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HomeMy WebLinkAboutResolution 2003-054 N.C.S. 03/03/2003Resolution No. 2003-054 N.C.S. of the City of Petaluma, California APPROVAL OF THE TENTATIVE SUBDIVISION MAP FOR I2®CI~RIDGE POINTE PR®JECT WHICH WOULD ALLOW FOR 62 RESIDENTIAL LOTS LOCATED AT WESTERN AVENUE AND WINDSOR DRIVE APN 020-030-037, 039, 013 aNn 015. FILE ANX 00004, TSM 00003, PRZ 0001, PUD 00004 WHEREAS, by Ordinance No. 2148 N.C.S., Assessor's Parcel Number (APN) 020-030- 037, 039, 013 and 015 comprising 123 acres, has been prezoned to Planned Unit Development; and, WHEREAS, by action taken on October 22, 2002, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve the Tentative Subdivision Map for 62 residential lots, dated September 3, 2002; 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. 2003-052 N.C.S., approving a Mitigated Negative Declaration to address the specific impacts of the Rockridge Pointe project; WHEREAS, the City Council considered the Rockridge Pointe proposal on March 3, 2003, 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 Tentative Subdivision Map subject to the following Findings and Mitigation Measures: 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. That 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 roads, sidewalks, water, sewer, storm drains, and other infrastructure. Resolution ~o. znn~-n5a v.cs. 3. That the site is physically suitable for the density and the type of development proposed. 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, environmental impacts that could not be mitigated. CONDITIONS OF APPROVAL: From the City Council: 1. As part of the Final Map submittal, the applicant shall submit Improvement Plans that include agreements made with the Victoria Homeowners Association. Improvements shall conform to City standards and be subject to review and approval by the City Engineer. These agreements include the following: a. Victoria will permit members of Rockridge Pointe to use Victoria's four developed private parks. b. Rockridge will pay to Victoria an annual fee for this park usage based on a formula mutually agreed to by Rockridge Pointe and Victoria. From the Planning Commission: 2. At time of Final Map submittal, all proposed open .space parcels, with the exception of the parcel (Parcel "I") to be dedicated to the County as part of Helen Putnam Park, shall be shown to be dedicated to the City as public open space. 3. The applicant and staff should work with appropriate County staff to develop a formula for fair share contributions from the applicant for addressing increased traffic on Western Avenue especially in the vicinity of existing schools. 4. The design, development and dedication of the proposed public park (Parcel "C"), including trails and benches, shall be completed prior to the occupancy of any individual housing unit. 5. The conceptual unit development plan shall be revised as illustrated in Attachment 7 as follows: a. Show a contiguous open space concept with a cohesive landscape plan - do not look at the property as separate open space parcels. b. Recommend possible relocation of Lot 15 to the end of the cul-de-sac "G" Court. c. Integrate detention pond into the project as a landscape feature d. Respond to concerns about contouring and propose solutions that are more like grading for golf courses than just engineering Resolution 2003-054 N.C.S. Page 2 e. Lots 43-48 -need particular attention to the rear of these lots -revise architecture and elevations to reflect rural vernacular recommendations from SPARC. 6. Application materials for SPARC shall include: a. Proposed fencing for variety of conditions b. Side lot landscaping and fencing for corner lots c. Particular attention to the most visible elevations for rear and corner lots, specifically Lots 1-4, 14-17 d. Provide further articulation on individual proposed residences with multi- volume concepts. From the Planning Division: 7. The plans submitted for building permit review shall be in substantial compliance with the Vesting Tentative Map, Preliminary Development Plan and Preliminary Grading Plan, dated September 3, 2002, except as modified by-these conditions. 8. All mitigation measures adopted in conjunction with the Mitigated Negative Declaration for the Rockridge Pointe Project, revised September 4, 2002, are herein incorporated by reference as conditions of project approval. 9. 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. 10. Prior to submitting for building permits, PUD Development Guidelines and architectural plans shall be reviewed and approved by SPARC including buildirg location, entries, compatibility with ,surrounding residences, architectural design and landscaping. 11. During construction, 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. 12. The Final Map shall indicate that Parcel "A," including the Detention Basin, shall be maintained.. by the Homeowners Association. 13. Prior to filing the Final Map, the applicant shall dedicate Parcel "I" to Sonoma County as an addition to the Helen Putnam Regional Park. Evidence of an initial offer letter and acceptance shall be submitted with the Final Map. Resolution 2003-054 N.C.S. Page 3 14. All construction activities shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. Construction shall be prohibited on Sundays and all holidays recognized by the City of Petaluma, unless a permit is first secured from the City Manager (or his/her designee) for additional hours. There will be no start up of machines nor equipment prior to 7:00 a.m., Monday through Friday; no delivery of materials nor equipment prior to 7:30 a.m. nor past 5:00 p.m., Monday through Friday; and no servicing of equipment past 6:45 p.m., Monday through Friday. Plans submitted for City permits shall include the language above. 15. Construction and demolition debris shall be recycled to the maximum extent feasible in order to minimize impacts on the landfill. 16. CC&Rs shall be submitted to the Community Development Department for review and approval prior to approval of the Final Map. 17. Concrete ditches and drainage structures draining the open space areas shall be tinted earth colors. 18. The applicant shall construct a public trail through Parce] "I" consistent with the Sonoma County Regional Park standards to connect to Helen Putnam Park. The public trail shall be completed prior to final occupancy of the project. 19. At the time of Final Map submittal, the developer shall submit names for the internal streets and cul-de-sacs to the Community Development Department for review and approval 20. The applicant shall be responsible for maintaining all drainage inlets, clean-outs, berms, debris basins, slide repair areas, v-ditches, sub-drain and other facilities located in the project area. CC&Rs shall. include a provision requiring that the city consent to any revisions regarding maintenance. 21. The CC&Rs for the project shall provide that the Homeowners Association shall be responsible for performing ongoing maintenance and or repair of geologic conditions, debris basins, ditches 22. Plant materials to be installed as part of the Landscape Plan shall consist of a minimum.of fifteen (15) gallon can size for trees and five (5) gallon can size for shrubs. Resolution 2003-054 N.C.S. Page 4 From the Engineering Division: Frontage Improvements 23. Half-street frontage improvements along the northeasterly side of Windsor Drive shall include but not be limited to, five (5) foot wide striped on-street bike lane, curb and gutter, sidewalk, streetlights, handicap ramps, curb return at Western Avenue, striping, channelization, signing, landscaping and roundabout (per Traffic Impact Study dated December 2000 by W•Trans). Pursuant to direction of the City Council, a sidewalk will be required from Western Avenue to the project entrance on the northeast side of Windsor and shall be constructed on the southwesterly side from project entrance to Victoria. No sidewalk shall be required on the northeast side from the project entrance to Victoria, subject to review and approval by the City Engineer. 24. Half-street frontage improvements along the southeasterly side of Western Avenue shall include but not be limited to, five (5) foot wide striped on-street bike lane, curb and gutter, sidewalk, streetlights, handicap ramps, striping, channelization., signing and landscaping. 25. The City requires a traffic index of 6 (T.I. = 6) for Western Avenue. A geotechnical report addendum is required and shall identify the existing pavement section and traffic index for the existing County of Sonoma portion of Western Avenue along the project frontage. In the event that the existing pavement section does not meet T.I. = 6 standards, the developer shall be responsible for reconstructing the existing portions of Western Avenue, from centerline, along the project frontage. An asphalt overlay conform shall be required as necessary to provide a smooth street crown and insure positive cross sectional drainage of 2% minimum. 26. In the event that the Local Agency Formation. Commission requires annexation of adjacent assessor parcel numbers 020-030-013 and 020-030-015 or any other adjacent parcels, the applicant shall provide for a future public roadway and emergency access as well as access to public utilities. An irrevocable offer of dedication through the Rockridge Pointe Subdivision with sufficient width to accommodate future maximum dwellings located on all developable parcels in the immediate area, or another scenario acceptable to the City Engineer is required. Off-site public easements for public sewer and water utilities may also be required. 27. City standard public improvements shall be installed within the boundary of the subdivision including but not limited to, full street widths; curb and gutter, sidewalks, streetlights, handicap ramps, sewer, water and storm drain systems, signing, striping and landscaping. Resolution 2003-054 N.C.S. Page 5 28. In the event that the contractor damages any portion of Windsor Drive during construction, the project applicant shall restore Windsor Drive to pre-construction conditions prior to acceptance of the project by the City of Petaluma. 29. The pavement sections for the proposed interior streets shall be designed for a traffic index of 5 (T.I. = 5) and shall contain a minimum of four inches of asphalt concrete. 30. The pavement. section for the emergency vehicular access road shall be designed to accommodate typical fire truck loads. 31. Sidewalks shall be installed on both sides of all streets throughout the boundary of the subdivision with the exception of "A" Street. A sidewalk on one side of "A" Street shall be allowed between lot 45 and Windsor Drive. 32. Stop-controlled intersections shall be installed per City standards at all interior intersections. 33. Parking shall be prohibited along the entire Windsor Drive (both sides of street) and Western Avenue (development side of street) parcel(s) frontages. No parking street signs shall be installed. 34. All subdivision street widths shall be thirty-two (32) feet wide with parking allowed on both sides. Parking maybe limited in cul-de-sacs per Fire Marshals requirements. Cul-de-sac and hammerhead dimensions shall also be subject to the Fire Marshals approval. 35. Maximum street grades shall be fifteen (15) percent. 36. All retaining walls shall be located on private property. 37. All PG&E distribution electric lines and other overhead utilities and service drops along the street frontages or through or traversing the site shall be placed underground. All new services shall be underground. 38. All Windsor Drive and Western Avenue street transitions/conforms shall be subject to the review and approval by the City Engineer. Sanitary Sewer Collection and Water Supply Utilities 39. Each lot shall have separate sanitary sewer laterals and water services. 40. A ten (10) foot wide public water main and public access easement is required for the proposed water line located within the boundary of the subdivision and through two (2) Cal Water parcels prior to Final Map approval. The access road within the easement shall be paved (or similar hardscaped treatment). The final Resolution 2003-054 N.C.S. Page 6 location and grade of the easements shall be subject to the review and approval by the City Engineer. 41. A twelve (12) inch diameter water main shall be installed from the LaCresta water tank site to the subdivision per the preliminary water system calculations prepared by Milani and Associates. 42. The homeowners association shall be responsible for contributing to the maintenance costs of the sanitary sewer pump station located near the project entrance along with the Victoria Subdivision Phase III homeowners association. 43. Al] water main piping shall be Ductile Iron Pipe (DIP) in hillside areas. 44. All water main piping within the boundary of the subdivision shall be twelve (12) inch diameter pipe as determined by the preliminary water system calculations prepared by Milani and Associates. 45. All units with top finish floor elevations above elevation 270 feet require installation of a privately owned and maintained air-gap water pressure booster bump system. Grading and Drainage 46. Hydrology calculations for the project shall be reviewed and approved by the Sonoma County Water Agency (SCWA) prior to final map and improvement plan approval. 47. Hydrology calculations shall include all on-site drainage facilities including the proposed detention basin system and Western Avenue storm drain. 48. Parcel "A" (detention basin site) shall be designated as a common area and maintained by the subdivisions homeowners association through the conditions, covenants and restrictions. An operations and maintenance manual shall be created for perpetual maintenance of the detention basin during and after construction of the subdivision. Provisions in the manual shall include. but not be limited to, construction and post-construction maintenance for dredging, periodic inspection, functionality, landscaping and repair. 49. An annual. report shall be submitted to the City of Petaluma Community Development Department identifying annual maintenance provisions as prescribed in the operations and maintenance manual. 50. The detention basin shall be constructed and operational prior to and during the first year's rainy season defined as October 1 -April 15. 51. A public storm drain easement shall be provided over the entire parcel "A." Resolution 2003-054 N.C.S. Page 7 52. Additional geotechnical and hydrological information shall be provided for the design and construction of the detention basin at the improvement plan stage. The detention basin shall be designed to accommodate a 100-year storm event. 53. Lot to lot drainage shall not be allowed without drainage/storm drain easements. 54. The storm drain from the end of "H" Court to the detention basin shall be eliminated. All street storm drains shall be directed to the detention basin by a single pipe from "A" Street as shown on the tentative map. 55. All backyard and hillside drainage shall be collected in swales and sub surface storm drain lines and discharged into a public storm drain system. Rooftop and driveway runoff from lots 31-45 shall not be allowed to flow across the northerly boundary of the subdivision. 56. All storm drain systems located on lots 1-62 and parcels "B" through "I" shall be privately owned and maintained. 57. Grading confornls to adjacent developments and parcels shall be subject to the review and approval of the City Engineer. 58. The applicant shall submit a Notice of Intent (NOI) to the Califomia State Water Resources Control Board and provide a copy of the filed notice to the City of Petaluma prior to final map approval. 59. The applicant shall submit a detailed Storm Water Pollution Prevention Plan (SWPPP) in accordance with latest state standards for review and approval by the City Engineer prior to final map approval. The SWPPP shall be available on-site in the job trailer at all times throughout the construction process. The SWPPP and NOI copy shall be submitted with the improvement plan. application package. The developer and/or contractor shall update the SWPPP throughout the construction process per the latest state standards. A section 404 permit (U.S. Army Corp of Engineers) may be required for work within the creek area. 60. A detailed erosion and sediment control plan is required as apart of the improvement plans and is subject to the review and approval of the City Engineer. 61. The applicant shall file a Notice of Termination (NOT) with the California State Water Resources Control Board and a copy to the City of Petaluma upon completion of the project. Easements 62. Ten-foot wide public utility easements (PUE) are required on all parcel frontages to public streets or letters from appropriate public utility companies approving reduced width PUEs will be accepted. Resolution 2003-054 N.C.S. Page 8 63. Appropriate on-site .and off-site public and private access, drainage, utility, etc. easements are required prior to final map approval. Miscellaneous 64. The final map and improvement plans shall be prepared in accordance with latest City standards, codes, policies and ordinances. 65. All public improvements, except for the public park, Parcel "C," (see Condition 4) shall be completed and accepted by the City of Petaluma prior to releasing the final twenty (20) percent of certificates of occupancy. 66. The homeowners association shall maintain all private utilities. 67. Any existing wells or septic systems located on the site shall be abandoned per County of Sonoma Environmental Health Department standards. 68. The applicant shall submit either a digitized data fee in the amount of ten dollars ($10.00) per lot or provide electronic base map information for updating the City's base map system prior to final map approval. From the Fire Marshal: 69. Proposed street widths of twenty-eight (28) feet are acceptable as long as no parking is permitted on either side of the street. Thirty-two (32) feet street widths shall be permitted for parking to exist on both sides of the street. 70. Cul-de-sae radius shall be designed to meet the turning radius of the Fire Department's aerial ladder truck. 71. Roadway grades shall not exceed fifteen (15) percent maximum. 72. Fire hydrant spacing shall not exceed 300 feet and or 150 feet from the furthest structure. Hydrant locations subject to the approval of the Fire Marshal's Office. 73. This subdivision is within the boundaries of the Very High Fire Hazard Severity Zone (VHFHSZ). Buildings constructed in this zone are subject to the conditions outlined in Section 17.20.060 Petaluma Municipal Code. 74. All residences are required to be fire sprinklered in accordance with NFPA 13-D. Additionally, because the structures are in the VHFHSZ they must be "fully sprinklered" which includes extension of the sprinklers into the attic, garage or unprotected space. A minimum two-head calculation for the attic is acceptable. Resolution 2003-054 N.C.S. Page 9 75. Fire flow is required to be a minimum of 1000 gpm at twenty (20) psi residual. Verification of minimum flows must be calculated and provided to the Fire Marshal's Office by a registered engineer prior to issuance of a building permit. 76. All fire lanes, EVAs, turnarounds and no parking areas shall be designated as such with appropriate signs and/or red curbs. Sign and curb language, including letter size, shall be in accordance with city standards. 77. Open space areas are subject to the provisions of annual weed/brush abatement. A plan that outlines the criteria for provisions for abatement shall be developed and approved by the Fire Marshal's Office. The plan shall include provisions for fire safe landscaping, as required, and firebreaks in accordance with "fire safe standards" .developed by the State of California. 78. Barriers blocking the EVA must be approved by the Fire Marshal's Office. Typically, this is accomplished with a gate. All gate supports must be two feet wider than the approved roadway width of the EVA. 79. Provide a dedicated access point from the hammerhead turn around (Court "H"), approved by the Fire Marshal's Office, to allow emergency vehicle access to the brush open space behind lots 16 to 21. 80. Provide a dedicated access point from the cul-de-sac (Court "F"), approved by the Fire Marshal's Office to allow emergency vehicle access to the brush open space near and behind lots 30-37 at the end of the cul-de-sac. 81. Provide a dedicated access point from the cul-de-sac (Court "G"), approved by the Fire Marshal's Office, to allow emergency vehicle access to the brush/open space near and behind lots 22 to 26 at the end of the cul-de-sac. 82. Proposed roundabout at Windsor Drive and the entrance to the subdivision shall be designed to accommodate the turning radius specifications of fire apparatus, per City standards. From Parks and Recreation: 83. The interior park (Parcel "C"), shall be designed in conjunction with, and meet the approval of the Recreation, Music and Parks Commission, and the Parks and Recreation Department. 84. The proposed EVA connection from "A" Street to Western Avenue to be constructed per City of Petaluma Standards, with an asphalt surface. Resolution 2.003-054 N.C.S. Page 10 From the Sonoma County Water Agency: 85. Drainage design for the project shall comply with the Agency's Flood Control Design Criteria. Evidence of compliance shall be submitted with the Improvement Plans. From Pacific Gas and Electric Company: 86. Costs of any relocation of existing PG&E facilities necessitated by this project shall be the responsibility of the applicant. 87. In order to provide gas and electric service to the parcels, PG&E will require the following: a. Property owner shall dedicate 7.5 foot wide Public Utility Easements (PUEs) along the front of all lots bordering "A" Street, "B" Street, "C" Street, "D" Court, "E" Court, "F" Court, "G" Court, "H" Court, as shown on the Vesting Tentative Map dated September 3, 2002. b. Property owner shall offer for dedication "A" Street, "B" Street, "C" Street, "D" Court "E" Court "F" Court "G" Court "H" Court as PUEs or franchise streets. From the Police Department: 88. The width of the streets and cul-de-sacs shall be wide enough to accommodate emergency vehicle traffic, including fire engines. From the Pedestrian and Bicycle Advisory Committee: Bike Parking 89. A street-level bike rack shall be installed at Park Parcel "C." Class I Bikeways 90. There shall be a Class I path along Marin Creek. The perimeter path is particularly appropriate given that this site also contains the "urban separator General Plan overlay designation which requires a 300-foot setback from the south and west properties line" as noted in Rockridge Pointe Project description and Analysis, .July 11, 2000. This path can be constnicted of permeable surfacing, subject to the discretion of Community Development Department staff. Resolution 2003-054 N.C.S. Page 11 91. The ten (10) foot water main access road shall also serve as a Class I pedestrian path accessible by bollard at either end of the road, subject to the discretion of Community Development Department staff. 92. The EVA path shall also serve as Class I path from Western Avenue terminating at "A" Street. Class II Bikeways 93. There shall be Class II bike lanes along both sides of Windsor Drive. Signs: 94. "Share The Road" signs shall be installed on the Class II lanes on Windsor. 95. There shall be signs indicating bike paths and parks/open space on Windsor, Western and within the project, including signage for Helen Putnam Park. In addition, there shall be signs regarding childrens' usage of bike/pedestrian paths between this project and Petaluma Junior High School, Petaluma High School. and McNear School. 96. A signage plan shall be submitted to the PBAC for final approval prior to issuance of Certificate of Occupancy Pedestrian Needs: The following shall be subject to Community Development Department review and. approval: Benches: 97. There shall be two (2) benches and a picnic table on Parcel "C." 98. There shall be four (4) benches in the open space on Parcel "B." 99. There shall be two (2) benches on each side of Marin Creek. 100. There shall be at least two (2) benches in Parcel "I," on the. prominent knolls. 101. There shall be two (2) benches along the eastern boundary of Parcel "D." Drinking Fountains: 102. A drinking fountain shall be provided in Parcel "C" park. Resolution 2003-054 N.C.S. Page 12 Intersection Improvements: 103. There shall be a crosswalk across Western where the EVA/Class I path meets Western Avenue, subject to the discretion of the Community Development Department staff. Lighting: 104. Project lighting, including security lighting, shall not direct glare into cyclist/pedestrian eyes. 105. Pesticide/Herbicide Use: 106. Under no circumstances shall any pesticide/herbicide be applied in areas used by pedestrians/bicyclists anywhere in this project or the surrounding areas without appropriate signs warning of the use of chemicals, a policy currently employed by the Music, Recreation and Parks Department. This 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. 107. 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, including the certification of associated environmental documents, 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. 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 or on the ..........3:d............ day of .........March ................................... 20..D3, by the following vote: •••••••••• ••••••••••••••••• ty A torney AYES: Canevaro, Mayor Glass, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt NOES: None ABSENT: N ~ ~ ATTEST: ........ .......... .................. ~........................................... ......... .. ... ..... ................................. Cit Jerk Mayor Council File ................................... Res. Nn.........2003.,QSA .._..N.C.S. :, ry~ ~~~~®~ > 1 2 3 ORDINANCE NO. 2148 N.C.S. 4 5 Introduced by Council Member Seconded by Vice Mayor 6 7 Pamela Torliatt Mike O'Brien 8 9 10 11 PREZONING A 123-ACRE PARCELTO PLANNED UNIT DEVELOPMENT, 12 TO ALLOW FOR 62 RESIDENTIAL LOTS, 13 AND DEVELOPMENT OF 62 NEW RESIDENCES LOCATED AT 14 WESTERN .AVENUE AND WINDSOR DRIVE 15 APN 020-030-037, 039, 013 and 015 16 File ANX 00004, TSM 00003, PRZ 0001, PUD 00004 17 18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: T9 20 21 Section 1. The City Council finds that the Planning Commission filed with the City 22 Council its report set forth in its minutes of October 22, 2002, recommending the adoption of an 23 amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by classifying and prezoning 24 certain lands being more particularly described as the 123-acre Assessor's Parcel Nos. APN 020- 25 030-037, 039, 013 and 015. 26 27 Section 2. The City Council further finds that said Planning Commission held a public 28 hearing on said proposed amendment on October 22, 2002., after giving notice of said hearing, in 29 the manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as 30 amended. 31 32 Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as 33 amended, the City Council finds as follows: 34 35 1. The proposed Prezoning of the Rockridge Pointe property to PUD is consistent 36 with the Petaluma General Plan, and is in general conformity with the zoning 37 regulations of the City of Petaluma as described in the project staff report. Ordinance 2148 N.C.S. Page 1 1 Additionally, the Fire Marshal, Police Department, and the Engineering Division 2 have prepared conditions of approval to address safety issues and design criteria 3 for grading, site improvements and construction of the residences. 4 5 2. The public necessity, convenience and general welfare clearly permit the adoption 6 of the Prezoning in that the zoning designation will result in residential uses that 7 are appropriate and compatible with the existing surrounding uses. The project 8 plans present a unified and organized arrangement of residential lots and public 9 streets, appropriate to adjacent and nearby properties. Proposed landscaping 10 would .further insure compatibility. The proposed project would also require 11 review and approval by the Site Plan and Architectural Review Committee. 12 13 3. The requirements of the California Environmental Quality Act (CEQA) have been 14 satisfied through the preparation of an Initial Study and the drafting of a Mitigated 15 Negative Declaration to avoid or reduce to a level of insignificance, potential 16 impacts generated by the proposed project. In compliance with the requirements 17 of the California Environmental Quality Act, an Initial Study was prepared for 18 prezoning of the property to Planned Unit Development. Based upon the Initial 19 Study, a determination was made that no significant environmental impacts would 20 result. A copy of this notice was published in the Argus Courier and provided to 21 residents and occupants within 300 feet of the site, in compliance with CEQA 22 requirements. 23 24 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based 25 upon the evidence it has received and in accordance with the findings made, the City Council 26 hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to prezone said 27 property herein referred to, in accordance with the recommendation of the Planning Commission. 28 29 Section 5. The City Clerk is hereby directed to post this Ordinance for the period and in 30 the manner required by the City Charter. 31 Ordinance 2148 N.C.S. Page 2 IF ANY SECTION, subsection, sentence, clause, phrase or word of this Ordinance is for 2 3 4 5 6 7 8 9 10 11 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. INTRODUCED and ordered Posted this 3rd day of March, 2003. ADOPTED this 17`h day of March, 2003 by the following vote: 12 AYES: 13 14 NOES: 15 16 ABSENT 17 18 19 ATTEST: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien, Moynihan, Torliatt None None Gayle Petersen, City Clerk David Glass, Mayor APPROVED AS TO FORM: ~. s"" ich R nansky, ity ttorne Ordinance 2148 N.C.S. Page 3