HomeMy WebLinkAboutResolution 2009-149 N.C.S. 09/14/2009Resolution No. 2009-149 N.C.S.
of the City of Petaluma, California
APP120VING A "TEN~'ATIV~ SUBDIVISION 1VIAP
FOR THE BIRCHES, A 21-LTNIT SINGLE-FAIVIII~Y RESIDEN'I'IAL
SUBDIVIS~ON LOCAT~D AT 870 WOOD SORREL DRNE
APN 137-061-022, PROJECT FILE NO. OS-TSM-0369-C12
WI-IE~AS, the applicant has applied to subdivide a 2.2 acre parcel at 870 Wood Sorrel
Drive into a 21-unit single-family subdivision ("the Project"), and rezone the property to a
Planned Unit District ("PUD") with the associated Unit Development Plan and PUD
Development Standards; and,
WI-IE~AS, the City of Petaluma Planning Commission held public hearings on the
proposed amendment on March 24 and May 12, 2009 after giving notice of said hearing, in the
manner, for the period, ~and in the form required by the City's Implementing Zoning Ordinance;
and,
WHEREAS, the City of Petaluma Planning Commission filed with the City Council its
report set forth in its minutes of March 24 and May 12, 2009 recommending the approval of the
proposed tentative subdivision map subject to conditions of development for the Project to allow
for 21 single-family residential units to be constructed on Assessor's Parcel No. 137-061-022;
and,
WHEREAS, on August 3, 2009, in compliance with the California Environmental
Quality Act ("CEQA"), 14 California Code of Regulations Sections 15000 et seq. ("CEQA
Guidelines") and the City of Petaluma Env~ironmental Guidelines, the City Council adopted
Resolution No_ 2009-136, N.C.S., approving a mitigated negative declaration of environmental
effect for the Project; and,
NOW, TH~REFORE BE IT RESOLVED that this Resolution shall become effective
upon the effective date of Ordinance No. 2343 N.C.S., Approval of Rezoning to a Planned Unit
District (PUD) for The Birches Subdivision, which is th~irty (30) days after the date of the
adoption of said ordinance by the Petaluma City Council.
BE IT' FUR'I'HER RESOLVED that the City Council rnakes the following findings and
approves the proposed Tentative Subdivision Map to subdivide a 2.2 acre parcel at 870 Wood
Sorrel Drive into a 21-unit single-family subdivision for The Birches ("the Project"), subject to
the following conditions of approval:
FINDINGS FOR 'I'ENTATIVE SUBDIVISION 1VIAP:
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.
Resolution No. 2009-149 N,C.S. Page I
2. The proposed subdivision, together with provisions for its design and improvements, is
consistent with the City of Petaluma 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 roads, sidewalks, water, sewer, storm drains, and other infrastructure.
The site is physically suitable for the density (12.5 dwelling units to the net acre) and the
type of development proposed, as the subject 2.2-acre parcel is essentially flat, is without
native/protected trees, is accessible from two public streets, and is immediately abutting
other single-family subdivisions.
4. The design of the subdivision and the proposed improvements will not cause substantial
environmental damage, and 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, environmental impacts that could not be mitigated.
CONDITIONS OF APPROVAI.
TI3E BIRCHES PLANNED iJNIT DEVELOPIVIENT
870 WOOD SOI2REL DRIVE, APN 137-061-022
PROJECT OS-TSM-0369-CR
From the Planning Division (778-4301)
Before issuance of any development 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 and the Mitigation Measures as notes.
2. The plans submitted for building permit review shall be in substantial compliance with
the Unit Development Plan and the Tentative Map date stamped June 1, 2009 and the
revision sheets date stamped July 14, 2009.
All mitigation measures adopted in conjunction with the Mitigated Negative Declaration
for The Birches are herein incorporated by reference as conditions of project approval.
4. Upon approval by the City Council, the applicant shall pay the Notice of Determination
fee to the project Planner. The check shall be made payable to the County Clerk (as of
May 2009 the fee is $50). Planning staff will file the Notice of Determination with the
County Clerk's office within five (5) days of receiving Council approval. The State
Department of Fish and Game has eliminated the fee exemption for projects determined
that have a de minimis effect on fish and wildlife and requires that an environmental
filing fee be paid, (as required under Fish and Game Code Section 711.4d) to the Sonoma
County Clerk on or before the filing of the Notice of Determination (as of May 2009, the
fee is $1,993, contact them at 944-5500 to confirm).
Prior to building permit approval, the plans shall note the installation of high efficiency
heating equipment (90% or higher heating/furnaces) and low NOx water heaters (40 or
less) in compliance with policy 4-P-15D (reducing emissions in residential units). All
residential units designed with fireplaces shall meet the requirements of Ordinance 1881
N.C.S. for clean-burning fuels.
Resolution No. 2009-149 N.C.S. Page 2
6. Prior to building, grading, or demolition permit approval, all plans shall note the
following and all construction contracts shall include the same requirements (or measures
shown to be equally effective, as approved by Community Development Department), in
compliance with General Plan policy 4-P-16:
• Maintain construction equipment engines in good condition and in proper tune per
manufacturer's specification for the duration of construction;
• Minimize idling time of construction related equipment, including heavy-duty
equipment, motor vehicles, and portable equipment;
• Use alternative fuel construction equipment (i.e., compressed natural gas, liquid
petroleum gas, and unleaded gasoline);
~ Use add-on control devices such as diesel oxidation catalysts or particulate filters;
• Use diesel equipment that meets the ARB's 2000 or newer certification standard for
off-road heavy-duty diesel engines;
• Phase construction of the project; and
~ Limit the hours of operation of heavy duty equipment.
7. Prior to the Planning Commission's design review hearing, the applicant shall submit the
GreenPoints Checklist showing that the project is designed to achieve at least 50
GreenPoints under that cycle's residential Build It Green program; the applicant is hereby
required to implement the measures that result in water reduction and hot water
distribution efficiency. Prior to building permit issuance, the Checklist shall be submitted
and the building permit plans shall depict/note the relevant measures. Prior to building
permit final, each house shall be GreenPoint Rated.
8. Prior to building permit approval, plans for each house shall include pre-wiring for solar
facilities, in accordance with Council Resolution 2005-151, and subject to staff review and
approval.
9. Prior to the PC design review hearing, the arborist shall review the current plan set
showing widened curb returns (required by Fire) and evaluate how many of the Yarberry
Drive sycamore street trees are not preservable and shall identify the replacement
location for an equal number of at least 24-inch box size sycamores (Platanus acerifolia
Bloodgood). The replacement location shall be as neighbarhood street trees, with priority
to continued placement at Parcels C and D of Meadow Park Unit 1, such as where space is
available near the Lots 16 and 17 shared property line and behind lot 14. Planting
conditions shall also be specified by the arborist and incorporated as conditions of approval
(method of hole digging, type of soil amendment, method of staking, depth of mulching,
use of water bags, etc).
10. Prior to Final Map and Improvement Plan approval, the plans shall be modified to show
protective construction fencing at the drip line of the offsite redwood trees along Yarberry
Drive (where the dripline is within the project site or adjacent to right of way
modifications) and the plans shall note that the existing grade shall be maintained within
that fenced area. Drainage swales and all underground work shall be routed outside the
dripline where possible. Contractors and subcontractors shall direct all equipment and
personnel to remain outside the fenced area at all times until project is complete. The
drainage swale proposed at the rear of lots 12 through 21 shall not exceed 6 inches in depth
and the tree-side edge of the trench shall be offset from the rear property line by at least 5
feet, per the arborist letter dated November 9, 2005 and the Horticultural Associates Tree
Resolution No. 2009-149 N.C.S. Page 3
Preservation Guidelines. Prior to issuance of any grading or building permit, this
construction-phase protective fencing shall be erected. The fencing shall be a minimum
of 5 feet in height and shall be cyclone secured with in-ground posts. Proof that the
fencing has been installed shall be made to Planning staff by photographs.
11. Prior to issuance of any grading or building permit:
a. The arborist shall visit the site and confirm in writing which redwoods have an 18-inch
or greater trunk diameter. (Redwood trees of this size are "protected" trees pursuant to
Chapter 17 of the City's Implementing Zoning Ordinance.)
b. A security deposit shall be posted to cover the value of any off-site redwood (such as
number 9) which has an 18-inch or great trunk diameter.
See section 17.060F for further details.
12. Prior to the PC design review hearing, the landscape plan shall be further detailed to reflect
which listed tree is proposed at which location. Furthermore, it shall be modified so that
the birch trees shown are replaced with another accent tree and that the sod lawn shown is
eliminated (Mow Free grasses, a tall, low water use grassy groundcover which can be left
unmowed or mowed a couple of times a year may be considered).
13. Prior to issuance of any grading or building permits, Planning Commission shall review
and approve the house designs, the PUD Development Standards, the colors and
materials, the landscaping plan, any signage, and lighting. Specifically, SPARC shall:
a. Ensure adequate treatment to enhance privacy and sound mitigation far Allegheny
Court residences between the turn-around and the Derby property line.
b. Ensure that the sound fence (Lots 1 and 16-21) is designed to deter graffiti.
14. Prior to the PC design review hearing, the plans shall be revised to show Alternate House
Plan "5 Alt" (a one-story, 1,460 sguare foot plus one-car garage home) at lots 14 and 19.
1 S. Prior to the PC design review hearing, the PUD Development Standards shall be revised to
read Planning Staff instead of Community Development Department and Planning Director
instead of CDD Director. The second line on page S shall state 50 square feet. Page 5 VIII
E shall be modified by striking the second half of the first sentence so that it reads simply
"All trees shall be a minimum of 15 gallons in size." Page 7 IX D shall state that "High
and moderate value trees in good condition (as identified under the arborist report for the
subdivision) and those off-site on Yarberry Drive proposed for retention but subsequently
damaged or removed during the course of construction shall be replaced by the developer
on a one-to-one trunk diameter basis (pursuant to the IZO chapter 17) with each
replacement tree being at least a 24-inch box size. Replacement species shall be in-kind or
as recommended by the arborist and approved by staff, at a location(s) recommended by
the arborist and approved by staff. In-lieu replacement may be permitted by staff in the.
event the area is unable to accommodate additional trees, subject to 17.065A.3.c.4." The
parking chart at XII shall be revised to reflect the reduced parking for the one-story house
locations.
16. All grading and construction activities shall be limited to the hours between 8:00 am and
5:00 pm, Monday through Friday, and Saturday between 9:00 am and 5:00 pm. No
Resolution No. 2009-149 N.C.S. Page 4
construction work shall be permitted on City recognized holidays or Sundays. Delivery
of material or equipment to the site and truck traffic to the site for any purpose shall be
limited to non-holiday weekdays between the hours of 8:00 am and 5:00 pm. Any
necessary on-site cleaning or servicing of machinery shall be limited to non-holiday
weekdays between 8:00 am and S:OOpm. This condition supersedes and is more
restrictive than those identified in the Noise Study and the Development Standards. See
also Noise Mitigation Measure 3 for additional restrictions, including the designation of a
noise disturbance coordinator.
17. Herbicides/pesticides shall not be applied in areas used by pedestrians/bicyclists within
the project without first providing appropriate signs warning of the use of chemicals. The
project shall utilize Best Management Practices regarding pesticide/herbicide use and
fully commit to Integrated Pest Management techniques for the protection of bicyclists
and pedestrians.
18. All lighting shall be glare-free, hooded and downcast in order to prevent glare into
bicyclists' and pedestrians' eyes.
19. In the event that archaeological remains are encountered during grading, work shall be
halted temporarily and a qualified archaeologist shall be consulted for evaluation of the
artifacts and to recommend future action. The local Native American community shall
also be notified and consulted in the event any archaeological remains are uncovered.
20. The applicant shall defend, indemnify and hold harmless the City and its officials,
boards, commissions, agents, officers and employees ("Indemnitees") from any claim,
action or proceeding against Indemnitees to attack, set aside, void or aru7ul any of the
approvals of the project to the maximum extent permitted by Government Code section
66477.9. To the extent permitted by Government Code section 66477.9, the applicant's
duty to defend, indemnify and hold harmless in accordance with this condition shall
apply to any and all claims, actions or proceedings brought concerning the project, not
just such claims, actions or proceedings brought within the time period provided for in
applicable State and/or local statutes. The City shall promptly notify the subdivider of
any such claim, action or proceeding concerning the subdivision. The City
shall cooperate fully in the defense. Nothing contained in this condition shall prohibit
the City from participating in the defense of any claim, action, or proceeding, and if the
City chooses to do so, applicant shall reimburse City for attorneys' fees and costs
incurred by the City to the maximum extent permitted by Government Code section
66477.9.
From the Engineering Division (778-4301):
The following conditions shall be addressed at final map and improvement plan application.
21. Frontage Improvements
a. Remove and replace any broken or displaced curb, gutter, sidewalk, vaults and curb
inlets.
b. Remove and replace all existing driveway approaches with City standard curb and
gutter.
c. Retrofit the existing pedestrian ramp the corner of Wood Sorrel and Yarberry Drive
to be ADA compliant. Install a crosswalk across Wood- Sorrel at Yarberry Drive.
Resolution No. 2009-149 N.C.S.
Page 5
d. Provide painting, striping and traffic signs as indicated and as necessary.
22. Grading
a. Grading shall conform to the geotechnical investigation report specific to this
development.
b. An erosion and sediment control plan shall be submitted with the subdivision
improvement plans. All measures shall be employed per the City Storm
Water/Grading and Erosion Control Ordinance.
c. The developer shall be responsible for funding, through the project cost recovery
account, all City required storm water quality inspections.
23. Private Street
a. The minimum private street pavement section shall be 4-inches of asphalt concrete
over 12-inches of class 2 aggregate base.
b. The project driveway approach on Yarberry Drive shall be revised to match the
proposed Wood Sorrel entrance.
c. Provide ADA accessibility within Parcel A(sidewalks, pedestrian ramps, etc.).
d. Provide a private street light system within Parcel A which will be maintained by the
homeowners association.
e. The private street configuration, widths, parking and curb painting shall be
constructed as proposed on the tentative map and incorporating the changes in these
conditions of approval.
f. Install no parking signs and paint curbs as necessary, including the turnaround area,
and as indicated on the tentative map.
24. Water, Sanitary Sewer and Storm Drain Systems
a. The storm drain system shall be private and privately maintained. Maintenance
responsibility shall extend to the connection point with the public storm drain system.
A funding mechanism and source shall be established within the project CC&R's to
ensure perpetual maintenance of the private storm drain system. The CC&R' S shall
be approved by the City Engineer prior to recordation of the Final Map.
b. Abandon any existing unused water and sewer services along both street frontages.
c. The water main system shall be public and capable of delivering a continuous fire
flow as required by the Fire Marshal.
d. The storm drain system design shall be reviewed and approved by the Sonoma
County Water Agency.
e. All new services shall be 1.5-inches in diameter with 1-inch meters.
f. The project shall comply with the City landscape/irrigation efficiency requirements.
g. The project shall comply with the City of Petaluma Phase II Storm Water
Management Plan including attachment four post construction requirements. The
homeowners association shall be responsible for providing a yearly inspection and
maintenance report for the proposed storm drain separator.
h. The applicant shall install "No dumping, drains to river" placards on all new public
and private catch basins per City storm water program requirements.
Resolution No. 2009-149 N.C.S. Page 6
25. Easements
a. All necessary easements shall be dedicated on the final map.
b. Parcel A shall include private access, emergency vehicle access, private storm drain,
private surface drainage, public sanitary sewer, and public water main easements.
~26. Miscellaneous
a. A homeowner's association (HOA) and conditions, covenants and restrictions
(CC&R'S) shall be required for any shared utilities or facilities, including but not
limited to storm drainage, sanitary sewer, and access. The CC&R' S shall identify the
utility or facility to be maintained, the parties responsible for maintenance and the
funding mechanism for maintenance, xeplacement and repair. The CC&R'S shall be
reviewed and approved by the City Engineer and staff prior to recordation.
b. Prepare final map and improvement plans per the latest City policies, standards,
codes, resolutions and ordinances. Final map fees and technical review deposits shall
be required at the time of the application submittal.
c. Tl~e developer~ shall submit a 1:1 to scale digital file of the record subdivision
improvement plans and final map prior to acceptance of the subdivision.
d. A subdivision agreement and the necessary surety are required prior to final map
approval.
e. All new vaults and other electrical, gas, and communications infrastructure shall be
installed underground.
f. The developer shall submit joint trench plans for the proposed public utility desigri,
including relocation of any existing conduits and vaults. The joint trench plans are
subject to the approval by the City Engineer prior to final map approval.
From the Fire Marshal (778-4398)
27. The Fire Prevention Bureau conditionally approves TM-5 design for fire truck access.
Prior to approval of final map, the red curbs shown on this sheet shall be adjusted to
include all curbs except those portions in front of each driveway and for the turnouts.
28. Prior to approval of final map, for the turnout parking, radius the curb approach and
departure so vehicle would avoid striking the 90° curb angle.
29. A fire sprinkler system designed and installed in accordance with NFPA13-D is required
for Lots 10 to 13 in this project proposal. Due to the lack of a standard turnaround, the
sprinkler systems must be upgraded to meet the requirements of a FULLY
SPRINKLERED system. This includes sprinkler protection of the attic, garage, attached
carports, bathrooms over 55 sq. ft., closets over 24 sq. ft. or 3 ft. deep, and/or other
attached structural elements of the building. The system shall be calculated for a two-
head activation in the attic.
30. Fire sprinkler systems designed and installed in accordance with NFPA 13-D are required
in residential structures; bathrooms over 55 square feet, closets over 24 square feet, or 3
feet deep, and other attached structures. These systems shalI be calculated for two-head
activation for the most remote two heads.
Resolution No. 2009-149 N.C.S. Page 7
From the Water Resources and Conservation Department (778-4699)
31. Prior to SPARC review, the landscape plans shall be submitted to the Department for
Water Conservation Ordinance review and direction.
32. Prior to building permit issuance, the landscape plans shall be submitted to the
Department for Water Conservation Ordinance review and approval.
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 r ed s to
Council of the City of Petaluma at a Regular meeting on the 14`h day of September, fo~
2009, by the following vote: (
AYES: Vice Mayor E3arrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
City
Resolution No. 2009-149 N.C.S: Page 8