Item 11 on today's agenda will be moved to February 8, because the on -site public hearing sign was not visible enough.

Transcription

1 Attachment 6 1 CITY OF SANTA ROSA PLANNING COMMISSION REGULAR MEETING MINUTES THURSDAY JANUARY 11, :00 PM REGULAR MEETING SESSION (CITY COUNCIL CHAMBER) 1. CALL TO ORDER Chairman Bartley called the meeting to order at 4:07 PM. 2. ROLL CALL Commissioners present: Commissioners Arendt, Caston, Cisco, Duggan, Poulsen, Walsh, and Chairman Bartley. Commissioners absent: None. Staff Present: Marie Meredith, Deputy Director Community Development Planning; Anette Niewald, Administrative Secretary. 3. APPROVAL OF MINUTES The minutes of December 14, 2006 were approved with corrections to Item #4. 5) (Bartley, Cisco, Duggan, Walsh, Caston) Abstentions ( 2) (Arendt, Poulsen) 4. PUBLIC APPEARANCES Julia Prange from Sonoma County Development Accountable Development Coalition addressed the Commission with an invitation to attend a transit oriented workshop. Kay Tokerud spoke on transit in the bay area. 5. 4:15 DEPARTMENT REPORT Marie Meredith stated that all agenda items are ex parte except item 14 and 16. She also gave information on the League of California Cities and encouraged the Commission to attend. The conference would also displace the second Planning meeting in March but indicated there would be a fifth week in March (March 29) in the event a second meeting was needed that month and encouraged the Commission to hold that date. She stated that there would be no meeting January 25, as there are no items to be heard. Item 11 on today's agenda will be moved to February 8, because the on -site public hearing sign was not visible enough. 6. PLANNING COMMISSIONERS' REPORT Planning Commission Minutes of January 11, 2007 Page 1 of 9

2 Commissioner Walsh welcomed the new commissioners. Commissioner Cisco gave a report on her attendance at an informational meeting on the Bike and Pedestrian Master Plan. Chairman Bartley reported on his attendance at the grand opening of Olive Grove, a Burbank Housing Project. Chairman Bartley also reviewed the committee appointments stating that Commissioner Cisco will remain on the Subdivision Committee; Commissioner Poulsen will remain on the Creek Committee. He appointed Commissioner Arendt to the Art in Public Places Committee and lastly, Commissioner Walsh has agreed to serve on the unofficial Memorial Hospital Liaison Committee. 7. STATEMENTS OF ABSTENSION BY COMMISSION MEMBERS Commissioner Arendt will be abstaining from Item 12 due to his absence at the last meeting and Item 14 due to business relationships. Commissioner Poulsen will abstain from Item 4 due to the fact that the list includes six or seven LLC's and that the list may include names that may have given political donations or that he has done business with. He will also abstain from Item 16 as his company has property near a creek. Commissioner Walsh will abstain from Item 16 as he lives within 500 ft of Poppy Creek. Chairman Bartley will abstain from. Item 10 as a client from his firm has property within the area; from Item 14 as a client of his has property in the business park; and from Item 16 as he lives within 500 ft of Lornadell Creek. 8. CONSENT AGENDA 9. CONTINUED PUBLIC HEARING CONDITIONAL USE PERMIT FOR CHEVRON STONY POINT 750 STONY POINT ROAD FILE NO. CUP Commissioner Cisco made Ex Parte disclosures. Commissioner Walsh made Ex Parte disclosers. All commissioners visited the site. City Planner, Jessica Jones gave the staff report. 4:28 PM Commissioner Arendt has a client in area and leaves the chamber at this time. 4:30 PM Chevron Representative, Bruce Evans gave a presentation. 4:35: 26 PM Bob Eggan, Security Advisor gave a report. 4:37: 20 PM Bruce Evans continued with his presentation. 4:40: 27 PM Commissioners question the representative. Public Hearing 4:41: 14 PM Greg Parker spoke in opposition, has photos depicting conditions on Joe Rodota Trail. 4:45: 11 PM Carol Dean, 332 Decker Street, spoke in opposition. Planning Commission Minutes of January 11, 2007 Page 2 of 9

3 4:47: 51 PM Guy Dean, 332 Decker Street, spoke in opposition. 4:50: 03 PM Kay Tokerud, 366 Howard St. spoke in support. Applicant responds to Public Hearing. 4:53: 37 PM Commissioner's Discussion ensues. 5:05: 31 PM Staff reviewed findings in the draft resolution identifying items that could not be supported per Planning Commission discussion as: C (location not appropriate); E a nuisance) and D (because of vacant lot, not suitable). Commissioner Cisco made a motion and Commissioner Caston seconded to deny the request with a resolution to be brought back at the next meeting for adoption. 6) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston) Abstentions ( 1) (Arendt) Commissioner Arendt returned to the chambers and Chairman Bartley leaves at this time :08: 05 PMPUBLIC HEARING FOUNTAINGROVE VILLAGE EXTENSION 2055 STAGECOACH RD FIRST ONE -YEAR EXTENSION ON AN APPROVED TENTATIVE MAP AND CONDITIONAL USE PERMIT FILE NO. MAJ AND CUP City Planner Jessica Jones gave the staff report. 5:11: 43 PM All Commissioners visited the site. Jim Hummer 703 Second Street representing CarCo gaveà presentation. 5:12: 28 PM Public Hearing none 5:12: 41 PM Commissioner's Discussion ensues. Commissioner Walsh moved and Commissioner Poulsen seconded to approve Resolution Number 11053: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA GRANTING A ONE -YEAR EXTENSION OF TIME FOR THE FOUNTAINGROVE VILLAGE CONDITIONAL USE PERMIT - LOCATED AT 2055 STAGECOACH ROAD - FILE NUMBER CUP ) (Cisco, Walsh, Poulsen, Duggan, Caston, Arendt) Abstentions ( 1) (Bartley) Planning Commission Minutes of January 11, 2007 Page 3 of 9

4 11. PUBLIC HEARING MINWATH SUBDIVISION EXTENSION AVALON AVENUE FIRST ONE -YEAR EXTENSION OF AN APPROVED TENTATIVE MAP AND CONDITIONAL USE PERMIT. FILE NO. MINO3-013 AND CUPO Chairman Bartley returned to the chambers and Commissioner Poulsen and Commissioner Arendt left at this time :13: 56 PMCONTINUED PUBLIC HEARING TENTATIVE MAP AND SMALL LOT CONDITIONAL USE PERMIT FOR WESTBOROUGH FILE NO. MJP Ex Parte Disclosures made: Commissioner Caston spoke with members of the applicant. Commissioner Cisco met with the applicants. Commissioner Walsh had several phone calls with the applicant. Commissioner Duggan met with Councilmember Gorin, the applicant and some of the neighbors. Chairman Bartley met with the applicants. All visited the site. 5:15: 51 PM City Planner, Gillian Hayes gave the staff report. 5:22: 44 PM The applicant Kathy Austin, 524 South Main Street, Sebastopol, made a presentation. 5:36: 53 PM Parker Smith, 401 Haven Ct., Sebastopol, presented the landscape plan. 5:39: 12 PM Public Hearing none 5:39: 30 PM Commissioner's Discussion ensues regarding some type of stipulation be made in order to ensure the preservation of the Oak tree. 5:47: 57 PM City Planner, Gillian Hayes responds to Commissioner's discussion. 5:51: 34 PM Commissioner Poulsen moved a motion and Commissioner Cisco seconded to approve Resolution Number 11054: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE TENTATIVE MAP AND SMALL LOT CONDITIONAL USE PERMIT FOR WESTBOROUGH LOCATED AT 1715 & 1801 RIDLEY AVENUE FILE NUMBER ASSESSOR'S PARCEL NUMBER(S') & 036- MJ P ) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston) Abstentions ( 1) (Arendt) Planning Commission Minutes of January 11, 2007 Page 4 of 9

5 n Commissioner Poulsen moved and Commissioner Cisco seconded to approve Resolution Number adding condition #15 A Class 3 bike route shall be signed on the Ridley Avenue frontage: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING THE WESTBOROUGH TENTATIVE MAP LOCATED AT 1715 & FILE NUMBER MJP ) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston) Abstentions ( 1) (Arendt) Commissioner Poulsen Moved and Commissioner Cisco seconded to approve Resolution Number 11056: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA MAKING FINDINGS AND DETERMINATIONS AND APPROVING A SMALL LOT SUBDIVISION CONDITIONAL USE PERMIT FOR WESTBOROUGH - LOCATED AT 1715 & 1801 RIDLEY AVENUE - FILE NUMBER CUP ) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston) Abstentions ( 1) (Arendt) 5:53: 37 PM Recess called 13. 6:00: 29 PMPUBLIC HEARING T- MOBILE CELL SITE 7 COLLEGE AVENUE INSTALLATION OF 60 -FOOT GALVANIZED STEELE MONOPOLE FILE NO. MNP All visited the site. 6:01: 00 PM City Planner Jessica Jones gave the Staff Report. 6:08: 15 PM Applicant, Jim Cosgrove gave a presentation. 6:09: 45 PM Public Hearing 6:09: 53 PM Linda Berg of Sebastopol opposes. 6:14: 11 PM Kay Tokerud, 716 Howard Street, opposes. 6:16: 02 PM Applicant responds to Public Hearing comments. 6:17: 21 PM Commissioner's discussion ensues. Planning Commission Minutes of January 11, 2007 Page 5 of 9

6 6:21: 46 PM Commissioner Poulsen moved a motion and Commissioner Walsh seconded to approve Resolution Number with an added condition to item 14 The monopole shall be painted a steel grey color and continuously maintained by the property owner: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA MAKING FINDINGS AND DETERMINATIONS AND APPROVING A CONDITIONAL USE PERMIT FOR THE T- MOBILE CELL SITE TO INSTALL A 60- FOOT TALL GALVANIZED STEEL MONOPOLE, WHICH WILL SUPPORT SIX (6) ANTENNAS CONCEALED WITHIN THE MONOPOLE, AND ASSOCIATED EQUIPMENT - LOCATED AT 7 COLLEGE AVENUE - FILE NUMBER MNP Abstentions ( 0) 7) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston, Arendt) 14. 6:23: 40 PMPUBLIC HEARING NORTHPOINT CORPORATE CENTER AMEND THE SANTA ROSA ZONING CODE CHAPTER (INDUSTRIAL ZONING DISTRICTS) FILE NO. REZ Chairman Bartley, Commissioner Poulsen, and Commissioner Arendt left the chambers at this time. 6:24: 06 PM City Planner Jessica Jones gave the Staff Report. 6:28: 29 PM Applicant, Joan Woodard, gave a presentation. 6:30: 05 PM Public Hearing none 6:30: 16 PM Commissioner's discussion ensues. 6:32: 11 PM Commissioner Walsh Moved a motion and Commissioner Duggan seconded to approve Resolution Number 11058: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE ZONING CODE AMENDMENT AFFECTING PARCELS WITHIN BUSINESS PARK ZONING DISTRICT, FILE NO. REZ ) (Cisco, Walsh, Duggan, Caston) Abstentions ( 3) (Bartley, Poulsen, Arendt) 6:33: 09 PM Chairman Bartley, Commissioner's Poulsen and Arendt returned to the chambers at this time. Planning Commission Minutes of January 11, 2007 Page 6 of 9

7 15. 6:33: 35 PMPUBLIC HEARING FULTON OAKS SUBDIVISION REZONE CONDITIONAL USE PERMIT, SUBDIVISION 1530 FULTON ROAD FILE NO. MJP Ex Parte Disclosures:_ Commissioner Caston spoke with Planning Commissioner Firch about sounds wall. All visited the site. 6:34: 02 PM City Planner Karen Mantele gave the staff report. 6:42: 43 PM Applicant, Shaun Faber made a presentation. 6:47: 21 PM Becky Duckles, project arborist gave a presentation. 6:52: 00 PM Public Hearing 6:52: 14 PM John Viero, opposes. 6:55: 06 PM Kay Tokerud commented. 6:56: 15 PM Applicant responds to the Public Hearing comments. 6:57: 53 PM Commissioner's discussion ensues. 7:07: 54 PM Commissioner Poulsen moved and Commissioner Cisco seconded a motion to approve Resolution 11059: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE TENTATIVE MAP, SMALL LOT CONDITIONAL USE PERMIT, AND REZONE FOR FULTON OAKS SUBDIVSION LOCATED AT 1530 FULTON ROAD - ASSESSOR'S PARCEL NUMBER(S) FILE NUMBER MJP Noes: ( Abstentions ( 0) 6) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston) 1) ( Caston) Commissioner Poulsen moved a motion and Commissioner Cisco seconded to approve Resolution Number 11060: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA RECOMMENDING TO CITY COUNCIL REZONING OF PROPERTY LOCATED AT 1530 FULTON ROAD FROM THE PD DISTRICT TO THE R -1-6 DISTRICT - FILE NUMBER REZ Abstentions (0) 7) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston, Arendt) Planning Commission Minutes of January 11, 2007 Page 7 of 9

8 Commissioner Poulsen Moved and Commissioner Cisco seconded to approve Resolution Number 11061: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING THE FULTON OAKS SUBDIVISION TENTATIVE MAP LOCATED AT 1530 FULTON ROAD - FILE NUMBER MAJ ) (Bartley, Cisco, Walsh, Duggan, Poulsen, Arendt) Noes: ( Abstentions ( 0) 1) (Caston) Commissioner Poulsen moved and Commissioner Cisco seconded to approve Resolution Number 11062: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA MAKING FINDINGS AND DETERMINATIONS AND APPROVING A CONDITIONAL USE PERMIT FOR FULTON OAKS SUBDIVISION - LOCATED AT 1530 FULTON ROAD - FILE NUMBER CUP Noes: ( Abstentions ( 0) 6) (Bartley, Cisco, Walsh, Duggan, Poulsen, Arendt) 1) (Caston) 16. 7:10: 45 PMPUBLIC HEARING REPORT SANTA ROSA CITYWIDE CREEK MASTER PLAN REVIEW OF PUBLIC REVIEW DRAFT OF CITYWIDE CREEK MASTER PLAN. FILE NO. ST Chairman Bartley and Commissioner's Poulsen and Walsh left the chambers at this time. 7:11: 26 PM City Planner Clare Hartman gave the Staff Report. 7:12: 30 PM Public Works representative, Sherry Emerson gave a presentation. 7:26: 58 PM Public Hearing Kay Tokerud, 716 Howard Street, opposes. 7:31: 01 PM Commissioner's discussion ensues :37: 27 PMPUBLIC HEARING BICENTENNIAL ESTATES HILLSIDE DEVELOPMENT PERMIT AT 3450 LAKE PARK DRIVE, LOTS 1, 2,7 & 12. FILE NO. HDP Chairman Bartley and Commissioner's Poulsen and Walsh returned to the chambers. All visited the site. Planning Commission Minutes of January 11, 2007 Page 8 of 9

9 1 Chairman Bartley commented that due to lack of elevation and grading maps that this item be continued to another date. Commissioner Cisco moved a motion and Commissioner Poulsen seconded to continue Item 17 to February 8, due to lack of elevation and grading maps. Abstentions ( 0) 7) (Bartley, Cisco, Walsh, Duggan, Poulsen, Caston, Arendt) 18. ADJOURNMENT Chairman Bartley adjourned the meeting at 7:38 p.m. to the regular Planning Commission Meeting to be held at 4:00 p.m. in the City Council Chamber at Santa Rosa City Hall on Thursday February 8, PREP ED BY: Anette Niewald, Recording Secretary ATTEST: APPROVED BY: Chuck Regale, Executive Secretary Chairman Bartley Planning Commission Minutes of January 11, 2007 Page 9 of 9

10 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE TENTATIVE MAP AND SMALL LOT CONDITIONAL USE PERMIT FOR WESTBOROUGH LOCATED AT 1715 & 1801 RIDLEY AVENUE - ASSESSOR'S PARCEL NUMBER(S) & FILE NUMBER MJP WHEREAS, the Environmental Coordinator has conducted an initial study on the possible environmental consequences of the proposed Tentative Map and Small Lot Conditional Use Permit project, which study was initially completed October 18, 2006; and WHEREAS, the study, in its final form, did not identify any significant effects on the environment which would result from the proposed use permit provided certain mitigation measures therein identified and listed were adopted and implemented; and WHEREAS, the Environmental Coordinator, based on the Initial Study, determined that any potential environmental effects of the proposed Tentative map and Small Lot Conditional Use Permit have been clearly mitigated by the identified mitigation measure to the point where no significant environmental effects would occur and the Environmental Coordinator, based upon this determination, prepared a Negative Declaration, subject to mitigating requirements, with respect to the environmental consequences of the subject project; and WHEREAS, a notice of Mitigated Negative Declaration was thereafter duly posted and an opportunity for comments from the public was given; and WHEREAS, the Planning Commission of the City of Santa Rosa has reviewed and considered the environmental study, the findings and determinations of the Environmental Coordinator, the proposed Mitigated Negative Declaration, the staff reports, oral and written, and the comments, statements, and other evidence presented by all persons, including members of the public, who appeared and addressed the Planning Commission at the public hearing held on November 9, 2006, and all comments and materials submitted prior thereto; and WHEREAS, the Planning Commission has before it all of the necessary environmental information required by the California Environmental Quality Act (CEQA) to properly analyze and evaluate any and all of the potential environmental impacts of the proposed project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Santa Rosa, based upon the findings and the records and files herein, and the findings above made, hereby determines that the proposed Tentative map and Small Lot Conditional Use Permit will not have a significant effect upon the environment if the mitigation measures listed and identified in the Mitigated Negative Declaration are implemented prior to development of the subject property, and hereby approves and adopts the Mitigated Negative Declaration for the Westborough project. Page 1 of 2 e:\plan\planning commission\2007 pc meetings\070111\12 westborough\westborough.res.mnd.doc

11 REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Santa Rosa on this 11th day of January, 2007, by the following vote: AYES: (6) (Bartley, Cisco, Duggan, Walsh, Poulsen, Caston) NOES: (0) ABSENT: (1) (Arendt) ABSTAIN: (0) APPROVED: CHAIRMAN ATTEST: EXECUTIVE SECRETARY Page 2 of 2 e:\plan\planning commission\2007 pc meetings\070111\12 westborough\westborough.res.mnd.doc

12 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA MAKING FINDINGS AND DETERMINATIONS AND APPROVING A SMALL LOT SUBDIVISION CONDITIONAL USE PERMIT FOR WESTBOROUGH - LOCATED AT 1715 & 1801 RIDLEY AVENUE - FILE NUMBER CUP WHEREAS, an application was filed with the Department of Community Development requesting the approval of a small lot Conditional Use Permit for Westborough, to be located at 1715 & 1801 Ridley Avenue, also identified as Sonoma County Assessor's Parcel Number(s) & ; and WHEREAS, the Planning Commission has considered the application, the staff reports, oral and written, the General Plan and zoning on the subject property, the testimony, written comments, and other materials presented at the public hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on the application at which all those wishing to be heard were allowed to speak or present written comments and other materials; and WHEREAS, the Planning Commission has considered the approved and adopted Mitigated Negative Declaration for this use and project; and NOW, THEREFORE, BE IT RESOLVED, that after consideration of the reports, documents, testimony, and other materials presented, and pursuant to City Code Section (Conditional Use Permit), the Planning Commission of the City of Santa Rosa finds and determines: A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the City Code, including Section (Residential Small-Lot Subdivisions); B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity; D. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; E. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and F. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Page 1 of 2 e:\plan\planning commission\2007 pc meetings\070111\12 westborough\westborough.res.cup.doc

13 BE IT FURTHER RESOLVED that the Planning Commission approves and adopts the mitigation measures set forth in the Mitigation Monitoring Program dated October 18, 2006, and the Mitigation Monitoring Program and directs staff, as therein identified, to implement and complete the program. BE IT FURTHER RESOLVED that this Conditional Use Permit is subject to all applicable provisions of the Zoning Code, including Section (Permit Revocation or Modification). BE IT FURTHER RESOLVED that a small lot Conditional Use Permit for Westborough, to be located at 1715 & 1801 Ridley Avenue, is approved subject to each of the following conditions: 1. Compliance with all conditions as specified by the Westborough Tentative Map Resolution Number NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds and determines this entitlement to use would not be granted but for the applicability and validity of each and every one of the above conditions and that if any one or more of the above said conditions are invalid, this entitlement to use would not have been granted without requiring other valid conditions for achieving the purposes and intent of such approval. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Santa Rosa on the 11th day of January 2007, by the following vote: AYES: (6) (Bartley, Cisco, Walsh, Poulsen, Duggan, Caston) NOES: (0) ABSTAIN: (1) (Arendt) ABSENT: (0) ATTEST: EXECUTIVE SECRETARY APPROVED: CHAIRMAN Page 2 of 2 e:\plan\planning commission\2007 pc meetings\070111\12 westborough\westborough.res.cup.doc

14 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ROSA APPROVING THE WESTBOROUGH TENTATIVE MAP LOCATED AT 1715 & FILE NUMBER MJP WHEREAS, an application has been submitted by Homecoming Development, LLC requesting approval of a tentative map of Westborough, more particularly described as Assessor's Parcel Number(s) & , dated October 20, 2006, and on file in the Office of the Department of Community Development; and WHEREAS, the applicant was presented with the opportunity and did not prepare proposed findings supported by evidence that said subdivision complies with the requirements of the Subdivision Ordinance of the City of Santa Rosa, (Title 19, City Code) and the Subdivision Map Act (Government Code Section 66410, et seq.); and WHEREAS, the Planning Commission heard the evidence and reviewed the proposed findings, if any, submitted by the applicant. NOW BE IT RESOLVED, the Planning Commission does hereby determine that said subdivision of 34 lots and no more is in compliance with the requirements of the Subdivision Ordinance of the City of Santa Rosa, (Title 19, City Code), and the Subdivision Map Act (Government Code Section 66410, et seq.) based upon the following findings: A. That the proposed map is consistent with the General Plan and any applicable specific plans as specified in Government Code Sections and B. That the proposed subdivision meets the housing needs of the City and that the public service needs of the subdivision's residents are within the available fiscal and environmental resources of the City. C. That the design of the proposed subdivision has, to the extent feasible, provided for future passive or natural heating or cooling opportunities in the subdivision. D. That the proposed subdivision would not discharge waste into the City's sewer system that would result in violation of the requirements prescribed by the California Regional Water Quality Control Board. E. That the proposed subdivision is consistent with the City of Santa Rosa Design Guidelines and is determined to be of Superior Design. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds and determines said tentative map would not be approved but for the applicability and validity of each and every one of the below conditions and that if any one or more of the below conditions are determined invalid, this tentative map would not have been approved without requiring other valid conditions for achieving the purposes and intent of such approval. Page 1 of 3 E:\Plan\Planning Commission\2007 PC Meetings\070111\12 Westborough\westborough.res.tm.doc

15 BE IT FURTHER RESOLVED that the Planning Commission approves and adopts the mitigation measures set forth in the Mitigation Monitoring Program dated October 18, 2006, and directs staff, as therein identified, to implement and complete the program. BE IT FURTHER RESOLVED that the Planning Commission of the City of Santa Rosa approves the Westborough, Tentative Map dated October 20, 2006, and on file in the Department of Community Development, subject to the following conditions: 1. Compliance with the Development Advisory Committee Report dated October 11, Compliance with City Graffiti Abatement Program Standards for Graffiti Removal (City Code ). 3. That the final map shall contain on its face: That building envelopes shall be considered as building setback lines. 4. That the developer shall enter into an agreement with the City which provides that the developer, his heirs, successors, and assigns shall defend, indemnify, and hold the City, its officers, employees, and agents harmless from any and all claims, suits, and actions brought by any person and arising from, or in connection with, the design, layout, or construction of any portion of this subdivision, or any grading done, or any public or private improvements constructed within, or under, or in connection with this subdivision, whether on-site or off-site. 5. The approval of this project shall be subject to the latest adopted ordinances, resolutions, policies and fees adopted by the City Council at the time of the building permit review and approval. 6. The developer shall pay park fees in effect at the time the building permit is issued. 7. The design of all fencing, sound walls, carports, trash enclosures, and similar accessory site elements shall be compatible with the architecture of main buildings. The Design Review Board, prior to issuance of a building permit, must approve the design. 8. The developer shall, in lieu of providing one or more affordable units on site, pay fees at the time of building permit issuance. 9. No signs are approved with this permit. 10. Specifications for tree preservation and protection during site construction activities shall be shown on the improvement plans and building plans. Tree dripline areas shall be accurately shown on site grading, drainage and utility plans with the attendant protection instructions. 11. Sewer connections for this development, or any part thereof, will be allowed only Page 2 of 3 E:\Plan\Planning Commission\2007 PC Meetings\070111\12 Westborough\westborough.res.tm.doc

16 in accordance with the requirements of the California Regional Water Quality Control Board, North Coast Region, in effect at the time, or thereafter, that the building permit(s) for this development, or any part thereof, are issued. 12. Rear setbacks for lots 18 & 19 shall be 11.5 feet rather than 15 feet. 13. Second story setback shall be the same as the first story setback of 4 feet for all lots. 14. Planning Commission supports the reduction of the front setback on all units from 10 feet to 9 feet. 15. A Class 3 bike route shall be signed on the Ridley Avenue frontage. REGULARLY PASSED AND ADOPTED by the Planning Commission of the City of Santa Rosa on the 11 th day of January, 2007, by the following vote: AYES: (6) (Bartley, Cisco, Poulsen, Walsh, Duggan, Caston) NOES: (0) ABSTAIN: (1) (Arendt) ABSENT: (0) ATTEST: EXECUTIVE SECRETARY APPROVED: CHAIRMAN Page 3 of 3 E:\Plan\Planning Commission\2007 PC Meetings\070111\12 Westborough\westborough.res.tm.doc