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HomeMy WebLinkAboutResolution 2006-191 N.C.S. 11/20/2006 Resolution No. 2006-191 N.C.S. of the City of Petaluma, California APPROVAL OF THE VESTING TENTATIVE SUBDIVISION MAP FOR THE REDWOOD GATEWAY RETAIL CENTER TO CREATE SEVEN (7) SEPARATE PARCELS ON THE 16.21-ACRE SITE LOCATED AT NORTH MCDOWELL BOULEVARD AT REDWOOD WAY; APN 007-411-20 AND -21 FILE OSTSM0669CR WHEREAS, by action taken on January 24, 2006, the Planning Commission considered the proposal and forwarded a recommendation to the City Council to approve the Vesting Tentative Subdivision Map for the Redwood Gateway Retail Center subject to conditions; and WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Environmental Impact Report for the Redwood Technology Center, certified by the City Council by adoption of Resolution No. 2003-048 N.C.S. This EIR analyzed the environmental impacts the Redwood Gateway Retail Center, and identified mitigation measures to reduce the environmental impacts of the project; and WHEREAS, the City Council. considered the Redwood Gateway Vesting Tentative Map on March 6 and November 20, 2006 and considered all written and verbal communication concerning the project before rendering a decision; NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Vesting Tentative Subdivision Map for the Redwood Gateway Retail Center subject to the following. Findings and Conditions: FINDINGS: 1. The proposed Vesting Tentative Subdivision Map, as conditioned, is consistent with the provisions of Title 20, Subdivisions, of the Municipal Code (Subdivision Ordinance) and the State Subdivision Map Act. 2. The proposed subdivision, together with provisions for its design and improvements, is consistent with the General Plan, and will not be detrimental to the public health, safety, or welfare in that adequate public facilities exist or will be installed, including roads, sidewalks, water, sewer, storm drains, and other infrastructure. 3. The site is physically suitable for the type of development that currently exists on the property, and no additional development is contemplated in conjunction with this proposed subdivision. Resolution No. 2006-191 N.C.S. Page 1 4. The subdivision will not cause substantial environmental damage, and no substantial or avoidable injury will occur to fish or wildlife or their habitat. An EIR was prepared, which .analyzed the environmental impacts the Redwood Gateway Retail Center, and identified mitigation measures to reduce the environmental impacts of the project. The proposed subdivision would not result in any environmental impacts beyond those already analyzed in the certified EIR, and no additional mitigation measures are required. CONDITIONS OF APPROVAL: From the Planning Division: 1. The plans submitted for building permit review shall be in substantial compliance with the Tentative Map, Unit Development Plan and Preliminary Grading Plan, dated. April 5, 2005, except as modified by these conditions. 2. Upon approval by the City Council, the applicant shall pay the $35.00 Notice of Determination fee to the Planning Division. The check shall be made payable to the County Clerk. Planning staff will file the Notice of Determination with the County Clerks office within five (5) days after receiving Council approval. 3. All buildings, landscaping and other site improvements shall be maintained consistent with PCD Development Standards approved for the Redwood Gateway P-C District and the plans approved by the Site Plan and Architecture Review Committee (SPARC). 4. No additional development beyond what i~s allowed by the approved General Development Plan for the Redwood Gateway Retail Center, and. the site, landscape and architectural plans approved by the Site Plan and Architecture Review Committee (SPARC) shall be permitted. From the City Engineer: 5. Maintenance agreements and crossover easements shall be required for shared access and utilities (water, sewer and storm drains). 6. A property owners association, including all parcel owners in the Center, shall be established to maintain the common area (Lot G). CC&R's shall be submitted to the City Engineer which shall include but not be limited to provisions to ensure that maintenance of landscaping in common area (Lot G) is adequately and consistently maintained. 7. The final map shall be prepared in accordance with the latest policies, standards, codes, resolutions and ordinances adopted by the City of Petaluma. 8. The applicant shall submit the required application fees and technical review deposit at the time of final map application submittal. Other: 9. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against Resolution No. 2006-191 N.C.S. Page 2 the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, including the certification of associated environmental documents, 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 and if the City chooses to do so appellant shall reimburse City for attorney fees by the City. Under the power and authority conferred upon this Council by the Charter of.said City. REFE~NCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 20`~ day of November, form: 2006, by the following vote: ',~.f G 1, City Attorrle~ AYES: Harris, Healy, Vice Mayor Nau, O'Brien NOES: Torliatt ABSENT: Mayor Glass - ABSTAIN: None ATTEST: f G{°~"'°"' eputy City Clerk Vice M ~yor . Resolution No. 2006-191 N.C.S. Page 3