HomeMy WebLinkAboutOrdinance 2160 N.C.S. 08/18/2003ORDINANCE NO.'2160 N.C.S.
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Viee Mayor O'Brien
Seconded by:
Council Member Healy
APPROVAL OF A RE20NING TO PLANNED UNIT DISTRICT
TO ALLOW FOR DEVELOPIVIENT OF A 92-UNIT RESIDENTIAL SUBDIVISION,
ACCESSED FROM CASELLA WAY AND YORKSHIRE ROAD, APN 137-070-079.
BE IT ORDAINED BY THE COUNCIL OF TH`E CITY OF PETALUMA AS FOLLOWS:
WI~EREAS, by action taken- on May 13, 2003, the Planning Commission considered the
proposal and forwarded a recommendation to the City Council to approve the Rezoning to PUD;
and,
W>EIEREAS, the City Council finds that the requirements of the California Environmental
Quality Act (CEQA) have been satisfied through. the preparation of an Initial Study and adoption
of Resolution No. 2003-158 N.C.S., approving a Mitigated Negative Declaration to address the
specific impacts of the Gatti subdivision; and,
WHEREAS, the City Council held a public hearing on the proposed project on July 14,
2003 and August 4, 2003, after giving notice of said hearing, in the manner, for the period, and in
the form required by Ordinance No. 1072 N.C.S., as amended; and
WHEREAS, the City Council~has considered the Rezoning.
NOW, TIIE1tEFORE, BE IT RESOLVED that the City Council approves the Rezoning
to Planned Unit District subject to the following Findings, Conditions, and Mitigation Measures:
1. -The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and
rezone the subject parcel from Agricultural (A) to Planned Unit District (PUD), will
result in a more desirable use of land and a better physical environment "than would. be
possible under•any single zoning district or combination of zoning districts,
The proposed' uses comply with the. Planned Unit; District designation, which allows
inclusion within its boundaries of a mixture of uses, or unusual density, building
intensity, or design characteristics, which would not normally be permitted in a single
use district, and to govern the development of residential projects. Additionally, this
proposal incorporates the policies and guidelines of the PUD-Planned Unit District of
Article 19A of the Zoning Ordinance.
2. The public necessity, convenience and welfare clearly permit and will be furthered by
the, proposed Amendment to the Zoning Ordinance, reclassifying and rezoning the
Gatti nursery site to Planned Unit District.
Ordinance No. 2160 N.C.S. Page 1
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The Plamled Unit District Development Guidelines describe permitted and conditional
2 uses as well as those that would not be allowed to be established at this location. This
3 specific list of uses prevents the creation of any nuisance to the existing surrounding
4 uses.
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6 3. The requirements of the California Environmental Quality Act (CEQA) have been
7 satisfied through the preparation of an Initial Study and the drafting of a Mitigated
8 Negative Declaration to avoid or reduce to a level of insignificance, potential impacts
9 generated by the proposed Gatti Planned Unit District.
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11 In compliance with the requirements of the California Environmental Quality Act, an
12 Initial. Study was prepared for the rezoning of the site from Agricultural (A) to Planned
13 Unit District (PUD). Based upon the Initial Study, a determination was made that no
14 significant environmental impacts would result. A copy of this notice was published in
15 the Argus-Courier and provided to residents and occupants within 500 feet of the site,
16 in compliance with CEQA requirements:
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18 CONDITIONS OF APPROVAL
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20 From the City Council
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22 1. Prior to Site Plan and Architectural Review Committee review, the plans shall. be
23 revised to show eight single-story detached homes abutting the Buckingham Lane
24 residences. That lot most in line with Road C (lot 4 or lot 5) and lot 8 shall be designed
25 to utilize side entry garages. Thus, the project shall consist of 46 single-family
26 detached homes and 46 townhouse units.
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28 2. Prior to Final Map/Improvement Plan approval, the Landscape Assessment District
29 shall be submitted to the Community Development Department and the Parks and
3~ Recreation Department for review and acceptance. The LAD shall include the
3:1 maintenance of the "townhouse park" area between townhomes 12 and 35. This park
32 area shall be public and shall be labeled as such prior to Final Map/Improvement Plan
33 approval. Design and layout of the park- shall be subject to the Recreation, Music, and
34 Parks Committee and SPARC approval. SPARC's review shall be limited to fencing
35 and perimeter landscaping.
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37 3. Prior to SPARC review, the southeasterly eight parking spaces on the park side of
38 Casella Way shall be eliminated. This will result in fifteen 90-degree parking spaces on
39 the park side of Casella Way.
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41 4. Prior to SPARC review, the plan shall be modified to show concrete pads four to Fve
42 feet wide from the existing gates in the Capri Creek Apartment's fence to the public
43 street.
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45 5. Prior to SPARC review, the plan shall be modified to show an extension of the Class 1
46 creek side path stubbed out to the SRJC property line, approximately in line with the
47 intersection of new public Roads C and D.
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Ordinance No. 2160 N.C.S. Page 2
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6. Prior to Final Map approval, the applicant shall set up a financial mechanism to ensure
perpetual maintenance for Parcel B (the private alleys), subject to review and approval
by the Community Development Department.
From the Planning Division (778-4301)
7. Before issuance of a Building Permit, the applicant shall revise the Site Plan or other
first sheet of the office and job site copies of the Building Permit plans to list these
Conditions of Approval as notes.
8. The plans submitted for Building Permit review shall be in substantial compliance,
except as conditioned, with the Development Plan dated June 25, 2003 and the
Tentative Map dated June 25, 2003.
9. All mitigation measures adopted in conjunction with the Mitigated Negative
Declaration for the Gatti nursery project are herein incorporated by reference as
conditions of project approval.
10. Upon approval by the City Council, the applicant shall pay the $35.00 Notice of
Determination fee to the Planning Division. The check shall be made payable to the
County Clerk. Planning staff will file the Notice of Determination with the. County
Clerk's office within five (5) days after receiving Council approval.
11. SPARC shall review Site Plan design, building and accessory structure design, PUD
Guidelines, colors and materials, landscaping, fencing style and location, and lighting.
Particular attention shall be paid to the design of the middle townhouse unit, houses 1-
8, and to all corner homes and townhomes.
12. Prior to SPARC review, the plan shall reflect elements (both on the ground plane and
three-dimensional) that clearly delineates/differentiates the private alleys from the
public streets, specifically Casella, Yorkshire, and Road E.
13. Prior to SPARC review, the plan shall depict apedestrian/bicycle bridge over Capri
Creek at Casella Way. The Improvement Plan shall show this bridge. Bridge
specifications shall also be provided to SPARC. The exact location of the bridge shall
be reviewed and approved by the Recreation and Parks Department and the Petaluma
administration of the SRJC. Two years from the date of SPARC approval, if delays
occurred in determining the precise location of the bridge and the developers have been
unable to construct the bridge, the bond shall be replaced with cash.
14. Prior to SPARC review, the plan shall depict a Class I path along the entire project
(from Sonoma Mountain Parkway to the urban separator) adjacent to the creek. The
Improvement Plan shall show this path. Pursuant to the Recreation and Parks
Department, the path shall be a minimum eight feet wide and constructed of concrete.
Two years from the date of SPARC approval, if the Recreation and Parks Department
is not ready for the path to be constructed, the bond shall be replaced with cash. The
Improvement Plan shall show the removal of the existing driveway paving at Sonoma
Mountain Parkway. A bike rack shall be shown to the immediate south of and inline
with the existing bus shelter.
Ordinance No. 2160 N.C.S. Page 3
2 15. Prior to SPARC review, the plan shall show at least 3 six-foot long benches along the
3 urban separator. Specifications on the benches shall also be provided to SPARC.
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5 16. Prior to SPARC review, the plan .shall show the specifications and proposed location of
6 a sign along Sonoma Mountain Parkway identifying the creek path and the connection
7 to the urban separator path.
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9 17. Prior to SPARC review, an Exterior Lighting Plan shall be submitted. Said plan shall
10 include a detail of the types of all fixtures to be installed for review and approval. All
I1 lighting shall be hooded and project downward, providing a soft "wash" of light. No
12 lighting on the site shall create a direct glare into cyclist/pedestrian eyes.
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14 18. Prior to Certificate of Occupancy of 80% of Units, the Landscape Plan shall be
15 modified to address improvements to the pond as determined by the Community
16 Development Department, Recreation and Parks Department, and Water Resources and
I7 Conservation Department. Immediately after demolition of the greenhouses, the
18 developer will construct temporary security fencing around the pond.
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20 19. Prior to Final Map/Improvement Plan approval, the plan shall be modified to show a
21 sidewalk separated from the street by at least afour-foot wide planting strip along all
22 public streets, except that Public Road E is not required to have a sidewalk on the
23 southeast side of the street.
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25 20. Prior to Final Map/Improvement Plan approval, the house and porch of Lot 40 shall be
26 outside of the FEMA 100-year boundary.
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28 21. Prior to Final Map/Improvement Plan approval, the Improvement Plan shall depict
29 signage on the park side of Casella Way indicating that those parking spaces, during
30. daytime hours (6:00 AM to 5:00 PM), be restricted by time, pursuant to the Recreation
31 and Parks Director.
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33 22. Prior to Final Map/Improvement Plan approval, the Improvement Plan shall show the
34 addition of a pedestrian warning sign at the Riesling Road mid-block crossing for
35 westbound traffic. The sign shall be installed in the existing median so as to be more
36 visible to through traffic on Riesling Road.
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38 23. Prior to Final Map/Improvement Plan approval, the Improvement Plan shall show the
39 extension of purple piping (to carry recycled water) into the townhouse park. (See also
40 Condition 60.)
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42 24. Prior to Final Map approval, that map shall be submitted to the Community
43 Development Department. Engineering Division as both CAD data and scanned images.
44 Prior to Improvement Plan acceptance, "as built" improvement plans shall be
45 submitted to the City as CAD data and scanned images.
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47 25. Prior to Final Map/Improvement Plan approval, the applicant shall work with City staff
48 regarding the transition between the proposed project and the new 7-acre park.
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Ordinance No. 2160 N.C.S. Page 4
1 26. Prior to Final Map/Improvement Plan approval, a Landscape Assessment District shall
2 be submitted to the Planning Division and the Parks and Recreation Department for
3 their reviewed and acceptance. The LAD shall be formed for the maintenance of
4 landscape in 1) the Capri Creek area northeast of Casella Way from back of curb to top
5 of bank, 2) the Urban Separator from property line to property line, and 3) the
6 landscape strips without residences directly to their rear to care for them such as the
7 two areas abutting Capri Creek apartments along Yorkshire Road and Public Road E.
8 (See also Condition 2.)
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10 27. Prior to issuance of a grading permit for work within any channel, the applicant shall
11 provide a copy of the approved Streambed Alteration Agreement and proof of
12 compliance with the permit conditions. Removal and replacement of the non-native
13 trees and a bridge shall be the only in-stream channel work, shall be limited to the dry
14 season, and shall be performed in accordance with conditions specified by the
15 Department of Fish and Game in a Streambed AlterationAgreement.
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17 28. Prior to issuance of a grading or Building Permit, a Construction Logistics Plan shall
18 be submitted by the applicant for review and approval by the Community Development
19 Department. It shall describe construction vehicle routes and these routes shall use the
20 existing Gatti driveway to the full extent feasible.
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22 29. Prior to certificate of occupancy of 80% of units, all trees referred to in the arborist
23 report and on the property to be dedicated to the City shall be removed (as they are
24 inappropriate species and/or diseased) and all stumps ground. Also, prior to certificate
25 of occupancy of 80% of units, these trees shall be replaced with appropriate species
26 along the creek, the pond, and the urban separator as approved by SPARC.
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28 30. In the event that archaeological remains are encountered during grading, work shall be
29 halted temporarily and a qualified archaeologist shall be consulted for evaluation of the
30 artifacts and to recommend future action. The local Native American community shall
31 also be notified and consulted in the event any archaeological remains are uncovered.
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33 31. All construction activities shall be limited to 7:30 a.m. to 5:30 p.m. Monday through
34 Friday. Construction and related activities shall be prohibited on Saturdays and
35 Sundays and all holidays recognized by the City of Petaluma, unless a permit is first
36 secured from the City Manager (or his/her designee) for additional hours. There willbe
37 no start up of machines nor equipment prior to .8:00 a.m., Monday through Friday; no
38 delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday
39 through Friday; no servicing of equipment past 5:30 p.m., Monday through Friday.
40 Plans submitted for City permits shall include the language above.
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42 32. All construction equipment powered by internal combustion equipment shall be
43 properly muffled and maintained to minimize noise. Equipment shall be turned off
44 when not in use.
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46 33. Construction maintenance, storage, and staging areas for construction equipment shall
47 avoid proximity to residential areas to the maximum extent practicable. Stationary
48 construction equipment, such as compressors, mixers, etc., shall be placed away from
Ordinance No. 2160 N.C.S. Page 5
1 residential areas and/or provided with acoustical shielding. Quiet construction
2 equipment shall be used when possible.
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4 34. Construction and demolition debris shall be recycled to the maximum extent feasible in
5 order to minimize impacts on the landfill.
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7 35. The applicant shall be required to utilize Best Management Practices regarding
8 pesticide/herbicide use and fully commit to Integrated Pest Management techniques for
9 the protection of pedestrian bicyclists. The applicant shall be required to post signs
10 when pesticide/herbicide use occurs to warn pedestrians and bicyclists.
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12 36. Prior to issuance of a Building Permit, the plan shall be modified to accommodate
13 recycling containers in the interiors of the units.
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15 From the En~ineerin~ Section (778-4304:
16 Prior to Final Map/Improvement Plan approval, the following Engineering conditions shall
17 be met.
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19 37. Except as provided in Condition 13, all public streets shall have sidewalks on both
20 sides of the street with pedestrian ramps at corners, intersections and connections from
21 streets to paths. All public streets shall have a minimum width of 32-feet with parking
22 on both sides or 28-feet with parking allowed on one side of the street only if houses
23 are limited to one side. No parking areas shall be indicated with red curb and signs.
24 Public street right-of--way dedication shall be separate from Parcel A. Provide knuckles
25 at 90-degree street corners (4 locations). Asphalt thickness shall be a minimum of 4-
26 inches. Streetlights shall conform to City standards and the Ely/Corona Specific Plan.
27 The common area shall not extend into the public right-of--way on Road E, Casella
28 Way and Yorkshire Road.
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30 38. The right-of--way of Public Road E shall include the sidewalk around the perpendicular
31 parking stalls between townhouse units 23 and 24.
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33 39. A cul-de-sac shall be constructed at the end of Casella Way. This cul-de-sac maybe the
34 minimum allowable size and does not have to accommodate the ladder truck. The
35 street right-of--way on the park side of Casella Way shall be dedicated by separate
36 document from the City of Petaluma and recorded simultaneously with. the Final Map.
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38 40. Private roads and alleys shall have a minimum width of 24-feet, except where the
39 alleys parallel Capri Creek, a 20-foot minimum shall be allowed. Rolled curbs shall not
4o be allowed. Fire and Emergency vehicles shall access the 12-foot wide path along the
41 creek via a regular curb cut that shall be designed to meet their radius and width
42 requirements.
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44 41. Grading and site preparation shall conform to the soil investigation report prepared for
45 this subdivision. Erosion Control Plans shall be prepared as part of the Improvement
46 Plan. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and a
47 notice of intent (NOI) shall be filed. Moisture barriers shall be installed along the curb
48 on the park side of Casella Way, on the creek side of Road. D and on the urban
49 separator side of Road B.
Ordinance No. 2160 N.C.S: Page 6
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42. A vehicle barrier shall be installed between the public streets and parcel A. A
removable vehicle barrier shall be installed at the access point to the 12-foot
meandering path. This vehicle barrier shall be subject to SPARC review and approval.
43. All hydrologic, hydraulic, and storm drain system design shall be subject to the review
and approval of the Sonoma County Water Agency.
44. The proposed water main system shall be capable of delivering a continuous fire flow
as required by the Fire Marshal's office.
45. Water service laterals shall be 1.5-inch diameter with 1-inch water meters.
46. Any existing overhead utilities on the property shall be placed underground or
removed.
47. Install a stop sign and crosswalk at all tee intersections of public streets (6 locations).
Install crosswalks at connections to the meandering path on Road D and at the end of
Casella Way. Ped xing signs shall be installed at all crosswalks without stop signs. A
crosswalk shall be located on Casella Way at the intersection of Public Road E to
access the future park. Connections to meandering sidewalks on Road B shall be
moved to align with the extension of the sidewalk at the corners.
48. CC&R's for the townhouse common area shall define maintenance responsibility for
the private streets, alleys and utilities.
49. The developer shall pay a fee for review of the technical correctness of the Final Map.
50. The Improvement Plan and Final Map shall. be prepared according to the latest City
ordinances, resolutions, codes, policies and standards.
From the Fire Marshal (778-4389
51. Prior to Final Map/Improvement Plan approval, no on-street parking space shall be
shown that restricts the turning radius of the aerial ladder truck.
52. Prior to Final Map/Improvement Plan approval, the emergency vehicle path shown
along the creek at Lots 12 through 35 shall be twelve feet wide with aload-bearing
weight capacity UFA minimum of 35,OOOlbs. The turning radius onto the emergency
vehicle path shall meet the City of Petaluma street standard for curb cut driveway
standards and a turn radius of R=25'. When gates will be installed at path entrances, all
gate entrances shall be at least two feet wider than the width of the path/lands serving
the gate. Where a gated entrance is locked, a Knox box shall be provided for
emergency access.
53. All townhouse units shall have fire sprinkler systems designed and installed in
accordance with NFPA 13-D. Townhouse units 12 through 35 shall be required to be
provided with a full. fire sprinkler system, including attic and garage spaces.
Ordinance No. 2160 N.C.S. Page 7
1 54. In all other single family dwelling units provide fire sprinkler systems designed and
2 installed in accordance with NFPA 13-D; including bathrooms over 55 square feet,
3 closets over 24 square feet or 3 feet deep, and other attached structures. These systems
4 shall be calculated for two-head activation for the most remote two heads.
5
6 55. Activation of the fire sprinkler system shall sound an interior alarm that will notify
7 normally occupied spaces.
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9 56. Prior to issuance of a Building Permit, proof that required fire flow is available shall be
10 supplied to the Fire Marshal. The minimum fire flow for this project is -1,000- GPM at
11 20 pounds residual per square inch.
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13 57. Prior to Certificate of Occupancy of 80% of units, all curbs not depicted for on-street
14 parking spaces on sheet CZ shall be painted red and no parking signs installed. Where
15 no curb exists, signs approved by the Fire Marshal shall be installed.
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17 58. Prior to Final Map/Improvement Plan approval, the following modifications to fire
18 hydrants shall be shown on the plans: (see the Planning Division file for plans red lined
19 by fire)
20 a. Move the hydrant on the creek side of Public Road D (opposite Lots 20 and 21)
21 southwest 70 feet.
22 b. Add hydrant on the urban separator side of Public Road B (opposite the shared
23 property line of Lots 17 and 18).
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25 From the Water Resources and Conservation Department (778-4304):
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27 59. Prior to Final Map/Improvement Plan approval, arainfall/stream gage station to
28 supplement the City's existing network shall be shown on the pedestrian bridge
29 crossing Capri Creek. The station requires an electrical connection and shall be subject
3o to the approval of the Water Resources and Conservation Department. The Water
31 Resources and Conservation Department shall maintain the station.
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33 60. Prior to Final Mapllmprovement Plan approval, those plans shall show the addition of
34 purple piping at or adjacent to the creek side path from the Urban Separator to Sonoma
35 Mountain Parkway pursuant to the WRC's recycled water pipeline map and guidelines.
36 (See also Condition 23.)
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38 61. This project shall comply with the City's Landscape Water Efficiency Standards.
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40 62. Prior to Final Map/Improvement Plan approval:
41 a. The 12" diameter water main stub for the future connection at the northeast corner
42 of the project requires an isolation valve.
43 b. All water valves shall be installed per Standard No. 871.00.
44 c. The Utility Plan should be revised to show the proposed water meter locations for
45 the new layout. The meters for lots 12 through 35 will require overlapping steel lids
46 (with integral reader lids) designed for traffic loading if they are placed in the
47 private alley. The meters for lots 1 through 11 should be behirid the Yorkshire Road
48 curb, and the meters for lots 36 through 46 should be behind the curb on Casella
Ordinance No. 2160 N.C.S. Page 8
1 Way. The park area requires a separate irrigation meter and backflow prevention
2 device in accordance with Standard No. 876.01, and other applicable standards.
3 d. The new water service sizes will be determined by the Fire Department
4 requirements. The maximum flow requirements will determine the meter sizes. If
5 the new 1-1/2" x 1" water meter is required, a Christy N-30 (or approved equal)
6 meter box is required.
7 e. Manhole spacing shall comply with the City's subdivision design criteria.
8
9 63. The applicant shall defend, indemnify, and hold harmless the City or any of its boards,
10 commissions, agents, officers, and employees from any claim, action or proceeding
11 against the City, its boards, commission, agents, officers, or employees to attack, set
12 aside, void, or annul, the approval of the project when such claim or action is brought
13 within the time period provided for in applicable State and/or local statutes. The City
14 shall promptly notify the applicants of any such claim, action, or proceeding. The City
15 shall coordinate in the defense. Nothing contained in this condition shall prohibit the
16 City from participating in a defense of any claim, action, or proceeding if the City
17 bears its own attorney's fees and costs, and the City defends the action in good faith.
18
19 1VIITIGATI®N MEASURES
20
21 All Mitigation Measures adopted in conjunction with the Gatti Subdivision Mitigated
22 Negative Declaration which are identified in the Initial Study for the Gatti Nursery
23 subdivision are herein incorporated.
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25 INTR®DUCED and ordered posted/1'~ this 4`" day of August, 2003
26
27 AD®PTED this 18`" day of August, 2003 by the following vote:
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29
3o AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
31 NOES:
32 ABSENT:
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41 ATTEST:
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None
None _ _
0
.`
David Glass, Mayor
43
44 ~ t
45 Gayle Petersen, City Clerk
Ordinance No. 2160 N.C.S. Page 9