HomeMy WebLinkAboutResolution 98-045 03/16/1998 Resolution No. 98-45 NC.S.
of the City of Petaluma, California
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3 APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR THE McNEAR LANDING
4 RESIDENTIAL PROJECT TO SUBDIVIDE TEN DUPLEX LOTS INTO TWENTY LOTS
5 FOR ATTACHED SINGLE FAMILY HOUSE DEVELOPMENT; LOCATED OFF OF
6 PETALUMA BOULEVARD SOUTH AT McNEAR CIRCLE; APN 008-530-004
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8 WHEREAS, Bijan Madjlessi, President of McNear Hill LLC filed an application for a Tentative
9 Subdivision Map on December 23, 1997, for a subdivision of the ten duplex lots within the
l0 McNear Landing Planned Unit District Develop Plan/Tentative Subdivision Map (Resolution No.
11 96-32 N:C:S.) into twenty lots for attached single-family homes; and
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13 WHEREAS, pursuant to Resolution No. 98-44 N.C.S. the Tentative Subdivision Map herein
14 approved now corresponds with an approved amendment to the McNear Landing Planned Unit
15 District Development Plan to recognize the ten duplex homes approved for said lots as twenty
16 legally separate single-family attached homes; and
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18 WHEREAS, the Planning Commission held a duly noticed public hearing regarding a proposed
19 Tentative Subdivision Map for the McNear Landing Planned Unit District Development Plan to
20 subdivide the ten duplex lots into twenty lots for attached single-family homes on February 24,
21 1998, and considered and forwarded a recommendation to the City Council to conditionally
22 approve said map; 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 subdivision of a portion of the McNear
26 Landing PUD Development Plan. Thus, pursuant to Section 15162 of the California
27 Environmental Quality Act, the need for additional environmental review is not necessary given
28 the adequacy of previous environmental analysis (an adopted Mitigated Negative Declaration,
29 Resolution 96-27 N.C.S.).
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31 NOW THEREFORE BE IT RESOLVED that the City Council hereby conditionally approves the
32 Tentative Subdivision Map for a portion of the McNear Landing Planned Unit District
33 Development Plan as reflected in the Tentative Subdivision Map sheets considered by the
3t Planning Commission on February 24, 1998; all on file with the City of Petaluma Planning
35 .Department, pursuant to Title 20 of the Petaluma Municipal Code, as amended, based on the
36 following findings and subject to the following conditions:
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38 FINDINGS FOR THE TENTATIVE SUBDiVIS10N MAP
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40 1. The proposed Tentative Subdivision Map to subdivide ten lots within the McNear Landing
41 development into twenty lots, as conditioned, is in general conformity with applicable
42 provisions of the General Plan.
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98-45 N.c.s. Page 1 of 3
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1 2. The proposed Tentative Subdivision Map to subdivide ten. lots within McNear Landing
2 development into twenty lots, as conditioned, is in general conformity with the intent and
3 provisions of the Zoning Ordinance.
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5. 3. The proposed Tentative Subdivision Map to subdivide ten lots within the McNear Landing
6 development into twenty lots, as conditioned, is in general conformance with the
7 provisions of the Subdivision Ordinance (Title 20 of the Petaluma Municipal Code).
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9 4. No substantial physical changes or changes in operating characteristics result from this
to proposed Tentative Subdivision Map for ten lots. within the McNear Landing development
11 and respective PUD Development Plan amendment. Pursuant to Section 15162 of the
12 California Environmental Quality Act, which precludes the need for additional
t3 environmental review given the adequacy of previous envirotunental analysis (an adopted
14 Mitigated Negative Declaration, Resolution 96-27 N.C.S.), no further environmental
15 review is necessary.
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17 CONDITIONS FOR THE TENTATIVE SUBDIVISION MAP
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19 1, All conditions of the Planning Department shall be met, including:
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21 a. A reproducible copy of the Tentative Subdivision Map shall be submitted prior to
22 recordation. of the Final Map.
23 b. The applicants/developers shall defend, indemnify, and hold harmless the City or
2a any of its boards, commission, agents, officers, and employees from any claim,
z5 action or proceeding against the City, its boards, commission, agents, officers, or
26 employees to attack, set aside, void, or annul, the approval of the project when
27 such claim or action is brought within the time period provided for in applicable
28 State and/or local statutes. The City shall promptly notify the
z~ applicants/developers of any such claim, action, or proceeding. The City shall
3o coordinate in the defense. Nothing contained in this condition shall prohibit the
31 City from participating in a defense of any claim, action, or proceeding if the City
32 bears its own attorney's fees and costs, and the City defends the action in good
33 faith.
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35 2. All conditions of the Engineering Department shall be met, including (see letter dated
36 February 5, 1998 attached):
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3s a. Provide individual water meters forall units.
39 b. The existing sanitary sewer easement as shown on Lot 183 shall remain
40 unchanged.
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Reso. 98-45 NCS Page 2 of 3
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2 c. The unit on Lot 183 shall not encroach into the existing sanitary sewer easement.
3 d. Lot-to-lot surface drainage shall not be allowed.
4 e. Any underground utilities traversing the proposed parcels shall be relocated,
5 removed of abandoned and sealed to the satisfaction of the Engineering and Public
6 Works Departments. aeana9am~e
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) (bYd)~ttifiltgjt](Sl7dFY~ meeting form
on the ..~.~.Xb day of ---........March.--..._.....................,...., 19._98.. by the ~
following vote:
City Attorney
AYES: Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss
NOES: Keller, Torliatt
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ABSENT:.Stompe
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ATTEST: .........1./ '4 ..........3 ~ G~~~ ~I~~j~
. /g.~l~..... . / ..U...tl._~....
City Clerk Mayor
Oouacii File.____._._.._._........._
cn io.a~ ~ Re,, rvo.,.,.98,-4,5,_,_,__. rvcs. Page 3 of 3