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HomeMy WebLinkAboutResolution 2005-054 N.C.S. 04/04/2005 .Resolution No.2oos-054N.C.S. of the City of Petaluma, California APPROVAL OF THE VESTING TENTATIVE. SUBDIVISION MAP FOR WOODRIDGE SUBDIVISTON WHICH WOULD ALLOW FOR 5 RESIDENTIAL LOTS AND A PRIVATE STREET LOCATED AT '804 6T" STREET, APN 008-232-055 WHEREAS, by Ordinance No. 2206 N.C.S., Assessor's Parcel Number 008-232-055 comprising 2.77 ACRES, has been rezoned to Planned Unit District; and, WHEREAS, by action taken on September 28 and November 23, 2004, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve the Vesting Tentative Subdivision Map for 5 residential lots and a private street, date stamped March 28, 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. 2005-053 N.C.S., approving a Mitigated Negative Declaration to address potential impacts of the :Woodridge Rezoning and Subdivision project; and, WHEREAS, the City Council considered the Woodridge subdivision proposal on April 4, 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 Vesting Tentative Subdivision Map subject to the following Findings and Conditions of Approval: FINDINGS 1. The proposed Vesting 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 detrirriental to the public health, safety, or welfare in that adequate public facilities exist or will be installed, including water, sewer, storm drains, and other infrastructure. 3. The site is physically suitable for the density and the type of development proposed. Resolution No. 2005-054 N.C.S. 4. 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. 5. The most logical development of the subject property requires that Parcels 1-4 be accessed via a new private street with access from Olive Street in that the private street is an extension and improvement of the existing access to the site, the site has been designated for development by the Gerieral Plan, the project results in the lowest density allowed under the General Plan, and the design of the private street has been reviewed by the Fire Marshal and City Engineer and determined to be adequate. CONDITIONS OF APPROVAL From City Council 1. Prior to submittal of improvement plans, the applicant shall work with the project traffic engineer to identify appropriate traffic calming measures to reduce the speed of vehicles on the private street. Traffic calming measures shall be included on improvement plans and are subject to Fire Department and Community Development Department review and approval. 2. Review of the PUD Guidelines by the Site Plan and Architectural Review Committee shall include the following: A. Consideration of appropriate tree preservation measures in order to retain existing on site trees. B. An appropriate tree replacement ratio in the event that tree removal is necessary. From the Planning Division (778-4301) 3. 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 Permit plans to list these Conditions of Approval as notes. 4. 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 Landscaping and Fencing Plan date stamped March 28, 2005, except as modified by these conditions of approval. Resolution No. 2005-054 N.C.S. Page 2 5. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Woodridge Rezoning and Tentative Subdivision Map project are herein incorporated by reference as conditions of project approval. 6. 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. 7. Prior to final map approval, the Site Plan and Architectural Review Committee shall review the site plan design, the final PUD Guidelines, and landscaping, fencing, and lighting plan. 8. All of the General Tree Preservation. Guidelines and the recommendations for individual trees included in the arborist's report date stamped February 4, 2004 and the supplemental letters date stamped April 14, 2004, July 12, 2004 and September 10, 2004 are included as conditions and mitigations measures for the project. 9. On the improvements plans, the utilities (storm drain, sanitary sewer, etc.) and concrete ditch on Lot 4 shall be relocated so that they do not encroach into the . dripline of Tree #20. The location of the utilities and ditch. is subject to staff review and approval. 10. On the improvements plans, the water main shall be relocated so that encroachment into the driplines of Trees #1 through #15 is limited. The location of the water main is subject to staff review and approval. 11. On the improvement plans, the existing grade shall be maintained within the fenced portion of the dripline of the trees as recommended in the arborist's report. 12. On the improvement plans, the location and numbering of trees #14 and #15 shall be consistent with the location and numbering of trees as shown on the site plan included in the arborist's report date stamped February 4, 2004. 13. Improvements plans shall include the location of all protective tree fencing. The fencing shall be cyclone and 5' in height. The location of the fencing shall be consistent with the location recommended in the arborist's report from Horticultural Associates date stamped February 4, 2004. All fencing is subject to staff review and. approval. 14. Prior to approval of final map and improvements plans, the CC & R's for the project shall be reviewed and approved by staff. 15. The approved fencing shall be installed prior to the commencement of any grading or construction and shall remain in place until the completion of the subdivision improvements. ResolutionNo. 2005-054 N.C.S. Page 3 16. Any tree pruning required in order to install the improvements required for the subdivision shall be reviewed by the project arborist and reviewed and approved by staff. The work shall be done by or under the supervision of the project arborist. 17. Trees shown as "to be removed" on the approved plans shall be replaced at a ratio of three (3) trees per interior lot (Lots 2, 3, and 4) and four (4) trees per corner lot (Lot 1). These mitigation trees are in addition to the trees shown on the landscaping plan and shall be installed as part of the development of Lots 1-4. 18. Removal of any trees not identified as "to be removed" is subject to staff review and approval. The replacement ratio and species shall be recommended by the project arborist and reviewed and approved by staff. 19. Construction hours are limited to Monday through Friday from 8:00 a.m. to 5:00 p.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. 20. 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. 21. Delivery of materials or equipment is limited to Monday through Friday (non- holiday) between 7:30 a.m. and 5:00 p.m. 22. Machinery shall not be cleaned past 6:00 p.m. or serviced past 6:00 p.m. Monday through Friday. 23. All construction equipment powered by internal combustion engine shall be properly mufflered and maintained. 24. Equipment shall be turned off when not in use. Unnecessary idling of internal combustion is prohibited. 25. 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. 26. Quiet construction equipment, in particular air compressors, shall be used whenever possible. 27. The project applicant shall designate a "noise disturbance coordinator", such as the contractor or contractor's representative, who is responsible for responding to any local complaints about construction noise. The disturbance coordinator shall Resolution No. 2005-054 N.C.S. Page 4 determine the cause of the noise complaint (e.g. starting too early, bad muffler, etc.) and take measures to correct the problem. 28. 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. 29. 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. 30. Construction and demolition debris shall be recycled to the maximum extent feasible in order to minimize impacts on the landfill. 31. Lots 1-4 shall have Olive Street addresses. The applicant shall apply for the individual lot addresses prior to final map approval. 32. Prior to City Council review of the project, the applicant shall submit a noise study for the project that includes an evaluation of the increase in noise due to project generated traffic. 33. 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. 34. 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 attorneys fees by the City. From the Cites i~neer (707) 778-4301 Prior to improvement. plan. and final map approval, the following Engineering conditions shall be met: Resolution No. 2005-054 N.C.S. Page 5 35. Site grading shall conform to the recommendations of the Geotechnical Investigation report. Prepare and submit the required documents for erosion control and surface water quality during and following construction. 36. Off-site street and gutter repair shall be constructed as indicated on the tentative map. 37. The proposed water main system shall be public and have the capacity to deliver a continuous fire flow as designated by the Fire Marshal. 38. New water services shall be 1.5-inches in diameter with a 1-inch meter. 39. All utility distribution facilities, including but not limited to, electrical, communication and television shall be placed underground. 40. Maintenance documents shall be prepared and recorded for the private road, private sanitary sewer system and private storm drains. 41. Improvement plans and final map shall be prepared according to the latest City policies, codes, ordinances, resolutions and standards. From the Fire Marshal (707) 778-4389 42. The design of the private road shall be consistent with the plans for the private road. reviewed by the Fire Marshal's office. Any modifications to these plans require approval from the Fire Marshal and Community Development Department. 43. The project shall include signs indicating that parking is prohibited at the hammerhead turnarounds adjacent to Lot 4 and the driveway to 121 Olive Street. The language for the signs is subject to review and approval by the Fire Marshal. 44. Fire sprinkler systems designed and installed in accordance with NFPA-13D 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 shall be calculated for two-head activation for the most remote two heads. 45. Install fire hydrants every 300 lineal feet. No structure shall be in excess of 150 feet from a fire hydrant. The last fire hydrant on the main shall be relocated from the east end of the hammerhead to the west end closer to Lot 4. The location of fire hydrants is subject to staff review and approval. 46. The minimum fire flow for this project is 1,000gallons per minute at a minimum of 26.9 psi. 47. Article 9 of the California Fire Code requires the height clearance to be a minimum of 13' 6". Compliance with this requirement may require pruning of onsite trees. Resolution No. 2005-054 N.C.S. Page 6 From the Police Department 48. An address monument for Lots 1-4 shall be placed at the Olive Street entrance to the private street and shall list the addresses for lots 1-4. 1VIITIGATION 1VIEASURES All Mitigation Measures adopted in conjunction with the Woodridge Subdivision and Rezoning Mitigated Negative Declaration which are identified in the Initial Study for the Woodridge 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) (Adjourned) (Special) meeting - for on the .........4.~h day of .......A.lard......................................, 20.QS., by the • following vote: y•••••••• Ci Attorne AYES: Mayor Glass, Vice Mayor Harris, Nau, O'Brien, Torliatt NOES: Healy ABSENT: Canevaro ATTEST: City Clerk ayor Council File Res. No.......20Q5-OSA.........N.C.s.