HomeMy WebLinkAboutResolution 2005-181 N.C.S. 10/17/2005 Resolution No. 2005-181 N.C.5.
of the City of Petaluma, California
APPROVAL OF THE VESTING TENTATIVE SUBDIVISION MAP FOR THE EL
ROSE HEIGHTS SUBDIVISION WHICH WOULD ALLOW FOR 5 RESIDENTIAL
.LOTS AT 3 EL ROSE DRIVE AND 2100 B STREET
APN 008-480-015 AND 008-480-040
WHEREAS, by Ordinance No. 2227 N.C.S., Assessor's Parcel. Numbers 008-480-O1S
and 008-480-040 comprising .SS acres, have been rezoned to Planned Unit District; and,
WHEREAS, by action taken on May 24, August 23, and September 27, 2005, the
Planning Commission considered the proposal and forwarded a recommendation to the City
Council to approve the Vesting Tentative Subdivision Map for S residential lots and, date
stamped October 4, 2005; and,
WHEREAS, 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. 2005-179 N.C.S., approving a Mitigated Negative
Declaration to address potential impacts of the El Rose Heights Rezoning and Subdivision
project; and,
WHEREAS, the City Council considered the El Rose Heights subdivision proposal on
October 17, 2005, and considered all written and verbal communications concerning potential
environmental impacts resulting from the project before rendering a decision.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves a S-lot
Vesting Tentative Subdivision Map at 3 El Rose Drive and 2100 B Street, APNs 008-480-O1S
and 008-480-040, conditioned on the ordinance rezoning parcels 008-480-01 S and 008-480-040
to Planned Unit District to allow 5 residential lots first becoming effective, and subject to the
following Findings, Mitigation Measures, and Conditions of Approval:
FINDINGS
1. The proposed Tentative .Subdivision Map, as conditioned, is consistent with the
provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision
Ordinance) and the State Subdivision Map Act.
2. The proposed subdivision, together with provisions for its design and
improvements, is consistent with the General Plan, and will not be detrimental to
the public health, safety, or welfare in that adequate public facilities exist or will
be installed, including sidewalks, water, sewer, storm drains, and other
infrastructure.
3. That the site is physically suitable for the density and the type of development
proposed.
Resolution No. 2005-181 N.C.S. Page. 1
4. That the design of the subdivision and the proposed improvements will not cause
substantial environmental damage, and that no substantial or avoidable injury will
occur to fish or wildlife or their habitat. An Initial Study was prepared indicating
that there would be no significant, unmitigatable environmental impacts.
CONDITIONS OF APPROVAL
From the City Council
1. Prior to Site Plan and Architectural Review Committee review of the project, the
PUD Development Standards shall be revised to allow the following for Lot 3:
A. One accessory dwelling unit located above the garage as a permitted
accessory use.
B. Parking requirement of 1 covered space and two spaces that are covered or
uncovered for the single-family residence and 1 additional covered or
uncovered parking space for the accessory dwelling.
From the Planning Division (778-4301)
2. Prior to approval of improvement or building permit plans, the applicant shall
revise the site plan or other first sheet of the office and job site copies of the
Improvement and Building Pern~it plans to list these Conditions of Approval as
notes.
3. The plans submitted for Site Plan and Architectural Review Committee review
shall be in substantial conformance with the Tentative Subdivision Map, Unit
Development Plan, and site, architectural, landscaping and fencing plans
submitted to the Planning Division and date stamped October 4 , 2005, except as
modified by these conditions of approval.
4. All mitigation measures adopted in conjunction with the Mitigated Negative
Declaration for the E1 Rose Heights Rezoning, Conditional Use Permit, and
Tentative Subdivision Map project are herein incorporated by reference as
conditions of project approval.
5. 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 Clerks office within five (5) days after receiving Council approval.
6. Prior to approval of final map or improvements plans, the Site Plan and
Architectural Review Committee shall review the site plan design, the final PUD
Development Standards, and architectural, landscaping, fencing, and lighting
plans.
7. Prior to Site Plan and Architectural Review Committee (SPARC) review of the
project, the landscaping plan shall be revised to be consistent with the 5-lot
Resolution No. 2005-181 N.C.S. Page 2
project as shown on the architectural and civil plans submitted to the Planning
Division and date stamped October 4, 2005.
8. Prior to Site Plan and Architectural Review Committee (SPARC) review, the
retaining walls and fencing shall be revised to comply with the Zoning Ordinance
requirements for fencing and retaining walls, including the following:
A. Front yard fencing is limited to a maximum height of 42."
B. Adequate site distance shall be provided at all driveways.
C. Maximum height of fencing on top of or adjacent to retaining walls is
limited to a maximum height of 10', except within the front yard setback
where it is limited to a combined height of 42".
9. Prior to approval of final map and improvements plans, the CC & R's for the
project shall be reviewed and approved by staff.
10. Plans submitted for building permit shall include pre-wiring for solar facilities for
each dwelling and are subject to staff review and approval.
11. Construction hours are limited to Monday through Friday from 8:00 a.m. to
S:OOp.m. Construction activities that generate little or no exterior noise, such as
painting, electrical work, plumbing, etc., are permitted on Saturday from 8:00 a.m.
to 5:00 p.m. Construction is prohibited on Sundays and all holidays recognized by
the City of Petaluma.
12. There shall be no start up of internal combustion engines on construction related
machinery or equipment prior to 8:00 a.m. Monday through Friday.
13. Delivery of materials or equipment is limited to Monday through Friday (non-
holiday) between 7:30 a.m. and 5:00 p.m.
14. Machinery shall not be cleaned or serviced past 6:00 p.m. Monday through Friday.
15. All construction equipment powered by internal combustion engine shall be
properly mufflered and maintained.
16. Equipment shall be turned off when not in use. Unnecessary idling of internal
combustion is prohibited.
17. All stationary noise generating construction equipment shall be located as far as
practical from existing nearby residences and other noise sensitive land uses. All
such equipment shall be acoustically shielded.
18. Quiet construction equipment, in particular air compressors, shall be used whenever
possible.
19. The project applicant shall designate a "noise disturbance coordinator," such as the
contractor or contractor's representative, who is responsible for responding to any
Resolution No. 2005-181 N.C.S. Page 3
local complaints about construction noise. The disturbance coordinator shall
determine the cause of the noise complaint (e.g. starting too early, bad muffler, etc.)
and take measures to correct the problem.
20. The name and phone number of the disturbance coordinator shall be conspicuously
posted at the construction site and shall be included on the improvement plans and
building~permit plans.
21. The applicant shall be required to utilize Best Management Practices regarding
pesticide/herbicide use and fully commit to Integrated Pest Management
techniques for the protection of pedestrian/bicyclists. The applicant shall be
required to post signs when pesticide/herbicide use occurs to warn pedestrians and
bicyclists.
22. All project lighting shall be downcast to prevent glare into pedestrians and
bicyclists eyes.
23. Improvement and building permit plans shall include a "Bike Route" sign and
sign pole along the B Street project frontage. The location of the sign is subject to
staff review and approval.
24. In accordance with the provisions of the Petaluma's Municipal Code, the applicant
shall pay applicable City Special Development Fees at the time of building permit
application, including, but not limited to sewer connection, water connection,
community facilities development, storm drainage impact, school facilities, in-lieu
housing, and traffic mitigation fees.
25. The applicant shall defend, indemnify, and hold harmless the City or any of its
boards, commissions, agents, officers, and employees from any claim, action, or
proceeding against the City, its boards, commissions, agents, officers, or
employees to attack, set aside, void, or annul any of the approvals of the project
when such claim or action is brought within the time period provided for in
applicable State and/or local statutes. The City shall promptly notify the
applicants/developers of any such claim, action, or proceeding. The City shall
coordinate in the defense. Nothing contained in this condition shall prohibit the
City from participating in a defense of any claim, action, or proceeding and if the
City chooses to do so appellant shall reimburse City for attorney fees by the City.
From the En ink eerin~ Division (707) 778-4301
The following conditions shall be addressed at final map and improvement plan
application:
26. Remove and replace any broken or displaced sidewalk along the project frontage.
Provide a plan to permanently eliminate existing growth in the gutter and
sidewalk. Install a pedestrian ramp at the corner of El Rose Drive and B Street.
27. Site grading and retaining walls shall conform to the soil investigation report
prepared for this project. Erosion control measures shall be required during
construction and until the establishment of sufficient groundcover.
Resolution No. 2005-181 N.C.S. Page 4
28. Street lights shall be required along the project frontage.
29. Maintenance agreements shall be required for all shared access and utilities.
Agreements shall be recorded with the final map.
30. Stairways or structures shall not be constructed within the existing 5-foot public
utility easement unless allowed by the public utility agencies.
31. Driveways shall be at least 18-feet in length from .the back of the sidewalk to the
garage door.
32. Private stornl drain easements shall be included on Parcels 4 and 5 where
applicable.
33. Water service shall be 1.5 inches in diameter with 1-inch meters per City
Standards.
34. Prepare map and improvement plans per the latest policies, standards, codes,
resolutions and ordinances.
35. Vehicles entering Lot 5 shall be able to park with one turning movement.
Vehicles exiting Lot 5 shall be able to exit forward onto B Street with two turning
movements.
From the Fire Marshal (707) 778-4389
36. Fire sprinkler systems designed and installed in accordance with NFPA-13D are
required. Due to the projects location in the Very High Fire Hazard Severity Zone,
the sprinkler system shall be upgraded to meet the requirements of a fully
sprinklered system. This includes sprinkler protection of the attic, garage, attached
carports, bathrooms over 55 square feet, closets over 24 square feet or 3 feet deep,
and/or other attached structural elements of the building These systems shall be
calculated for two-head activation for the most remote two heads.
37. Post address numbers on or near the main entry door. Numbers are to be a
minimum of four inches high with contrasting background and must be visible from
the street.
38. The address for Lot 5 shall be posted on the residence on or near the main entry
door and at the entrance to the driveway. Numbers shall be a minimum of 4" in
height and lighted or on a contrasting background.
39. No parking shall be allowed in the private driveway on Lot 5. The driveway shall
be posted "No Parking" and/or curbs shall be painted red. A plan shall be submitted
to the Fire Marshal for review and approval.
40. Afire flow test is required to determine the available pressure/water to support
proper function of the system.
Resolution No. 2005-181 N.C.S. Page 5
MITIGATI®N MEASURES
All Mitigation Measures adopted in conjunction with the El Rose Heights Subdivision
and Rezoning Mitigated Negative Declaration which are identified in the Initial Study for
the El Rose Heights Subdivision and Rezoning are herein incorporated.
Under the power and authority conferred upon this Council 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 at a Regular meeting on the 17`x' day of October, form:
2005, by the following vote:
G _
' ity Attorney
AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau ,O'Brien
NOES: None
ABSENT: Torliatt
ABSTAIN: None
f
ATTEST:
City Clerk ayor
Resolution No. 2005-181 N.C.S. Page 6