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HomeMy WebLinkAboutResolution 98-134 07/13/1998 L; - ~ Resolution No. 9g-134 N.C.S. ~ of the City of Petaluma, California a APPROVING THE PLANNED UNIT DISTRICT PLAN 5 FOK CAPRI CREEK APARTMENTS LOCATED ON 5.2 ACRES, 6 SOUTHEAST OF THE TERMINUS OF RIESLING ROAD, 7 A PORTION OF APN 137-070-075 8 9 WHEREAS, by Ordinance No. 2073 NCS , a portion oC Assessor Parcel Number 137-070-075 to comprising 52 acres, have been rezoned to PUD (Planned Unit District); and II i2 WHEREAS, by action taken on May 26, 1998, the Planning Commission considered and 13 forwarded a recommendation to the City Council on the unit development plan for Capri Creek 14 Apartments, to allow development oPa 100 unit apartment complex; and 15 i6 WHEREAS, the. City Counci] finds that the acquirements of the California Environmental I7 Quality Act (CEQA) have been satisfied through the preparation of~an Initial Study and adoption i8 of Resolution No. 98-124 N.C.S., approving a Mitigated Negative Declaration to address the 19 specific impacts of the Capri Creek Apartments development; 20 2I NOW THEREFORE, BE IT RESOLVED that the City Cotmcil hereby adopts the following 22 findings: 23 24 Findings for Approval of the PUD Development Plan 36 1. The proposed Capri Creek Apartmentsresults in a more desirable use of land and abetter 27 physical environment than would be possible under any single zoning district or 28 combination of zoning districts. ?g 30 2. The proposed Capri Creek Apartments development plan is proposed on property which 31 has a suitable relationship to one or more thoroughfares (Sonoma Motuitain Parkway, 32 Riesling Road, Ferro Street, and Capri Creek Court) and said thoroughfares with the 33 improvements herein required, are adequate to carry any additional traffic generated by 34 the development. 35 36 3. The plan for the proposed Capri Creek Aparhnent development presents a unified and 37 organized arrangement of buildings and service facilities which arc appropriate in relation 38 to adjacent or nearby properties, particularly the existing Americana development, and 39 approved C~ulterbury and Heritage subdivisions: Adequate landscaping and screening is 40 included to ensure compatibility with surrounding uses. Conditions have been a1 incorporated requiring design and development standards that are compatible with az neighboring developments. a3 I R~owua,xo. 98-134 N.as. Page 1 of ? t 4. Adequate available public and private spaces are designated on the PUD Development 2 Plan. Through mitigation measw~es and project conditions, adequate building setbacks 3 and other project amenities are provided. a > 5. The development of the subject Capri Creek Apartment project in the manner proposed 6 by the applicant, and as conditioned, will not be detrimental to the public welfare, will be 7 in the best interests of the City, and will be in keeping with the general intent and spirit of 8 the zoning regulations of the City of Petaluma, with thePctaluma General Plan, and with 9 the Corona/Ely Specific Plan. l0 I I 6. The Capri Creek Apartment project will help the City further the objectives, policies and 12 programs of the Housing Element of the General Plan to provide a range of housing 13 types, increase the supply of ienta] apartments, particularly market rate rental housing. 14 15 7. The Capri Creek Apartment project is designed to be compatible with surrounding uses 16 because it is residential in character and will not result in a more intensive use of the land 17 with characteristics that areincompatible with neighboring single family residential uses. 1R 19 8. The Capri Creek Apartment proposal incorporates the use of 22 units of Transfer of 20 Development Rights (TDR) from the 7.5 acre Urban Separator site east of the Heritage 21 ~ Subdivision to create 100 apartments units on a 5.2 acre portion of land from the 22 "Remaining Lands of Gatti". A balance of 8 units is still available and may be used 23 should the developer of the Capri Creek Apartments wish to create additional units at 2a some future date. 25 26 Notice of Estimated Fecs, Dedications, and other Exxcfions 27 28 Pursuant to Section 66020 of the California Government Code, the applicant/developer has the 29 statutory right to protest development fees, dedication and reservation requirements, and other 30 exactions included in this project approval as follows: 3I 32 1. The following fees must he collected prior to issuance of building. permits: 33 34 Park and Recreation Land Improvement Fee $2,204.00/unit j5 36 2. The following fees must be collected prior to Final Building Inspection or Certificate 37 of Occupancy: 38 39 Water Connection Fee Obtain quote -Water Dept. 40 Stonn Drainage Impact $6,300.00 (total) 41 Community Facilities Development Fee $ 838.50 per unit 42 Traffic Mitigation Fee $1,885.OOper unit a3 Sewer Connection Fee $2,550.00 per unit Reso. 98-134 NCS Page 2 of 7 1 3. The following fee must be paid directly to the School District prior to issuance of 2 Building Permit: 3 4 School Facilities Fee (Amount Determined by School District) 5 6 4, In-Lieu Housing Fee of $2,400 per unit (typically collected through escrow). 7 8 5. Corona Ely Benefit District (Assessment to be determined pursuant to Resolution No. 9 92-302 N.C.S.). l0 u BE IT FURTHER RESOLVED that the Capri Creek Apartments PUD Development Plan as 12 referred by the Planning Commission and presented at June 15, 1998 meeting of this Council is 13 hereby approved pursuant to Section 19A-504 of Zoning Ordinance No. 1072 N.C.S., as 14 amended subject to the following notice and conditions: is 16 Conditions of PUD Develoament Plan 17 is 1. All mitigation measures adopted in conjunction with approval of-the Mitigated Negative l9 Declaration for the Capri Creek Apartments are incorporated herein by reference as zo conditions of project approval. 21 22 2. All conditions of the administrative approval of the Tentative Parcel Map to be approved 23 .for the Capri Creek Apartments shall be enforced, as applicable; with the PUD 24 Development Plan. 25 26 3. All conditions of the Planning Department shall be met, including: 27 28 a. Minimum building setbacks of 15 feet along "Capri Creek Court". Should "Ferro z9 Street" be aligned further to the north upon approval of the Tentative Parcel Map, 3o the applicant shall move Building, #1 closer to the "Ferro Street" by the distance. 3t Carports must have a minimum of a five (5) foot setback along the east and south 3z property lines. 33 3a b. The permitted principal use of each apartment shall be limited to the uses normally 35 associated with residential development as identified under the R-M-G, Garden 36 Apartment Residence Zoning District, including small family day care. Uses not 37 specified under the PUD Zoning regulations or the Zoning Ordinance shall be 38 subject to the Planning Director' determination. 39 ao c. Accessory structures, such as the recreation center and pool, outdoor play areas at and carports, and uses shall be subject to applicable provisions of the Zoning 42 Ordinance as they apply to the R-M-G Garden Apartment Residence Zoning ~t3 DISti1Ct. 44 45 d. Maximum permitted building .height shall be 30' measured from finished grade to 3 Res. 98-134 NCS Page 3 of 7 I d. Maximum permitted building height shall be 30' measured from finished grade to 2 the average height level between building eaves and the primary ridge of the 3 roofline. a 5 e. Minimrun off-street parking, with one parking space per bedroom, shall be 6 established. As shown on the plans dated May 1, 1998 and approved by SPARC 7 on May l4, 1998, a minimum of 164 parking spaces must be established. 8 9 f. A 6 foot tall fence must be installed around the pool. At least one gate shall be I o installed which allows residents to access the pool area without having to walk I 1 through the recreation centet. 12 13 g. The architectural design standards shown on the plans approved by SPARC shall t4 be the same as for plans submitted for building permit approval. Any firture color 15 schemes that vary from those approved shall be~subject to SPARC review. I6 17 h. 'fhe trash enclosures_shall be designed with roofs. 18 i9 i. if necessary, the fountain design may return for SPARC for review and approval. zo 21 j. Should there be changes to the site plan made by the Planning Commission or 22 City Cormcil that alters the plan approved by SPARC, the revised plan must 23 return to SPARC for review and approval. za z5 k. A Class II bicycle lane shall be established along the southern side of Riesling 26 Road. It shall continue to the south along "Capri Creek CourP'. Atsuch time as a 27 bridge is constructed that connects the Capri Creek Apartment site to the Santa 28 Rosa Junior College, the bicycle path shall be established. Additionally, should a 29 loop road be created on the `Remaining Land of Gatti" parcel that connects to the 3o Heritage Subdivision (to the east of the apartment proposal), the bicycle lane shall 31 be extended along the loop road. An additional curb cut and pathway shall be 32 created between buildings #lz and 13 so that riders can gain access to the 33 intersection of "Capri Creek Court" and Riesling Road. Bicycle racks shall be 34 established on the parcel. 35 36 Two gates shall be established along the eastern property line, between the two 37 carports that are across from I3uilding #3. Textured pavement shall he established 38 along the southern property line, in front of the uncovered parking spaces that are 39 next to the fresh enclosures. 40 41 L Should a change in use occur or additional housing be developed to the south of 42 "Capri Creek Apartments' on the remaining lands of Gatti property, bicycle paths 43 shall be created to create linkages between the residential, commercial, 44 recreational and institutional uses in the Corona/Ely area. 45 4 Reso. 98-134 NCS Page 4 of 7 I 4. All requirements of the Building Division. shall be met, including: 2 3 a. Grading-must be certified when completed to indicate compliance with approved a plans and will be required for occupancy. 5 b. Certify padelevations before building slab on grade is poured. 6 c. Soils with expansion index greater than 20 requires special design foundation per 7 Uniform Building Code 2904(b). 8 d. Mixed occupancy separation as described in Chapter 3 of the 1994 UBC must be 9 followed. t o e. AlI roofing shall be "B" rated or better per Ordinance No. 1744/] 988. I.I. f Show site drainage and grading topography. 12 g. Indicate all utilities on site plan. 13 h. Responsible party to sign plans. 14 i. Submit soils report to verify foundation design. 15 j. Plans must show compliance to 1994 UBC, UPC.. UMC, and 1993 NEC. Plaits 16 must also show compliance to current Title 24 Energy Conservation aid/or u Disabled Access Requirements. 18 k. Provide structural calculations Cor all non-conventional design items. I9 I. Where ground slopes are greater than 1 on 10, thefoundation shall be stepped per 20 Uniform Building Code 1806.2. 21 m. Abandonment of water well or septic system must be done under permitfi~om the 22 County of Sonoma Public Health Department. 23 24 5. All requirements of the Engineering Dep~u-tment shall be submitted or addressed at time 25 of building permit application, including: 26 27 a. Site plans that include grading with perimeter conforms, storm drain system, 28 water main system ,sanitary sewer system, and applicable details per City of 29 Petaluma standards. 30 31 b. Plans for frontage improvements as proposed in Capri Creek Apartment plans. 32 Frontage improvement plans shall be per the City of Petaluma standards. The 33 applicant shall enter into a public improvements agreement and provide bonds as 34 described in the agreement. 35 36 c. SonomaCounty Water Approval. 37 38 d. Fire flow calculations with flows as required by the Fire Marshal's office. 39 a0 6. All requirements of the Fire Marshal shall be met, including: al 42 a. Minimum fire flow required for this project is 2,500 gallons per minute at 20 a3 pounds per square inch (psi). 44 b. Fire hydrants shall be spaced at a maxinnun of 300' apart. Location and type of 4S fire hydrants are to be approved by the Pire Marshal's office. 5 Reso. 98-134 NCS Page 5 of 7 I c. Post address at or near main entry door, a minimum of 4 inch letters on 2 contrasting background. 3 d. Address locator required to be posted at or near the driveway entrance. 4 Reflectorized numbers are acceptable. Location and design to be approved by the > Pire Marshal's office. 6 e. All required fire lanes, in which no parking is allowed, shall be designated by 7 painting curbs red. Where no curbs exist, signs approved by the Fire Marshal shall 8 be installed. 9 f. Add as a general note to plans: l0 n No combustible construction is permitted above the foundation unless an 12 approved all weather hard surface road is provided to within one hundred-fifty 13 (150') of the farthest point of a building or structure. 14 I S All fire hydrants for the project must be tested, flushed, and in service prior to the 16 commencement of combustible construction on site. 17 g. Provide one fire extinguisher, 2AlOBC type, for each 3,000 square feet of floor ~ 8 space, and/or a maximum travel distance of 75 feet from the extinguisher. 19 h. The building(s) shall be protected by an automatic fire extinguishing system as 20 required by the Uniform Fire Code. 21 i. Provide to the Fire Marshal's office, a minimum of two (2) sets of fire sprinkler 22 plans and calculations for approval and issuance of permit prior to installation of 23 system. 24 j. .Sprinkler system shall be provided with central station alarm monitoring which 25 shall notify the fire department in the event of water flow. In addition, a local 26 alarm shall be provided on the exterior and interior of the building. 27 k. Activation of the fire sprinkler system shall sound an interior alarm that will 28 notify all occupied spaces. 29 I. Provide smoke detectors in all sleeping rooms and common hallways. Detectors 3o shall be provided hardwired with battery backup. Electrical circuits supplying 31 detectors shall be separate dedicated lines with no other devised on the circuits. 32 m. Contractor shall provide the Fire Marshal's office with two (2) sets of plans for 33 the underground fire service main for permit approval, prior to commencement of 34 work. 3s n. All roofing material shall be rated class "B" or better, treated in accordance with 36 the Uniform Building Code Standard 32.7 and City of Petaluma Ordinance 1744. 37 38 7. All requirements of the Police Department shall be complied with, including: 39 4o a. As there are two existing streets that begin with "Capri", it is suggested that the 41 street to the west be renamed so'there is less confilsion when responding to calls 42 at this location. 43 b. All apartments must have lighted addressed for better visibility for Police and 44 Ambulance response. 4~ 6 Reso. 98-134 NCS Page 6 of 7 1 8. All requirements of the Sonoma County Water Agency shall be complied with, including: 2 3 a. Drainage for the project be designed in compliance with the Agency's Flood 4 Control Design Criteria. 5 6 9. All requirements of the Water Department shall be complied with,.including: 7 8 a. On-site water, sewer, storm drain and fire protection to be privately maintained. 9 b. Indicate maximum water demands for domestic and landscape water use and to meter locations. I i c. Abandon all unused water services at the water main to the Water Department's 12 satisfaction. 13 d. Install new water services as needed to City standards. 14 I S 10. The applicants/developers shall defend, indemnify, and hold harmless the City or any of I6 its boards, commission, agents, officers, and employees from any claim, action or 17 proceeding against the City, its boards, commission, agents. officers, or employees to 18 attack, set aside, void, or annul, the approval of the project when such claim or action is 19 brought within the time period provided for in applicable State and/or local statutes. The 20 City shall promptly notify the applicants/developers of any such claim, action, or 2I proceeding. The City shall coordinate in the defense. Nothing contained in this condition 22 shall prohibit the City from participating in a defense oP any claim, action, or proceeding 23 if the City bears its own attorney's fees and costs, and the City defends the action in good 24 faith. 25 26 u:Aed4\rezoning\capripud.doc 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 Apprto~ved as to Council of the City of Petaluma at a (Regular) (AH)~X~14fidI~t) meeting p°i~°~ on the ......13th- day of ........._July. 19_98.. by the ~Q/~ following vote: - City Attorney AYES: Keller, Torliatt, Hamilton, Read, Stompe, Mayor Hilligoss NOES: None ~ r ABSENT: ice a wire , . ~ ATTEST: -ity Clerk ~ C.buau~'at~e.~._.~.........._..........._ Meyor ,'LT'V"L ~.U.l-~--1~.--~-~- 1 ~-."-.-.(/L........... cn e.xs iis. v,,..., 9.8-134........ N.cs. Page. 7 Of 7