Many of the items had been listed or proposed previously for future Council discussion, while others were still,being.developed as part of issues under research. As it wasn't clear'to all Councilmembers as to the status of some items, this • listing is intended.to formally provide the City Council with a brief report or proposal on each If the . Council has any questions or comments on any of these items, the'item can be removed from the Consent Calendar. It is also suggested that all of the items can be acknowledged by accepting the ' status report as part of the Consent agenda.