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HomeMy WebLinkAboutResolution 90-325 09/17/1990Co R R r~c-r~o ~(~K5 idN r FZesolution No. 90-`~25 N ~.s. of the City of Petaluma, California RESOLUTION APPROVING THE UNIT DEVELOPMENT PLAN FOR MAGNOLIA TERRACE SUBDIVISION, A 12-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT LOCATED BETWEEN MAGNOLIA AVENUE AND CHERRY STREET, WEST OF KEOKUK, AP NO'S 006-012-15 AND 20 AND 006-402-08 WHEREAS, by Ordinance No. N.C.S., Assessor's Parcel Numbers 006-012-15 and 20 and 006-402-08, have been rezone to Planned Unit Development (PUD).; and WHEREAS, by action taken on July 24, 1990, the Planning Commission considered and forwarded a recommendation to the City Council on the unit development plan for 12 single-family units in said Planned Unit District; and WHEREAS, the City Council finds that the requirements of the California Environmental Quality Act Guidelines have been satisfied and hereby incorporates by reference ,the Mitigated Negative Declaration approved by Resolution No. 90-301 N.C.S. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following findings: PUD Findings: That the development plan as conditioned, results in a more desirable use of the land, and a better physical environment than would be possible under any single zoning district or combination of zoning districts. 2. That 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 adjacent or nearby properties and that adequate landscaping and/or screening is included if necessary to insure compatibility. 3. That the natural and scenic qualities of the site are protected, with adequate available public and private spaces designated on the Unit Development Plan. 4. That the development of the subject property, in the manner proposed by the applicant and conditioned by the City, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the zoning regulations of the City of Petaluma and with the Petaluma General Plan. 5. That the PUD District is proposed on property which has a suitable relationship to one (1) or more thoroughfares (Magnolia Avenue); and that said thoroughfares are adequate to carry any additional traffic generated by the development. NOW THEREFORE, BE IT FURTHER RESOLVED that the Magnolia Terrace Unit Development Plan, as presented at the August 20 and September 17, 1990 meeting of this Council, is hereby approved pursuant to Section 19A-504 of Zoning Ordinance No. 1072 N.C.S., as amended, subject to the following conditions: PUD Conditions: 1. Linda Gail Court shall be a public street with acurb-to-curb width of 28 feet where the road bridges the creek. Street .shall transition to 32' curb-to-curb width outside of the identified riparian area. Sidewalk shall be provided on the west side of the Kes. No........~9.~.-3.~.rJ..... N.C.S. street, design subject to SPARC approval. Improvements (including culvert inlet and outfall design, Magnolia Avenue frontage and storm drain improvements, and Linda Gail Court) shall be designed to retain the creek environment in as natural a state as possible; to minimize grading; and to minimize impacts on the riparian environment. The transition to natural grade at the back of sidewalk shall utilize rounded contouring techniques and shall occur as far north as possible. A biological mitigation plan (to include revegetation, monitoring and maintenance) for the riparian habitat area shall be approved by staff prior to application for Final Map. All shall be subject to review and approval by staff and by Horticultural Associates or another staff-approved arborist (cost to be borne by applicant). 2. All restoration, erosion stabilization and enhancement work either proposed and/or required along the waterway shall be subject to review and approval by all appropriate regulatory agencies to determine compliance with the City-adopted ~ohcy to retain the creek m a "natural state." Work shall be completed prior to issuance of the first Certificate of Occupancy, weather permitting. A monitoring program shall be required for five years following installation of mitigation plantings and shall be prepared by the developer prior to Final Map application. Monitoring program shall be subject to regulatory agency and City staff review and approval prior to Final Map approval. 3. Building envelopes on Lots 1 and 10 shall comply with the Sonoma County Water Agency creek setback (measured from the toe of the streambank, outward a distance of 2 1/2 times the height of the streambank plus 30 feet or 30 feet outward from the top of the streambank, whichever is greater). 4. Prior to final map approval, CC & R's shall be developed for the project which shall be subject to approval by Planning and Engineering staff, and the City Attorney, and shall include the following: a. Responsibility for perpetual maintenance of the street tree planter strip, and private storm drain and open space/scenic easement. b. Perpetual maintenance of the private drive serving Lots 4 and 11. c. Perpetual maintenance of the private storm drain system. d. Reference to PUD Development Standards. 5. The following mitigation measures recommended by Horticultural Associates in the Biotic Study dated June 4, 1990, shall be incorporated to staff approval: a. Revegetation of areas damaged or destroyed by construction of access or storm drains shall be implemented to restore full habitat value. b. Following design approval, a system to monitor and inspect construction activities shall be required. This shall include precise definition of protected areas, rigid fencing of those areas, and monitoring development to ensure protection.. in those specified areas. c. All Coast Live Oaks located along the western boundary shall be preserved. Temporary protective fencing with in-ground poles shall be erected at the drip line of all trees to be preserved. The fencing shall be erected prior to 2 90-325 N.C.S. any grading/construction activity and subject to staff inspection prior to grading permit issuance. 6. Any landscaping or retaining walls within the public right-of-way shall be the responsibility of the respective individual property owners. 7. Public access easements shall be provided for any sidewalk to be located on private property. 8. PUD Development Standards/Design Guidelines shall be developed for the subdivision and shall be subject to SPARC review prior to Final Map approval with particular emphasis on the following: a. Building envelopes shall be revised to provide a variety of front, rear, and side setbacks. Building envelopes for Lots 1 and 10 shall be revised to minimize intrusion into the identified critical riparian habitat area. b. Identification of options and/or restrictions applicable to homeowners relative to the construction of building additions, permitted detached accessory structures or other improvements (i.e., decks, patios, spas, pools, etc.). c. Garage conversions shall be permitted. However, provisions for replacement of off-street covered parking shall be required. d. Accessory dwellings shall be permitted subject to applicable regulations contained in the Petaluma Zoning Ordinance. e. Strive to maintain privacy for existing residential uses and create privacy between new residences to the degree found in a typical single-family residential district. Factors to consider would include proffer placement of second story windows, landscape screening, etc., in relation to respective setbacks from and topographic differences between adjacent uses. f. Front yard, right-of-way and private street landscaping; revegetation of creek area. g. Driveway location; parking adequacy, particularly evaluation of need for additional off-street parking due to limited on-street parking. h. Quality of design and materials; compatibility with neighborhood. i. In order to minimize grading, houses shall be designed to closely conform to the natural terrain of the site and kept as close to natural grade as possible. Decorative six foot high (as measured from grade of the project site) solid fencing shall be provided around the project site perimeter and around all private lots, subject to the setback requirements specified in the Zoning Ordinance, and subject to design ap royal by staff. Fencing may be 8' high if top 2' are 50% open (i.e. lattice, etc. Perimeter fencing shall be installed by the developer at the time public improvements are constructed and may be supplemented by existing fencing if deemed appropriate by staff. Private lot fencing shall be installed as part of the development of each individual lot. 90-325 N.C.S. 3 k. Compliance with PUD Standards/Design Guidelines shall be subject to staff determination concurrent with building permit review. 9. A landscaped parking island shall be provided in the cul-de-sac bulb if deemed feasible by the Engineering Department and Fire Marshal.. 10. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code performance standards (noise, dust, odor, etc.). 11. In the event that archaeological remains are encountered during grading, the work shall be halted and a qualified archaeologist shall be consulted for evaluation of the artifacts and to recommend future action. The local Indian community shall also be notified and consulted in the event any archaeological remains are uncovered. 12. All requirements of the Fire Marshall shall be complied with, including: a. Relocate fire hydrant as shown on plans (on file in the Fire Marshal's and Community Development Department offices). 13. All requirements of the Building Division shall be complied with, including: a. Where ground slopes greater than 1 on 10, foundation shall be stepped per Uniform Building Code 2907(c). b. Soils with expansion index greater than 20 requires special design foundation per Uniform Building Code 2904(b). c. Show site drainage and grading topography. d. Indicate all utilities on site plan. e. Verify utilities are adequate for building (i.e., size of water, electrical and gas service and size of sewer). f. Driveway gradient shall comply with Ordinance No. 1533/1982. g. Responsible party to sign plans. h. Submit soils report to verify foundation design. i. Grading must be certified prior to issuance of building permits. j. Concrete "V" ditch detail required. 14. All requirements of the Sonoma County Water Agency shall be complied with, including: a. Proposed drainage design shall be provided in conformance with the Sonoma County Water Agency Flood Control Design Criteria. 15. All requirements of the Pacific Bell, as specified in the letter dated September 5, 1989, shall be complied with, as follows: 90-325 N.C.S. 4 a. A ten foot P.U.E. shall be provided on all streets within and bordering this subdivision. b. A joint P.U.E. will be required on an "as built" basis when PG&E and Pacific Bell facilities are constructed within this subdivision. c. Any rearrangement of telephone facilities that conflict with the development. of this subdivision will be at the developer's expense. d. When developer cancels, modifies or defers its request for facilities, developer shall pay a charge which will allow Pacific Bell to recover the nonrecoverable cost of its engineering, labor, material, equipment and other related expenses as a result of the work performed by Pacific Bell to comply with developer's request. Per C.P.U.C. Rates and Tariffs -Revision A2, Rules 15 and 16. e. If any changes are made to the map, it should be resubmitted for our review. 16. Any signs erected to advertise or direct persons to the project shall meet the requirements of the City sign ordinance and obtain a sign permit from the City. magter / pcmin-2 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) (3I~$~'oY~X~6~1~) meeting form ~.._. on the ..-.17th...-----.... day of ..........S.~pteIXlb~X' .......................... 19..;).Q., by the ; J following vote: _--~~~,•-;-•- --.--•- •-••---........- City ttor ey AYES: 13alshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: None ABSENT: Non ATTEST: ..--- • .... ................................................:............................. ....../ i y Clerk _- Mayor Council File .............r.~...................... cn 10-85 Res. No......9.Q.T.a.l2.a5....... N.C.S.