HomeMy WebLinkAboutOrdinance 1822 N.C.S. 08/27/1990:~
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S E P 2 6 1990
ORDINANCE NO. 1822 N.C.S.
Introduced by Councilman Seconded by Councilman
Michael Davis Lynn WooLs~~
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING
AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PETALUMA AND SONOMA PARKWAY COMPANY FOR
THE DEVELOPMENT KNOWN AS SONOMA GLEN
(FORMERLY SONOMA GATEWAY) APN'S 137-060-01 AND 31
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The City Council hereby finds that the provisions of the Addendum to
Development Agreement between the City of Petaluma and Sonoma Parkway Company, a
copy of which Addendum is attached hereto as Eahib~ i~ t 1 and incorporated herein by
reference, is consistent with the General Plan, Corona/Ely Specific Plan, and other
applicable plans, policies, ordinances, and regulations of the City of Petaluma.
Section 2. 'The City Council hereby approves the terms and conditions of said
Addendum.
Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and
directed to sign Addendum on behalf of the. City of Petaluma.
IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of
the City of Petaluma hereby declares that it would have passed and adopted this ordinance
and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
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Ord. 1822 N.C.S.
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INTRODUCED and ordered Posted/Published this loth day of Augu~d990.
ADOPTED this 27th day of August , 1990, by the following vote:
AYE5: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh,
Mayor Hilligoss
NOES: a
ABSENT: o
ABSTAIN: o
,-
ATTEST: APPROVED AS TO FORM:
~~~ __._
ity er ity ttorn
SoGlen /council-4
Ord. 1822 N.C.S.
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. ~ ,r ORD
- ~ 1990 0100062'
18 °_ ~. OFFICIA'L REGORDS•~OF
- , :~ ~ SONONAA .000N4Y. -
• s t' BERNICE,Q.. PETERSON
~~~Mq o ~
AT REQUEST QF'
_.-_ - -- - - --- - 10:/08/19~~0 --15.3'6:15" _
FEE:.. $ .00 PGS: 25
• TT $ ~ .00
~~F ~.F~~ 61 ~g~3AGREEMENT TO AIVIEND DEVELOPII%IEN'I' AGREEMENT
Q ~o ~ 9 BETWEEN
~~~Q. ~p,.G CITY OF PETALgTMA~ANi) S®NOMA PARKV6'AY COMPANY
P~„J (F®lt: S®NOMA GLEN)
P~
This Agreement : amends the: Development .Agreement: dated 3 - ~ ~It-- 9d ,
between the City of Petaluma ("City") Nand Sonoma;Parkway,-Company ("Deeveloper"). The
effective date. of this agreement is: ~ ~ a- ~ - 90
RECITALS:
A. On March X19,1990,. City and Developer entered into a Development Agreement,. a
copy of `which is attached to 'this Amendment as Exhibit. A (the "Development
Agreement"). See Q.R. 9003'15545 dated 3/29/90
B. City and Developer wish to amend the .Development Agreement. _
C. On .August 14, 1990,. the City of Petaluma's Planning, Commission held a .public
hearing on the amendments contained in'this Agreement after notice as required by
law.
D. On August 20, 1990, the City of Petaluma's City Council held a public hearing on
the amendments contained in this Agreement after notice as required by law.
E. City acid Developer .intend that when this .Amendment is executed ;by City and
:Developer, it will satisfy the adopted or proposed condition ~ of the tentative
subdivision. inap for Developer's property which reads, "Tentative Map/PUD
approval becomes effective upon City Council approval and recordation of a
(revised) Development Agreement between the applicant 'and City that reflects
conditions of~tentative map and development plan approval."
F. City and. Developer ritend that the difference in the number of allotments produced
by, the Amendment to Section 3.2.5 of the Development Agreement shall . be
available, as needed, to the City of Petaluma. for the construction- of lower .and
moderate income housing on land dedicated to the -City of Petaluma for that
"""~-- ~~`~r ~~~~ .P_v,itli'rs the ~f>ororia j r sy'S.pecific Pl.;2n Area._ ~- ~ .- ~~ -
___._
.. _ ~ .
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G. Developer :has asked City to :extend; the term of the Development Agreement for a
term of one year;`a_nd City desires to do so, because:
1. Completion of Sonoma Mountain Parkway has been substantially delayed.
2. Water Pressure Zone-4.improvementswill not be completed until 1991.
3. i Extending time for construction of houses under the Development
Agreement ..may delay generation of a significant amount of traffic until after
'the Rainier overcrossng improvements at Highway 101 are commenced.
4. Conditions in the Corona/Ely Specific Plan area and environs have not
changed significantly; hence; the adopted `EIR still adequately addresses
project impacts for the additional year.
NOW, THEREFORE,, City and Developer agree to amend the Development Agreement
as follows:
1. Amend Title, page '1, to read:
Additions =italics
Deletions = sari#ec~~rts
"DEVELOPMENT AGREEMENT BY ANI) BETWEEN
CITY OF PETALLJMA AND SONOMA PARKWAY ~COlvIPANY
FOR THE DEVELOPIVI~ENT KNOWN AS
SON011KA GLEN (FORMERLY SOIVQMA GATEWAY)
APN 137-060-01 AND 31 "
2. Amend :Recital, Section ~; jpage 1, to read:
"B. Developer owns in fee. ~~14~-~. 1274± ...acres. of real property described in
Exhibits lA and'IB attached'to this agreement (,the "Property")."
3. Amend'Itecital, Section.F, page 2, to read;
"F. Developer wisfies to develop alargge-scale, phased development ("Project")
generally described. as follows; a planned residential district totaling 4~ 545
single family dwellings."
4. Amend Section 1.2, page 4, to read:
"The term of this Development Agreement shall. commence upon the-effective date
of thee. ordinance approving this Development Agreement. and shall continue until
Match 22, 1998, (eight years) f ~-yea~s~ unless extended or earlier 'terminated as
provided `herein."
2
5. Amend Section 2,2 page 5, to read::
2.2 Rules. Regulations and Official Policies.
(a), `This Development. Agreement -and the rights of Developer to
complete construction ~of the: Project.. pursuant- to this Development
Agreement shall.. not be affected by .any subsequent ordinance,
resolution, polio}!, plan, or .rule the effect of which would limit the
number, size, or ,amount of residential- development as permitted by
Paragraph ~~:~ 3:2.5 or other development. or improvements
consistent with the Established Development Standards which can be
constructed during a particular period: or -periods of time or~ to
. prohibit or delay the construction, or the issuance of such permits or
approvals as may be necessary for the .construction, of such buildings
or other improvements for a period or periods of time.
6. ~ Amend Section 3.1;6(3), Affordable Ilousing .page 8, to read:
"3. The;general location of the parcel..shall be as shown on the map attached to
this. Agreement as Exhibit "5". Development of `the housing described above
shall .give :due consideration.:. to the Corona/Ely Specific Plan. U~ts
7. Add' Section 3.1.6(4), Affordable Housing, page 9:
"4. In addition, Developer shall pay to the City of Petaluma at close of escrow
for all houses constructed on Sonoma County .APN 137-060 31, (commonly
known as Liberty Farms), in-lieu housing fees in effect at close of escrow."
8. Add to Section 3.1:7 (Developer Obligations), page 9:
'Developer will ` :erect project perimeter fence or wall along Maria Drive at earliest
feasible point during frst phase of construction.:..At such time as subdivision
construction begins easterly of :Sonoma Mountain .Parkway, the. project perimeter wall
as described ,m the: Parkway master plan' will be erected at earliest feasible point of
construction. "
9. Amend Section 3.2.3(a), page 10, to read:
3.2.3 Water Pressure. Zone IV.
"(a) City agrees to develop Water Pressure Zone 4 to serve those
properties in the Corona/Ely Specific Plan .Area east of Sonoma
Mountain Parkway. City further agrees. to pay for the design and
construction of Water Pressure Zone 4, to being construction at the
earliest :possible date, and to have the system operable in ~9A91991."
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yea~~€ ec~nstrtiet~oFr.-.
10. Amend Secton,3.2.3(c)',,gage -1.1, to readi
"(c)~ City agrees to permit development of properties, including
construction of dwelling units, affected by limitations, m water pressure
until constructron of Water Pressure Zone 4 is completed, provided
an interim. water system satisfactory to the: City Fire Marshal .and City
Engineer is constructed for .use. during, the construction period until
Water .Pressure Zone 4 becomes operable. Certificates of Occupancy
will not be granted to units ,dependent 'on Zone 4, however; until such
time as water pressure is satisfactory to he• City. Properties not
dependent on Water Pressure" Zone 4 shall not be subject to this
paragraph. "
11. Aanend Sect-ion 3.2.5; page 11, .to read:
"3,2.5 Allotments. City agrees to grant- Developer allotments on an annual basis
according to the following schedules:
1990 75
1991 3-03 104
1992 ~~~ . 108
1993 ~ 14
19.94. ~~~ 11'3
1995 ~ -~~ -0-
1996 Q
.1997 Q
Developer shall. be exempt from the allotment forfeiture provisions as set
forth in Chapter 17.26 of the Petaluma Municipal Code (the Residential
Growth Management Ordinance:) and may accumulate unused- allotments
from year=to-year over the term of ,this Agreement, not to exceed the .total
allotments for the entire project:. ~n-afly~ea~~x.~ile~-tl~-~t~F-~x~be~ ~€
€h~xgl}-tie.~ta~dard--e~k~t~ent--appliea~~r-$r~eedt~e:---The ~ allotments.
granted herein are subject to the finial number°of units approved by the City
after project review and approval. and does -not constitute approval of any
project or series of ~rojeets~ :nor does. the granting . of said allotments
guarantee that the pro~eet will. be approved "for the .same:.number of units as;
allotments granted." Dwelling' units built on land. dedicated to he City of
Petaluma. for!the, purpose of providing lower or moderate income housing shall.
not be subject 'to the rrcaximum units allowed in this :Section 3:2,5; such units,
and the allocations for them, shall be separate from the allocations set forth in
this'paragraph."~
12. Add Section:3,2.7, (City Obligations), page 12, to read:.
"3.2.7 Sonoma Mountain ParlawaY Construction.
1Veither City nor Developer shall' commence construction on Sonoma Mountain
Parlcway which, would significantly .impair traffic on Ely Boulevard until
improvements to McDowell. Boulevard North, commenced in .August 1990, are
sufficiently complete to .allow free traffic movement on and about McDowell
Boulevard North as determined by the City Engineer Nothing in this paragraph
.~
shall prevent Developer from- commencing- construction of public, or private
mprovements; including dwelling' :units;:. -nor 'shall if apply `to .work on
improvements for Water P= ressure 'Zone 4. " ,
fl3. Amend Section 3.4, page 13, to reads .
"3.4 The City and Developer agree, to amend this, Agreement, upon ;a proval of
the Project by the City an ,order to incorporate all conditions of approval
herein. Conditions of ,approval' and all findzrigs per'ta"iriing `thereto adopted' by
the City through. tentativesubdivision map, rezoning. or development plan
approvals are, attached to this.~Agreement~.as Exhibits 6, 7, and 9, which are.
further identified' in paragraph:., 9.5. ,The parties agree -that as the documents
identified ineach such exhibit~are :adopted .by~ the City Council the document
shall be attached to the Development Agreement and thereby incorporated as a
. part of it.
14. Amend Section+4'1(a), page 13, to ready
"I~f devel'oper .commences construction on a fewer number of .units than :allotted for a
given calendar year;. City agrees: in the next. succeeding year to allow construction of
100% of 'the allotted_,.unifs -for that articular year =plus. up' to .5.0% of the total
number of units unbuilt from the previous:,year(s)...(~.e, two years or,more are~required
to capture all unbuilt units from a,gcven year); provrded that no more than 450 building,
permits may be issued in flue entire Sonoma Mountain .Par"Icway Assessment District in
any calendar year. "
15. Amend, Section 7.2, page 19, to read- (in part):
"~.2 Mortgagee Not;Obligated. ,~ ~ .
Notwithstanding the~provisons of Section ~~ 7I above,'..."
16. Amend Section 9.5, page 23, to read: ,
9.5 Enfire~ Agreement: ,
This Agreement is executed in four (4) duplicate originals, each of which is
deemed to ,be an original. This Agreement .consists of forth=four (44,) pa es,
in exhibits, which constitute the entire. understanding.
cludmg the recitals and _
and agreement of the parties. ~ ~ '°
Exhibits "lA and IB" Description of Property; .
Exhibit'" 2" ~ Sonoma Mountain Parlcway.Descnption;
Exhibit "3" Participation Schedule;
Exhibit`",4" ~ Schedule of Development Fees
Exhibit "5'` Affordable, Housing, Situ, .
Exhibit "6~" Resolution approving :Tentative Map;
. Exhibit: "7" Ordcnance rezoning property to PUD;' .
Exhibit "8" ~ ~ Resolution approving PUD development plan;
Exhibit "9" Tentative Subdivision 1l~lap.
17. ~ In all other ,respects, the .Development Agreement shall be unchanged and shall
"' emai"n in full force and effect.
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18. This amendment, shall, be; effecfi`ve for all purposes upon ifs execution by the City
and Developer.
19. Developer ..has acquired the right to develop additional propert~+: described in
Exhibit IA to this. Amendment (.the "additional property"). The additional property
is owned by Edmund M. Johnsen, Albert H. Nissen,, acid Richard W~ Weber. By
their signature below, Edmund M. Johnsen, Albert H. Nissen, and Richard W.
Weber hereby agree to be bound by he terms and conditions in the Development
Agreement and this Amendment.
. CITY OF PETALUMA
A Municipal Corporation
By:. SONOMA PARKWAY COMPANY,
za a~California General Partnership
BY~ ~~~~
By; Sonoma Gateway Associates; L.P., a
Calfornia:Lmited Partner"ship
By: Ely Goron rpor ion; a California
Corpor ' " n " ene Partner
B.y:
_ e, ecretary
By: Cherry;Lane Associates.,. L.P., a
California Lirruted Partnership
By: D.elco Builders & Developers, Inc.
a California Corporation,: its General.
'Partner
By ~.
oy e' e`aton, rest `ent
B,~.~~:.,,....LI'BERTY FrARMS, a California
~'°General Partnership
.. 8 - ~~;
is ar a der, a artnei
sogatewy/p1an12
6'
c
C MANAGER
ACKNOVVL;EDGE1VIEiVT
,, CC 1181(7)
STATE' OF CALIFORNIA ~ .
ss .
- COUNTY'OF SONOMA
i~ On this _ y ~~. ;; .I99 C~ before me, Patricia E.
Bernard, ity er_ ity of retaluma,ipe of PeialumPca rid kr o n toCme toPbes he lly known to
~~„ , _ . me to be the City Manager. o£ the C ty ~ erson who .
F.
- executed the within mstnirnent on~:behaTf of the C of etaluma and~acknowledged t at the City
executed the same:
atncta enar , , ty er
(City Manager, City) ~ ~ .
STATE.°~AF CA'LIEORNIA ~ l
} ss
COUNTY OF` " -
6n ~ September 11, 1990. ;before me„ the undersigned, a Notary Public in and #or
said State; `pe spn Ily ap e red Al best H . N'i ssen -end Edmund: M., J,ohnse'n an,d
- ~ic~arc~ ~rJ. a er -
inown to me to be the partners of tfie partnership
Jhat executed the within instrument and acknowledged to me that
such. partnership executed the- same.
WITNESS my hand and officiaF seal..
Signature
,arol B'ishon
Name (Typed or Printed)'
I
STATE OFCALIFOJaIAI FrdnC1SC0 1ss.
COUNTY OF J 1
OFFICIAL SEl1l,
CAROL BISWOP
•`® NOTARY"P,IIBIIC-C+4LIFOflN1A
PRINGIBAL•OFFiCE NV
SONOMIA!GOlJi4TY .
My Commissiat Expires Apr: 23. {993
(This area for official notarial seal)
On September 12 , 1990. ,before me; t_he.undersigoed,.a Notary Public in and for
said State, personally appeared Li's 1 e W P.a yne and
,.personally known to me (orp[dved_to me on the basis
of satisfactory evidence) to be the persons who executed the within ihsftumerit as Secretary
President and. "Secretary, on,behalf of • E1 y COrOnd' Corp.,..
the corporation therein named, and acknowledged tome,that-said
corporation executed the withih hstrumenf.pursuant to its by-
laws or a resol ution of its board of directors, said,corporation being
known to me to be one of the'partners;;of
Sonoma Gateway Ass,ocrates; L.P.
the partnership that executed the within instrument; and ack-
nowledged to me'that such corporation executed the same as
such partner and that such, partnersfiip'ezecufed'the same.
WITNESS my hand and ~cial seal.
S:a=ate of California
Go,unty of Contra Costa)ss....
v~ i wing. vv.~
JULIA BARN'ARD NOLLISTER
,Notary Public-California
SAN FRANCISCO COUNTY
My Comm: Fxp: Jan. 7, 1992
(This area'for official notarial sea!)
On this 14th day of .Sep'tember in the year 1.99,0 before me,
Teri E. Diaz a Notar"y Public in and for said county
and st-ate, personally appeared Doyle D. Heaton personally known
to me (or proved to me .on tte basis of satisfactory evidence) to be the
President of Delco BL1'llderS~& Developers 'Ine.,., the corporation that
executed the within-instrument as general partner on behalf o~f Cherry Lane
Associates limited partnership as general ;p:ar.tner of Sonoma Parkway Company,
a California general partnership, the partrtersh.p that executed the
within instrument,. and acknowledged to me 'that such corporation executed
the same as such partner and, that such partnership executed the same.
WITNESS hand d offic cal.
a-- ~-
- ~ ~ OFFICIAL SEAL
Signature ~_. , , TERI E DIAZ
Teri E. Diaz 4 '16-93 PIOIIARYPUBLIC-CAL~'ORI111A
CONTRA COSTA COUNTY
COmmitilsiofl Expires April 18, 1993
Signature
EXHIBITS FOR SONOIVIA GLEN
#'s 1-- 5 are' part of The Development Agreement
Recorded at 90-03,1545 on :March 29, 19.90
- ~ Res®~lution No. 90-268 i~1.~a:
cif the C't~~ c~'f Pe't~lur~i~. C~(~it~nrni
1
2~ ~ RESOLUTTO.N APPROVING THE; TENTATIVE SUBDIVISION MAP -
3 FOR SONOMA,GATEWAY, (~SONOMA ~G'LEN), A RESIDENTIAL~S.UBDIVISIbN
4 ~ LOCATED ON, MARIA. DRIVE: NEAR YARBERRY,
5, ~ ~ ~APN'~T37-OG0-0.1` ~ -
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'7 WHEREAS, Delco Builders & Developers/Sonoma Parkway Company, as owner,. has filed
S ~ with this Council a Tentative Map to subdivide land vulthin this City to be .:known as
9 Sonoma Glen Subdivision, and,has paid all required"filing fees; and .
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11 WHEREAS, the City Engineer, the .Director of Community Development,, and the
12 ; Planning .Commission have examined and reviewed `the same as required. by law and all
13 -reports, recommendations, and :comments thereon have been forwarded Ito and considered
14 ~ by this .Council at its meeting held.. on July 16, 1990; and
NOW, THEREFORE,. BE IT RESOLVED that this Council hereby finds for the Tentative
Map as follows:
Tentative Map Firidin~s:
1. The proposed subdivision, as conditionally approved; together with provisions, for its
design and, improvement, is; consistent with the General.. Plan and Corona/'Ely
Specifc.Plan objectives,policies, general~land uses and;programs.
24 2. The site ;is physically suitable for' the type and: density of development- ,proposed, as
°ZS conditionally approved:
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27 - 3. The design of the subdivision and' the:. proposed improvements therefore, as
28 conditionally :approved will not :cause substantial .environmental damage,- and no
~29' substantaal or avoidable injury will occur to fish.and/'or wildlife' or.their habitat. .' .
30
31 4. The design 'of the Subdivision and' 'the: type of improvements 'proposed will not
~32 conflict with .easement, acquired :by the public at large,.-for access through. or use of
33' property within the ,proposed subdivision.
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35° ~ ~ 5. The design; of the Subdivision and the type of improvements proposed will not
3:6 conflict with easements; acquired by the public at large, for access: through or use of
:37 - propertywithi'n the proposed subdivision. .
3'8 ~ -
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' - Res. Vo.....~.o;~:z68.,..... V.C.S. 1.
1. - 6. The discharge of waste fom the proposed.. subdivision -into the. existing community
2` ~ sewer system; will not result 'i~n violation of the existing requirements prescribed by
3. the Regional. Water Quality Control Boad. .
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BE IT FI7RTHER RESOLVED, based;, on_ the findings set forth above, that- the above
referred-to Tentative Map,. be and the carne are hereby approved, subject to the conditions
set forth below and incorporated herein as follows:
Tentative Map Conditions:
1. The. subdivider shall'' comply with the following:.requirements of the City Engineer:-
a. The developer shall comply with the :Petaluma Municipal Code Section
20.36.010 -and20.36.020 which require _the~ developer to pay storm drainage
impact fees ('as ~ealeulated `in. Chapter 17:30) on, construction in all sections of
the City of Petaluma..
b. ~ Temporary emergency turnarounds shall be installed as required by the Fire
Marshal on ah street stubbed out for future extension.,
c. All street lights :used within .this development, ,shall have, standard metal
fixtures dedicated fo.the City for ownership and maintenance. Prior to City
acceptance, the developer shall. verify- ah lights meet PG&E's 'LS2 rating
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system.
d. Signing. and striping'shall conform #o City Standards::
e. This developrent may be dependent .upon utility ~. improvements to be
installed by .,adjacent developments: .Appropriate calculations shall be
submitted to verify their adequacy. If off-site improvements are required, as
determined' by the City Engineer, they 'shall be installed concurrent with
these improvements:
f. ,The Wilmington Sewer Pump Station is at capacity' during wet. weather
conditions.
The ,proposed ~ five year capital :improvement .program. includes
provisions fore expansion.:of ~ the Wil'mington,Pump ..Station to handle proposed
development. as well as improvements to better serve existing development.
This development shah pay a pro-rata share 'of 'the costs. of these
improvements.
g. Full.1/2 street improvements to Maria. Drive from the southeasterly property
boundary to Morning Glory Drive shall berequired' with the' first phase of
this development. These improvements shall consist of curb, gutter,
90-268 N.C.S.
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sidewalk;; street structural section, ~undergrounding- of utilities, .and utility
extensions subject.'to the approval.of''the City-Engineer and SCWA.
FronLage~ inprovements~ anddedications for the school site shall :be the
responsibility 'of the 'proj'ect ;developer and be in place prior to the project
commencing, subject to.ihe approval ~of the City Engineer.
The cul-de,-sac areas'shall,:be enlar-ged and contained within the public: right-
of-way to accoiririodate island. parking: Said .revision shall be provided on
planssubmitted'for SPARC review.
The following; street sections- (face of curb to face of curb) shall be widened
within the, right of ways-proposed by this'development.
a) Mountain. Way Circle and Gateway widened- to 32 feet, with the
sidewalks me_ander7ng into a 10 °foot public access easement as
required.,
b) Mound Court. widened to 32' :feet, with- the sidewalks meandering into
a l0 ~fgot public access easement as required.
The intersection of Mountain Way Circle ',(knuckle area) arid .the common
area driveway (adjacent to Lots 32„ 38, 2:14. and 239) shall be reconfigured to
provide adequate sight distance, subject to the approval of the City Engineer.
„Said. revision,shall.be provided on plans submitted for SPARC review.
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2. The developer shall comply- with the requirements of PG&E regarding the
development of this subdivision..,
:. 3. All landscaping and, irrigation, systems within. the `public. right-of-way, street tree
planting strips; and` landscape islands or other :public areas shall be maintained
through an Assessment `District, subject to approval of the City Council concurrently
.with the approval of the Final Map. Application for an Assessment District. shall" be
made prior to final inap=application:' -
' .. Landscaping`~and irrigation systems within. the public right-of-way shall be
..
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designed to standards acceptable. to the' City of.Petalunia: Cost of formation of the
- ., .,
required Assessment Di'stnct shall be borne° by the: project proponent. Street
lighting- operations .and maintenance shall be incorporated into the
Landscape/Lighting Assessment. District, subject to 'staff determination prior to
Final Map approva_ 1.
90='2b8 N. c,. s. ~ 3
~~8~~
1 ~ 4. This development°shall, be subject to, all appropriate development fees, and on and
2 ~ off-site improvements as set forth within the adopted. Development Agreement or
3_ any subsequent amendment thereto: ~ ~ ~ ~
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5. The above conditions of approval for the. PLTD unit development plan are hereby
incorporated by".reference to this approval. The tentative map _shall be amended
prior to final map subrruttal to incorporate all applicable conditions of the PUD unit
development plan and SPARC approval.
6. The developer shall snake arrangements to the .school district's satisfaction for the
acquisition of the school. site.
7. A one (1) foot non-aceess strip shall be provided between the school site. and the
~ g fain Parkway and Maria Drive, and
adjacent residential lots, alon Sonoma Moun
between the PG&E .easement and lots is the ~GZen Brook. Subdivision.
8. Access locatons'to the school site shall be subject to the approval of the City Traffic
Engineer.
9. The developers of the Sonoma Gateway .and' the Glen Brook subdivisions shall be
jointly responsible for the. installation of the proposed Sunrise Parkway. Afull
roadway section shall. be provided prior to completion of the first.. phase of
development in either subdivision.
10. Phasing shall be subject to staff review and approval.
11. Lot 139 shall have a finished floor elevation no more than one (1) foot: above the
finished floor elevation of the adjacent Glen. Brook residence.
12. This development: °shalh be responsible .'for the improvement of the ;area from the
edge of curb up to and including the construction of ;the soundwall along Sonoma
Mountain .Parkway; consistent with... the Sonoma Mountain Parkway plan: Said
improvements. shall be constructed ink heir entirety `in conjunction. with the
development. of residential units along Sonoma Mountain Parkway.
.90'-268 N.C.S.
4
Ex~-i~cr 6
1' 13. A revised Tentative. 'Map shall ~be provided,;for SPARC review which includes the
2 closure of Ely Road at, Maria Dr_ve'. An erergency vehicle roadway access shall be
3 ~ ~ - provided. from -Maria 'Drive 'to ° Ely Road, in conjunction with public improvements.
4 The improvement of the closure, including landscaping, fencing, emergency vehicle
,5 roadway design and location, etc., shall bey subject'to SPARC review and approval.
6 _
7 14. The Maria Drive 1/2. street section shall, be modified to provide, an eleven (11) foot
8 travel lane, a four (4) foot bicycle- lane; and a five (5) foot pedestrian .pathway
9 meandering within a nineteen (19) foot landscape area. The proposed eight-(8) foot
10 ~ parking- lane on Maria Drive shall. be deleted except across the .proposed Waugh
1~1 School frontage. "N'o Parking" signs shall be installed`. as required by the City
12 Engineer.
13
14 15. Tentative map/PUD approval shall become effective following ~ City Council
15 approval and recordation of a (revised) development agreement between the
16 applicant and. City which reflects all relevant conditions of tentative map and
17 development plan.
19
TMsogate/gb4/council-3
Under the;powe;; and.authority conferred upon tliih Council bq~the Charter;of said City.
REFERENCE: I hereby`certify the foregoing Resolution waa.introduced and adopted by •tle Approved as to
- ty ~ gulag) ~ ~ . „ form
Council of the Ci of Petaluma at a Re , . ~~~
on the' .~ 4.1~.......:.. day of .:........... .....Au,~uat...,,._..........., 19:9St., by the
following vote: . :..........................................
City Attorney
AYES: BalshaBt, Sobel, Davis:, Woolaey~, Tencer, dice Mayor Cavan~g~a, Mayor Hi'1ligosa
NOES: 0
ABSENT: 0 `r
•' ... ..
City Clerk ®~P~~ ~I CLEltlf. .... Mayor
Gbtmal Files .__._.._._._.._._._ 5 ~ ~
'° 90.2 .
~A 10-85 Rea. No. ...........x:...68...... V C.S.
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SEP ®~ t9 '~
ORDINANCE NO. 1811 N:G.S.
Introduced by Councilman
Michael Davis
Seconded by Councilman
Brian Sobel
AN ORDINANCE ~AMENDING.,ZONING ORDINANCE N0. 1072 N.C,S.
BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL
NUMBER 137-060-01. KNOWN AS SONOMA GATEWAY (SONOMA .GLEN)
SUBDIVISION: FR011R PGD (PLANNED COM11%IiJNITY DISTRICT)
. TO PUD (PLANNED U°NIT DISTRICT),
LOCATED ON MARIA DRIVE NEAR YARBERRY
BE IT ORDAINED BY THE COUNCIL. OF THE CITY OF PETAI,UNIA AS
.FOLLOWS:
n .The City Council. finds that the 'Planning Commission filed with the City Council
on July 16, 199.0; its. report as set forth in its minutes :of June 26, 1990,. recommending the
adoption of an amendment tq Zoning, Ordinance No. `1072 N.C.S., by reclassifying and
rezoning Assessor's Parcel Number 137-060-01 from PCD `to PUD (Planned Unit District).
Section '2. The City Council. further finds. thatsaid Planning Commission held a' public
hearing on said proposed amendment to Zoning Ordinance No. 1072 N.CS., on June 26,
1990 after giving notice of said hearing in -the manner; for the .period and in the form
required by said Ordinance No: 1072_N.C.S.
ion :. Pursuant to: the provisions of Zoning Ordinance No: 1072 N.CS., the City
Council finds that the proposed amendment is in general. conformity. with the Petaluma
General Plan, and .further, that the public interest, convenience and general welfare will be
furthered by the. proposed amendment.
n 4. Pursuant to the provisions of Zoning: Ordinance No. 1072 N.GS., as amended,
.and based upon the evide_nee pit has received and in accordance with the findings made, the
City Council hereby ~adopts:arnendment to said Zoning.Qidinance No. 1072 N:C:S. so as to.
~~~
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Ord. 1811 N.C.S.
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reclassify ~ and rezonesaid, proper;ty • hereinbefore refeTred~ to in accordance with the
recommendation~of the Planning~Cornrnssion. ~ '
'ection .The City, Council,~finds that; the requirements of the California Environmental
.,
.Quality Act Guidelines, and Section 15083 have been satisfied through the preparation and
certification of the Corona/'Ely S'pecifi'c Plan Environmental °Impact Report in which the
anticipated' specific impacts haves been. adequately identified ;and:. mitigated .through the
adoption of specific conditions of approval applicable to th`e .proposed "Sonoma Gateway
project.
Secti n .The City Clerk is hereby directed to post this Ordinance for the period and in
the: manner required, by the .City Charter.
e ti n 7. If any section, subsection, sentence, clause or phrase or word of this. ordinance is.
for any reason... held to be unconstitutional by. a court of competent. jurisdiction, such
decision shall not affect' the validity of the remaining portions. of ths_ ordinance. The City
Council. of the City of Petaluma hereby-declares; that it would havepassed and adopted this
ordinance and each and .ail .provisions thereof irrespective of :the-.fact that. any .one or rngre
of said provisions be declared unconstitutional.
INTRODUCED-'and=ordered Posted/Published this. 6th day of August , 1990.
ADOP'T'ED this 6;th day of august , 1990, by the following vote:.
AYES: Balshaw, Davis:,,, Woolsey, Tencer, dice Mayor Cavanagh, Mayor Hi ligoss
NOES: o
ABSENT; s ob a l;
ABSTAIN:
ATTEST•
' ,CLERIC
sogorz / gb3
Ord-. .1~~8:~11 N 'C+. S„
2 ..
~~iI~LBAT
APPROVED AS~TO FORM:
~~~
lty. ~tto ey
. - ReSO I U.t 10-C1' NOS _ 9~0-~26 ~ ~ ~ C.S.
'~ of t-fig G~ity .ot .Pet;~~l:unia:. Gal'forni~
1
G TH°E, PUD UNIT DEVELOPMENT PLAN FOR
2 RESOLUTION APPRO,VIN-,
3' SONOMA GATEWAY (SONOMAaGLEN SUBDIVISION A SINGLE FAMILY
4 AND COND0111RINIUM RESIDENTIAL DEVELOPMENT LOCATED ON MARIA
5 DRIVE NEAR YARBERRY, APN` :137-060-01
6 .
7 WHEREAS, by Ord'inan'ce No. 181 ~ N.GS., Assessor's Parcel Number `137-060-01, has . .
8 been rezoned..to Planned Unit .Development (PUD);, and ~ -
9~ ~ -
1Q . WHEREAS; by action taken. on June 26, 1990,. the: PI'anning Commission considered and
- 11 ~ - forwarded a recommendation to the City Council on the unit development plan for a
1'2' single-family 'and condominium project in said. Planned. Unit District; and
13: ~ .
14~ WHEREAS, the City Council. finds thaf the requirements of the California Environmental
15 Quality Act Guidelines and Section 15083 have .been ,satisfied. through the preparation and
16` certification of the Corona/Ely Specific Plan Environmental Impact Report in which, the
17 anticipated specific :impacts have been., adequately identified and mi"tigated through the
X18 . adoption of specific conditions of approval :applicable 'to the.proposed G1enBrook project.
19 _ -
20 NOW, THEREFORE, BE PIT RESOLVED that the City ,Council hereby adopts the
21 .following findings: ,
22
23 Findin s: -
,24 1. That the development' plan as conditioned, results in a more. desirable use of the
25 -land, and a better physical environment than would be possible under any single
26 zoning district' or combination of zoning districts.. -
27 2. That the plan for the proposed. development; as conditioned, presents a unified and
28. organized arrangernent of buildings and service facilities which. are appropriate in
29 _ relation to~. adjacent and nearby properties and :associated proposed. projects ''and.
30 that adequate landscaping ~ and'/or screening. is included if necessary to insure
3,1 compatibility..
32 3. That the natural and scenic qualities of the: site will be protected through the
33 ~ implementation. of tree preservation conditions of approval, .and that adequate
34 . available public and 'private spaces. are designated on, the Unit Development Pian.
3'S 4. That the development of the subject property, in the manner proposed by the
3,6 . applicant and conditioned by the City; will not be detrimental to the public welfare,
37 will be in the best interests of the City and `will be in `keeping with.the general intent
90-26,.7, ~ .
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and spirit of`the.zoning regulations of th_ e Cty'ofPetaluma and with the Petaluma
General Plan.
That the PUD District is propgsed :on property which has a suitable relationship to
one or more t~lioroughfares~(Sonoma Mountain Parkway; IVlaria Drive) to carry any
additional traffic generated by the development.
6
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7 ~ NOW, THEREFORE, BE IT FURTHER RESOLVED that the Sonoma Glen unit
8 development plan. as. presented at the July 16, 1990 meeting of this Council is hereby
>9 approved pursuant ao .Section. 19A-504 -of .Zoning Ordinance No. 1072 N.C.S. as amended
10 subject to the following conditions:
11 '.
12 PUD Conditions:
13 1. Project CC&R's sh~all'be developed for both'the-detached single family units: and the
14 attached condominium units. The :'CC&R's shal'1 be subject to staff review and
15 approval prior ;to Final Map. and. °shall include a"reference to PUD Development
16 Standards for`governing he following:
17 a: 11~iaxirnum: `lot coverage; rninirnum setbacks height and design criteria .for
18 principal. dwellings and' accessory uses and structures, including fences.
19 b. Identification of° options and/or restrictions applicable to homeowners..
20 ~ relative to the construction.. `:of building additions, permitted detached
21 accessory structures or other improvements (i.e., decks, patios, spas, pools,
• 22 etc:): ~ ~ •
23 c. Garage. conversions;.. shall be prohibited -for attached .dwelling units..
24 Provisions: `for replacement of off-street covered parking for detached units
25 shall be required: ~ .
26 d. Accessory-°.dwellings shall be permitted subject • to applicable regulations
27 ~ contained in. the~Petaluma Zaning:Ocdinance.
28- ~ e. Protection of solar .access.,
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29 f. Creation of. a homeowner's ,association for private landscaping and
30 improvement maintenance.
~. 3:1 2. .All aspects of the proposed development plan are subject to review, by the Site Plan
32~' ~ ~ and Architectural Review Committee; prior to application for Final Map .including
33 but not lirtuted to architecture; .public :and` private `landscaping, hardscape surface
34 treatments, .irrigation and fencing. Particular emphasis shall be placed on SPARC
3`5 review of the foll'o~ring:
. 90-267 N.C.S. ~ ~ ;~ ..
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I ~. a. -Unit architecture for both "the detached single family `units and the attached
2: condominium units; ;for compliance of. all units with the intent of General
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Plan and' Corona/Ely Specific Plan provisions for diversity.
4 b. .Additional distinction and variation ',between. detached single family model
5 types; particularly the two story units. Additional distinction and variation in
6 townhouse cluster designs to avoid repetition. Further variety provided
7 between single family and tov~mlouse units architectural styles and
g construction materials.
g c. Redesign of unit architecture/lot layout as necessary to further reduce
10 prominence of garages. Further recessing of garages, detached garages, or
l l side-.entry garage (wish doors not facing-streets) are. encouraged..
12 d. Revision of"lot pattern, as necessary,. and redesign of Mountain Way Circle to
13 introduce a more curvilinear roadway section along lots 1-9/50-59 and 18-
~' 14 31/38=49.
15 e. Introduction of greater front yard se"tback variety for lots 33-48. Attempt to
16; incorporate ;additional variety in front yard and side. yard setbacks throughout
17 ~ the development.
18` 3. Landscape plans for the development shall. be revised. for SPARC review and
19 approval to include they following:
20 a. Provision. of landscape buffer of trees on school site .and minimum eight (8)
2fi . , foot high solid-fence on private parcels (school to act as "good neighbor" for
22 fence maintenance..)
23 b. Detail provided. =of landscaping/fencing along, Maria Drive. An attractive
24 streetscape~ shall be created consistent with the treatment proposed by the
25 adjacent Glen Brook subdivision:
26 c. Unified landscape. -:plan submitted: fo"r property within both the Sonoma
27 Gateway and he Glen :-Brook- PG&E 40 foot wide. utility easement: Each
2g' project shall be :responsible, for provision of initial landscaping within its
29 portion of this easement:
30 d. Landscaping within the Sunrise Parkway median designed to be compatible
31 ` .-
with adjacent subdivision landscaping .:and to be visually ;attractive
_
32 (Maintenances of 'the median island. shall through a landscape assessment
33 . district.)
34 e. Appropriate .design linkage with different sections: of the development;
35 building .architecture and fencing;.. appropriate water, soil and space
36 conditions.
90-
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1, ~ f. Perimeter wall and interior fencing design. Enhancement of fencing
2 ~ detail through the incorporation of special .design features (e.g., substantial
3 ~ corner posts with decorative capes, lattice height, addition;.. etc.)
4 g. Subdivision entry treatment.
5 h. .Addressing Parks and Recreation Department concerns related to public
6 ~ landscape areas:
7 i. Provision of landscaped parking island within the interior of all cul-de-sac
8 bulbs, including'. the knuckles serving lots 12-16, 52-57 and 93-97.
9 4. Parcels H and.I of the Sonoma Gateway Subdivision and Loi B of Glen Brook shall
10 ~ be offered .for dedication. The parcel southeast of the intersection of Sonoma
11 Mountain Parkway and Maria Drive .shall, be offered for dedication. Maintenance
12 of these parcels shall be through a landscape assessment district.
13 S. Development of the townhouse condonuriium project shall be revised to increase
14' the derisity to a:mnimum of 10 units/acre. Townhouses, abutting Sonoma Mountain
15 Parkway shall' be :revised to not exceed one story or ;15 feet at a distance of 30 feet
16 from Sonoma. Parkway. An additional one foot of building height shall be permitted
- 17 for each. added .foot of setback.. Revised :plans shah. be brought to the Planning
18 Commission ,for review prior to undergoing SPARC review and approval.
19 6. Street names shall be subject to approval of the Petaluma Street Naming
20 Committee prior to~ Final Map.
21 7. The following requirements of the Chief 'Building Inspector shall be met prior to
22 issuance of building; permits:
23 a. Grading must ~be certified when completed to indicate compliance with
24 approved plans.and will be required:for occupancy.
25 b. Soils with expansion index greater~than 20 requires special design foundation
26 per Uniform Building Code 2904(b).
27 c. Show site drainage and grading topography.
28 d. Indicate all utilities' on ste'plan.
29 e. Verify utilities are adequate for building (i.e:; size of water, electrical and gas
30 service and size of sewer).
3'1 f. Responsible party to sign plans.
32 g. Submit soils report to verify foundation design.
33 h. ,Pool must have the approval of Sonoma County 1~-Iealth Department.
.34 i. Sound wa1T must."be detailed.
35 j. Any abandoned wells require Health Department permit.
90-267 N.C.S. ~~
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roadway design and ,ovation, ete.,._s a _ e s _~
Site drainage design shall: be in conformance°with fhe Sonoma County Water
Agency Flood Control. Design Criteria. , ~ ~ ~ .
A bus pullout shall he provided on -Maria Drive between Ely Road and. Gate Way at
or near. the proposed elementary school. site; subject to the approval of the City
Transit Coordinator... ,
The following requirements of the Fire Marshal sha1L be met .prior to issuance of
development permits:
a. All dwelling• groups including garage• areas ;with 8;000 or more. square feet in
area, shall be protected"by an approved automatic fire sprinklersystem.
b. All dwelling groups with three or more units, but having less than 8,000
square feet shall be provided with. an approved' fire alarm,system.
c. All roof covering material-shall have: a class "B" rating or better, treated in
accordance with `the Uniform Fire Code Standard` 32.7.
d. Provide €re hydrants as .required; by the Fire ~ Marshal's Office. 43 fire
hydrants. for projects. Hydrants shall have a single 2 1/2 and single 4 1-/2
inch outlets. Fire flow required;,`2;250:gallons per minute at 20 PSI residual
pressure.
Hours of construction :activity shall tie limited, 'to. the hours of 7 AM to 6 PM,
IVlonday through Friday (non:holiday:).
Timing'of the development and sales of the residential -areas is subject ,to City staff
decision., relative to Zone 4 Water System completion and Sonoma Mountain
Parkway completion.
A grading plan shall: be submitted' showing the final proposed contour levels for
improvements. along Maria. Drive. from the'.existing edge of .pavement to the row of
houses proposed adjacent toMaria Drive. Grading; :landscaping and roadway
improvements .along Mara.Drive shall minimize the impact. of the grade differential
between existing and proposed,. development, aubject to SPARC review and
approval:
Revised architectural elevations of the detached single-family units shall be brought
back to . the Pl"anning~ Commission to review prior to SPARC review of the
architecture. .
A revised Tentative Map shall. be provided for SPARC review:which includes.'the
closure of Ely~Road at Maria;Drive. An.emergency vehicle roadway access shall be
provided from ;1Vlara Drive. to Ely :Road, in conjunction with public improvements.
The improvement of; the closure, including landscaping; fencing, .emergency vehicle
' l h 11 b ub'e'ct'to `SPARC review and approval.
10.
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90-267 N:C.S.~
C1~f+-l~ lT~
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1 16. All hazardous materials:' (as r.eco~gnized `by 'the. City Fire Mashal) utilized on the
2 construction site shall b'e kept within a fenced, locked enclosure, subject to review
3 ~ and approval ~of'Cit~ staff.
4 17. Garage doors to be a variety of materials and designs.
5 18. Tentative map/PUD approval shall become effective following City Council
6 approval and recordation bf a+ (revised); development agreement between the
7 applicant and City which reflects all relevant conditions of tentative map and
8 development plan.
9
10
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12 PUDsogo/gb4/council-3 .
Underthe power and authority conferred upon this Council by the Charter of. said City.
REFERENCE: I hereby oartify the :foregoing Resolution was introduced and 'adopted by the Approved as to
form
Council of the :City of Petaluma of a (Regular) (liY~~(d~)"meeting;
on the...:...~X.h.._:.,...... day of ... :::..:6iu$u;S~..~..,.. ........., 19..9.Q., by the "~ `~
following 'vote : ..... .........................._..........--
City Attorney
AYES: Balshaw, Sobel, I)avs, Woolsey, Tence. Vice_Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: 0
..
A'TTES'T : .............:... ..: ..: -:... ............. :.:.:.: ..:.... _ ........_.....
city Clerl~EpUl'Y Cil`V CLER Fila.. Mayor ~i
ca io-as Reg. ~0 9..'Q-~~W2`6.7.^ v.c s. C~ .~
~~~5~
~-~1'.
TENTATIVE- MAP
IS ON FILE IN THE OFFICE OF
THE PLANNING DEPARTMENT
CITY OF 'P'ETALUMA
EXHdBIT 9