HomeMy WebLinkAboutResolution 94-73 04/04/1994• Resolution No. 94-73~ N C.S.
1 ~.~`~~~ of the City of Petaluma, California
2
3 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
4 PLAN AND A 40% DENSITY BONUS FOR ROUNDWALK VILLAGE,
5 A 132 UNIT AFFORDABLE RESIDENTIAL PROJECT ON A 6.3 ACRE PARCEL
6 LOCATED AT 745 MCDOWELL BOULEVARD NORTH (APN 048-080-037)
7
8 WHEREAS, the project site has been rezoned to Planned Unit District by Ordinance No.
9 1951 N.C.S.; and,
10
11 WHEREAS, by action taken on March 8, 1994, the Planning Commission considered and
12 forwarded a recommendation to the City Council to conditionally approve a Planned Unit
13 Development Plan and density bonus for the Roundwalk Village residential project; and,
14 .d
15 WHEREAS, the City Council has found that the requirements of the California
16 Environmental Quality Act have been satisfied through the preparation and certification of
17 an Environmental Impact Report for the project (certified, ,approved and adopted by
18 Resolution No. 94-63 N.C.S.); and through the adoption of a Resolution setting forth
19 specific findings regarding potential significant environmental impacts, adopting mitigation
20 measures which will avoid or reduce said impacts to a level of insignificance and adopting a
21 monitoring strategy for each mitigation (Resolution 94-64. N.C.S.).
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23 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby conditionally
24 approves the Planned Unit Development Plan as shown on the Development Plan and the
25 written PUD standards received on November 8, 1993 and 12/2/94; all on file in the City
26 of Petaluma Planning Department, pursuant to Section 19A-504 of Zoning Ordinance 1072
27 N.C.S., as amended based on the following findings and subject to the following conditions:
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29 Planned Unit Development Plan Findings:
30
31 1. The proposed Roundwalk Village PUD, as conditioned, is in compliance with the
32 goals and objectives of the General Plan.
33
34 2. The public necessity, convenience and general welfare clearly permit the adoption
35 of the proposed Rezoning.
36
37 3. The development plan, as conditioned, results in a more desirable use of the land
38 and a better physical environment than would be possible under any single zoning
39 district by providing affordable units in a creative design.
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Res. No...........9.4.-7..3..... N.G.S.
4. The plan for the proposed development, as conditioned, presents a unified and
organized arrangement of buildings and service facilities which are appropriate in
relation to nearby properties, and adequate landscaping and screening will be
reviewed by SPARC to insure compatibility.
5. The development of the Roundwalk Village project, in the manner proposed by the
applicant, will not be detrimental to the public welfare, will provide much needed
affordable housing, will be in the best interest of the City, and will be in keeping
with the general intent and spirit of the zoning regulations and General Plan of the
City of Petaluma.
6. The circulation pattern of the proposed PUD plan, as conditioned, has been found
to have a suitable relationship to the adjacent circulations system as conditioned.
All circulation and traffic impacts of the project can be mitigated through the
incorporation of specific mitigation measures identified in the Draft EIR prepared
for the project.
7. The development of the subject property, in the manner proposed by the applicant
and conditionally approved, shall continue to provide affordable housing for
families.
8. The natural and scenic qualities of the site will be preserved through the
incorporation of the biological mitigation measures identified in the FEIR prepared
for the project.
9. All requirements of CEQA have been adhered to through the preparation and
Certification of a Final Environmental Impact Report (EIR) which identified
impacts and proposed mitigations to avoid or .mitigate all impacts to a level of
insignificance.
10. The proposed project is consistent with the provisions of Govt Code Section 65915
through 65918 regarding Density Bonuses.
11. The project has been designed to accommodate the higher density, in an attractive
environment while providing significant amount of privacy for each future family.
Reso. 94-73 NCS 2
12. The project is located well within the City's Urban Limit Line and can be served by
existing infrastructure and services.
13. Granting a density bonus will help satisfy City housing policies regarding the
provision of affordable rental housing at a lower subsidy per unit than would be
required for a lower density project.
14. The benefits of the project (more affordable housing) and the ability to mitigate
noise levels to a reasonable range, warrant the application of the conditionally
acceptable noise level for the 14 units along McDowell Boulevard North as
permitted by the City's General Plan.
Conditions•
1. 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 applicants/developers of any such
claim, action, or proceeding. The City shall coordinate in the defense. Nothing
contained in this condition shall prohibit the City from participating in a defense of
any claim, action, or proceeding if the City bears its own attorney's fees and costs,
and. the City defends the action in good faith.
2. All mitigations listed in the Final EIR, as amended shall be conditions of approval
of the Planned Unit Development Plan.
3. The applicant shall comply with the following conditions of the Planning
Department:
a. All physical aspects of the project including the site plan, landscape plans and
architectural drawings, and written PUD standards shall be subject to review
by SPARC prior to issuance of building permits.
b. The project sponsor shall execute a covenant (or comparable binding
document to be approved by the City Attorney) with the City of Petaluma
insuring that occupancy of 49% of the units shall be exclusively for very low
and low income families prior to issuance of building permits.
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Reso. 94-73 NCS
4. The applicant shall comply with the following conditions of the Engineering
Department:
a. A complete topographic survey of the project site shall be produced and shall
accurately locate existing frontage improvements, structures above and below
ground, easements, adjacent structures and/or improvements, and any other
pertinent information.
b. A site plan shall be submitted with the building permit package showing
accurate horizontal and vertical location of all site improvements.
c. Proposed water mains and sanitary sewer mains shall be shown on the plans.
If water and sewer lines are to be public, proposed easements shall also be
indicated.
d. Right-of-way shall be dedicated along the frontage of this property if deemed
necessary.
e. Overhead utilities along the frontage and traversing this site shall be placed
underground.
f. The proposed storm drain system shall be approved by the Sonoma County
Water Agency.
g. All public improvements shall conform to the latest standards of the City of
Petaluma.
5. The plans shall be amended so that the meandering pathway along the creek is
constructed entirely within the boundaries of the project so as not to intrude upon
the lands of the Sonoma County Water Agency unless otherwise approved by
SCWA.
6. The written Planned Unit Development Standards shall be amended to allow the
proposed cafe/store as a conditionally permitted use. All aspects of the store/cafe
operation shall be subject to review under the City's Administrative Conditional Use
Permit process as outlined in Section 26-500 of the City of Petaluma Zoning
Ordinance. Approval of the Use Permit shall be based on the project's compliance
with the following minimum criteria:
a. The primary purpose of the store shall be to serve the residents of the
Roundwalk Village project.
Reso. 94-73 NCS 4
e
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1 b. No 24 hour or late night (between 10:00 p.m. and 6:00 a.m.) operation
2 shall be permitted.
3
4 c. No advertising which is directed toward McDowell Boulevard shall be
5 permitted.
6
7 d. No internally illuminated advertising shall be permitted.
8
9 e. The Conditional Use Permit may be subject to periodic review by the
10 Planning Director to determine compliance with conditions of
11 approval and revocation procedures may be commenced at any time if
12 violations of conditions of approval occur.
13
14 Additional criteria or conditions may be imposed through the Administrative Use
15 Permit process as permitted by Section 26-500 of the City of Petaluma Zoning
16 Ordinance.
17
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19 rdwkpudr/ddll
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) (1~1d3~a~Qtat1) meeting -form
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on the .-.4th ................ day of .........Apr11--------•---•---------------......---.., 19....9.E by tl~e
following vote: "• -
t E{itt ney
AYES: Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
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ABSENT: Barlas (SC e vacant seat (Nelson resigned Apri 19
ATTEST : .......:.... ......... ....... ~..~..............---....-. -- -- .- . ..- .- ....-..-•- --•--- ...--•• --•---- --~~~-r•=•• ==-.-.---..
y Clerk / Mayor
Council File..-----r.7 ............................ e
CA 10-R5 ~ Res. No....94.-!..~3 ............. N.C.S. J