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HomeMy WebLinkAboutResolution 96-124 05/20/1996 Resolution No. 96-124 NC.S. of the City of Petaluma, California 1 2 3 APPROVAL OF THE PLANNED UNIT DISTRICT DEVELOPMENT PLAN 4 FOR THE MAXWELL RESIDENTIAL PROJECT LOCATED ON A 19.61 ACRE 5 PARCEL ON THE EAST SIDE OF "D" STREET AT WINDSOR DRIVE; 6 AP No. 019-120-045 &046 7 8 WHEREAS, the project site has been rezoned to Planned Unit District by Ordinance No. 9 2013 N.C.S.; and to 11 WHEREAS, the Planning Commission held a duly noticed public hearing regarding this 1z project on March 26, 1996, and. considered and forwarded a recommendation to the City 13 Council to conditionally approve a Planned Unit Development Plan for the Maxwell 14 residential project; and 15 16 WHEREAS, the City Council has found that the requirements of the California 17 Environmental Quality Act have (ieen satisfied through the preparation bf an Initial Study is which indicates that the proposed project, as mitigated through the adoption of a 19 Mitigated Negative Declazation pursuant to Resolution No. 9g-~ 21 N.C.S., will not 20 result in significant environmental impacts, and that no further environmental review is 21 necessary. 22 23 WHEREAS, the City Council has adopted Ordinance No. 2013 N.C.S. rezoning the 2a Maxwell site to Planned Unit District.. 25 26 NOW, THEREFORE BE IT RESOLVED that the City Council hereby conditionally z7 approves the Planned Unit Development Plan as reflected in the Development Plan zs including: architecture, landscaping, and written development standards considered by the 29 Planning Commission on March 26, 1996; all on file wrath the City of Petaluma Plamm~g 3o Department, pursuant to Section 19A-504 of Zoning Ordinance 1072 N.C.S., as amended 31 based on the following findings and subject to the following conditions: 32 33 Findings for Aanroval of the PUD Develoament Plan: 34 35 1. The proposed Maxwell Residential PUD Development Plan, as conditioned, results 36 in a more desirable use ofthe land and a better physical environment than would be 37 possible under any single zoning district by allowing the establishment of larger 38 single family lots with substantial open space area, including a portion.. of the Kelly 39 Creek comdor at and/or near the City's Urban Limit Line. 40 al 2. The. establishment of annon-development pazcel to preclude further development 42 over a portion of the site (Kelly Creek Open Space corridor) is consistent with 43 General Plan policies regarding the preservation of designated Open Space; and 4a the configuration of buildable lot azeas combined with non-development easements as and building setback lines is consistent with policies in the General Plan regarding a6 the preservation of the scenic beauty of the Western hills as well as the policies 47 regarding density reduction in proximity to the Urban Limit Line. as 49 3. The Development Plan for the proposed development, as conditioned, presents a 50 unified and organized arrangement of building envelopes, utilities, and landscaping 51 which are appropriate in relation to the natural hillside and improvements on sz nearby properties. Res. ~o.....,96-1,24...., ncs. Oage 1 of 3 1 2 4. The natural and scenic qualities of the site are protected, with adequate available 3 public and private spaces, including open space easements as proposed and 4 conditioned, for the Unit Development Plan. 5 6 5. The development of the Maxwell property in the manner proposed by the 7 applicant, and as conditioned by the City to provide vehicle and pedestrian access 8 including a public path and sidewalk adjacent to "D" Street, will not be detrimental 9 to the public welfaze, will be in the best interest of the City, and will be in keeping to with the general intent and spirit of the General Plan of the City of Petaluma and 11 its applicability to the Sunny Slope Annexation area. 12 13 6. The vehicle and pedestrian circulation pattern of the. proposed Planned Unit la Development Plan has been reviewed in the context of the traffic capacity on "D" 15 Street, neazby developed properties and the potential development of adjacent 16 properties and, has been designed to be compatible with the circulation patterns, 17 needs, and carrying capacity. 18 19 7. The proposed PUD Development Plan has complied with the requirements of 20 CEQA pursuant to Section 15162 of the CEQA Guidelines, through the 21 preparation and certification of the FEIR for the Sunny Slope Annexation and the 22 subsequent Mitigated Negative Declaration prepazed and adopted (Resolution 23 No. N.C.S.) by the City Council for this project which addresses the 24 potential environmental impacts associated with its development, and no further 25 environmental analysis is necessary. 26 27 Conditions for the PUD Develoament Plan: 28 29 1. All requirements from the City Planning Department shall be complied with, 30 including: 31 32 a. All mitigation and monitoring measures of the Mitigated Negative 33 Declaration (Resolution No. 96-121 N.C.S.) adopted for this project shall 34 be enforced, as applicable, with all components of the PUD Development 35 Plan, including but not limited to, the PUD Development Plan (site plan), 36 the PUD Landscaping and Fencing Plan, and the Development Guidelines. 37 b. All conditions of the Tentative Subdivision Map (Resolution 3a No. 9,-1 .SN.C.S.) adopted for this project shall be enforced, as 39 applicable, with .all components of the PUD .Development Plan, including ao but not limited to, the PUD Development Plan (site plan), the PUD al Landscaping and Fencing Plan, and the Development Guidelines. az c. All aspects of the PUD Development Plan, including but not limited to, the 43 PUD Development Plan (site plan), the PUD Landscaping and Fencing as Plan, and the Development Guidelines shall be reviewed and approved by 45 SPARC, and amended accordingly, subject to staff review and approval 46 priorto Final Map approval. 47 d. A full scale reproducible copy of the PUD Development Plan, Landscaping as and Fencing Plan and a final copy of the Development Guidelines as a9 approved by SPARC shall be submitted to the Planning Department, so subject to staff review and approval prior to Final Map approval. 51 e. Development ofall public and private improvements for Phases 1 and 2 of 52 this PUD Development plan, including but not limited to, the PUD Page 2 of 3 1 Development Plan (site plan), the PUD Landscaping and Fencing Plan, and 2 the Development Guidelines must comply with all applicable mitigation and 3 monitoring measures of the Mitigated Negative Declaration (Resolution a No. 96-121 N.C.S.), and all applicable conditions of the PUD 5 Development Plan and Tentative Subdivision Map. 6 f Development of the residential lots within Phases 1 and 2 of this PUD 7 Development Plan shall comply with all provisions of the Development 8 Guidelines on file with the City of Petaluma, subject to staff review and 9 approval. to g. The applicants/developers shall defend, indemnify, and hold harmless the 11 City or any of its boards, commission, agents, officers, and employees from 1z any claim, action or proceeding against the City, its boards, commission, 13 agents, officers, or employees to attack, set aside, void, or annul, the la approval of the project when such claim or action is brought within the 15 time period provided for in applicable State and/or local statutes. The City 16 shall promptly notify the applicants/developers of any such claim, action, or 17 proceeding. The City shall coordinate in the defense. Nothing contained in 18 this condition shall prohibit the City from participating in a defense of any 19 claim, action, or proceeding if the City bears its own attorney's fees and 20 costs, and the City defends the action in good faith. 21 22 2. All requirements from the City Building Division shall be complied with, including: 23 za a. Grading plans must be certified when completed to indicate compliance z5 with approved plans and will be required foroccupancy. 26 b. Certify finish floor elevation before occupancy. 27 c. Any holding tank required for elevations ,above 160 feet must meet 28 Engineering Department design requirements. 29 d. Where ground slopes greater than 1 on 10, foundations shall be stepped per 3o Uniform Building Code 2907(c). 31 e. Soils with expansion index greater than 20 requires special design 32 foundation per Uniform Building Code 2904(b). 33 f. All roofing shall be "B" rated of better per Ordinance No. 1744/1988. 34 g. Driveway gradient shall comply with ordinance No. 1533/1982. 35 h. Responsible party to sign plans. 36 i. Submit soils report to verify foundation design. 37 j. Plans must show compliance to 1994 UBC, UPC, UMC, and 1993 NEC. 38 Plans must also show compliance to current Title 24 Energy Code. 39 k. Provide structural calculations for all non-conventional design items. 40 41 MAXPUD/hg24/word6 42 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 asap Council of the City of Petaluma at a (Regular) kACdpRRtY4E4tjC1&~ meeting form on the ._20Yh...-°_.... daY of ...--'---....lYlaY------....---"---......._......., 19..9&., by the following vote: City Attorney AYES: Maguire, Hamilton, Stompe, Read, Shea, -Vice Mayor Barlas, Mayor Hilligoss NOES: None ABSENT: No ~ _ ~ ' ATTEST: v~~~. .!/.t"~ City Clerk Mayor Council File ' cn io-as w:,-vu_9.5.c1.24___.. recs- Page 3 oP 3