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HomeMy WebLinkAboutResolutions 86-155 N.C.S. 06/23/1986 ~~ ~es~~utlo~ N®. 86-155 N.C.S. of the City of Petaluma, California RESOLUTION AMENDING THE DEVELOPMENT PLAN FOR MAGNOLIA HILLS LOCATED ON THE NORTH SIDE OF MAGNOLIA AVENUE AP NO's 6-450-4 & 13, 6-460-1 & 6 WHEREAS, by Ordinance No. N.C.S. , Assessor's Parcel No's 6-450-04, & 13 and 6-460-1 & 6 were rezoned to PUD (Planned Unit District) to allow a 46 unit residential subdivision; and WHEREAS, a development plan was adopted for this PUD by the City Council in October 1.982; and WHEREAS, application was subsequently made by Burbank Housing Development Corporation to amend the PUD development plan to allow 55-units (32 mutual self-help townhomes and 23 rental units) ; and WHEREAS, by action taken on June 10, 1986, subsequent to a public hearing on this matter, the Planning Commission recommended adoption of the amended final ;unit development plan in said Planned Unit District; and WHEREAS, a negative declaration prepared pursuant to the California Environmental Quality Act was adopted by the City Council (Resolution No. 86-~5~ N. C. S.) on June 23, 1986, as recommended by the Planning Commission ; NOW, THEREFORE, BE IT RESOLVED that the final unit development plan on file in the Office of Community Development and Planning (File 3.358) is hereby approved pursuant to Section 19A-504 of Zoning Ordinance No. 1072 N.C.S. , as amended; and, BE IT FURTHER RESOLVED that the City Council hereby .adopts findings of the Planning Commission as its findings as stated hereinafter; H~:~. n~...8.6.-.15 5..... N.c.s. y0'~ 1~ 1. The site plan clearly results 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. 2.. The PUD district is proposed on a property that has a suitable relationship to one or more throughfares and that the throughfares are adequate to carry any additional traffic carried by the development has been determined by a focused traffic study. 3. The plan for .the proposed. development presents a unified, organized arrangement of buildings. with their appropriate relationship to adjacent .and nearby properties and that adequate landscaping and/or screening is included to. ensure compatibility. 4. The natural and scenic qualities of the site are protected with adequate available public and private spaces designed into the Unit Development .Plan . 5. Development of the subject property in the manner proposed by the applicant will not be detrimental to the public welfare, will be in the best interest of the City and will be in keeping with the general intent and spirit of the .Zoning Regulation of the City of Petaluma, the Petaluma General Plan and with the Environmental. Design Plan adopted by the City . BE IT FURTHER RESOLVED that the City Council hereby approves the development plan, subject to the Condit-ions. hereinafter ,set out as follows:. Conditions s 1. A sidewalk shall be constructed on the, west side of the westerly street entering the project between Magnolia Avenue and the .first private street. .'The .:intent of this sidewalk' is to provide safer access to the bus. stop on 'Magnolia Avenue . Res,o No; 8 6;-1'55- N . C . S . ~ r: 2. All sidewalks on Magnolia Avenue. along. the frontage of the project, the main private loop street and the public street between the apartment complex:. and Magnolia shall., where possible, be separated from the curb by a minimum 2~ foot wide planter strip where ever possible so as to allow planting of street trees to provide a canopy over the streets , subject to SPARC review and approval . 3. The entry to the loop street serving the ownership townhouses from Magnolia Avenue shall be revised to provide a landscaped gateway appearance, subject to 5PARC review and approval. 4. CC&R's for the project shall be subject to the review of Planning staff and the City Attorney. The CC&R's shall' be amended to include the following development standards for the townhouse units a. Inclusion of home occupations per the Zoning Ordinance. b.. Minimum structural setbacks shall be as indicated on the Unit Development .Plan; future additions and/or expansions shall adhere to the following minimum standards: sideyards, five feet each (excluding common walls) , except 10 feet where bordering cemetery land; rear yards, 20 feet. c. Architectural features such as eaves, greenhouse windows, balconies, etc. shall be governed by the City Zoning Ordinance Regulations pertaining to R-1 Zoned Districts except that patio covers may extend no more than 10 feet into required rear yards . d. Detached accessory structures shall be governed. by City Zoning Ordinance regulations applicable for R-1 zoned districts except that such structures may abut property lines; however, whenever a setback is provided, such setback shall not be less than three feet. Reso No 8~6`-15b N.C.S. e. All improvements under these provisions shall be subject to Design Control review per the. CC&R's. 5. All trees (except the 7 trees identified for removal per the grading and drainage plan). shall be kept. and shall be protected during construction by erection of a construction fence at the driplines . Any tree, the dripline of which encompasses excavation and/or paving shall be reviewed by a qualified. arborist and his/her recommendations on tree preservation and protection shall be adhered to. Tree removal is discouraged, with specific removal of any tree exceeding 12" in diameter requiring review and approval of the Community Development and Planning Director.. Any of the trees to remain which die within six months of completion of the Phase of the project in which they are located shall be replaced with a 24-inch boxed tree or equal value of smaller trees; size of trees, species and placement subject to approval by the Planning staff. 6. The Planned Unit Development Plan, architectural elevations, landscaping and other design elements shall be subject to SPARC approval prior to issuance of the final map and the Unit Development Plan shall. be amended to reflect any conditions required by SPARC. 7. Frontage improvements on Magnolia Avenue shall be redesigned to provide enhanced privacy for the rear of the units backing onto Magnolia Avenue including the provision of a substantial (heavy wood or masonry) fence, and improved public appearance of the project from Magnolia Avenue;, subject to SPARC review and approval. 8. A solid, view-obscuring fence shall be provided along all project .boundary lines with the exception of along the 'east side of the public street (,west property line of AP No. 6-450-11) and as noted in Condition #7, subject to SPARC review and approval. 9. The PUD development plan shall be revised to include all changes required by the recommended conditions of approval and corrected project boundary, to correspond to the tentative map, prior to consideration by the City Council. Reso No 86-155 N.C.S. ~7 10. A sepia of the revised Planned Unit Development plan in conformance with the requirements of the Planning Commission and SPARC shall be provided to Planning staff within 60 days after SPARC approval. 11. BHDC shall enter into a binding agreement with the City of Petaluma which limits occupancy of the ownership units to 75$ low income and 25o moderate income households and the apartment units to at least 500 low income households and up to 50% moderate income households. The agreement shall define the basis for determining low and moderate income household status and the amount of gross household income to be applied to housing expenses. The agreement shall also include a resale agreement for the ownership units, subject to review and approval of City staff. 12. Phasing of project development shall be indicated on the PUD development plan, subject to staff approval.. reso .magnolia. hills . dev .plan reso5 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 Appro, d as to Council of the City of Petaluma at a (Regular) ~~~X~~ meeting ~ ~ on the ...----• 2 3rd..... day of .........(741X1.~ ....................................... 191~.~.., by the f following vote: ,/•'-~--~.-......-•---...----•--•-•----------- a''" City Attorney AYES: Cavanagh, Davis, Woolsey, Tencer, V.M. Balshaw, Mayor Mattei NOES: None ABSENT: Sobel ATTEST: ..................... .... ..........................................................•-----... ity Clerk Mayor (7ouacil File .................................... CA 10-85 ~ Res. No. 8 6 -1.~~..`a........ N.C.S.