HomeMy WebLinkAboutStaff Report 03/12/2001 (7) . 6
CITY OF'PETALUMA,;CALIFORNIA
•
AGENDA BILL
W'Agenda'Title:: . :Meeting•Date:
Resolution approving- the Final Map for the Pinnacle March 5, 2001
Heights (formerly-Maxwell)GSubdi'vision.
Department: Director: Contact Person: Phone Number:
Community Mike Moor , M ' Curt Bates 778-4301
Development I1 Co
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 N.C.S.
Summary Statement
`Resolution approving the Final Map for Pinnacle Heights Subdivision. The proj
• 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" 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`h. The estimated cost of public improvements for th'esubdivision is $325,313.
Council Priority: THIS AGENDA ITEM'IS CONSIDERED.TO BE-PART OF, OR NECESSARY..To, ONE OR
MORE OF THE 2000-2001 PRIORITIESFSTABLISHED BY THE1CITY•COUNCIL ON MARCH 18, 2000.
Priority(s): N/A
Recommended City Council.Attion: •
Approve Final Map.
eviewed by Finance Director Rev'.& ;�_. orne : A._Jsr ed by City Manater:
II A Dat : ®8,1e: Date:
20101 Jr.
Today's I ate: Revisions#-and' i a e Revised: File,Code:
•iFebruary 8. 2001 # S./erig/dpf/sub/ph/staffreport
1
CITY OF P TA UMA, CALIFORNIA
•3 j 2001
4
5 AGENDA REPORT'
6 FOR .
• • 7 PINNACLE HEIGHTS'SUBDIVISION .
8
9 •
10 1. 'EXECUTIVE SUMMARY:
11
12 :Resolution approving thesEinal Map for.Pinnacle.HeightsJSubdivision:'Theproject would
13 create fourteen, single-family residential lots as well as three new 'private streets
14 designated as Pinnacle Drive, Treehaven,Lane and Tilden Lane. 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 the D Street project frontage
19 as well as on neighboring lands of Pauline Maxwell thereby connecting D Street to the
20 future Pretno Subdivision. A,four-foot wide,separated asphalt pedestrian 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
33 project entrance along D Street separated from and.parallel to the pedestrian path.
25 The project-tentative map was originally conditioned tot,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,appiicant 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 save approximately $20',000 -4$25,000 by,not increasing the
32 pipe size.
33
34 Parcel's A and,B as shown onuthe;attached.overall site map,'ill be dedicated-in-fee-to the
35 City of Petaluma. Kelly Creek' Corridor is contained within the boundaries .of the
36 ,dedicated parcels..
37
38 Construction for•the project is scheduled4o commence immediately upon final map and
39 subdivision-grading approval with.;an unknown completion dater .No grading will be
40 allowed to occur between October 1 Si and April 15th.
41
42 2. BACKGROUND:
43
44 Pinnacle Heights Subdivision is a proposed 'fourteen-tot subdivision located on a 19.76-
45 acre parcel adjacent to Stoneridge Subdivision to the southeast and the D Street
Extension to the northwest. The estimated cost of public improvements for the
.7- subdivision is $325,313. The developer, 'is responsible: for all costs of public
•
improvements and, once completed and accepted by the City, the improvements will be
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 project is 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
10 subdivision grading approval with an unknown completion date. Additionally, grading
I 1 and drainage for the project has been designed to best conform,,to the natural site .
1'2 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
16 reduction of sediment laden'storm water runoff from leaving the site and entering the
17 sform drain system or Kelly Creek.
18 .
19 A preconstruction;meeting for the project_shall be required prior to the commencement of
20 gradin •.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
22 approved erosion and-sediment control plan. All erosion and sediment control mitigation
23 measures•as shown on the approved erosion and sediment control plan will be installed
'4 prior to•any grading or land disturbing activities. No grading will occur during inclement.
weather conditions and all erosion and sediment control measures'will be maintained as,
26 needed and after each storm eventto insure proper function,
27 •
28 The !Sonoma County Water Agency has reviewed the downstream segment of Kelly
29 Creek from the project boundary tMSunnyslope 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:handlinga 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:etilverts 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 that the resident's concerns have been resolved. Both culverts will
41 be publicly maintained.
42
43- 3. ALTERNATIVES: .
44
45 Delay approval of the,Final Map. .
46
.'7 4. FINANCIAL IMPACTS:
i
3 '
4 The developer has posted bonds and agreements to complete:the public -improvements,
5 estimated to be $325,313. 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 other than inspection services by City personnel: This inspection
9 cost is covered by the:Engineering fees already collected,withtthe project application (3%
10 of the estimated $325,313 =$9,759.39•paid to the City-forinspection and design review).
11.
12 5. CONCLUSION: •
13
14 The developer has met all the requirements of 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.
1.7
18 6. OUTCOMES':OR PERFORMANCE 1VIEASUREMENTSTHAT WILL IDENTIFY SUCCESSOR
19 COMPLETION:
20 •
21 Not applicable.
22
23 7. RECOMMENDATION:
411.5' Approval of the Pinnacie:Heights Siibdivision.Final Map is'recominended.
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36 •
37 •
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41 •
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43 Xc: File
44 Dick Dowd, Pinnacle.Homes, 131 Stony Circle, Santa=Rosa, CA 95401.
45 Steve Buckley, Project Coordinator, 501 E. .Washington Street,'Petaluma, CA 94952.
46 Bonnie Diefendorf, Carlenzoli & Associates,365A Tesconi Circle, CA 95401.
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„; DRAE.T.RESOLUTION
4
5
6
7 APPROVE FINAL MAP
8 FOR PINNACL E 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 HeightsiSubdivision 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 bylaw have been endorsed on Said map; and,
16
17 WHEREAS, this Council finds:that.the' final map conforms::to the requirements of this City's
18 Subdivision Ordinance and is consistent with; and conforms to thegeneral plan for the area; and,
•
00 WHEREAS, this Council finds the final map;is in substantial compliance with the tentative map
21 previously approved for the subdivision by.Resolution No. 96-125'N.C.S., the findings of which
22 are hereby incorporated by this-reference as if fully set'forth,herein.
73
24 NOW, THEREFORE, BE IT'RESOLVED;
25
26 1. 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 by reference, shall be carried out; and,
29
'0)
)1 2. That upon execution of the Subdivision Public Improvements Agreement in the form a
'2 approved by the City Attorney;and the furnishing of the required improvement security
3 and insurance, approved as to form by the City Attorney and as to sufficiency bythe City
4 Manager, the City Clerk is hereby authorized and directed to sign the certifieate.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 shall thereupon cause said final maps to be
7 recorded in the Office of the Sonoma County Recorder.
8
9
10
11 Eng/dpf/sub/ph/fmreso
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Resolution' No. 96-121 NCS.
of the City Of Petaluma, .California
1
1 2 APPROVAL OF A MITIGATED NEGATIVE DECLARATION THE
.1) 3 MAXWELL DEVELOPMENT, AP Na. 019-120-045 & 046
4
5 WHEREAS,,an Initial Study was prepared and the results of the study indicate that the
6 proposed Maxwell Development; as'mitigated, will not causo, any significant adverse
7 environmental^impacts;.and
S.
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 impacts and all
11 written and verbal communications regarding the matter, prior to making their
12 recommendations-for the project; and
13
14 WHEREAS, by action taken on March,26, 1996, the'Planning Commission-considered
15 and forwarded a recommendation to the City Council to approve a Mitigated Negative
16 Declaration for the,Maxwell Planned Unit Development:proposed by Charles,and.Pauline
17 Maxwell pursuant to the California Environmental Qtrnhty Act and local guidelines; and
18
19 WHEREAS,•all reports and communications to:the Planning Commission were forwarded
20 to the City Council; and
21
22 WHEREAS: City Council held,a;public hearing on this project:on May 6, 1996, and
23 considered all written and verbal communications concerning potential environmental
24 impacts resulting'from the project before rendering its decision;
25
) 26 NOW, 'THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby
lip 27 approves the Mitigated Negative Declaration subject to the following findings and
28 mitigation measures:
29 _
30. Mitigated'Neeative.Declaration Findings:
31
32 1. A Final Environmental,Impact,Report (FEW) was.prepared and certified by the
33 City Council, in conjunction 'with,the annexation of this property. The FEW
34 adequately addresses;environmental!effects of the project. However, this project
35 for the development of fourteen, single-family lots introduces new :information
36 regarding,,the project's :potential environmental impacts. Therefore,, pursuant to
37 Section 15162 of the CEQA Guidelines, the City"Council finds that the'FEW is
38 adequate, but that the Initial Study prepared for the; project"is adequate for
39 identifying and ,establishing' additional mitigation measures to address the new
40 project specific impacts.
41
42 2: An Initial Study has been prepared and!proper,notice provided in accordance with
43 CEQA and?local-environmental guidelines.
44
45 3. Based upon the Initial Study' and comments received, potential environmental
47 impacts be grading, as well as impacts on plant ,life; views, aesthetics and _
46 impacts due:
49 evidence that avoided or reduced to fa level of insignificance by requiring the
48 !following mitigation measures as conditions of approval There is no substantial
t the project, as mitigated, will have a :Significant effect on the
50 ,environment.
• 51 ••
Reso: 96-121 NCS: . ,Pape 1 of15
Res Na ,1 N.C.S:
1 4. A monitoring program has been included with the mitigations, where applicable, to
2 ensure compliance:with the adopted:mitigation measures.
3 •
4 5. An Initial Study has been conducted by this-lead agency, which has evaluated the
5 potential ',fat this project to cause an adverse effect -- 'either individually of
6 cumulatively on wildlife resources..'For this purpose, wildlife,is defined"as "all
7 wild animals, buds, plants, ,fish, amphibians, and related ecological communities,.
s including the habitat upon which the wildlife depends for its'continued viability:
9 ,(Section 711 2, Fish and Game Code): The,project does not have potential to
10 Y
adversel affect wildlife resources as defined, in the Fish and Game code, either
11 individually or 'cumulatively because the necessary improvements' within.Kelly
12 Creek„as.mitigated, will not have the potential to cause significant adverse effects
13 con-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 Shalibe.subject to review and approvaIby the city-
22 of Petaluma prior to_issuiance'of a grading permit.
23
24 (2) Final ro ect'improvement arid grading:plans shall be,prepared by registered civil
( ) P J
25 engineer with assistance from'a;qualified geotecluiical professional. The plans±shall
l 26 be'prepared,in compliance withtthe City.of Petaluma's Subdivision Ordinance 'and
27 ,Grading and Erosion iControf 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.thefreview and approval of:th'e City of Petaluma
31.
32 (3) Construction of cuts and fills.shall be completed with strict adherence to: spedific
33 geotechnical :recommendations, ;including,proper engineering..design, and''on-site
34 uispection(seeabove).
35
'36 (4) All :grading and erosion control shall conform to the City of Petaluma Erosion
37 Control'Ordinance 17.31.
38
39 (5) For work conducted within the Kelly Creek corridor, proof of,authorization from
40 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 pertaining 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 3:1 shall no't: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 shallnot
52 exceed 42". - Excluding grading approved required for project/Final Map
Reso. 96-121 NOS Page 2'of 15
2
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1 infrastructure (i:e.,roads/driveways, storm dramage; all• the
. -2 individual lots for houseradd/pf building development; shall be restricted until such
3 time asxforinaT grading and building plan/permit is approved byth; City for each
4 individual mdMdual lot Proposed fill areas at lime:of individual/private;lot development
5 shall not exceed -5'; cut areas !exceeding 5' shall be restricted to the 'immediate
6 footprint'olanyproposed•structtre.
7
8 (7) All lots shall be subject to administrative SPARC,approv;a1 of grading plans, for
9 review of compliance with the ;SPARC: adopted PUP2Dev,elopn:Ient 'Guidelines.
10 Plans submitted for approval of building, permiti. shall include detailed grading
11 plans in conformanceWith.theSPARCapprtived plans and project conditions
12
13 Monitoring:
14
15 (1) All grading and erosion control work:approVed;by the City must comply;with the
16 City's Erosioit,ContioliOrdinance 11.311. All grading and erosion control measures
17 shall be reflected on theinprovementiplans prior to recordation of the Final Map
18 Verification for the implementation- of erosion,control measures required by the
19 City shall be performed by the-projethcontractOr to thel,satisfaction of the City's
20 Inspectors.
21
22 (2) All public and/or private improvements shall be subject tOjinspection by City staff
23 foEidompliance-with the approved Improvement Plans, prior to City acceptance.
24 (3) The deVelopment,of homes on thenniiividtial lots shall be subject to the grading
25 provisions included in the Development Guidelines as approved by the City,
26 subjectito administrative SPARC review and approval. ,A11;:private.lot construction,
1111) 27 shalt be,subject,to staff'.irispectiOn for compliance with the; approved plans and
28 project mitigationsioonditions;priorto issuance of a Certificate of Occupanoy.
29
30 2. Air. '
31
32 Nfitigatioris:
33
34 (1) Watering of the site to reduce airborne dust levels shall be linplemented-if dust
35 generated during theltadingcprOCesS threaterfa,to traYelieff site in following wind
36 current . Additionally„haul trucks, if any,;needed:twitansport soil on or off site
37 shall be covered with tarpstoTreclucer dust el/fissions:
38
39 (2) All'motor powered vehicles and equipment shall be properly equipped to reduce
40 enusaions:
41
42 Monitoring: •
43 •
44 The applieantishallbeeresponsible for;insurinathat proper measures including watering„ as
45 necessary during construction, to prevent dust ethisSibiis are implithented. This
46 responsibility shall include, holidays and weekend periods when work may not be in
47 progreas. ProViSibni.to'ensure arnquality as5specified in Ilie,"condition Shall be enforceable
48 by the City. .
49 •
50 3. Water
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1) 51 •
52
Reso. 96-121 NCS Page 3 of 15
.3
1 Mitigations:
2 •3 (1) This development shall'be subject to the City's storm:drainage.impact fees to,cover
4 the incremental'impactfmcrease it,will have on the Citys storm drainage system_ A
5 proportionate share shall be.collected by the City prior to issuance'of a'Certificate
6 of.Occupancy for each home:
7 •
8 (2) No lot-to-lots drainage shall ll.be allowed. 'Surface runoff shall be addressed within
9 each individual lot then conveyed to an appropriate storm drain ,system Open
10 ,graded Stales areinot,;recommended in hillside subdivisions. In.order to minimize
11 erosion, surface drainage concrete 'swales with inlets to a pipe system shall be
12 utilized.
13
14 Provide public storm drain systems within public rights-of-way to all extent
15 possible. Privately maintained storm drain systems shall have a mechanism to
16 . insure long term maintenance (Le CC&Rs, Agreement). The hydraulic capacity of
17 the down stream•storm drain;system (Kelly Creek from this project to_the;.limit:of
18 detailed study shown on the;f.LR:M: documents) `shall be determined 'by the
19 applicant's project engineer to be adequate to handle the additional run-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 constructed by the project,applicant to address the added capacity
23 needs.to,the:City Engineer'a 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 Space Easement Alternately, the Kelly Creek Open 'Space
27 corridor may;beHdedicated to the City and maintained (hydraulic capacity) through
28 the formation of aLandscape'Assessment'District (LAD). ' "
29
30 (3) The Lots'created within Phase 2, shall be provided with a,privately maintained
31 storm drain system, where drainage Within 'a public right-of-way is not feasible.
32 The privately maintained storm drain system shall be manitained by the .
34 homeown r in t who shall maintain an annual budget for maintenance of said system
33 homeowners who sh
R's
35 •
36 (4) Provide an'energy dissipater_t e roc k, grouted rip-rap at any storm,drainioutfall(s),
37 in Kelly Creek,from the projects storm'drain system, subject to staff:reviewand
38 approval.
39
40 (5) Prior to construction, the applicant shall obtain coverage under the State of
41. California General National Pollutant Discharge Elimination System (NPDES) ,
42 Permit for Construction Activities (General-Permit) and develop andimplement-a
43 Storm Water Pollution Prevention Plan (SWPPP), subject to review and approval
44 bythe 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 where the,storm;drain pipe crosses Noel Drive,
48
49' (7) 'All grading activity shall be completed prior to the onset of the rainy season: All
50 new'drainage'facilities;shall be in place and in operation at that.time. .Grading and
• 5 51 excavation activities shall'not be permitted during the rainy season: Extensions.for
•
' 52 grading and drainage facilities work may'be allowed in consultation with the
Reso. 96-121 NCS Page r4 of 15
4
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•
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1 Petaluma City Engineer, haled On',the sensitivity, of the ,specific project area to
2 erosion, sedimentation; and the deffectiveness of temporary (rainy season) erosion
.
) 3 measures to be implemented bythe?applibant.
4
5 (8) A _Stream Bed Alteration-Agreement ,pursuant to Fish and Game,Code Section
6 1603!maybe required;for work conducted withm-Kelly Creek,as determined by the
7 Department of Fish and Game. Any permit required shall be obtained prior to
8 commencement of grading"work
9
10 (9) Plans submitted at time of application for Final Map approval shall include
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 prohibit thedeposit,ofhazardous materialsintothe<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 necessary improvement
19 drawings for the Final Map; subject to staff review,and approval. All grading shall
20 be performed by'the project"contractor to the'satisfaction of the City's Inspector.
21 All,grading;and erosion.controlFwork-approved by the City must comply with the
22 City's Erosion Control Ordinance 17.31: Verification for the implementation of
23 `erosion control'measures:required'by the City 7shall be performed by the project
24 contractor to the satisfactionbf the City's Inspector.
25
A� 26 (2) A storm drainage impact fee;shall be calculated by the City prior;to Final Map
27 recordation. .A proportionate share shall be collected:by the City prior to•issuance
28 of a Certificate of Occupancy..
29
30 (3) The applicant/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 issuanceofa grading permit
33
34 4. Plant Life •
35
36 Mitigations:
37
38 (1) The landscape plan including'all public,and private landscaping proposed :ancCor
39 required shall be submitted for "review'and approval thy the City's, Site Plan and
40 Architectural,Review Committee (SPARC), in conjunction with SPARC's review
41 of the PUD Development Plan and Tentative Map:
42 •
43 A creek corridor habitat restoration -(revegetation plan) 'shall be prepared to
44 revegetate the Kelly Creek Open Space corridor/easement. Said plan shall be
45 reviewed and;approved by SPARC prior to Final.Map.approval. The SPARC
46 approved public/private planting Tian and the creek corridor (habitat restoration)
47 plantings,;and visual mitigation,trees shall,beinstalled, subject+to City staffs review
48 and approval prior to initial"City acceptance of the project's'public and private
49 improvements per ;phase, unless additio nal time is authorized by the Planning
50 Director due to unforeseen time delays. Upon,completion of°proposed/required
• ) 51 landscaping improvements, the project landscape architect shall"'certify to the City
•
Reso. 96-121 'NOS Pg. 5 of 15
5
1 in writing that all public and,private.landscaping and irrigation has been installed
2 per the approved landscaping plan. •
3
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/owner's expense prior to the:,occupancy of the'subdivision:
7 Said monitoring contract shall seek to achieve,an 80% survival rate of the..plant
8 material installed within the:creek corridor. They contract-may be expanded;at the
9 applicant's expense as determined necessary by the Planning,Director to insure the
10 survival rateisachieved.
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
14 staff "review and approval prior- to Final Map recordation; provisions, for
15 maintenance shall include, but not be United to 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 and maintained (hydraulic capacity=hand
24 vegetation) through the formation of,a Landscape Assessment District. (LAD).
25 (Refer to mitigatidn`3.C.(2).)
i 26 •
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 certified arborist shall be submitted priorAo,SPARC
34 review of the PUJD Development Plan and Tentative Map. Said report, shall'
35 identify all trees affected by proposed construction activities including grading,
36 road/bridgesconstruction, utility extensions, creek channel improvements, etc and
37 shall provide recommendations to avoid,or substantially reduce adverse impacts to
38 trees determined by the arborist to besignificant:• In particular, the report shall
39 address the.potential:impacts'to the cluster of Bay trees and the Oak tree which
40 separate Lots 5 & 12 due 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 report shall be prepared by a consultant selected`by
46 the:'.City,at the applicant/owners expense: 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 ar intal:life"within the Kelly Creek Open Space corridor:)
52
Reso. 96-121 NCS Pg 6 of 15
6
.1 Monitoring:
•
2
3 (1) All of the Kelly Creek Open Space; corridor/easement :plantings, ,and visual
4 mitigation. trees—in 'addition to street trees either, proposed, and/or required
5 throughout-:the subdivision on,-public and private, lands as reflected on the
6 landscape plans,approved by SPARC, shill be installed by the applicant/developer,
7 subject:to City staffs review and approval priorto initial City acceptance' of the
8 project's public and:private improvements, unless,additional time is authorized by
9 the Plannuig Director due to unforeseen time delays, The Articles of
10
thepoorati n tC&'s andu insure the perpetual maintenance-of plantings within
rp .
p gh y him the Open,Space:Easement',including the Kelly
12 ' Creek Open Space corridor/parcel.
13 - •
14 (2) • Within each phase; all proposed/required plant !material on private property,
15 including pla itings&proposed or required withinthe open space easement, 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
1s watering, pruning, fertilizing and tree replacement, if-necessary.) In the event
19 private,lots are sold within said.three year period,+the applicant/developer shall be
20 responsible for establishing an agreement with perspective buyers (subject to
21 • approval•by the Planning Director)to ensure that regwredbtrees are maintained and
22 replaced, if necessary,.for the prescribed maintenance period remaining.
23
24 For the Kelly Creek err S' ace corridor/ arcel_reve
y Op' p � p getation, the five (5) year
25 monitoring•;plan with,resulting 80%plant and tree survival rate shall be prepared
` . 26 by a qualified.consultant selected,by staff at the applicant's'expense, subject to staff
27. review and approval prior to Final:Map recordation, and implemented'by the City
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 etc.), stock piling of soils and/or other materials:"of construction shall be restricted
37 to the immediate areas to be improved i.e streets, designated driveways and
38 building envelopesvto all extent possible The strictTboundanes of necessary site
39 disturbance through the Kelly ,Creek'Open Space corridor/,easement shall be
40 included on the grading and improvement plans, subject to staff review and
41 approval!prior to Final Iv ap approval.
42
43 (2) Flaggedstakes shall`be set at the necessary limits of constructions across'the Kelly
44 Creek Open.Space corridor/easement, subject to staff review and approval prior to
45 commencement of work.
46 .
47 (3) The developer shall inform the grading contractor and his .
48 representatives/employees of the above requirements•[Mitigations: 5:C.(1) & (2)].
49 A note to this effect shall be included on the improvement and ;grading plans,
50 subject to st__affareview.andapproval prior to Finn!Map approval.
I_ 51
W' 52 •
Reso. 96-121:NCS- Pg. 7 of 15
1 Monitoring:
2
3 (1), The project .developer and City inspection',staff shall be ;responSible,for'insuring
4 that site disturbance is_limited tothose immediate areas to`be improved as'reflected
5 on the City approved improvement plans and enforceable by the City:
6
7 6. Noise
8
9 Mitigation s: -
10
11
(1) Construction activities shall with applicable Zoning Ordinance. and
12 Municipal Code Performance Standards related to noise. Hours of construction:
13 work shall be limited''to 7.00 a:m to 5:00 p.m, Monday Friday and8:00
14 a.m. to 5:00 pin. on Saturdays: Constriction shall,be prohibited oh Smidays and
15 holidays recognized by the City of-Petaluma.
16
17 Monitoring:
18,
19 (1) The project-developer shall,be responsible for enforcing .hours of construction.
20 Construction activities may besubject 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 resolved.
24'
25 7. Light'and •
26 •
•
27. Mitigations:
28
29 (1) The PUD Development Guidelines shall include design measures-to.reduceprivate
30 light impacts`i.e. low intensity outdoor lights only (no flood lights), glow profile'
31 light standards and/or wall mounted lights, lights attached to buildings shall
provide a soft "wash" of light;against the wall, no direct glare, no pole mounte d-
33 lights in excess.6f 8-feet in height, etc, subject to SPARC 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 then taller standard City'street lights. Details.and locations
37 of any proposed street, common area, lights shall be :reflected':on the BUD
38 Development;Plan submitted for SPARC?review and approval prior to Final Map
39 recordation.. Baffles or shields shall,be required on all external light:fixtures to
40 direct light downward.
41
42 Monitoring:
43
44 (1) SPARC shall review the PUD Development Plan to ensure that the design,and
45 Iodation of'any'clights' proposed alongzthe 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 street lights''and/or exterior
50 light fixtures, subject`;to staff review.and approval prior,,to Final Map approval and
51 .issuance ofbuildrng,plans for.house construction respectively. •
Reso. 96-121 NCS Pg. 8,of'15
8 '
1, 1
2 8. Land Use
• 3
4 Mitigations:
5
6 (1) See Mitigation #4 C. which addresses;Kelly Creek Open Space corridor habitat
7 restoration and maintenance.),
8
9 9. Natural`Resources •
10
11 Mitigations:None required..
12
13 10. Risk of
14
15 Ivfitigations: None required.
16
17 11.. ;Population •
18
19 Mitigations: None required..
20
21 12. Housing
22
23 Mitigations: None required.
24
25 .13. Transportation/Circulation,
= aii26
27 Mitigations:
28
29 (1) City standard;curb,gutter•.•and sidewalk,shall be,installed on "D" Street from.the
30 northerly property corner to the intersection with Noel Drive. An interim 4 foot
31 asphalt pedestrian path.,shall be provided along "D";;Street connecting this project
32 to the existing sidewalk northerl000± feet of the"project: The area required to
33 provide,an interim 4: fobtkasphalt pedestrian path on"D" Street shall result in a
34 cross-section.area^of a minimum 12 foot travel lane, in each direction, 6 foot.bike
35 lane along the easterly side, and the 4 foot asphalt;pedestrian path separated.by an
36 asphalt dike. Details and alignment of this connection shall be reflected on the
37 improvement.plans andtchall be reviewed anct,approved by•;the City Engineer prior
38 to the approval ofthe FinaltMdp
39
40 (2) The Articles of Incorporation/CC&R's shall include provisions for private
41 maintenance of all private roads and/or shared,private driveways, subject to the
42 City'Attomey's review and approval.ptior':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 Fees
46 handout.
47
48 (4) Sidewalks Shalt be located on the house side ofthe.private roadway in the area of
49 Lots T; 2&-3:.
50
51
Reso. 96-121 NCS Pg. 9 of 15
9..
. n.
2 Morutong:
11
4 (1) A Traffic Impact Mitigation fee shall be collected for each home prior to issuance
5 of a Certificate of Ocetpancy.
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 Fin: al
9 Map recordation, and Metalled prior to acceptance of all publibimprovenients.
10
11 (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 provisions are included for
13 priitat e maintenance of all private roads and/or shared:private driVeWays prior"to
14 Final Map recordation.
15
16 14. Public Service
17
18 Nfitigations:
19
20 (1) The developer shall be subject to pay City development fees as established in the
21 current,SpecialDevelopment Fees handout. Fees include: seWer connection, water
22 connection, community facilities deyelopment, storm drainage impact, ,parks and
23 recreation land improvements, School facilities, traffic mitigation, and in-lieu for
24 provision of low incorne housing.
25
.
26 (2) 'Mirumum fire:flow-,required for the,subdivision shall not be less than 1500 GPM
' 27 per hydrant at 20 pounds residual pressure. •
28
29 (3) No roadway grade shall exceed 12 percent (15 percent inaximurnwith 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 •Einergency Vehicle Access I(EVA).
33
34 To maintain a maximum„gradient of,15%, the driveway/EVA-serving:Lots 1; and
35 14 may be relocated to extend fiorittheterrninuatof Marinathalane,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 driveway realignment.
40
41 Monitoring:
42
43 (1) Special Development Fees,shall be collected as prescribed in the City's Special
44 DeveloPment Fees handout.
45
46 (2) The appropriate locations for'fire hydrants and calculations for adequate fife flows
47 shall be included on/with the subdivision'improvement plans, subject to the Fire
48 Marshal and.CityEngineer's review and approval prior to Final Map approyal,and
49 constructed accordingly prior to City sc,ceptance of all applicable, stbdiVision
501 iniprovements.
) 5
fteso: 9I6-4i NCS Pg.10 of 15
10
•
•
1 (3) The ,adequaCY, of proposed road and driveway imprOyements/easethents for
2 emergency vehide accesS shall be included on the subdivision improvement plans
3 and/or Final Map, subject to the Fire Marshal and City Engineer's review and
4 approvalfprior to Final Map'approval and constructed prior to City acceptance of
5 allapplicable'subdiviSion improvements':
6
7 13 Energy
8
9 Mitigations: None required.
10
11 16, ' Utilities
12
13 /s/fitigations:
14
15 (I) 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 the City'SSpecialteVelopment Fees handout.
18
19 Monitoring:
20 •
21 (1) Sewer, and water connection fees,,and,storm drainage impact fees will be collected •
22 for each individual home•prior to issuance of a Certificate of,Gccupancy.
23
24 17. Humanllealth
25
26 Mitieations: None required.
) 27
W 28 18. Aesthetics
29
30 /%,,fitigations:
31
32 (I) The Development Guidelines shall be amended to include the following provisions
33 prior to SPARC review of the PUD DevelOpment Plan,and Tentative Map:
34
35 a. Under 1. "Statement of Intent" - Incorporate notification that
36 Individual lot'house development is abbject to the City of
37 Petaluma's. Administrative, Site Plan and Architectural Review
38 (SPARC) review process prior1 to issuance of(a. building permit
39 pursuant to the provisions incorporated in these Development
40 'Standards and including; for assessment Of the sensitivity of the
41 individual lot development,propolala, -particularly as they relate to
42 the following:' I) preservation drvisible open space !including
43 hillsides and ridgelineS, including conformance with the intent of the
44 designated open space,easements and non7developinent.eagernents;
45 2) responsiveness to potential privacy issues, 3) minimization of
46 drainage and grading impacts, particularly as they relate to downhill
47 development and public views, and 4) avoidance of potential
48 grading and irrigation impacts to existing trees and/or trees required
,
49 with this PUD Development Plan Additional lot-specific analysis
50 ' may be conducted and/or:More restrictive grading; height, floor
51 area, lot coverage, exterior design; landscaping or other standards
1.52 May'beimposect.throughlhe SPIARCproceas,a.s necessary to ensure
Reso. 96-1-21 NCS Pg. 11 of 15
I ,appropriate,architectural and site sign for the._individual <setting
under consideration.
3.
•
4 b. Under 4. B. Maximum Building Height: First
5 $ gh, paragraph, shall, be
reworded as follows - Maximum ,permitted building height
6 [existing/natural grade to,roof ridge(s)] for residence;,shall
7 $e( )] primary
be limited to 25-feet; height may be measured from"existm natural
8 grade as,reflected.on the.Final Map t.."
9 - p improvement drawings,to the.
mid-point of the roof for innovative,designs which,c`an be Shown to
10 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 mini mise the exposed
13 foundation conditions• this shall not preclude;houses,with increased
15 floor area by digging/"keying" said house footprint, into cin the
hillside: The maximum height [existing/natual grade to roof
16 ridge(s)] for an accessory r gr structure shall ,be 1,5 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 p ara a h shall+be.
24 reworded as follows- Accessory structures-shall be co structed of
25 the same and/or complementary materials as the main' residence
( 26 except for agricultural`structures.
) .27 •
28 e. Under 4. E. Architectural Standard's: The following,shall be added
29 as the first paragraph - All lots proposed for new :home
30 construction shall be subject to administrative SPARC 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 limited.
35
366 g. Under 4.Ei,Architectura'+Standards - Add the following:
38 - The dominance of garages on new homes shall be reduced eby
39 recessing garages, behind the lane of the the
40 detaching the garages from the home; g space or b y
41
42 - Encourage usable porches on new houses,
43
44 - Homes_built on Lots 1, 2,3, 4, 7&.8 shall-present a,front elevation
45 and be oriented;to-"D" Street;
46 .
47 - T=111;siding,shall be prohibited in alnew construction.
48
49 All building elevations shall be given the<same level
treatment of architectural.
50 mnt and•shall utilize:the same building materials;
51
52 -
52 New homes shall be of a design similar Tin nature to the traditional ,
style of homes.on "D" Street.
Reso.: 96-121 NCS . Pg. 12 of 15
12
1
(' 2 h Under 4 E Land:Sr-aping - ThefolloWinglparagraplishaltbe added
110. 3
- The applicant/developer shall- submit a landscape plan in
4
conjunction with building plans: at time of application for
5 adniinistratiVe SPARC review to ensure proper size of'plantings
6 (i.e. 15 gal or 24", box tree:sizesi etc.), plant 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 the planting of private yards (front, side, rear) which
10 have greater value to nesting birds and lother wildlife to the
11 maximum extent feasible without compromising the need. for
12 providing attractive, useful outdoor space for humans;
13 Applicants/developers are required to landscape the areas between
14 their :residences and the pUblic/privale street frontage prior to
15 issuance of a tertifitate of Occupancy.
16
17 i. Under 4. a,Setbacks-- If the ploposed;driveway serving Lots 13 &
18 14 is realigned in:drclefto'not exdeed,a 15% gradient, the setbacks
19 on effected properties shall be revised
20
21 j. Under 4.Q; Setbacks,- Modify front/sheet setback to 20'; 15' for
22 Lot 5.
23
24 k Under'4.C.,tFericeS ,,Add the use of single strand wire fencing as an
25 acceptable:fence:tYpe.
26
•. 27 (2) Visual mitigation trees (proposed/approved by.SPARC) to be installed-With. the
28 subdivision'shall be a mifumum 24" box size and installed prior to acceptance of
29 public and/or priate improvements, unless 'additional time is granted by the
30 Planning Director due:to:unforeseen time delays.
31
32 (3) All components of the PUD Development Plan, pursuant to all applicable
33 mitigations.imposed:herein, shall be subject tOteVieW and approval by SPARC to
34 insure that the project's overall design is harmonious with the surrounding natural
35 hillsides, Kelly Creek, and neigliborifiglmproyements, prior to Final Map approval
36
37 (4) The CC&R's shall include 'a provision that 'prohibits the removal of existing,
38 proposed and required tree plantings included on the PUD 'Landscaping and
39 Fencing Plan as approved by SPARC, and any subsequent',plantings'required by
40 the Planning Director due to necessanrfree removal for conStructiOn. Exceptions
41 shall be allowed in cases Where:the trees,create a safety 1i27:ardl as determined by
42 the Planning Director.
43
44 (5) SPARC shall review the design of the bridge over Kelly Creek with special
45 attention to pedestrian elements:and,scale.
46
47 (6) The project landscape plan, creek restoration plan, and visual mitigatioiLiplanting
48 plan shall be designed to create a natural pattern.
49 •
50 (7) The project Design Ouidelihes,shall encouragegingle-story, low profile homes.
51
to 52
Reso. 96-121 NC S Pg 13 of 15
13
H .
4 -Monitoring:
5,
6 (1) All proposed and or required mitigations/modifications ts the PUD Development
7 Planand`Fitial Map, including but not hunted to the PUD Develiipident Plan (site
8 plan);the Development Guidelines and the PUD Landscaping and Fencing Plan as
10 9 required by the City Council and/or SPARC shall be Made, subject to:staff review •
and apprdVal,priorto 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 SPA.RC), through
14 adininistrative SPARC review and approval prior to issuance of a building perniit.
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 IvEtigations:
25
2276 (1) The developer shall be required to contribute a park and recreation land
improvement fee' as established in the City's current Special DeVelopment Fee
. handotit.
29
30 MonitoLing:
31
•
32 (1) A park and recreation land improvement fee shall be collected prior to issuance i of
33 a building permit for each house
34
35 20. Archaeological/Flistorical
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
31
Resd. 96-.121 NCS Pg: 14 of 15
14
. ,
cc 2
1.
•' .3 Monitoring:
• •
4 •
5 (1) The City inspectors and project contractor' shall monitor for
6 archaeologicalThistoricalartifacts.dwinaall phases of-Construction.
7
8
9 MANWAD/13826/viord6
• •
•
•
•
•
•
•
•
Urader,the toossibi ind4uthorityicozitemacl,upou this Counciftry!the Charter ofisitid City.
REFERENCE: . I:hereby certify the foregoing Resolution was antrociateed tirtd.adopted by the roved as to
Council of the City of.Pettlat'a (Regular) CgdiCtithattpc0fialia4'meeting
on the fitbt. clay of - by the
-
following'vote:
"City.Attorney
AYES: Maguire, St'ompe, Read, Shea, Vice.Mayor Parlas, 11,layor Hilligciss
a •NoEs: None
„SENT: H milt
A It'EST. ....a dr - 7.0
ly Clerk V
Ivlayor
cotto:a
CA 10.85 Rea.Na.. 4! N '
1 C S. Pg 15 of 15
Resolution No. 96-124 N.C.S.
f. t
of the City of Petaluma, California
2
3 APPROVAL OFTHE PLANNED-UNIT DISTRICT DEVELOPMENT PLAN
4 FOR THE MAXWELL RESIDENTIAL PROJECT LOCATED:ON A 19;6± ACRE
5 PARCEL.ON THE,EAST SIDE°OF "D" STREET AT WINDSOR DRIVE;
6 AP No: 019=120 2045 & 046
7
8 WHEREAS, the project site has been rezoned-to Planned Unit District by'Ordinance No
9 201-3, `N(C.S.;and
10
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 preparation of an'Initial Study
18 which indicates that the proposed project, ias mitigated- through the adoption of a
19 Mitigated Negative Declaration pursuant to Resolution. No. 9641•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
i27 approves the Planned Unit Development Plan as reflected in the Development Plain
28 including: architecture, landscaping, and written`development;standards;considered by the
29 Planning Commission on March 26, 1996, all on•file with the City of Petaluma Planning;
30 Department,,pursuant:to Section 19A-504 of Zoning Ordinance 1072 N.C:S., as amended
31 based on"the,following'findings and subject to the following conditions:
32
•
33 Findings for•Approval`of the PUD DevelopmentfPlan;
34
35 1. The,proposed-Maxwell Residential PUD Development Plan, as conditioned,.results
36 in a more-desirable use oftheland,and abetter 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 Creelecorridor at and/or near the City's-Urban Limit Line.
40 .
41 2. The establishment ofran non-development parcel to preclude further•development
42 over a portion of the site (Kelly' 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?setback lines is consistent with policies,in the General Planregarding
46 the preservation 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 Development Plan for the,proposed development;,as conditioned, presents a
50 which are a prop hate in elation to the natural hillside and improvements on �I
unified andpoprgai organized,arrangement of building envelopes, utilities, and landsca in
-2 nearby properties.
1
RcsNa 96-124 rv.cs: Oage 1 of 3
i
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 UriitDevelopmentPlan.
5
6 5• The development of the Maxwell property in; the manner proposed by the
7 'applicant; and as conditioned ey the Cityito provide vehicle and pedestrian
8 including:a publicpatfrand "sidewalk adjacent to""D" Street,,will notbe-detrimental
9 to the public'welfare-•will`be inthebeSeinterest of the City, and will be in keeping
10 with the general intent and,spirit of the General Plan of the City of Petaluma and
11 its applicability to the°SunnyiSlope.Annexation area
12
13 6. The vehicle and pedestrian circulation :pattern,.of the proposed Planned Unit
14 , Development Plan;has'been,reviewed;in the,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 carry-ingg.:capacity.
18
19 7. The proposed PUD Development Plan has complied with the requirements of
20 CEQA pursuant to Section '15162 of the CEQA Guidelines, through the
21 preparation and certification:of the`FE1R 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 the
24 potential environmental:impacts associated with its development, and no further
25 environmental analysis,,is necessary,
26
0' 27 Conditions for the PUD DevelopmentPlan:
28
29 1. All requirements from,the City;;Planning Department-;shall be complied with,
30 including: •
31
32 a. All mitigation and monitoring measures; of the Mitigated, Negative
33 Declaration (Resolution No 96-121 N'C.S.)'adopted for this project,shall
34 be enforced, as applicable, with all oflthe.-PUD Development
35 ,Plan,'including but not limited to, the PUD Development Plan:(site_plan),
36 the PUD Landscaping,and'`FencingPlan, and;the Development Guidelines.
37 b: All conditions of they Tentative Subdivision _`Map (Resolution
38 • No 96_175N:G:S.) adopted for this project, shall be enforced, as
39 applicable, with all components of the:PUD Development Plan,
40 but not limited, to, the PUD Development Plan (site plan), the PUD
41 Landscaping and,Fencing Plan, and the DevelopmentGuidelines.
42 c. All aspects of the PUD Developinent Plan, including but notliinited to,the
43 ,PUD Development Plan (site plan), the PUD ;Landscaping and Fencing
44 Plan, and the Development Guidelines shall be=reviewed and approved by
45 SPARC,_and amended accordin pp
46 prior,to;Final Map approval. �y' subject, to staff review and approval
47 d. A•full scale reproducible copy of the PUD DevelopmentPlan, Landscaping
48 and Fencing Plan and a final copy of the Development Guidelines as
49 approved by SPARC shall be submitted to the Planning Department,
50 subject to staff review and approval prior tor Final Map approval.• 51 e. Development of all public±andprivate improvements for Phases 1 and 2 of
• 2 this PUD Development plan, 'including but not limited to, the PUD
2 Page 2 of 3
. . ,
Ir 1 Deyelopment Plam(siteplan), the PUDIandscaPing,and Fendirigylan, and
2 the DeVelopment Guidelines must comply with all applicable nlitigation and
3 morlitonti. g:measures 3 of the Mitigated NegatiVe! Declaration ;(Rbsolution
4 No i96121'...N.G.18.), and all applicable conditions of the PUD
5 Development Plan and Tentative Subdivision Map
6 I Development of the,residential lots within Phases 1 and 2 of this PUD
7 Development :Plan shall comply With all provisions of the Development
8 • !Guidelines on file with the City of Petaluma', subject to staff review and
'9 approval.
10 g.. The applicants/developers shill defend, indemnify; and hold;harmless the
11 City or any of its boards; commission, agents, 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 Claim or action is brought Within the
15 time period provided for in State and/or local Thekeity
16 shal1promptlytiotify:the!apPlicants/developers of any such claim; action, or •
17 plocteding.„The,City shall coordinate in the defense. Nothing-contained in
18 this condition shall prohibit the City from participating in edefenSe,of
19 claim, action, or proceeding if the City bears its own• attorneys fees and
20 costs, andthe City defendsthe action-in.good faith
21
22 2. All requirements from the City Building DiviSion shall be complied With,,in-chiding:
23
24 a. Grading plans must be certified when completed to indicate compliance
25 • with approved plans and will be required for occupancy.
26 b. Certify finish floor elevation before occupancy.
c. Any holding tank required for elevations above 160 !feet .4.must meet
28 Engineering Department design requirements
29 d. Where ground slopes greater than Lon 10, foundations shall be stepped per
30 Uniform Building Code 2907(c)
-
31 0. Soils with expansion uidex greater than 20 requires"- special design
32 foundation per Unifartn-Bnildin&Code!2904(b).
33 f All-roofing-,shall'be "B" rated of better per Ordinance No 1744/1988.
34 g. Driveway gradient shall comply with ordinance No 1533/1982.
35 h Responsible party to Sigh,plans.
36 Submit soils report to verify foundmion deSign.
37 j _Plans must show compliance to 1994 UBC, UPC,.UMC, and 1993 •
38 Plans must also show compliance to current Title 24 Energy Code.
39 k.. ProvidestructurarcalbillatiOns for all non-conventional deSignitenis.
40
41 'MAXPUp/hg24/word6
42
Under the'poWer arid:antlibrity conferred,unary:dais Council by the Charter,otsidd City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of'Petainma:al a (Fteguler) fritatitrxtuda()Waiial) meeting ,i.frillsa
•on the 20th day of May 19.:9S., by the
knowing vote: .
City Attortiel,"
AYES: Maguire, Hamilton, Stomper Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
•
ir'S: None
A. •
ABSENT: No - -
AiiST -ega-242-I - - I/
/ •
City Clerk Mayor
council File:.
CA W.85 Res.Nc957124 . :NCS Page 3 of 3
ResOlutiOn Na 96-125 N:CS.
,
of the City of Detaluma., Caltfothia ,
1
1 2
3
5 APPROVAL.OF,A TENTATIVE,SUBDIVISION MAPPOR THE MAXWELL
6 RESIDENTIAL PROJECT LOCATED ON THE EAST,SIDEVF "D" STREETAT
7 WINDSOR DRIVE;AP No..61SL1404:45 &.046
8
9
10 WHEREAS, Charles and Pauline Maxwell filed an application"fota Tentative Subdivision
11. Map on March20, 1995, for arsiibdiViaionicnaVit as theMalwell Subdivision; and
12
13 WHEREAS, the City Council has found that the requirements of the California
14 Environmental Quality Act have been satisfied through the preparatidiaf an Initial Study
15 which 'indicates that the proposed:,project, as .mitigated: through. the adoption of a
16 Mitigated Negative: Declaration pursuant to Resolution No 96-121 N.C.S.; will not
17 resultin significant environmentaLimpacts,, and'that no further environmental review is
18 necessary; and
19
20 WHEREAS, the Planning Commission held,duly noticed public hearings to consider the
21 project on June 13, 1995, July II, 1995,,December 12, 1995 and lastly on March 26,
22 1996; at which time the Planning Commission recommended' that the City Council
23 conditionally approved the Tentative Subdivision Map; and
24 - • ,
25 WHEREAS, the City Connell has adopted Ordinance No 2013 N.C.S. rezoning the
ei 26 Maxwell Subdivision site to planned' Unit District, :anti ;approved Resolution No
27 916-124 N.C.S. approving the,Maxwell,Planned Unit.Development Plan.
28 •
29 NOW, THEREFORE, BE IT RESOLVED, that thiS Council hereby finds as follows
30
31 Tentative Map Findings:
32
33 1. The proposed subdivision, as conditionallyrapproved,,together with provisions for
34 its desigQapchinipicovenierit, is consistent with the'General Plan as a:well-designed
35 development 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 lots-.
38
39 2. The hillside site is .physreall suitable'for the type of lower density single-family
Y .
ao residential developrnenti as conditionally .proposed, with building envelopes
41 restricted to the flatter areasiof the site and more sensitive areas regulated by open
42 "space easements and non-development easements.
43
44 3. The Tentative Subdivision Map provides reasonable public Access from rD" Street
45 on private roads (Noel Drive and Maranatha.Lane)lo the proposed lots.
46
47 4. • The proposed map, /subject to the following conditions, complies with the
48 reqUirenients:Olthi'Municipal CodeChapter 2O2O.andthë SUbdiVision Map Act.
49
50 5. The proposed:mai, has complied. with the requirements: of CEQA pursuant to
1110.)
51 Section 15162-of the CEQA Guidelines, through the preparation and Certification
Rn.N 961125 ry
C S Page 1 of 6
1 of the, FEIRk for the Sunny. Slope Annexation and the subsequent Mitigated.
2 Negative Declaration prepared and adopted (Resolution No 96-121. N C.S) by
3 the, City. Council for this project which addresses ,the ;potential &ivironnbental
•
4 impacts associated with its`development, and no further environmental analysis:is
5 necessary.
6
7 6. The design of the subdivision'and the type of in provements will notacause public
8 health problems as the improvements including sanitary'sewer, storm•,drains and
9 water systems, designed to+the satisfaction of the City Fngineer.
10
11 7: Omission: of a public sidewalk extension across the project site's .".D" Street
12 12 �frontage south o of the project's street entrance;(Noel Drive) will not jeopardize
13 15 BE'IT FURTHER RESOLVED, based,on the findings set,foith above, that,the proposed
16 ,_
� Tentative Subdivision Map submitted on September 13, 1995, is hereby
17 conditionally-approved subject to the conditions set forth and incorporated herein as
is follows:
19
20 Conditioii forth&Tentative Map:.
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 11 to the easterly boundary of_tfie Aik
1 27 subdivision in' addition to the areas proposed on the Tentative{Map. This
IP
28 easement shall allow,for.the future extension of the'Zone-III water system
29 to adjacent_properties *ithm the Urban in-it Line: The proposed 8-inch
30 water,main extending to the end of Maranattia,Lane;shall be iacreased,in
31 size to',a 124inch_ The City shall reimburse the applicant out of the capital
32 improvement program budget the cost of the increased pipe beyond that
33 needed to serve this subdivision,, upon acceptance of the public
34 improvements:
35 b. Noel Drive shall. be included with the proposed common area and be a .
36 private road. The!privately maintained roadways_structurall sections sball
37 be designed based•upon the cities Minor Residential Street,Traffic Index..
38 ' Parking shall' be restricted to comply` with 'minimumi fire access
39 requirements Provisions' to ,assure vehicles do. not park on Maranatha
40 Lane shall be!installed (i,e., signs, red curbs,„etc):
41 c. No lot-to-lotidramage'Shall be allowed. Surface runoff:shall be addressed,
42 ' within each -individual, lot, then conveyed to an approved storm drain
43 system. Open graded swales are not reco nn ended,on hillside subdivisions:
444. In order to minimize erosion, surface drainage-concrete swales with'inlets
45 to a pipe system_shall be utilied.
46 Provide public'..storm ;drainage systems within public'rights-o£way to. all
47 extent;.possible; Privately maintained.;storm drain systems shall have,-a
48 mechanism to insure long-term maintenance (i.e., CC&R's, Agreement):
49 The hydraulic capacity of the'downstream,stormadrain system(Kelly Creek
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 •
52 run-off generated by this.development and by” the.potential 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 by theProject applicant to
Ag 2 address the added capacity. needs. A public hydraulic maintenance
IP 3 .easement shall be dedicated to the City and shown on the Final-Map, to
4 allowefor:hydraulicmaintenance of Kelly Creek withm`;thiwsubdivision.
5 d. he lots created with Phase.2 shall be provided with a.(prNately mnaintained
6 storm drain ;system, where'drainage within, a public right-of-way is not
• 7 feasible. The privately maintained storm drain system shall ber maintained
8 by the homeowners:association and shall maintain an t,annu al 'budget for •
9 maintenance of said system addressed in the covenants; conditions and
10 restrictions. .
11 e. All sanitary sewer mainsservieing,niorethan one lot shall'be public. Public
12 sanitary sewers-on privateproperty,shall be within a'10 foot wide easement '
13 dedicated to the City and paved. Publicly maintained sanitary.sewers shall
14 be ductile iron where installed in a hillside with.slide;potential.
15 f The improvement,plans�shall address the potential for erosion in the area of
16 "D" Street where the stormdrain pipe Noel Drive.
17 g. City Standard curb, gutter and sidewalk shall be installed on "D" Street
18 from the northerly property corner to:the intersection with Noel Drive; An
19 interim 4 foot;asphalt pedestrian' path shall:be provided along'"D" Street
20 connecting this project to the existinksidewalk northerly 700.1 feet of the
21 project. The+area required to provide a interim 4 foot,asphalt pedestrian
22 path.on"D" Street shall result in a cross-section area of a minimum 12 foot
23 travel lane, ineach direction; 6 foot bike:lane along,;the easterly side, and
24 the 4 foet asphalt pedestrian,path;separatedbyan;asphaltdike.
25 h. . A 1-foot non-access easement shall be dedicated to the City on the Final
26 Map across the entire.project's "D" Street-frontage, except in the area of
27 Noel Drive.
• 28 is All cut and fillslopes,shall be constructed;.per thesoils investigation report
29 (by John H. Hailey dated 11/25/94) and no greater than 2 to 1 slopes.
30 Special attention shall he,given to areas of soil landslide deposits as
31, identified in the?Sunnyslope Final,EIR"dated March 17, 1989. All slopes
32 constructed in;conjunction with the roadways, shall have a slope easement
33 to allow the responsible;party'(publiciprivate) access to repair/stabilize any
34 slope damage. All retaining walls as shown on'the Tentative Map shall be
35 constructed on private property. The homeowners covenants, conditions
36 and restrictions shall:address maintenance of theslopes.
37 j. City Standard pavement markings shall be installed on "D, Street in the
38 area of the intersection and Noel Drive. "D" Street Markings.shall provide
39 a:left turn pocket into this project. Lane configuration and markings shall
40 be buttons and/or thermoplastic, and subject to the review of the City
41 Traffic Engineer.
42 k. City Standard street lights. shall be installed on the easterly side of "D"
43 Street,iacross this,project frontage, up to,K'elly Creek_.
44 1: The proposed articles of incorporation of an owner's or tenant's
45 organization legally empowered to ,own, ,maintain,and ,pay taxes on the
46 proposed lands being retained in private ownership for coinmunityuse shall
47 be submitted for City review and ,approval: This required document
48 (pursuant to 20.16220 PMC) ,shall address all publicly and privately
49 maintained facilities, structures, easements, improvements, utilities, etc.
50 m. Half street section of,Windsor Drive ishall be slurry sealed where the 12
51 inch'Water main is to be_installed A 10,foot minimum separation between
52 the new water main andexistmg utilities is:required.,
4, 53 n. Pursuant to Municipal Code Section 20'36140; all utility distribution
54 facilities shall be placed underground: All .existing overhead utility
3
Reso. 96=125 NCS Page 3 of 6
-.. '
(— 1 distribtrtion,facilities across the project's?M" Street frontage shall be placed
' . 2 underground. .
3 o. hnpri5Verrient Plans shall he prepared per City Department of_Engipeering
4 Minimum i Design Criteria, Improvement*Plan.Preparation,Qah& [Standard
5 , Details and.Specifications. Reco rd'thaWings for: -gradihg/slide repair shall
6 be provided to the City's'Engineering Department. -
7 p. The developer shall comply with all requirements of the Petaluma '
a Municipal Code ineluding bift.not liitite&to Chapter 20 SUBIDNISIONS.
9
10 2: All requirements from the City Fire Marshal's office shall be complied with,
ii 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 Eiceptidth.No sprinkler Systeth will te required in building:5,constructed
16 . . ..
above 160' elevation solong asnuniinum fire flows of 1500"gpm can be
17 achieved at standard approved pressures.
18 b. Residential buildings cOnStmeted over 3,500 sq:fl. in area are required to
19 have a residential fire system designed and installed in accordance with
20 N.F,R.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 overi3 feet deep.
23 c. In, residential buildings less [than.3,500 sq.ft. in ifloo r area, provide dire
24 suppression system at normal sotirdes of ignition. These areas are
25 specifically at cloth . titchen kstoves, furnaces, water heaters,
26 fireplaces and in attic areas at'vents and chimneys for these appliances and
i 27 equipment. In addition,,spate)sprinkiets',(one Of each typeln,the teSidenee) ak
28 and Wrench shall be provided in .a, red spare sprinkler head box in the • IP .
29 garage:
30 d. I'vfiriiiniarn fire flow required fdritliiStproject is 1,500 gallons per minute at
31 20 pounds per square inch(psi)
32 e. All required fire lanes in which no parking is allowed,'shall;be designated
33 by painting curbs red Where no curbs exist, signs apprOVed by the Fire
34 Marshal shall be installed.
35 f' NO -roadway grade shall exceed 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-vehiole abbeSS (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 keflectorized numbers‘are acceptable. Location arid desito be:approved
43 by.the FireMarshal's office.
44. i. All roofing- 'material: Shall, be rated Class NB" or better, treated in
45 accordance with the-Uniform Building Code Standard.32.7 ;arid City of
46 Petaluma Ordinance 1744.
47 j. All roofing material applied as exterior wall covering chill have a fire rating
48 of Class "B"'or better treated in'accordance with Uniform Building Code
49 Standard 32.7'and City ofPetaluma Ordinance 1744.
.
50 k . Provisions:for.Annual Weed/Brush Abatement,of the urban interface and
51 the developed area shall be the responsibility of the Homeowner's.
. ._ __. .
) 52 Associatibn or other,thaintenanbe Mechanism. A. plan. that .outhnes the
•
53 criteria for provisions Weed 'abatement shall be developed. This:plan
4
Reso. 96-125 NCS Page 4 of 6
1 %ball be,approved by theiFire Marshal's Office prior to approval of Final
alk- 2 - , Map of the project This plan „shall include conditions for fire safe
OPP 3 lan dscaping, fir'e brealca and shall be in "acCbrclaribe with 'Tire Safe
4 ,Standaida"'developed by the State of California..
5 ,
6 3. All requirements OfPG&E shill be COMplied With, including
7
8 a. . • Gas and electritservice;to this development,willthe provided in accordance
- - , ...
9 wittithe,aprilicable,eitensiOn athes, copies of Which are available,from:this
10 offictupon request
11 b. The cost of any relocation of'existing PG&E facilities necessitated by this
12 project will be the responsibility of tile 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 .messnres of the Mitigated Negative
•
24 Declaration'(Resolution No 96-121 NC S ) adopted for this project shall
25 be enforced, as 'applicablt, with all components of the Final Map and
AN 26 associated publicipriVattimprovenienCpbns '
ep 27 b All conditions of the PUD Development Plan (Resolution
28 No 96-124 N.C25.) adopted for this Tentative Subdivision Map shall,be
29 enforced, as apt:the:able, With all coinponents, of the Filial Map -and
30 associated,publielprivatt improvement plans
31 c. The Tentative, Subdivision Map shall be reviewed and approved by
32 SPARC, and amended accordingly, subject to staff review and approval
33 prior to Final Map'approlial.
34 d. A full scale reproducible copy of the Tentative Subdivision Map as
reproducible
' 35 approved by SPARC shall be submitted to the Planning Department,
36 subject to Staff review and approval-010r to Final Map approVal.
37 e. Development of all public and private improvements for Phases 1 and'2 of
38 the Final Map must comply with all applicable mitigation and monitoring
39 measures of the is/litigated Negative Declaration (Resolution
40 No 96r f21N.C.S.), and all applicable conditions of the PUT)
41 Development Plan and Tentative Subdivision
42 I 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 Claini action or,proceeding against the City,,its boards, commission,
45 • agents, officers, or employees to attack, set aside, void, or annul, the
46 approval,of the project when such 'claim or.action is brought within the
47 time period provided for in applicable Stateand/or local istatutes., The City
48 ' shall:prOmptly notify the applicants/developers of any such claim, action, or
. ,.
49 proceeding: The City shall coonitnareimtht'defense. Nothing contained in
50 this condition shall prohibit the City from participating in,a defense of any
•, 51 claim, action, or proceeding if the City bears its Own attorney's fees and
.• .5.2 costs, ar4the City•defends the action in good-faith.
Reso. 96-125 NCS• Page 5 of 6
5
. •
• •
r 1
2 6. All street-names shall be subjectto review and approval of the Street Naming
3 Committee iprior!to Final Map approval
4
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 Sdiool District). No creditor reimbursement-shaIlbe given fo(the
10 proprised dedication of open space,and/or park lands and proposed improvements
11 thaebn.
12
13
14 ,
15 mAxiSM11424Avord6
16
17
•
TJuder the power and authority conferred upon this Courtcil by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the , Approved as to
Council of the City of Petaluma af a (Regular).Ofatgadellepatlikialifl "meeting, e form
on the, 20th - day of , May ' _. 19 96, by the , )
following.vote:
' Attorney
AYES: Maguire,Narnilton, Stompe, Read, Shea, Vice-Mayor Barks, Mayor Hilligoss
"TS: None
ABSENT: None 410
ATTEST: _. eal _ Af
—
City Clerk Mayor
council
CA 10415 Res Nc. 6- 25 td CS Page 6 of.6
• ResollutionNo., 98 1,8 :N C S.
of the City: of Petaluma, Calif-di-ilia.
•1
s THE CITY COUNCIL OFTHE CITY OFPETALUMA DENTES AN APPEAL.BY PATRICIA
6 TUTTLE BROWN OF A DECISION BY THE PET 4JJJNLA PLANN1JcG COML1-IISSION;TO
7 GRANT A ONE YEAR EXTENSION'FOR THE TENTATIVE MP FOR-THE'MAXWELL
8 SUBDIVISION LOCATED EAST OF "D" STREET AT WINDSOR DRIVE;
9 APN01f9-120-04'S& 046
10
11
12 WHEREAS, on February 6, 1998; Mogel Engineering; on behalf of the Maxwells, filed a 12
13. month extension request to the ,Tentative Map for the Maxwell Subdivision to extend its
14 expiration from May 20, `1998, to May 20;, 1999, and
15
16 WHEREAS, a public notice was published in the Argus-Courier onMarch•14; 1998; and a public
17 notice was mailed to all properties within 300' of the subject'project boundaries; and
19 WHEREAS, the Planning Commission at. theft June 9, 1998' meeting, after opetiing the public
20 hearing and.receiving,testimony; approvedthe Tentative-Map extension with,additional conditions
21 of approval, which were agreed to by the Maxwell's,representative;; fr. Steve Buckley, and
22
23 WHEREAS, Planning staff received an appeal from Ms Patricia Tuttle Brown of the Planning
24 Commission's decision to grant the Tentative ''Map extension in the appeal statement, the
23 appellant noted opposition to the map extension without provisions/conditions to extend the
26 Urban Separator designation at the Urban Limit Line, and pro1isions/conditions for a non-
27 vehicular scenic route for bicyclists and p edestnans wltunsaid extension of the Urban Separator.
28
0)
1
Resalutiga No 98-1f58
Nos. 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,appliedto Maxwell Tentative Map Extension
9
10 1. A continuous 20' wide easement for public access for pedestrians, including bicyclists a
11 pathway, (paved or unpaved), and maintenance, shall be dedicated to the City to provide
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 Kelly 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.
i9 a bicyclists, :pathway P (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 Horich, APN 019=120-023, and continuing
in a southerly direction over Parcel 14,
at or proximal to the "D" Street right-of-way, to the Urban Limit Line; said 'IV
Reso. 98-158 NOS
Page -2of 32
. ,
4 I 1 easement shall then continue ,easterly along: prbiIial to the Urban Limit Line,
•
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 of Premo', APN 019.203:•006, in a locatiomsufficient to provide for a future
5 extension oisaid easetherit over the lands of Prerno.
6
•
7 2. An easement sufficient for ,private vehicular and emergency vehicle access shall be
a dedicated to the lands of Honch, APN 019-120-023, which extends from the private
9 access on "D" Street, over Kelly Creek, and along the southerly side of Kelly Creek,
10 subject to approval the Fire Marshal, and Planning 1Directdr„pritor to recordation of the
•
1.„ Final Map.
,
• •
12
13
14 sAmisckresome
•
Under the:power-and ainhoritY'oonferrediuponithia Council byithe Charter-of said'CitY.
. _
REFEREISICE: I-hereby'certify ti*foregoing Reaolutton *hi introduced and adopted bye the Approved as to
Council of the City of Petaluma,at-tt (Regular) (Adjourned) (SWIM,meeting form
,onithe 25th daY of ....._..._ 19 9s, by the
.following vote:
1
.trAttomey
AYES: Torliatt, Stbrripe-, Vice'Mayor Maguire, Mayor Hilligoss
'TOES: Read
•
IPBSENT: Keller, Hamilton
AnEST Cit 4- - • )65
),Clerk
Mayjr 3
CA 10 85
Res No. - 98-15-9T Ncs Qage, 3 of 3
E C ORDINANCE
JUN 2 0 .1996
COvarammosys ,
12
3
4 ORDINANCE NO. 2013 N.C.S.
5
6 Introduced by Councilman Seconded by Councilman
7
8 M'AFy Stomper Lori SheA -
9
io AN ORDINANCE OFTHE CITY OF PETALUMA AMENDING ZONING
11 ORDINANCE NO. 1072 N.C.S. AS:,AMENDED; BYRECLASSIFYING=,AND
12 REZONING A,19:6± ACRE PARCEL LOCAIED.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
18 FOLLOWS:
19 .
20 Section 1. The City Council finds that the Planning Commission filed with the 'City
21 Council on May 6, t996, its report set forth in its minutes of March' 26 1996 (File
22 y fy Zoning, Ordinance,No
�__ #TSM0086) recommending the adoption of an amendment to the
23 1072 N C,S., as amended, b reclassi mg and rezoning certain lands being more 0
24 particularly described,as Assessor's Parcel Number 019=120-045& 046; a 19.6±acre site
25 located east of"D" Street at Windsor Drive:,
26
27 Section 2. The City Council further finds that. said Planning Commission held public
28 hearings on said proposed arnendnient on June 1°3,'1995, July 11, 1995, December 12''3
29 1995, and lastly on March 26, 1996,'after giving,notice of said hearings,in the manner,
30 for the period and in theform required by'said Ordinance No. 1072 N.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 satisfied through the,preparation of an Initial Study
34 -which indicates that the proposed aiendment, U mitigated through the adoption of a
35. Mitigated Negative Declaration pursuant to Resolution 96 121N.C.S. will not-result in a
36 significant impact,on the environment.
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Ord. 2013 NCS paged of 3
1
2 thSection 4. Pursuant e City Co finds as followsions;of Zoning Ordinance No 1072„N.C:S. as amended
up s:
3
4 PUD Rezoning Findings:
5
6 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to reclassify
7 and rezone Assessor's Parcel No. 019-120-045, known as;Maxweh,Subdivision, to
8 Planned Unit: Development (PUD) district is in ,general conformity with the
9 Petaluma General'Plan.
10
11 2. The public necessity, convenience and general welfare clearly.pennit and will be
12 furthered by the proposed-An endment.to the Zoning Ordinance;;reclassifying and
13 rezoning the Maxwell Subdivision to PUD.
14
15 3. The proposed PUD Development Plan has complied-with,the requirements of
16 CEQA pursuant to Section 15162 of the CEQA Guidelines through the
17 preparation and certification of the FEIR for the Sunny Slope Annexation and the
W18 subsequent Mitigated .Negative Declaration prepared and adopted (Resolution
19 No.96-121N.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 ianalysisis^necessary.
22
23 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is
24 for any reason held to be unconstitutional by a court of competent jurisdiction, such
25 decision shall not affectthevalidity of the remaining portions of this:ordinande. The City
26 Council of the City of Petaluma hereby declares that it would have passed and adopted
27 this ordinance and each and all provisions thereof irrespective of the fact that any one or
28 more of said provisions be declared unconstitutional.
29
30 INTRODUCED'and'ordered-Posted this 6th day of May
31
32 ADOPTED this 20ttday of May, 1996; by the following vote:
33
34 AYES: Maguire, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
I' 35
36 NOES: None
2
1
2 ABSENT: Hamilton
3 •
4 ABSTAIN:. None
5
6
7 02; 1 Arni i`o / •
8 - ayor
9
10
11 ATTEST: A.IF % TO�F Ri'v1
12
14 r City Clerk City Attorney
15
16
17
18
19
20
21
22
23
24
25.
26 MAxxezmg24 word6
27 •
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Ord. 2013 NCS Page 3 of 3
3
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SITBDIVISIONrAGREEMENT, - ;ti
- ^ ''PUBLICrIMPROVEMENTS ''':.° •
Ycrr. :F`d •,.a taro s' VISr iS i. f._,‘,--- _ r ••
• l L '
-. r r.,a ..,-
- THIS AGREEMENT is made and entered into by and between:the City of Petaluma,: ,_=, • .
.
-
- . hereinafter referred to as "City,"Arid 'Pinnacle Development Number, 9', .; - .) -.- - •.:' , '
a california`Limited; Partnership , •- : , ,,hereinafter-•
-- -- =i
referred to as"Subdivider:" _
RECITALS. . '{"L- - . .•{ yr .4
- - Subdivider has presented'to City 'for approval a final subdivision map entitled J :
Pinnacle •Heights Subdivision
.r , r_:.'
3 r.- . ea, .w 9 - i.;: "1'bra=J '4i' S- .�` ,;..,i,.1.211:.1.-:"14: -
TheMaphas been:filed with the,City*Engineer-of City and will be timely filed with• he ,-.
City Clerk' for resentation to the Ci f' '
ty p ty.Council•;of'the City for its'approval,"which maps is
hereby referred`to and incorpbratedtherein
IP
:_ ' c r . .. __
"Subdivider hast.requestedapproval`;of the map,prior�,to the,construction.and.completion :
of improvements, including all -streets; highways .or-,public-ways iiidi,public utility,facilities
which ate.ra P art oe or -a Ppurtenant to th,
e subdivision hereinafter called "Subdivision "•
s desi cated ithe map; all accordance with and asnre guired:by,
the plans and"sp ns
ecificatio
for all or any of said:improvem-eits,•in, appurtenant to or outside therlimits of Subdivision,
. which plans and specifications are-now on,file in the office1of the:City"Engineer of the City.
• This agreement is executed.'pursuant?to the-provisioris of the Subdivision Map Act of -
the State of California and Title'.20,i of thePetaluma•Municipal;:Code.
'
NOW THEREFORE, 'for and in 'consideration of the,approval'' of the map and of
acceptance of the dedications. or•'some'thereof,^:tfiei=ein'offere d;, acid i"*order
in order to ensure:
satisfactory performanceby Subdivider ofSubdivider's obligations under said Subdivision Map
.
Act, and said Municipal'Code the.paiesagretas'foAlows�„ . 'r
•
1. Performance of Work All ofthefwork,and Improvements:and'materials'shall be
done, performed'and:installed',in:strict'accordance'"witfi therapproved plans and.,'specifications
for said work on file in the-office of'the"City -Engineer of City; .which said plans and
f
.. tr i ,,
...
Y U
a n
•
•
specifications and-standards are hereby referred 'to and adopted and made a part 'of this •.
agreement. In,case there are not any standard specifications of City for any Of SaiifWork,said it is
agreed that the same shall be done and performed m accordance with the standards and
specificationsl.ofthe:State of Californiw Department of Transportation: Subdivider.will.do,and. -
perform,•_or cause to ;be done and performed, at:Subdivider's own expense, in a. good and-
workmanlike manner, and furnish all •required materials, all under the direction;;and to,the ::
satisfaction of the City Engineer;of City,,Who shall endorse;hiis approval thereon, all Of the
following work•andtirfiprovements related to the Subdivision as shown T on.the-`improvements
plans and drawings_entitled Pinnacle Heights: Subeil sign, - -��
• . _ arid subject •
to,the conditions, requirements and recommendations'as .set forth in the reports.of the City• -Engineer and"Planning Director, which reports slXalh:be incorporated herein by reference:
Further incorporated ;herein and made a part hereof' by reference:.are the appropriate
resolutions :of`the Planning :Commission' and.. of the City Council `approving 'Subdivide?s
;tentative map:. Subdivider shall also do allwork and;fiirnrsh all,materials which in"the opinion - ,;•
• of the City Engineer, and on: his order, are necessary to complete the !improvementsrlin
accordance with the plans and specifications on file as hereinbefore,,specified,r or with any ._.°
• changes required or ordered by said Engineer, which in his opinion are necessary or required to •'
•
-complete the work. br,
' i n j •
•2 .: • Soils 'Engiieenne Contractor It is mutually. La greed:eed' that he •determine soils iengiheeririgfirrn to perform required-soils testing.and investigation"during!, •
the construction of public improvements;..
•
3. Work: Place's and:Grades to be'F.ixed by Engineer All of said work is to,lie. •
done at the places, of the materials, in the manner, and at the,grades,,:all as shown uponthe .
plans and specifications therefor, approved by the .City Engineer' and up on which he ;has-.
endorsed his approval, and•to the satisfactionpof the City Engineer: •
4: 'Work; Time for Commencement•and``Performance. .City hereby_figesahe time: -y" . •
• for the commencement of said work to be not later ,diary six (6) months after'date:of this,, - •
agreement; and for its completion to be.within 365 calendafdaysfrom:the date when3the map _.:: . •
is,approved'bytthe City Council: At least°fifteen (15))calendar'days prior to commencement of •
- 'work hereunder, .Subdivider _shalh,notify, City Engineer in, writing of the :date fixed 15y<
Sub
divider°for commencement thereof,, so that the City Engineer,,shalh,be-able top oxide ,..: �' •!
ism-Vices for idspection: • - ,; �� � •},r� -� = � •.
•
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5 Time is of-Essence Extension Time jsi �the essence of this agreement, i
• . provided: hat m the event good cause is'shownitherefor, the City Council may:_extend'the:time
• for completion of the improvements hereunder_ Any such extension may be,granted without^ M:' - .
• .notice to the Subdivides4 surety, and rextensions so_:granted.•shall; not.„relieve;;the surety's[ • `, ..
• liability on the?bond to secure-the faithful performance of this agreement The-_City Council 's r'. •
-shall be the-sole-ant final,judge as to whether or'hot good:;causethas been shown to entitle . T
SubdividerIto an•extension ti, -- _ r , . s` .,,—."-'� ' •.� .
6 Repairs`:and Replacements, Subdivider_shall -replace;'=or have•'repla`"ted,, °or` r S `
repair, or have repaired, as3the case maybe, all pipesfand monuments shown on the map:whicl
have been destro Y ed.or;damaged, asrthe case maybe, or pay to theiowner the;entire cost of
replacement or repairs, of-any_and all;property damaged or destroyed by-reason of'any";-work
done'heieunder, whether suchtroperty''lie,owned by'the`United'•States or anyagency thereofL
or the State of California, or-any public.agency=or political subdivision-thereof,;oi by the City' '•`
or.:by..any person whomsoever; or by any::combination of such owners: EArig uch repair. or• -
d
"replacement Shalt be:to the,-satisfaction; aidsubjectto the:approval ofthe•Crty±Engrneerl-'1. tt
7• Utility Deposits:: Provision: Subdivider shall make all depostts'Jegallyrequired • •'
by each public utility,corporation.'involved;in the provision of,services.for thee subdivision for •: i -
the connection of as andmall ublic utilities to be;suppiled`by, such°public utility corporation r '``
Y;-_ � P.
within the subdivision, and shalt ensure that utilities;are available to'said+subdivision!prior'to "-'
final occupancyctliereof. _•_ q _
•
•
8.
Permits:: Compliance'With Law-. ,Subdivider shall, at sSubdivider's <expense,,
obtain all:necessary permits,and licenses'for the construction of such improvements,: give all . •
necessary,notices and pay all}feesiand taxes required bygaw, _ ::: -
9: Superintendence.by Subdivider. Subdivider shall give personal superintendence • s •
• r
to the work on said.improvement,;or Kaye a competent foreman or superintendent, satisfactory„ ;
to the City:Engineer, on the work at all times during progreaS,,with authority to„act_for -.
Subdivider
t- ?Y°,w }
.,
I0. Inspection by dry!'Subdivider shall at all times maintain proper facilities, and r 1
I'm-
provide safe access for inspection by City to•all parts o the_work+and to the shops where mthe r�
f r5 br•
work is in preparation- The Subdividers shall pay, overtime mcurredfby City mspectorst
•{ whenever the Subdivider'elects to work on TSaturdays ,Sundays; and holidays he shall also,pay
. , " .
3 _ wk
•
overtime "incurred byH City Inspector when Subdivider"works zany-:overture hours. The
inspection uof work;shall not relieve ihe.'Subdtvider Of any of his obligafions to:,complete the
• improvements as;prescribed` .Defective'work shall bemade good'and'unsua'table`materials may ` •
be ;rejected, -notvnthsfanding the fact that .such::defective"work and unsuitable;materials'may
,have been previously-overlooked""and accepted bytheiCity Engineer • - '
t
' 11; Improvement-Security:. Prior to the filing,,of the application for-final map with `-- -
' the,City Council, the Subdivider'shalle present to and file with.the City of Petaluma a surety - .
-
1 company hand Lin the'sum of Three `.Hundred Twenty Five -,Ttiousantl .Th'ree";Hundred'`,
Thirteen Dolhlars and No/1009, _" -- ?,Dollars'($ 325,3;13_..00 ) issued: _
by a companycduly and2 regularly authorized to do a general surety business in the;State of
Californta�conditioned upon the;ifaithful,performance of tliis agreement and by"its?`terms;inade
to inure to the benefit of the City-of Petaluma The surety:Oh.said band andforrn thereof Shall' - '
be:satisfactory;to theCity Attorney. , ,,, -
�, Liability;under said bond shall be releasehupon completion;of all work sand?
public improvementsJtoahe satisfaction;of the iCity;Engineer-Jai:-proyidedliy7the Subdivision
Map Act theState of,Ca iforiiia. .
1111 -
12 ,- Alternate Improvement Security _The;Subdivider may deposit at the tithe.for' .
submission of the bonds mentioned in,paragraph 11 ;above, in;lieu,of a,surety bond; cash:in the- -'
• amount of'said required bon&-with°the City treasurer'of the,City,as a;guarantee for the faithful -
performance;of this agreement. The City-Treasurer may disburse progress payments to^the
• ' Subdivider--'on historder;as'the•workprogresses; provided first-that the Subdivider shall submit
. a demand for,a•;progress.payment•and thedemana for payment and the amount.isiapproved;,in , •
`writing, by the'City<Engineer of the City; No progress.payment allowable.hereunder'shall be
made'for more thanw0 percent of the'value of an installment`;of work and.not+before each
• installment.of work shall:have:been completed to the satisfaction of the`City,Engineer. The-
final payrnent for`the,work,to begperfo°rrned ander'this agreement shall.
be 'made 35;days after
formal acceptance of the+'subdivision by City upon;determination of the City Engineer that, .
all `public improvements:required-by •this, agreement) have been completed to his •full`and
complete satisfaction. Asrthe hereinabove-mentioned deposit is a guarantee for`the -faithful
p this agreement, the City may; upon;a breach,'default, of.violationof any of the
erformance of,
ro
p ions
vis of" " this agreement resort:to the hereinabove-mentioned deposit forahe purposes.of •
- ` taking over the work andprosecuting the same to completion. Upon breach, default or other •
violation of this,:agreement requiring the City to take,over the:work, the='City Treasurer-,shall,. •
release, 'Co the City Engineer, upon written demand of the City. Engineer, such amount or
q
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0 amounts,of the ,deposit,-reniamingias thel.CityrEngipeer,estimatet-is reasonablY.hecessary to-,i-is...-.; .
, , . . . .
compieteme work..: . ..„0„,:- .;-_, ,-;,;-,,- i.vo,,,,F ;..T. .t -r- : “ t."-• ..-:-7.:'.-r:i5-.., ;',-j---.; • •r: ' :-.":"*C.'"5" -
.
In lied. Of:the.. &
.surety bond cash as. required by Title:20,;of.4the'Reialuma
. . .„ . . •• .
Municipal&Code, an'instrument Or.install-Theta Of:Credit-in:the,a amount of said required bond:,
may be depaSite&withiCity.imontonditionthe financialinstitUtionfurrnshing the credit pledges
- - .
_ .
to the Cityit.has. the'funds;necessaty,:tliat,4ey:are,on"depoSieaS4hatantee for paytThent;Of the . -,-1 •
• . _ .
public imprOvetheritScreciiiiredah&thaf the,isaid funds,areihel&Mttrustfor the purposes.set forth-- •••••*-- -, .-
• .., . . . . .
in this agreement. 1,1,. - ..i..n„,,.,',.-..n,-?.i.i„. -,-:-..in't4;., ■-,',- e...,..17.1- .24..xt.: ..,. - .1.4,.; . Sc. • .
. .
....-.7 ,2, •Q; 4, ia,t'":4,a;,.....f.;:t t „..r.•;) ,,4 4...";!. •ri i l'' 'it:NIS,: '1.'' s' ' ''' ' •
. ' 13 tabor an&MaterialBond1509/0,of Improvement Cost)l The Subdivider shall • • . ..
. -
fund Shr.:SeCurityThnilit; raint .-Oiriii:6-?-1,Q1:1c'Ii-1911..ar-e-.8•t§iif3lita(11410.-u-sanIx Hundred Fifty :
- Six Dollars and ;50/100 - , Dollars,($16.2;656.i50 ). .
- . .
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.
... , -
securing payment tO'the:coritrieforgrSiibabhiradtas;•persOns-rentdig-eqUipnient ot.furnishing - - • . „.
.-.
,A -••-a: --F.-A:Alit : r2'.• "V t!'" ..eltnr:nr:.
. labor or mthei-tali'forthe'publielmprovements reqthred to beFmadeby, tliii-mstrument. The
• ..... • :-....=,..4-.;.:"- k,ri, lit,'„citt-4. .;, -,L 4,Z-`1.41:,,-".: Iti"....,:a7-.1.-:
security mayjbecasli,• suietybondromatminent of crendifias perrptte&by tile Subdivision Map ,
• •
, . -- • -z,,..Act of th&Stalet6ICaliformanSuch•secutify.ziliall 15e,tet2medbY'tliety.forfa,periOd'of ninety ,--- -- -• • - r;'-'.:-1---•
• ' - --• , • • ,,.--...... ,., ._ ;i4,.-i-,,- --, ,L.---- r ...4.91.E.:1-2W11:- -tis,4:4't-•
(90) days following acceptanielofthe:publiethipirb<ietrientShy.theCity, or such other period
. . .
..-
- . ' : •-, ,:.. ,,a4 :x,42, .tcytr,-- 4.i.---. -- :- - ...LC 4:: the
di. as may be. reqiiireker-permitted: pursuant-to' GolNieffim-eii€'Code :piOvisions governing
- ' .. -.4a•t'L •N le+'''''il;et:'i'"t•-la”,a4]”'"
release of labbr,and material forlabilVismrip ir e: *efk': itg''.14• .,..rtc.:.;tr:. t - .
,-.
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. - 14. Monuthentatiorraond ??Subdivider shall furnish a.bond or cash deposit in the!
amount- a_ .._ F.iye '-11-ibn s and,'Doll ars.'and ,No7100 -•, . . • . • . .
• . , .
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. .-, „, • ...t. '4,.';',Dollars: ($5,::,00.0.00 - . . -,. ) guaranteeing .
, - - - .... .
•
the payment for installation of permanent monumentation..„Themonuthentaticip shall be done ,
to the satisfaction /Of the city Engineer and-shall be completed'365. calendar days from the
actual,date.of comniencement.t.r ' :F.--:-.:c. -."' . ... - ■,' -.:--: • . - - -, •• '''. -. .
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15. • MaiinenanceTB'ond. ' Subdivider shall-furniihptior2-to acceptance Of the public
• --...,,,,4 .... .. . 1., ..- t--.,..lk ,,:=1,-.: ...... :042,114“.)- •••AW ••■•■ . •:, • •'•• 2,:••', •
improvements by the City a maintenance band ihthe amount of Thirty-Two Thousand
Five Hundred Th'i•r"ty=two, Dblar? and' N6/100,--,-.- Dollars..(S .32,532.00 ) .
guaranteeing said public improvements for a penodrof oneyear:troth,date,of acceptance. .
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. . ,, t . -4,......,:,,4f.fas,nredg k!Ixi.^).6rile‘t--C..-•:IttC;-!...t.tt•T! .1:::C ,- ..."'
16.'" 'Hold‘Harrnless Agreement., 7Stilidivider hereby,agrees to, and shall, hold City,
- • ri.. 4,, - 1r:'W.471114 -; -:.:r '"V17 ."-* ^ ..4r. -I '' ' '
its elective and'apPointivehoardi.-:conmussio31.1ns;'offieers;:agents, and employees harmless froth
• any liability for 'damage or claims for clainagefocpersOnal injury, including death, as well as
. -...•.. , ,-1. .,,0.7; -4 iX-r4...‘42844.4...L'Z,t,±4'.-*;--L-A,-.',.--- .. .....0-...‘ ...--/ ..,=-,----;----- • - --
from ''claims for property damage whieli,;may arise, from..SUlidivideeS. tor,Subdivides
.,• - •-_., ..; ..:.....--...}1-xi,, t',r(-.?;4a...fisi:gai3.,e.,,i„, ..,,,. „. .,i..... !..; ..,t..,-. . .,, .. . :
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"•,:: • -i• • • • -K.:'1" -t... 4,2>,l--s- • .. ' • - - - . -
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contractors, u , .agents;- or employees of Subdividers contracto
rs,
subcont actors, or by y one or more persons directly or indirectly employed.by,'or`achrgs
'
agent for;Subdivider orany of Subdivider's°contractors or:sabcoitfactors, Subdivider agrees .
to; and ,shall; defend,.!indemnify and hold harmless the City`and its elective and appointive
boards, .commissions officers, a enfs and employees:from-any suits:or, actions at law or e
equity for+damages caused, or alleged to-have been caused, byteason of any'of`.ihe aforesaid
operations. • .
a- City-does not, and shall not, waiveany.rights,against zSubdivider'which ` '
it: may have by reason of the aforesaid hold-harness •agreenient;,
• because Of the iaddeptance by City of the deposit with City'by Subdivider
•
f a , ;, .
of any of the insurance pohcies;descnbed-'in paragraph 18 hereof
- 7. . ?b The aforesaid hold-harmless agreement,by Subdivider shall apply, to all- -„ -- '
damages°and claims fordamages of every kind suffered,.:or alleged`.to
•
_ have been .Suffered, :by reason of any of the iaforesaid `operations
regardless of whether or not City haslprepared, supplied:or.approved of ..
plans, specifications dt either, for the •subdivision land ;regardless;of:• -
whether or-not any insurance`policies shall have been d'ete_rimned tobe . ••
applicable to any of such damages or claims for -_damages •
c. Subdivider agrees that the use of any and all &"steets :and public:
• improvements hereinabove required-to' cotisiructed 'sfiall be of`all,
times prior to the final acceptance of the subdivision:by the City;. the
•
• sole; and exclusivez.risk of the Subdivider.,_The City'may, at its sole:
option,, issue permission to ocüpy all= or 1 portion of the Public, •
Improvements prior to-FinalAcceptance'Of said'public Improvements-
The•issuance of any permission to occupy-such'1Public Improvements
. located within the said subdivision shall not be;construed.ins any-manner
to be• an acceptance;,and approval aof''any or'all of said streets and •
improvements in said subdivision, or that;stage'of"development o f-said
• streets'and impcoveinentsvrepresented<by their conditionseat the time.Of
issuance of said occupancy permit or''.permits •or any stage. of`their • • ;
development reached between'the period commencing witli.the issuance
of any occupancy permit and the final acceptance of said subdivision!,
17. Protection of Public Safety. 'The-Subdivider is"obligated to protect the public - .
safety durm all phase"siofthe�work, and shall erect and maintainr'all necessary bamcades, signs
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gns
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• and warning devices necessary to„ensure public:protection: In theeyent that_City.discovers a
` condition on;'the site which ,m :its determination constitutes an immediate (danger to'public
. safety, and Subdivider"cannottrespond at.`once, City'may erect any barriers, signs:and warning g
devices:it deems necessary: In such event, Subdivider shall pay;forthe,labor Of City's'crews at: . .
the rate of ttu-ty-five,($35:p0) dollars per hour per man, plusithejcosf of;any materials'.used and
a reasonable fee for use of any;barncades'found necessary. In,no eventslialI Subdivider pay ..
less than one hour rmmmum er man assigned if Ci ty tikes act�ioT n pursuant to this paragraph,=
• .
l i v •
18..- : Subdivider's Insurance: "'Subdivider`. shalt not,'co mmence'wo k'under tins
.. 1, .
agreement-until'Subdivider shalP?have obtained all'insurance required underthisparasrarph and -
such insurance shall ave'been approved`bythe City Attorney as;ta'forifi and the Cit9 Manager
as to °sufficiency, nor shall Subdivider•allow any contractor. or 'subcontractor to commence.
u
work'-on his contractor subcontract until all'similar''insurancce'irequfred'Atit the..conlractor.or
subcontractor shall have been so .obtained and approved All requirements herein,provided ;
.
.'shall appear either. .in the, body of the .insurance:�pohcies; or as�i endorsements and shall --,:y:-..::,t,
uc -. :•
,�- specifically bind]the .1msurancelcarrier - 1 '+ a ” - ,,°k....'+"" ! ' ' " . Y ' ,
SA
Subdivider, and/or his contractors. and/or subcontractors shall procure and, , , ,
.; maintain for the duration,of the contract-insurance against •claims for.injuries,to persons;or` " -
damages to property,which may';arise from'or in connection with the performance;of the work' , r
' hereunder by `the.,,Subdivider his agents, representatives, :employeesy contractors Thor - . ,.-'. -
• subcontractors.: •` — - - .. - ; ::
A Minimum Scope.of Insurance: .
- Coverage shall be at least as broad',as
1-: - Insurance Services Office Commercial General Liability coverage
(occurrence from•CG0001). • '
2: :- 'Insurance;Services,"Office form numberCA,0001; (Ed. 1/87) covering "
.
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. Automobile•"Liability;`code'1 (any auto)::
3'. Workers; Compensation insurance asRrequired.bythe State of California
and Employer's Liability Insurance.
B. MimniumLimits of Insurance:
Subdivider maintain limits no less than -
a^ General Liability: $14,000,000.per occurrence for bodily Injury, personal .-
injury and property damage. If Commercial General Liability Insurance'
or-other form with a general:-aggregate liability•,,is Used,. either the -
• • - . , ;- • .
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• ; general aggregate limit shall apply,separately to this projectflocatiomor •
the general aggregateliniit:Shill'betWice,the required oCcurreriCelimit:'
, A 2". Automobile Liability:- SiSi)(1.066 per accident for hijhry, and "1
• _ 'propertyclamage. • - - •
3L. :Employer's Liability: $1,;000,000 per accident for bodily injury-:be
disease -
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Deductibles and Self-Insured Retentions?
Any dedüctiblesor self-insured retentions must be dedlared to/and apprbVed.by
the City.. At.the,OptiOn-Of the City; either- insurer shall seduce or eliminate;such,
dediactible&Or:self-Insured tefentionsas.respects•theiCity; its officers, officials, employees, and • 2 •
volunteers;or the SlibdiVider4Shall'.prodiire a bond guaranteeing payment of losses andirelated •
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investigations, claim adminiStratiOnjanddefense expenses • z.. •
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11): ' ,Othef'friStitaridePtaViiidn-s. _ . '
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The general liability and automobile policies are to contain be-endorsed:to
• -contaitc'the follosing prbvisidns .j•-• g- -
The City, its officers, officials, employees, agents and volunteers are to
,,• be covered as insureds as respects arising out of activities .
IIP.
, ;Performed by or on behalf of the:Subdivider, products)and Icompleted -
• . , • •OnerationS- .of the 'StibdiVider; rifeiniSeS# owned 1otiied 1331 the'' •
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StibdiVideit or automobiles owned, leased, hired or borrowed by the
• SubdiVider. The coverage Shall contain no,special, limitations on,the
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scope of protection afforded to the City, Its officeis,, officials,
employees,, agents or volunteers.- Coverage shall not':thend to any
indemnity coverage for theactivenegligence of the additionall'insured in
any case where an indemnify the additional inured voiild
be invalid under StihdiViSitm-1(b) of section 2782 of the Chill Code.,
. For any 'iclaims..;related ;to this•-projept, the SubdiVider's insurance
coverage shall be primary -iiithrance as i-e-Spetts the City, its officers,
officials, employees, agents and volunteers. Any insurance or self-,
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• 'insurance 'maintained by the City tits officers, bffieial& einployees,
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agents or volunteers shall be excess of the Subdivider's 'insurance
required and shall not'contribilte'With it
3 ' Any failure to .iWith,reporting or other provisiods Of-the pOficieS
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including-breaches of warranties shall not'affect coverage'provided'to - 'NW•
the City, its officers, officials, emPloyees, agents or volunteers
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4 The Subdivider's insurance shall'apply separately to eachnsured against,
wliorTciaim is made.orsuit is brought except; *ith;espect,to the limits:
- of the insurer's liability: - _ •
Each`msuance policy regwred.by,this clause shall be endorsed,to state
that coverage,shall not be suspended, voided, cancelled`by either parry;
reduced- n,-covera?e or m:limits except JafferTthirty (30) ,days' prior to
written;notice by certified mail,,return;receipt requested', ',has been given • _
•. to'"the City]
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E . " Acceptability ofinsurers — "
`Insurance is to be laced with insurersiwith.a current '
p. A.Nf. Best'S rating of no •
less than A.
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F u ;:r;Venfication of+Coverae' : . – :it-2=4_ : -••-. - -
z ,_Subdivider shallfunush theCity•Witli,oneirial ndorsements-eecting coverage
required by'this clause The,endorsements are to be'sig ied,;b-*a'person'authorized by that
•t insure? to bmd cove-aae`:oh its'behalf' The endorsements areito be otiforms'provided by:the - . • .
City.r Allten`ddrsefi entsare to'be?received and approved by•the City before work;commences. •
• As ail'alternative to the City's'forms, the Contractor's'tmsurer may provide complete, certified' •
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. . . copies:.of all=:require`d.. insurance' policies,,including endorsements 'effecting the_coverage
required'by these specifications., ' , i' ' . '
.:,„;.e,. y:aSubcontractors: _±,..:. c a,
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.;. Subdivider shall include all''subcontractors•as in suredsiunder its policies or shall
' furnish -separate-certificates' and endorsements ;fon.each•;subcontractor. ' All coverages for
subcontractors;shall be•subject toiall,of thezrequirements stated°herein. ' , •
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19 ,:•.Title of •Improvements . 'Title l to, and ownership. ..of all improvements.
constructed_,hereunder, by Subdivider. shall vest absolutely in City; upon, completion 'and
acceptance of such•iuiprovements,by City- _. . - . ... .-__
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.20 Recair or.Reconstruction of Defective Work If„within_ a period of one year
after final acceptance of the work:performed;under this agreement,(any•structure or part,of:any
structure. or installed'or�constructed,,or causethto 'be.installed or,constructed by.-
Subdivider, 'or any of the work ,done.under this a&eement fails to fulfill any of the
- ` requirements offthis agreement;or the specifications =referred to''herein,,Subdivider shall without
0 delay and without cost'to?City,. repair or replace !or reconstruct any„defective;or otherwise
unsatisfactory;part or,partsaofthe work or structure. Liability under the contracts'of surety or
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guarantee referred to in paragraphs 11 and 12•of this agreement shall be released upon the completion
of all work and ublic,impr
p oyements.to the satisfaction of the City'$ngmeer as provided;and permitted
by the Subdivision Map;Act of the State of California:' Should Subdivider fail°to act promptly oc::in '
accordance with this requirement should the exigencies of the'case require repairs or'replacements
to made before, Subdivider can be notified;'City may; atutsop"tion, make'thie necessary'iepairs'or ,
replacements:or-performthe necessary work rand Subdivider shalI:pay to the'City the actual cost of
such,repairs plus 15 percent(15%u). '
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' 21. Subdivider Not Agent=of City: Neither'Subdivider-nor any'of Subdivider's'agents::or:
contractors are or shall be considered to be agents•:of'City in connection with the performance .'of'
. ,Subdivider's obligations under this agreeme'nt ,exceptas providedito in this agreement.
. 22.. -.-Notice"of Breaclvand-Default. IflSubdivider refuses or. fails,to obtalitprosecution of
the work, or any severable'part'xhereof with`:such diligence as will' ensure tits,completidn within the •
timettspecified, or may extensions thereof,,of ifails to obtain completion of said work within such time,,,. ,
or if;Subdivider should',be adjudged a ban1 upt, or'Subdiwidef,,shouldsmake-ageneral assrgnmentfor
the benefit of Subdtvider,'s insolvency ;:or if Subdivider or any of,Subdividerls contractors, -
,subcontractors, agents.or employees should:violate any of the_provisions-of ithis'agreement,,,City. •
Engitieer,or City Council_may,serve written:notice upon,Subdivider"and Subdivider's surety of breach ._
. . of this agreement, orof any portionithereof anddefaultof Subdivider, : ' •• '
23. ''Breach of Agreement; Perforinance:bySufet •or City. In the-event:Of any such,notice;
Subdivider's surety shall:bave the duty..to take over and complete,;the;work and`,'improvementstherein. -
specified;.provided however, that if the surety;within thirty„(30) days-after the serving upon it.of
notice of breach,doesenot give^City written.notice{ofjtsuintention to take over the performance of;the;
contract+and does.not commence;:performance:thereof within five (5) days after notice'to City of such
election, Citytmay elect,to.takerover the work and the same,to;coinpletton;by contract or by •
any other method City may^deemadvi'sdble;•for the account and of Subdivider,,and in
such.event, Citywithout liability for so doing, may takes possession of and utilize in completing'the; -
work, such,materials, appliances,.plarit.and other property belonging to Subdivider as may be-on•the.
site,.of the work and necessary therefor., The Subdivider shall;be liable,to the City for any excess costs;_
claims damages, ?liability„ or expenses ofzwhate'ver'"nature or kind;• direct or indirect, including
reasonable attorneys' fees"which•are directlfor indirectly caused,bythe execrtion,andenforcement;of
this,agreement.- .r _ r , .t - " 'ilk .
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24. NotiCe§:, All notices:herein-required shall be in iwriting and:delivered in person '---s,
or sent by re,,-sterecl,,or',Centified Mail,■-liastarre prepaid:*.NOtices required to,beitgiyeri.shall be ,tr
addressed as:follows: .. , -
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• City: CityiEngineer
. . City-ofPetiluma
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Tioiti,CceEOX,54 ' •
• Petalifita, CalifOnfia..94953.„:
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Subdivider: Ptnicacle-:,Devel-opr'neife Number 9
c/o Pinnacle korees'
. . P.4--0-. BOY'. '14189' - - ' ... ,
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. • ' Santa Rosa - 6A,CA ..1.-95402, - • • .
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Surety,of . - r - Deyeppers -Insurance Company . 7 7.
Subdivider:, - 3100 bik Rciadi, Suite 260
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' • ,- - - — - - --- - ----- "- :Walnut Creek, CA ' 94596-
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InSUranc e 1.0 o Itt arlY , Legicin. rndemriit -cdrnpany
of Subdivider: c/cr Al bur aer";'13also. 0-e--8i7.0szi..- _ :-... , •
• p:o... Box 7448'.
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. ' . • Petal difia,,Lf..CA: :94-955 744,8 • - 2-'-„---4.- , ,: :- ' '
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provided that any party or the surety may change such addj-essny no rifing.
tice;m wtaithe-other
party and thereafter notices shall be addressed and transmitted to;theew addreSS. , -:,-,..
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25. This agee.ment shall bind, and the-benefits', inure 16,-, the respective parties
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thereto, their legal representatives; executors,.autim_ustratirs, successors, in office..,„-qt,interest, .
and assigns
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, - 26. In the event that legal 'action is necessary to enforce any pi-oyiaionftof this
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agreement, the prevailing party shall be entitled toffeasonable attorneys' fees andlerral[costS.. •_ 1 ,
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27. Agreement an Offer Until Accented by tin/ It .i8 tecomaed that this
anreement executed by theStilidivicteris..subwitted at the time of application for approval! of
the final subdivision map, and prior to *approval of said filial. Stibdivisidn:Map; and prior to ' • •
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approval of said final map My the. City Council.- Until approval 'of said final map•eaiid •'
- • execution.of this agreement by City, tliis agreement shall constitute an offer and•-may be '
withdrawn or modified by Subdivider',,but upon such withdrawal, and until an executed" , ,
agreement,acceptable to City-is •submitted,; the entire application for,'final. map shall be- .
c ons idered'withdrawn. •
-28- i Other.Special Conditions: - - -
See A/nd�denddm"A"-attached'hereto,and'incorporated'herein byreference:
Dated this .L .D day of February, 2001 .
CITY OF EE`LUMA SUBDIVIDER
• By• _ , .
CitMana_•e1 N. dTitle Richard ,A.. Dowd
.• - 'vice-President'•of •General Rah-bier
ATTEST:;
�aar�ss ,Box 14189
• Santa Rosa-, CA- '95402
City;Cierk-- City, State Zip
APPROVED AS TO F.ORM: . •.. __
• 'City"Attomey - -
`'P' OVEDAS'T• CONTENT:. _
City Engineer -' - .- ,. • -
APPROUED:- . -•-R kManaget: •
PROVED: -sib?ance Director • 1
subpubim. -_ _
rev.1'/00a ) - . - . - - . - _ _
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r.ireerne-43(452.1-biel..,-lisei(StSstiei..-Str.•12.ValleandAse-teks stisi-Rs.....e. .....1.44%sal•ti.?(S•i,I.X. ...,,... . ,. :
tkiltirbollattfiCISfr E0;g:A.F.,,,,KApyyz.,,L.EppitillE,N.,...Tr.z1:14-"I',.likt-}4te a t.41444(Jk2'!PSCi 7;:..g:'.-tlititii
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STATE OF- _.
Cali. fofm i a. • .
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cotinirt OF- • 7ijn°mar- "" ,
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.0n I F-ebruary'14, 001 _r
'before me,, L e o€a We'si f?h
personally appeared Richard ,A. .:Dowd . . •
personalij,known to me(or proved on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subkribeci in the
within-inStriiinent and acknowledged to Me that he/she/they executed the same in his/her/their authorized capacliyhesi,and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ' r
inati-ument. . . .
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WITNESS my hand and officiaiseal: . .
' ' - .raa-sh....6-0.4.-ies-als-aia-st
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• - . 1 , -' - LEOTAWESTPHAL
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. ,,,77, ...Aso. ..-41.„: COMM. 1274422 K
NOTARY NOUS i AND FOR HE SAID STATE ‘i Nils.:-4-3 •NOTARY PUBUC CAUFORNIA 0
SONOMA COUNTY.
. . .r.;.My....Cow,mni....ExprriresvAug...:7_,.:tK_ .. •:,..„..;
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cAPApriyCLAIIVIEDAY SIGNER SIGNERIS REPRESENTING •
_ NAIVE oRPERSoli(S)'OR ENTiridE§). . *IAME&..ekRSORiTS)-OR ENTITY(IES) .
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!OH • OFFICER(S)- rr „....
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ATTORNEY IN-FACT . , i. • '
0 TRUSTEE(S . -) - • .
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0 SUBSCRIBING WITNESS' •
n GUARDIAN/CONSERVATOR' •
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OTHER —
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ATTENTION NOTARY:Althoragh the informaliOn:requested below is optionalir it could prevent fraudulent:attachment of this
- certificateio unauthorized dOcument. - '
Title olTiO6,of Document . .
• . Wilber-of?ages,
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THIS CERTIFICATE Date of Document
' ' MUST REATTACHED . '
. . . ,._-.— ---. Signer(s),Other Than Named Above '•
, TO.THE DOCUMENT
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This document only a gener;iform;Da may be proper for use in simple transamons amain no way acts,ots intended to act,as a subsdtute girdle
adnce of an attomeytThe printer doesidri'mage anywarranty,either express or impliedas to the legal validirypf any pionnon Or the sUitatiiIi6/Of these "
" • ' f5thlik!0y5ifictFP-9619^:: .,.
' I Mil III 11111 I
Cowdery's ForrnNo10210•(New ND:100)•ACKNOWLEDGMENT•Gene.;
al(Civil Code 1189(a))(Revised I097;Printed 10.97) D, 06580 10210 5 ,•
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ADDENDUM "A"TO SUBDIVISION;•AGREEMENT
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. THIS"ADDENDUM ,ntade'this .' day of . {, 2001,;by and
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- between the City of Petaluma",,a,Municipal Corporation,hereiniflerreferred.to as "City', and
Pinnacle Development rNo.-9,a!California,Limited.Partnership, hereinafter referred to as
"Pinnacle",-,and_is a addendum-to the Subdivision Agreement-Public jmprovements, between . -•„ the parties . - ,
_ RECITALS
City has obtained=..anon=exclusiveseasement for;hydraulic_maintenance,and •`
.temporary access on, over, along;"a`ndacross certam"real prope tyabutting Sunnyslope Road m • • - •,`s•
the City of Petaluma which;parcel was:commonly known as aportionof Assessor Parcel.01=9-
'J, . 130-008. The purpose of the easementis,to�permitthe-construction and maintenance of a
conduit to replace the existing conduit now".located on said property:. Pursuant!to tentative map .
.approval condition,lc. (Petaluma.City Council Resolution No:96-'125 N:C:S; adopted May 20, .
1996), and County Water Agency City-of recommendations,the Petaluma desiresthat
Pinnacle undertake to replace the existmgculvert, which work has been made necessary by
Pinnacle's development.of the Pinnacle Heights,Subdrvision: Pinnacle is agreeable to replacing,the culvert in the manner hereinbefore described. - ,
AGREEMENT -
NOW, THEREFORE, IT IS`:MUTUALLY.AGREED'AS FOLLOWS:
1. City hereby permits Pinnacle to eater_upon the City's easement,on the:City's ,
behalf for''the purposes.of constructing;the;Kelly`Creek Culvert"Bias shown on Page-14 of the
Improvement Plans for:_Pinnacle Heights'Subdivision approved September 1:8;1,2000, (hereinafter .
referred to as "the Plans"): .
2. Pinnacle agrees,to:construct the;;culvert as•descnbed;in the•Plans atno"cost to:• :.
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the City in accordance with.the.Plans;and all the conditions and requirements;of the Improvement fp
Agreement`entered;into by Pinnacle with'ihe Citywhich Improvement AgreemenVis'a condition
to approval of the final subdivision map for the Pinnacle Heights Subdivision. . _
. IN WITNESS:WHEREOF, the parties hereto'have executed Addendum as of the day' .
and,year first hereinabove written., .
CITY OF'PETA LIMA • PINNACLE DEVELOPMENT NO 9, ' •
A.California Limited Partnership
City-N(an ger PINNACLE HOMES; a'iCalifornia
Corporation, General Partner . •
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ATTEST:, By /i L.
Vice President •
•
P. O: Box 14T89 -
"' City Clerk Address
APPROVED'AS TO FORM 'Santa`Rosa CA 95402
. City State Zip;_.
Receipt#932056
City.Attorney • Petaluma Business/Tax Receipt=No.. •
OMPLETED AND APPROVED - '68-0435682: •
Taxpayerl.D: No.
Department Head •
APPROVED: •
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RisklManager
APPROVED;
inanctor
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- ` City of Petaluma, California " -_
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Memorandum n
e
City Manager's Office 11 English Street,Petaluma,CA 94951,
"• (707) 77864345 Fax 778'4419 • E mail ilcitymgr(a�,cL=petalumaca.'us.
DATE: March 2, 2001 _ .
TO',-. • Mayor and Memberof the City Counci '
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FROM Frederick C. Stouder, City Manager '
SUBJECT: Asterisk(*) Consent_Agenda Items -`StatusReport and Proposed Schedule
f - On the-consent agenda, the following items.arenotedwith anastensk
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*Discussion and Possible Dir'ection,Regarding?Regional`Water Policies •and Programs. - •
* D iscussion and Possible Direction(Regarding Potential;Bond"Financingjfor Parks;Development,
and Status Parks'& Recreation Study:. ,
* Discussion and Possible Directionron,Campaign Finance Ordinance Councdmember Mike Healy•has a
-. :' revised'draft lie will=tie;circulating-to Council, item ,is'scheduled:for,the April 2nd evening meeting, ?,.
i * Discussion'and Possible Direction on Russian River Gravel Mining Proposed:Ordinanceto Ban
Russian River Gravel within Petaluma'City Limits:
y tit •,..0L-4:,:y-K.‘"--.4.4 .,...,-y Ju• " S 1;
a.: : . °;.. - .v s °:+c`S- iv-4 K- _: r ja. . ._ , ,- .,,,, .... ,: -
* Discussion and Possible DirectionmRegarding Appointment of Citizen Advisory Committee for _
.. _ .City Investment Policy.
*h X *'.Discussion-ofStructureiofFuture,AB1600"ReportsRegardmgMingahogandImpact•Fees :
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* Discussion,and Possible Action-Regardingg Resolution Opposing the Application of Chemical 1 eshcide_s_ ,. • ,F-
- onPro e Owned by Ci_ ofPetaluma and.Elsewhere'inSonoma Coun Without the:Ex ress�
p m Y ,. ply. tY P
' Permission of Affected'Property Owners;orResidents;and Encouraging the Sonoma County Agricultural, '
_,' Commissioner to Commit to the'reation of an Altern'atn e'Plan'to,Identifyand,lmplement'a Non-Toxic '• '
.. .Program to Reduce the Spread of,Pierce's,Disease 'This itemiias been;removed:fromathe:March 5`h
agenda arid is scheduled for-March 19`-.evening,,meeting. -
. Discussion and,Direction to Staff Regarding.Appointment to Vacant Position on Personnel Board
(Appointment-To This2Position Needs To:Be'Advertised). A discussion item regarding appointments:to.
Boards, Committees and Commissionsas,scheduled for the March 19th afternoon meeting.
These items were discussed by the City Council during the'meeting of February 20`�'as items one!or -
several Councilmembers wished•to have placed en a future agenda: Many,of the items had`been listed _ .
"or,4proposedtpreviously.for future Council discussion;while•others were still being'developed,'as'part of '
issues under research. As it wasn't'clear to all Couricilmembers as,to the status ofsomeitems, this .
• listing is intended to formally provide the City Council with a brief report or proposal on each: If the •Council-has any questionsor comments on any of these items,the item can.be removed frotYthe - .
''Consent Calendar, It is'also;suggested;that;all;of the items can be'sacknowledged.byacceptingthe, '
status,report as part of the Consent-agenda:''- .• - •
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