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HomeMy WebLinkAboutStaff Report 3.G 01/05/2009CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Adoption (Second Reading) of Ordinance Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single -Family Residential Units Located at 2762 `I' Street, APN 019-401-019, Project File No. 05- ZOA-0029-CR. 3.G January 5, 2009 Meeting Date: January 5, 2009 Meeting Time: ❑ 3:00 PM ® 7:00 PM Category: ❑ Presentation M Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business Department: Director: Community Mike Moore Development, City Eric Dandy Attorney Cost of Pronosal: 0 Amount Budgeted: 0 Contact Person: Phone Number: Eric Danly 778-4362 Name of Fund: N/A Account Number: N/A Recommendation: It is recommended that the City Council take the following action: Conduct second reading and re -adopt the Ordinance Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single -Family Residential Units Located at 2762 `I' Street, APN 019-401-019, Project File No. 05-ZOA-0029-CR as introduced on December 8, 2008. Summary Statement: The City Council introduced the ordinance on December 8, 2008 and after a second reading, voted to adopt the ordinance by a vote of 5-2 at its meeting of December 15, 2008. Because there was not unanimous consent to the adoption of the ordinance or a separate unanimous motion to permit posting, the City Charter requires that it be published in the City's official newspaper rather than posted on the bulletin board at City Hall, as is normally done and was done in this case. To cure this potential procedural defect, the ordinance was published on December 18, 2008 and can now be re -adopted. Attachments to Agenda Packet Item: 1. Ordinance Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project 2. Proof of publication, December 18, 2008. Reviewed by Admin. Svcs. Dir: Date: Rev. # Date Last Revised: Reviewed by City Attornev: Date: 12.18.08 0 File: 1180740 Annroved b_v_City Manager: Dater CITY OF PETALUMA, CALIFORNIA January 5, 2009 AGENDA REPORT FOR Ordinance Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single - Family Residential Units Located at 2762 `I' Street, ATN 019-401-019, Project File No. 05-ZOA-0029-CR. 1. RECOMMENDATION: It is recommended that the City Council conduct the second reading and re -adopt the Ordinance Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single -Family Residential Units Located at 2762 `I' Street, APN 019-401-019, Project File No. 05-ZOA-0029-CR. 2. BACKGROUND: The City Charter, Article VII, Section 45 requires that before any City ordinance is adopted, it must be published at least two days before adoption in the official newspaper of the City. The City Coimcil may, by unanimous consent, agree that an ordinance can be published by posting on the bulletin board at City Hall, rather than published. Because the ordinance approving the PUD Amendment and development standards was not adopted unanimously, and a separate unanimous motion to permit posting rather than publication was not made or passed, the City Attorney recommends that the adoption action be re -done after publication. The ordinance was published in the December 18, 2008 edition of the Petahona Argus -Courier. The City Charter re -adoption and publication requirements affect only the ordinance adopting modified PUD standards for the project. A mitigated negative declaration pursuant to CEQA and approval of a tentative subdivision map for the project were approved by Resolution No. 2008- 224 N.C.S. and Resolution No. 2008- 225 N.C.S., respectively, on December 8, 2005. Those resolutions tools effect on December 8, 2008, and are not required to have a second reading or be re -adopted. 3. DISCUSSION: Re -adopting the ordinance after publication will conform to the Charter publication requirement. 4. FINANCIAL IMPACTS: None, other than minor costs of publication to comply with the City Charter. 1180740.1 1 2 3 4 7 8 9 ATTACHMENT EFFECTIVE DATE ORDINANCE NO. 2319 N.C.S. OF ORDINANCE Introduced by Seconded by APPROVAL OF A PLANNED UNIT DISTRICT (PUD) AMENDMENT, INCLUDING THE UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE PINNACLE RIDGE SUBDIVISION PROJECT CONSISTING OF 11 SINGLE-FAMILY RESIDENTIAL UNITS LOCATED AT 2762 'I' STREET, APN 019-401- 019. PROJECT FILE NO. 05-ZOA-0029-CR WHEREAS, Pinnacle Development Number 21, L.P. has applied to subdivide a 16.36 acre parcel at 2762 "1" Street into an 11 -unit subdivision ("the Project"), and amend the Planned Unit District ("PUD") of Westridge Units 4 & 5 and associated Development Plan and PUD Standards; and, WHEREAS, the City of Petaluma Planning Commission held a public hearing on the proposed amendment on September 9 and October 28, 2008 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 September 9 and October 28, 2008 recommending the adoption of an amendment to Westridge Units 4 & 5 and associated changes to the PUD Development Standards to allow for 1 1 single family residential units to be constructed on Assessor's Parcel No. 019-401-019; and, WHEREAS, on December 8, 2008, 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 Environmental Guidelines, the City Council adopted Resolution No. 2008-224 N.C.S., approving a mitigated negative declaration of environmental effect for the Project; and, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. PUD Findings The Citv Council finds as follows in su000rt of the Amendment of the Unit Develoamenf Plan for Westridae Units 4 & 5 and Develooment Standards for the Pinnacle Ridae Subdvision Proiect consisting of 11 sinale-familv residential units located at 2762 "1" Street (the "Proiect"): A. The proposed Amendment to of the Westridge Units 4 & 5 Planned Unit District to allow I the Pinnacle Ridge property to develop as a residential development proposed is consistent with the Petaluma General Plan. The PUD Amendment will result 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. The proposed 11 residences complies with the 2025 General Plan land use designation for the subject property which are: Urban Separator (6.32 acres), Rural Residential (8.15 acres) and Very Low Density Residential (1.89 acres). The Rural Residential (0.1 to 0.6 hu/ac) land use designation is intended for single-family residential development located primarily at the western perimeter of the city, along the Urban Growth Boundary. This designation maintains a rural character and provides a transition to unincorporated rural and agricultural lands. This density range reflects prevailing lot sizes and development patterns. The Very Low Density Residential (0.6-2.5 hu/ac) land use designation is intended for single-family residential development applied primarily to the southern hillsides, with a minimum lot size of half an acre, and larger lots required for sloped sites. The Urban Separator includes open space lands within and/or directly adjacent to the Urban Growth Boundary that are intended to serve as the outer boundary of urban development, as designated by the City of Petaluma. They provide an edge that buffers agricultural fields from urban land, may serve as a recreational area, and act as a key component of the city's open space system. On lands with development potential, the Urban Separator allows transferability of development potential to the remaining portion of the some property. Given the 2025 General Plan land use designations, and the allowance to transfer density from the Urban Separator, the subject property would be allowed to develop 1 1 units, which is what the applicant has proposed. Therefore, the development of the Property in the manner proposed by the applicant will not be detrimental to the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the zoning regulations of the City, with the City of Petaluma General Plan 2025 and with any applicable plans adopted by the City. B. The proposal is consistent with the Zoning Ordinance in that it incorporates the policies and guidelines of the Planned Unit District Chapter 19 of the Implementing Zoning Ordinance. The proposed development is planned on a property which has a suitable relationship to one or more thoroughfares ('I' Street), and said thoroughfares with the improvements required, are adequate to carry any additional traffic generated by the development. C. The public necessity, convenience and general welfare clearly permit and will be furthered by the proposed amended PUD zoning in that the amended zoning designation will result in residential uses that are appropriate and compatible with the existing surrounding uses. The project plans present a unified and organized arrangement of lots and public streets, appropriate to adjacent and nearby properties. Proposed landscaping would further ensure compatibility. The proposed project would also require review and approval by the Site Plan and Architectural Review Committee. D. As determined in the City's approval of a Mitigated Negative Declaration of environmental impact, and adoption of Mitigation Measures and a Mitigation Monitoring Program for the Project, the natural and scenic qualities of the site are protected with adequate available public and private spaces designated on the Unit Development Plan. Section 2. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, Ordinance No. 2319 N.C.S. paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 3. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 4. Publication The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this 81h day of December, 2008. ADOPTED this day of 2009. W 20 Ayes: 21 22 Noes: 23 24 Abstain: 25 26 Absent: ATTEST: Pamela Torliatt, Mayor APPROVED AS TO FORM: Claire Cooper, City Clerk Eric W. Danly, City Attorney Ordinance No. 2319 N.C.S. \� ATTACHMENT 2 CERTIFICATION OF KBLICATION IN Petaluma Amus -Courier (Published Thursday) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA In and for the COLUlty of Sonoma DECLARATION I ani a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said tires the principal clerk of the printer and publisher of The Petaluma Amus -Courier, a newspaper of general circulation. published weekly in the "itv of Petaluma, in said County of Sonora. State of California: that The Petaluma Argus -Courier is and was at all times herein nnentioned_ n u... 5papci o"gg=circa CirC..tiativii tis that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulaLon having been established by Court Decree No. 35515 of the Superior Court of the State of California, in and for the County of Sonoma, Department No 1 thereof; and as provided by said Section 6000. is published for the dissemination of local and telegraphic news and Intelligence of a general character, having a buna Inde Subscription list of pavhle s'Jbi_ribers, and :s not devoid to the interests, or I;ublishcd 'car the enter!ainnu:n: or instruction of a pat-lir-cdar class, profession, trade. calllnq. race or denoniniatlon- or totthe --ntertainuient and instruction of such class,�S proles;ions, wades. ealkn_S. races or denominations, that at all said time; said newspaper has been established. published in rhe said City of Petaluma, in said County and State at rewlar intervals for more than one year preceding the rust publication of this notice herein mentioned; that said notice ivas set In type not sinaller roan nonpareil and was preceded with words printed in black face type not smaller than nonpareil- describing and expressing in general terms, the purport and character of the notice intended to be given; that the Notice of Amendment: Ordinance No. 2319 N.C.S. Pinnacle: of which the annexed is printed copy, was published and printed in said newspaper at ]cast one consecutive time commencing on the ISth day of December, 2005 and ending on the 18th day of December 2005, to -wit December 18, 2008. I DECLARE UNDER PENALIY OF PERJURY that the foregoing is true and correct. DATED this I Sit day of December 1_005, at Petaluma, California. Signed_ — Donn I I an gn c hief Clerk PD04650386 I F DEC 2 2 ORDINANCE NO. 2319 of Petaluma Planning tiled with A. The proposed Amendment to of the N.C.S. Commission the City Council its report Westridge Units 4 & 5 to EFFECTIVE DATE 'OF set forth in Its minutes of Planned Unit District the Pinnacle Ridge ORDINANCE Introduced by September 9 and October 28, 2008 recommending allow property to develop Oct a Mike O'Brien the adoption of an amend- residential development is consistent with Seconded by - ment to Westridge Units 4 &5 and associated changes Proposed the Petaluma General Plan. Karen Nau APPROVAL OF A PLANNED to the PUD Development Standards to, allow lar 17 The PUD Amendment will . UNIT DISTRICT (PUD) INCLUDING single family residential usof l nd and r better h sical environment than P Y AMENDMENT, THE UNIT DEVELOPMENT units to be constructed an Assessor's 'Parent No. 019- would be possible under PLAN AND DEVELOPMENT STANDARDS FOR 401-019; and, any single zoning district or combination of zoning dis- THE PINNACLE RIDGE PROJECT WHEREAS, on December 8, 2008, in compliance with trick. The proposed 11 rest - dances complies with the SUBDIVISION CONSISTINGOF it SINGLE- the California Environmental 2025 General Plan land use FAMILY RESIDENTIAL Quality Act ("CEDA" )' designation for the subject UNITS LOCATED019401- California Code of property which are: Urban 19, STREET, APL 079.401- Ot9, Regulations Se tionsGuide 15000 R Separator acres), PROJECT FILE NO. 05-2DA- CEDA Guidelines") at seq. A dents 5 Rural Residential 17029 -CR and the City Of Petaluma a nsty acres) and Very Low Density WHEREAS, Pinnacle Guidelines, the City Council adopted the city Council Residentialti.ingentia acres). The Residential (0.1 to 0.6 Development Number ide ansa to subdivide Resolution howl holes) land use designation LP. plied a 18.35 acre parent at 2782 vin mitig23 N.C.S., approving o mitigat- ara ed negative dedem0on of is intended far stogie -tam - ily residential development "1" Street Into an 11 -unit ("the Prot -un), environmental effect for the located primarily at the subdivision and amend the Planned Unit Project; and, NOWTHEREFORE,BE western perimeter of the city, along the Urban Growth Distriet("PUO")OtWestddge Units 4 & 5 and associated 1T ORDAINED BYTHE Boundary. This designation Development Plan and PUD COUNCIL OFTHE CITY OF PETALUMA AS FOLLOWS: maintains a rural character and provides a transition Standards; and, WHEREAS, the City Section 1.PUD Findings to unincorporated rural and lands. This den - of Petaluma Planning Commission held a public The City Council finds as follows to support of the agricultural sity rangorellects prevailing lot sizes and development hearing on the proposed Amendment Of the Unit Plan for patterns. The Very Low amendment on September 9 and October 28, 2008 after Development Westridge Units 4 & 5 antl Density Residential (ill hula )land use designation giving notice of said hearing, Development Standards Pinnacle Ridge for Intendedf In the manner, for the peri- od, and In the farts required for the Subdvislon Project consist- II Y residential development to the by the City's Implementing Ing of 11 singie-family rest- dentist units located at 2762 applied primarily southern hillsides, with e Zoning Ordinance; and, "I" Street (the "Project"): minimum let at. of halt an WHEREAS, the City a acre, and larger lots required far stoped else. The Urban Separate, Includes open space lands within =tiler directly adjacent to the Urban Growth Boundary thatare intended to serve as the enter boundary of urban development, as designated by the City of Petaluma. They provide an edge that buffers agricultural fields it.. urban land, may serve as a recreational area, and act as a key component of the city's open space sys- tem. On lands with develop- ment potential, the Urban Separator allows hans- ferablidy of development potential to the remaining portion of the same prop. erty. Given the 2025 General Plan land use designations, and the allowance to trans- fer density from the Urban Separator, the subject prop. arty would be allowed to develop 11 units, which is what the applicant has pro- posed. Therefore, the devel. opment of the Property in the manner proposed by the applicant will not be slain. mental fa the public welfare, will be in the best interests of the City and will be in keeping with the general intent and spirit of the zon- ing regulations of the City, With the City of Petaluma General Plan 2925 and with any applicable plans adopt- ed by the City. B. The proposal is con- sistent with the Zoning Ordinance In that It mcor- Poulton the policies and .guidelines of the Planned Unit District Chapter 19 of the Implementing Zoning Ordinance. The proposed development is planned en a property which has a suitable relationship to ane or more thoroughfares ('t' SUaetj, and said thorough- fares with the improvements required, are adequate to carry any additional traffic generated by the davelop- menL C. The public nocessitg convenience and general welfare clearly permit and will be furthered by lire pro- posed amended PUD zoning In that the amended zon- ing designation will result In residential uses that era appropriate and compatible With the existing surround- ing uses. The project plans present a unified and orga- nized arrangement of IoW and public streets, appmprl- ate to adjacent and near-, by properties. Proposed landscaping would further ensure compatibility. The proposed project would also require review and approval by the Site Plan and Architectural Review Commiffea_ D. As determined in the City'saPpow-1 of a Miligaled Negative Declaration of environmental ' Impact, and adoption of Mitigation Measures and a Mitigation Monitoring Program for the Project, the natural and scents qualities of the site are protected will, adequate available public and private spaces designated on the Unit Development Plan. Section 2.Severabifify. If any provision of this ordi- nance ar the application thereof to any person or ch- cumstance is held invalid, Me remainder of the onfi- nance, including the appli- cation of such part or pro- vision to other persons or circumstances shall not be affected thereby and shall continue in full lama and effect. To this end, provi- sions of this ordinance are severable. The Chy Council hereby declares that it would have passed each section, subsection, subdi- vision, paragraph, sentence, clause, or phrase hereof hmspective of the fact that any one or mare sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, Invalid, or unenforceable. Section 3. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adop- tion by fish Petaluma City Council. Section 4.1sublamian The City Cuss is hereby directed to post and/or pub- lish this ordinance or a syn. opsis of it for the period and In the manner required by the City Charter. INTRODUCED and ordered pe.mWiublished this am day of December, 2608. ADOPTED this 15th day of December 2008 by the fol- lowing vote: AYES: Fishes, Harris, Nam, O'iarieo, Vice Mayor Babbitt NOES: Barrett, Mayor Toulon ABSTAIN:None ABSENT: None Pamela Todiall, Mayor ATTEST:Clahe Cooper, City Clerk APPROVED AS TO FORM: Eric W. Dandy, City Attorney PD04650386-Pub. Dec. 18, 2008 ill.