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HomeMy WebLinkAboutResolution 93-08 01/04/19931 2 3 5 6 7 8 9 10 11 12 13 14 15 1b 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Resolution No. ~~-~g NC.S. of the City of Petaluma, California RESOLUTION OF THE CITY OF PETALUMA APPROVING THE AMENDED PLANNED UNIT DEVELOPMENT PLAN FOR THE ADOBE CREEK GOLF AND COUNTRY CLUB UNIT 2 LOCATED BETWEEN CASA GRANDE AND FRATES ROADS EAST OF ELY BOULEVARD AND REPEALING RESOLUTION N0.89-338 N.C.S. APPROVING THE ORIGINAL PUD (FILE REZ92013) WHEREAS, the City Council of the City of Petaluma on November 6, 1989, adopted Resolution No 89-338 approving a Planned Unit Development Plan for the 267-lot single family residential subdivision known as Adobe Creek, Unit II; and WHEREAS, an EIR had been previously prepared and certified by the City Council in January of 1985 in conjunction with the larger Planned Community District (previously known as Muirwood Golf Course) which included the development of the Adobe Creek, Unit II parcel; and WHEREAS, an application to amend the previously approved Planned Unit development was submitted to the Planning Department by the current owners, J.G. Orbis, on October 27, 1992; and WHEREAS, by action taken on December 8, 1992, the Planning Commission recommended conditional approval of the proposed amendments to the Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED that the City Council finds that: 1. The changes to the Planned Unit Development plan and the development agreement do not require any revisions to the previously certified EIR due to the involvement of new significant environmental impacts not considered in the previously certified EIR. 2. There are no changes with respect to the circumstances under which the project is being undertaken which will require revisions in the previously certified EIR due to the involvement of new significant environmental impacts not considered in the previously certified EIR. 3. There is no new information of substantial importance which was not known and could not have been known at the time the previous EIR was certified which shows that the project will have one or more significant effects not discussed previously in the EIR, that any significant effects previously examined will be substantially more severe than shown in the EIR, that the mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially lessen one or more significant effects on the environment, or that mitigation measures or alternatives which were not previously considered in the EIR would substantially lessen one or more significant effects on the environment; and Res. No. ........9..,...0.8........ N.C.S. 1 2 BE IT FURTHER RESOLVED that the City Council hereby repeals and replaces 3 Resolution No. 89-338 approving the original Planned Unit Development for Unit II; and 4 5 BE IT FURTHER RESOLVED that. the City Council hereby approves the Adobe Creek, 6 Unit II Planned Unit Development Plan as represented in the elevation drawings, floor 7 plans and site plans received in the Planning Department on October 27, 1992, based on 8 the following findings and subject to the following conditions: Findin s: 1. The previously certified EIR is adequate in relation to the currently proposed changes to the Adobe Creek PUD, Planned Unit Development for Unit II, Phases 1 and 2, and no further environmental review is necessary per CEQA Guidelines Section 15162. 2. The development plan results in a more desirable use of the land and a better physical environment by improving the appearance of the front elevations. 3. The plan for the proposed development will be compatible with the rest of Adobe Creek because the proposal, as conditioned, does not involve any substantial changes to building setbacks or building heights and as found, presents a unified and organized arrangement of buildings which are appropriate in relation to nearby properties. 4. The introduction of the new models will not be detrimental to the public welfare, 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 by improving diversity in the development by increasing the number of different models. 5. The proposed amendment to Unit II Phase 1 of the PUD does not involve any changes to the circulation pattern established in the original PUD. Conditions: (Note: this list contains the conditions of the original approval for Unit II which are still applicable to the project (designated by "O"), amended conditions ("A") and as well as conditions which apply to the current amendments ("N"). Staff is proposing that the Resolution approving this amendment supersede Resolution No. 89-338 N.C.S. which approved the Original Unit II Development Plan): (A)1. The applicant shall submit written Planned Unit Development standards for the Unit II area to the Planning Department for review by SPARC prior to approval of any additional building permits. The written PUD Standards must consist of the following items: (N)a. The proposed mix of models as shown on the PUD plan dated October 27, 1992 or as revised through SPARC review. The written PUD standards may allow minor changes in this mix subject to Planning Director review if it can be determined that the overall mix and diversity of housing types throughout Unit II, Phase I will not be affected. Reso. 93-08 NCS 2 (A)b. The identification of options and/or restrictions applicable to homeowners for construction of structural. additions or accessory structures. If permitted these additions must be contained within the building envelope as defined on the approved PUD plan. Maximum lot coverage for principle dwelling and accessory improvements equivalent to the defined building envelopes as reflected on the approved PUD plan. (A)c. The identification of options andlor restrictions applicable to homeowners for construction of minor additions (i.e., decks, uncovered patios, spas, pools). (A)d. A maximum residential building height of two and one half stories, not to exceed 32'. e. Minimum setbacks as follows: (O) Models 4,5,6 & 7: Front: average 18' feet to garage door unless deemed by City Staff to require more to provide adequate maneuvering area. Rear: 12' minimum from rear-most plane of structure closest to rear property line. Side: 3' mimmum to property line, 10' separation between adjacent residences. (N) Models N5, N6, N7 & N8: Front: average 18' feet to garage door unless deemed by City Staff to require more to provide adequate maneuvering area. Rear: 20' average to rear property line. Side: 3' minimum to property line, 10' separation between adjacent residences. (N) Models N1, N2, N3 & N4: Front: average 18' feet to garage door unless deemed by City Staff to require more to provide adequate maneuvering area. Exceptions: A reduced garage door set back may be allowed for Lots 62 & 79 subject to approval by SPARC provided that not less than two parking spaces are provided for within the driveway. One or two of these spaces may be compact if necessary. Rear: 12' minimum from rear-most plane of structure closest to rear property line. Exceptions: An encroachment of into the minimum rearyard setback may be permitted for Lots 69 and 72 provided that adequate outdoor living area is maintained, subject to approval by SPARC prior to approval of the building permits for these lots. Reso. 93-08 NCS 3 Side: No minimum to property line; 6' separation between adjacent residences. (O)f. Provision requiring that the rebuilding and/or replacement of residential structures, including fences, conform to the approved PUD plan. (O)g. Prohibition of garage conversions. (O)h. Provision requiring that recreational vehicles be stored off-site, or within the garage. (O)i. Provision allowing Home Occupations subject to any regulations of the Petaluma Zoning Ordinance and any other restrictions proposed by the applicant subject to review and approval by the Planning Director. (O)j. Parking enforcement plan subject to review and approval by City Staff. (A)2. All aspects of the proposed development plan are subject to review by SPARC prior to approval of any building permits for the new models; including but not limited to: architecture of the eight new models, public and private landscaping (except the golf course and private rear and side yards), hardscape surface treatments, private street identification signs, lighting fixtures, irrigation, public right-of-way pathways, project identification signs and fencing and the revised written PUD standards prior to the issuance of any building permits for these new models. Particular emphasis shall be given to: a. Provision of substantial landscaping along project's perimeter, including Casa Grande, Frates Road and Old Adobe Roads. b. Interior streetscape with substantial street tree planting, in excess of minimum standards typically seen, the intent being to make this Petaluma's "show-place" housing project. c. Provision of screen planting adjacent to residential fences which abut golf course pathways. d. Provision of at least four off-street parking spaces for each residential unit, with adequate driveway width and length to afford safe maneuvering. (N)3. As shown on the "Proposed Lot Line Adjustments" map, some house footprints extend beyond the property lines. The applicant shall submit a revised site development plan which corrects these situations showing the revised locations of the property lines, house locations in compliance with the minimum setback requirements listed above, and the location of the fences between lots for review by SPARC prior the issuance of any building permits for these new models. (N)4. The project CC&R's must be modified, as they relate to Unit II, so as not to conflict or be more lenient than the conditions of project approval listed here subject to City staff approval prior to issuance of any additional certificates of occupancies OR the applicant shall cause to be recorded prior to or concurrent with the recordation of the amended final mad, a document which provides notice to existing and new homeowners that certain aspects of the CC&R's are in conflict with the approved Planned Unit Development (PUD) Standards and that the PUD standards shall Reso. 93-08 NCS 4 take precedence over the CC&R's. The form of this document shall be subject to review and approval by City staff prior to approval of the amended Final Map. A copy of this document shall be sent to existing homeowners. (N)5. The applicant shall submit the required applications and materials for the necessary amendments to the existing yard use easements and Lot Line Adjustments on Lots 187-190 and Lots 195-198 in the Phase II model complex prior to the issuance of building permits on these lots. (N)6. The applicant shall submit a bond for all right-of-way improvements not installed in area in front of the model complex, subject to staff review and approval prior to issuance of building permits for the model complex. (A)7. All landscaping, irrigation systems, lighting, walls, fences, etc., within the public rights-of-way along Ely Boulevard South, Casa Grande Road and Frates Road, shall be maintained by the Homeowners Associations for Units I and II for at least one year (the 1992-93 fiscal year). If, after a period of one year, the City or the Homeowners Associations find it necessary or desirable to activate the already established Assessment District; the responsibility for maintenance will be transferred to the Assessment District. Landscaping and irrigation within the public right-of-way shall be designed to standards acceptable to the City of Petaluma and shall be operated by time-controlled devices designed to be activated during non- daylight hours. (A)8. All landscaping, irrigation systems, lighting and other improvements within the private right-of-ways, within the project site, shall be maintained through a homeowners association or other method, subject to City Council review and approval concurrently with the approval of the Amended Final Map. (O)9. Streetscape landscaping and pathway treatment shall be extended beyond City Limit lines to provide continuity of design, subject to SPARC review and approval. (A)10. Hours of outdoor construction activity on the Adobe Creek residential projects shall be limited to the hours of 7:00 AM to 6:00 PM, Monday through Saturday (non- holiday). No outdoor work shall be permitted on Sundays or holidays. (A)11. Public access and use of the course shall continue for a period of 50 years from the commencement of operations, unless reduced modified or extended by mutual consent of the City and J.G. Orbis or J.G. Orbis' successors in interest. Said obligations for public access shall run with the land and shall be binding on J.G. Orbis and its successors in interest and ownership. (N)12. The applicant must comply with the following conditions of the City Fire Prevention Bureau: For all Unit II: a. Post address at or near main entry door -minimum two inch letters. For the Model Complex: b. Permit required from Fire Marshal's office for sprinkler system alteration prior to work being started. Two sets of plans are required. Reso. 93-08 NCS 5 c. The model complex landscaping shall be redesigned to provide for emergency vehicle access subject to approval by the City Fire Marshal. (N)13. The applicant shall comply with the following conditions of the Engineering Department: a. The amended final mad shall be submitted in standard Final Map format. This would include having signatures on the map of all existing owners and interested parties of the entire subdivision or in a format approved by the City Director of Engineering and the City Attorney(Phase 1 only). b. The Development Agreement and the recorded open space easement shall be amended prior to or concurrent with the approval of the amended Final Map by the City Council. c. The applicant must submit detailed grading plans for all lots to be re- configured and all lots with zero lot line construction for review and approval by city staff, prior to approval of the amended Final Map. d. The applicant must provide a detailed improvement plan for the eight unit model complex for review and approval by city staff prior to approval of the amended Final Map. Improvement plan shall include water and sewer main location with appropriate "cleanouts" and "blow offs". Show how surface drainage is directed and collected in the parking lot area between the homes where street furniture will be. (N)14. The applicant must comply with the following condition of the City Public Works Department: Because lot lines are being relocated at the front of the properties, already installed water meter and/or sanitary sewer laterals may be on adjacent parcels. The applicant must submit revised improvement plans, as necessary, showing existing water and sewer service locations as well as driveway locations prior to approval of the Final Map Amendment and the Lot Line adjustments. The plan must demonstrate how conflicts between already installed sewer and water meters and new lot lines will be resolved. Additional private easements may be necessary. (N)15. The applicant must comply with the following condition of the City Police Department: A locked gate and fence shall be installed at the front walk entrance of those units having entries not directly visible from the street. Having a locked entrance gate (similar to a keyed pool gate) would allow the owners to better secure their residences. The gate would still allow patrol officers to look into the property so as to provide better security for the area. An intercom system at the gate would be convenient for the resident. (N)16. The applicant shall comply with the following condition of the City Building Division: Any part of a structure within 3' of a property line must be one hour rated and no openings will be allowed on these walls (Table SA, 1991 UBC). (N)17. This Planned Unit Development approval is contingent upon approval by the City Council of the amendment to the Final Map for Unit II, Phase 1. (N)18. This PUD amendment approval. is contingent upon approval of the amendment to the Development Agreement and to the open space easement by the City Council. Reso. 93-08 NCS 6 1 (N)19. This PUD amendment approval is contingent upon administrative approval of all 2 necessary Lot Line Adjustments showing the necessary changes. 3 4 (N)20. All applicable conditions of the Tentative Map Approval, as listed in Resolution 89- 5 339 N.C.S., which are not amended by this action shall remain in force 6 7 (O)21. All applicable conditions of the Planned Community Development (PCD) approval, 8 as listed in Resolution 87-1.15 N.C.S., which are not amended by this action shall 9 remain in force 10 11 12 adoberes/dd7 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) (di~F~fl?~X1€~~d) meeting ~O on the ---.~lth ............... day of ..........c~ail.Uri:~?..............................., 19..9., by the - .~ . _ following vote: ~ City Attorney AYES: Nelson, Barlas, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss NOES: None .ABSENT: Read ATTEST : ................ ..... .... •--• -• -- ......_ ..:~......_.........._........ ..._ ._..:. City Clerk Mayor Gbuncil File.....-° ............................ CA 10-85 ~ Res. No.....9.3.-Q.8........... N.C.S. ., _ ~f 7