HomeMy WebLinkAboutResolution 96-336 12/16/19961
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Resolution No. ss-sss N.C.S.
of the City of Petaluma, California
APPROVING THE UNIT DEVELOPMENT' PLAN FOR TUXHORN ESTATES.
A 4 LOT CUSTOM HOME DEVELOPMENT ON 0.97 ACIDS
SITUATED AT 370 SONOMA MOUNTAIN PARKWAY, AP NO 136-570-017
WFIEREAS, by Ordinance No. 2041 N.C.S., a 0.97 acre portion of Assessors
Parcel No. 136-570-017, has been rezoned to PUD (Planned Unit Development); and
WI-IEREAS, by action taken on October 8, 1996, the Planning Commission considered
and forwarded a recommendation to the City Council on the trait development plan for
development of a 4 lot custom home development on 0.97 acres;' attd
WHEREAS, the City Council finds that the requirements of the California Environmental
Quality Act (CEQA) have been satisfied through adoption of a Mitigated Negative
Declaration under Resolution No. g-~1 N.C.S:, to avoid or reduce to a level of
insiguific~tnce, potential impacts generated by the proposed Tuxhorn Estates project;
NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts the
following findings:
Findings fur Approval of the PUD Development Plan
The proposed 'Tuxhorn Estates PUD District is proposed on property which has a
suitable relationship to one or more thoroughfares (Sonoma Mountain Parkway,
Castle Drive, Windmill Lane) and said thoroughfares with the improvements
herein required, are adequate to carry any additional traffic venerated by the
development.
2. The plan for the proposed Tuxhorn Estates development presents a unified and
organized arrangement of buildings and service facilities which are appropriate in
relation to adjacent or nearby properties, particularly existing development in the
Kingsmill Subdivision, and adequate landscaping and screening is included to
ensure compatibility with surrounding uses, by conditions requiring consistent
lotting patterns, and design and development standards that are compatible with
neighboring development.
3. The natural and scenic qualities of the site are protected, with adequate available
public and private spaces designated on the PUD Development Plan, through
mitigation measures and project conditions that provide for the protection of
existing significant tree clusters and adequate building setbacks.
4. The development of the subject Tuxhorn Estates custom home project in the
manner proposed by the applicant, and as conditioned, will not be detrimental to
Resolution xo. 96-33 6 rs:cs. Page 1 of 5
1 the public welfare, will be in the best interests of the City, and will be in keeping
2 with the general intent and spirit of the zoning regulations of the City of Petaluma,
3 with the Petaluma General Plan, and with other applicable plans adopted by the
4 City.
6 5. The Tuxhorn Estates project will help the City achieve its housing policies,
7 especially Policy 4 of the General Plan Housing Element, which encourages the
8 building of housing on underutilized land.
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IO 6. The Tuxhorn Estates project is designed to be compatible with surrounding uses
11 because it is residential in character and will not result in a more intensive use of
12 the ]and with operating characteristics that are incompatible with neighboring
13 single family residential uses.
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15 BE 11' FURTHER RESOLVED that the Tuxhorn Estates Unit Development Plan as
16 referred by the Planning Commission and presented at the November 4, 1996 meeting of
17 this Council are hereby approved pursuant to Section 19A-504 of Zoning Ordinance No.
18 1072 N.C.S., as amended, subject to the following conditions:
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20 Conditions for PUD A~roval
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22 1. All mitigation measures adopted in conjunction with approval of the Mitigated
23 Negative Declaration (Resolution 96-319 NCS) for the Tuxhorn Estates project
24 are incorporated herein by reference as conditions of project approval. The
25 project shall also comply with all applicable mitigations specified for properties
26 within the Corona/Ely Specific Plan Area as contained in Resolution No. 89-122
27 NCS, which certified, approved and adopted the Environmental Impact Report for
28 the Corona/Ely Specific Plan.
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30 2. At time of application for administrative SPARC approval of the PUD
31 Development Plan, written PUD Development Standards shall be developed and
32 submitted for staff approval which reflect the following:
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34 a. Minimum building setback standards shall be as follows:
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36 Primary Buildine
37 Front 20' for residence or detached garage from property line
38 18' from back of sidewalk to face of garage
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40 Side street 10' from property line on Castle Drive
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42 Interior Side 5' from property lines
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44 Rear 20' from property line abutting church site
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46 Accessory structures and uses shall be subject to applicable provisions of
47 the Zoning Ordinance as they apply to the R-1 6500 Zoning District.
Reso. 96-396 NCS Page 2 of 5
b. Maximum permitted building height shall be 30' measured from finished
grade to the average height level between building eaves and the primary ridge of
the roofline.
6 c. Minimum required off-street parking shall be two covered and one
7 uncovered parking stalls for the primary residence. Parking for accessory uses
8 shall be subject to applicable provisions of the Zoning Ordinance.
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10 d. The permitted principal use of the lots shall be limited to detached single
11 family custom homes and conditional and accessory uses normally associated
12 with residential development as identified under the R-1 6500 Zoning District,
13 including small family day care and accessory units. Uses not specified under the
14 PUD Zoning regulations or the Zoning Ordinance shall be subject to the Planning
15 Director's determination.
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17 e. Perimeter rear yard and side street fencing shall be maintained per the
18 approved PUD Development Plan. Interior lot fencing and front yard fences shall
19 be subject to applicable provisions of the Zoning Ordinance.
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21 f Architectiual design standards shall be developed which are compatible
22 with the design character and visual quality (mass, materials, color schemes) of
23 surrounding development in the Kingsmill Subdivision. '1"he standards shall
24 specify that no fewer than two different floor plans may be constructed on Lots 1-
25 4, and unit exteriors shall be visually distinct from other homes in the nearby
26 vicinity.
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28 g. Development of each lot in the Tuxhorn Estates subdivision shall be
29 subject to administrative SPARC review with emphasis on compatibility with
30 existing adjacent development, appropriate grade and visual transitions at property
31 lines, preservation of the existing oak trees adjacent to Lot 1, appropriate design
32 of irrigation and landscaping to ensure compatibility with existing landscape
33 elements, preservation of privacy for residents on abutting lots, attractive views
34 from Sonoma Mountain Parkway and adjacent properties, and compliance with all
35 previously adopted project requirements.
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37 h. No fiirther development potential for the project site shall be permitted.
38 The PUD Standards shall contain provisions identifying the minimum required lot
39 area for Lots 1-4 as that which is consistent with the smallest lot proposed, and
40 specifying that no further subdivision of the lots is permitted.
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42 3. The PUD Development Plan shall be subject to administrative SPARC review,
43 and shall reflect the following:
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45 a. Building envelopes shall be consistent with the minimum required
46 setbacks adopted'for the project.
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48 b. Property lines shall be modified to permit an increased setback from the
49 existing eucalyptus grove on the adjacent property to the southeast of the
Reso. 96-336 NCS Page 3 of 5
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remainder parcel as required under the adopted mitigation measures, and to avoid
impacts to the existing oak trees on proposed Lot 1 and the remainderparcel. The
property lines for Lot 1 specifically shall be modified to reflect retention of the
oaks within the planter area of the remainder parcel. Lot lines shall be relocated
beyond the dripline of the trees sufficiently to preclude significant impacts to the
root systems. of the trees, and to retain an attractive visual landscape treatment
along the Castle Drive street frontage.
c. A grading plan shall be submitted which identifies proposed cut acid fill
areas, retaining walls and modifications to grades in the vicinity of the oak trees,
as well as the proposed transition at the rear of the lots and along the street
frontages. Plans shall identify all existing vegetation proposed for removal, and
the proposed location of driveway curb cuts.
d. A perimeter fencing plan shall be submitted which identifies the proposed
location and design of fencing to be located adjacent to the remainder parcel and
along street frontages.
e. A specific planting plan shall be submitted which reflects the proposed
materials and spacing of all landscaping in the public right-of--way.
£ The PUD Development Plan shall reflect the proposed lot areas,
dimensions, the location of existing sidewalk and other improvements along the
street frontage, easements, and other site and zoning information affecting the
preparation of lot specific development plans by individual lot buyers.
4. All requirements of the Building Division, Fire Marshal, Engineering and Public
Works Departments shall be met and reflected on plans submitted for
development permit issuance.
This project shall be subject to payment of a fair share contribution toward
Sonoma Mountain Parkway benefit assessment district fees as specified under the
Corona/Ely Specific Plan, as determined by Financestaff at time of Fina] Parcel
Map application.
6. Subdivision CC&Rs if proposed or required by other agencies, shall be subject to
the review and approval of Planning and Engineering staff and the City Attorney
prior to recordation of the Final Parcel Map. Review shall emphasize inclusion of
adequate language to ensure appropriate enforcement of maintenance provisions
pertaining to proposed drainage facilities located within private easements along
the rear property lines, and consistency with adopted zoning provisions and other
City regulations.
7. The applicants/developers shall defend, indemnify, and hold harmless the City or
any of its boards, commission, agents, officers, and employees from any claim,
action or proceeding against the City, its, boards, commission, agents, officers, or
employees to attack, set aside, void,, or annul,. the approval of the. project when
such claim or action is brought within the time period provided for in applicable
State and/or local statutes. The City shall promptly notify the
Reso. 96-336 NCS Page 4 of 5
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] applicants/developers of any such claim, action, or proceeding, The City shall
2 coordinate in the defense. Nothing contained in this condition shall prohibit the
3, City fromparticipating in a defense of any claim, action, or proceeding if the City
4 bears its own attorney's fees and costs, and the City defends the action iii good
5 faith.
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7 tuxhres3/tp32
Under the power and authority wnfetred 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) xatigx(;9(.ttat~Aq meeting form
on the ....1.6ih...---...... day of ..........L?eceln.ke> :............................ Is:.9.6., by the ~ .~
' following vote: ,,:~,....
...............................
CityAttorney
AYES:
NOES:
ABSENT:
ATTEST:
.,~i-_. CA 1085 '
.k=~:a
a.,
Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stomps, Mayor Hilligoss
None
None
ity Clerk
Cotmcil Figlec.~qq...99..........._.._......_
Hes. Na ..9.6.-.~LJa)........ N.C.S.
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