HomeMy WebLinkAboutResolution 98-044 03/16/1998 Resolution No. 98-44 NC.S.
of the City of Petaluma, California
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5 APPROVAL OF AN AMENDMENT TO THE McNEAR LANDING RESIDENTIAL
6 PLANNED iJNIT DISTRICT DEVELOPMENT PLAN TO RECOGNIZE THE TEN DUPLEX
7 UNITS WITHIN THE PROJECT AS TWENTY LEGALLY SEPARATE SINGLE-FAMILY
8 ATTACHED.HOMES; LOCATED OFF OF PETALUMA BOULEVARD SOUTH AT
9 McNEAR CIRCLE; APN 008-530-004
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12 WHEREAS, the City Council has adopted Ordinance No. 2004 N.C.S. rezoning the McNear
13 Landing site to Planned Unit District; and
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15 WHEREAS, the project site has.an approved residential Planned Unit District Development Plan
16 which includes ten (10) duplex units by Resolution No. 96-45 N.C.S.; and
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18 WHEREAS, the Planning Commission held a duly .noticed public hearing regarding a proposed
19 amendment to the McNear Landing Planned Unit District Development Plan to recognize the ten
20 duplex units as twenty legally separate single-family attached homes on February 24, 1998, and
21 considered and forwarded a recommendation to the City Council to conditionally approve said
22 amendment; and
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24 WHEREAS, the City Council has found that no substantial physical changes or changes in
25 operating characteristics result from this proposed amendment to the McNear Landing PUD
26 Development Plan and respective Tentative Subdivision Map. Thus, pursuant to Section 15162
27 of the California Environmental Quality Act, the need for additional environmental review is not
28 necessary given the adequacy of previous environmental analysis (an adopted Mitigated Negative
29 Declaration, Resolution 96-27 N.C.S.).
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3t NOW THEREFORE BE IT RESOLVED that the City Council hereby conditionally approves the
32 amendment to the McNear Landing Planned Unit District Development Plan as reflected in the
33 Development Plan and Tentative Subdivision Map sheets, and Development Standards considered
3a by the Planning Commission on February 24, 1998; all on file with the City of Petaluma Planning
35 Department, pursuant to Section 19A-.504 of Zoning Ordinance 1072 N.C.S., as amended based
36 on the following findings and subject to the following conditions:
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38 FINDINGS FOR AMENDMENT TO TAE PUD DEVELOPMENT PLAN
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40 1. The McNear Landing PUD Development Plan as amended to recognize the ten duplex
at units as twenty legally separate single-family attached homes results in a more desirable
a2 use of the land and a better physical environment-than would be possible under any single
a3 zoning district by allowing the construction of a range of smaller single-family units.
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98-44 N.c.s. Page 1 of 3
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t 2. The natural and scenic qualities of the site aie protected with adequate available public and
2 private spaces designated on the McNear Landing PUD Development Plan and Tentative
3 Subdivision Map.
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5 3. The plan for the proposed amendment to the McNear Landing PUD Development Plan
6 maintains a unified and organized arrangement of buildings which aze appropriate in
7 relation to nearby properties and the remainder of the approved PUD Development Plan,
8 including approved landscaping and building architecture.
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to 4. The development of the McNear Hill property in the manner proposed by the applicant,
11 including the amendment to the PUD Development Plan herein granted, will not be
12 detrimental to the public welfare, will be in the best interest of the City, and will be in
13 keeping with the general intent and spirit of the Zoning Regulations and the General Plan
14 of the City of Petaluma, and applicable plans (River Access and Enhancement Plan etc.)
15 adopted by the City.
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t7 5. The McNear Landing PUD Development Plan, as amended to recognize the ten duplex
is units as twenty legally separate single-family attached homes, is proposed on property
19 which has suitable relationship to one (I) or more thoroughfares that are adequate to carry
zo traffic generated by the development.
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22 6. The proposed amendment to the McNear Landing PUD Development Plan complies with
z3 the circulation patterns for vehicles and pedestrians developed within the PUD as well as
24 in the area surrounding the project.
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z6 7. No substantial physical changes or changes in operating characteristics result from this
27 proposed amendment to the McNear Landing PUD Development Plan and respective
28 Tentative Subdivision Map. Pursuant to Section 15162 of the California Environmental
29 Quality Act, the need for additional environmental review is not necessary given the
3o adequacy of previous environmental. analysis (an adopted Mitigated Negative Declaration,
31 Resolution 96-27 N.C.S.), therefore no further environmental review is necessary.
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33 CONDiTiONS OF THE PUD DEVELOPMENT PLAN AMENDMENT
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35 1. A]I conditions of the Planning Department shall be met, including:
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37 a. A reproducible copy of the amended PUD Development Plan and Development
38 Standards shall be submitted prior to recordation of the Final Map.
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4o b. The applicants/developers shall defend, indemnify, and hold harmless the City or
41 any of its boards, commission, agents, officers, and employees from any claim,
42 action or proceeding against the City, its boards, commission, agents, officers, or
43 employees to attack, set aside, void, or annul, the approval of the project when
a4 such claim or action is brought within the time period provided for in applicable
45 State and/or local statutes. The City shall promptly notify the
46 applicants/developers of any such claim, action, or proceeding. The City shall
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Reso. 98-44 NCS Page 2 of 3
1 coordinate in the defense. Nothing contained in this condition shall prohibit the
2 City from participating in a defense of any claim, action, or proceeding if the City
3 bears its own attorney's fees and costs, and the City defends the action in good
4 faith.
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6 2. All conditions of the Fire Marshal's office and the Building Division shall be met,
7 including:
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9 a. A one-hour fire rated wall shall be constructed with buildings on/adjacent
to to each side of the new property lines.
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Under ttie power and autbority conferred upon this Council by the Charter of said City.
R$FERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the Cit of Petaluma eta Re form
Y ( gular) (1187s(ff)63fdlm~ meeting 'g'
on the ._1.~~.~? day of .............._March.---...------..............., 19_98. by the ~ ~
.following vote:
City Attorney
AYES: Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss
NOES: Keller, Torliatt
ABSENT: Sto/mpe/~ , ~ ~ ~ '
ATT'EST: .._.._.I~,/............«'.~L~i~2L~C<4~GX..._ /~~Q~(~p
............................._4/G~~iJU Y)
City Clerk Mayor
Cowcil Files.........._.._
ca io.as ~ aes.No.....,98,-,Q,4.......... rvcs. Page 3 of 3