HomeMy WebLinkAboutOrdinance 1822 N.C.S. 08/27/19901
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�FC��RDI TE
S E P 2 6 1990
ORDINANCE NO. 1822 N.C.S.
Introduced by Councilman Seconded by Councilman
Michael Davis Lynn WooLspy
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 Exhibit� 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 20th day of Augu4990.
ADOPTED this 27th day of August, 1990, by the following vote:
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh,
Mayor Hilligoss
NOES: 0
ABSENT: o
ABSTAIN: o
ATTEST: APPROVED AS TO FORM:
ity erCity ttorn
SoGlen / council-4
Ord. 1822 N.C.S.
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1990 0100062'
ie OFFICIIAL RECORDS -OF
SONOMA .COUNTY.
s t' BERNItt A.. PETERSON
AT REQUESTOR
_-- _ - — — — - --- — 10:/08/199,0--15.36-:15" _
FEE: $ .00 PGS: 25
TT : $ .00
F F 61 !AGREEMENT TO AMEND DEVELOPMENT AGREEMENT
Q 1a 9 BETWEEN
���Q. 0P,.G CITY OF PETALUMA�AND SONOMA PARKWAY COMPANY
J (FOR SONOMA GLEN)
This Agreement . amends the: Development Agreement dated 3 - 01° 96 ,
between the City of Petaluma ("City") and Sonoma;Parkway, Company ("Developer"). The
effective date of this agreement is a-'7 - 96,
RECITALS:
A. On March '19,1990,. City and Developer entered into a Development Agreement, a
copy of which is attached to this Amendment as Exhibit A (the "Development
Agreement"). See o.R. '900315545 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. and Developer . intend that when this Amendment is executed ;by City and
Developer, it will satisfy the adopted or proposed condition, of the tentative
subdivision. nap 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 oftentative map and development plan approval."
F. City and. Developer intend 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
.P_v,,itl i'n the 'Corona j r sy'S.pecific Plan Area.. ��
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 improvements, will not.be completed until 1991.
3. Extending time. for construction of houses under the Development
Agreement may delay generation of a significant amount of traffic until after
the Rainier overcrossing 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 1year.
NOW, THEREFORE,, City and Developer agree to amend the Development Agreement
as follows:
1. Amend Title, page '1, to read:
Additions = italics
Deletions = strikeouts
"DEVELOPMENT AGREEMENT BY AND BETWEEN
CITY .OF PETALUMA AND SONOMA PARKWAY COMPANY
FOR THE DEVELOPMENT KNOWN AS
SONOMA GLEN (FORMERLY SONOMA GATEWAY)
APN 137-060-01 AND 31
2. Amend Recital, Section B; ppage 1, to read:
"B. Developer owns in fee 444,4-�-. 1274± .acres of real property described in
Exhibits 1A and'IB attached to this agreement (the "Property')."
3. Antend'Recital, Section.F, page 2, to read:
"F. Developer' wishes to develop a largge-scale, phased development ("Project")
generally described. as follows a planned residential district totaling 45 545
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 the. ordinance approving this Development Agreement and shall continue until
March 22, 1998, (eight years) (-7-years) 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, policy, plan, or rule the effect of which would limit the
number, size, or amount of residential development as permitted by
Paragraph 323 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 3A.6(3), Affordable Housing, page 8, to read:
113. 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. Uts
yea��€ ec�nstrt�ettoFr.-.
7. AddSection 3.1.6(4), Affordable Housing, page 9:
114. 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 first phase of construction., At such time as subdivision
construction begins easterly of :Sonoma Mountain .Parkway, the project perimeter wall
as described ,in the Parkway master plan' will be erected at earliest feasible point of
construction. "
9. Amend Section 323(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 1-9901991."
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10. Amend Section,3.2.3(c)',, page -1.1, to read'
"(c) City agrees to permit development of properties, including
construction of dwelling units, affected by limitations, in water pressure
until construction '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 the- City. Properties not
dependent on Water Pressure Zone 4 shall not be subject to this
paragraph. "
11. Amend Section 3.2.5, page 11, .to mead:
"3.2.5 Allotments. City agrees to grant Developer allotments on an annual basis
according to the following schedules:
1990
75
1991
343
104
1992
TI2 .
708
1993
442
14
1994.
4-53
113
1995
-15
-0-
1996
Q
1997Q
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: f n-afly�ean4x .ile-thy-tF-rube �€
€hough --4andard--allotment--applieaton-$r-eeedt e:---The allotments
granted herein are -subject to the final number -of units approved by the City
after project review and approval. and does not constitute approval of any
project or 'series of projects- nor does. the granting . of said allotments
guarantee that the project 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 maximum 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 Seetion:3,2.7, (City Obligations), page 12, to read:.
"3.2.7 Sonoma Mountain Parkway Construction.
Neither City nor Developer shallcommence construction on Sonoma Mountain
Parkway 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
improvements; including dwelling :units;:. nor 'shall it apply to .work on
improvements for Water Pressure 'Zone 4."
13. Amend Section 3.4, page 13, to read:
113.4 The, City and Developer agree, to amend this, Agreement upon ;approval of
the Project by the City :in ,order to incorporate all conditions of approval
herein. Conditions of ,approval' and all findings peheiiriing `thereto adopted' by
the City through. tentative 'subdivision ,map, rezoning or development plan
approvals are.. attached to this. Agreement., as Exhibits 6, 7, and 9,, which are.
further identifiedin paragraph: 9.5. The parties agree that as the 'documents
identified in ,each such exhibit are :adopted by the City Counci4 the document
shall be .attached to the Development Agreement and thereby incorporated as a
part of it.
14. Amend Section+41(a), page 13, to read: -
"if developer 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 Particular year, =plus. up' to .5.0% of the total
number of units unbuilt from the previous:,year(s)..(Le, two years or more are mduired
to capture all unbuilt units from, a,given year-); provided that no more than 450 building
permitsmay be issued in the entire Sonoma Mountain.Par"kwayAssessment District in
any calendar year "
15. Amend Section 7.2, page 19, to read (in part):
"7.2 Mortgagee Na Obligated.
Notwithstanding the'provisions of Section 94 71' above,'..."
16. Amend Section 9.5, page 23, to read:
"9.5 Entire Agreement:
This Agreement is executed in. four (4) duplicate originals, each of which is
deemed to ,be an original. This Agreement .consists of forty=four (44) pages,
in :lading the recitals and which constitute the entire. understanding.
exhibits, _
and agreement of the parties.
Exhibits "1A and IB"
Description of Property; .
Exhibit'"2"
Sonoma Mountain Parkway .Descnption;
Exhibit "3"
Participation Schedule;
Exhibit`"4"
Schedule: of Development Fees
Exhibit "5'`
Affordable: Housing, Site,
Exhibit "6"
Resolution approving Tentative Map;
Exhibit. I"
Ordinance rezoning property to PUD;' .
Exhibit "8"
Resolution approving PUD development plan;
Exhibit'.9"
*Tentative Subdivision map.
17. In all other respects, the: _Development Agreement shall be unchanged and shall
'remain in full force and effect.
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18. This amendment shall be, effective for all purposes upon its execution by the City
ur
and Developer.
19. Developer has, acquired the right to develop additional, property. described in
'Exhibit - 1A to this Amendment (the "additional property").. The additional property
is owned by I Edmund M. Johnson, Albert H. Nissen, and Richard W. Weber. By
their signature below, Edmund M. . Johnsen, Albert H. Nissen, and. 'Richard W.
Weber hereby agree to be bound by the, terms and conditions in the Development
Agreement and, this Amendment.
CITY OF PETA LUMA.
A Municipal Corporation
C �MANAGER
y
sogatewy/plan12
By:, SONOMA PARKWAY COMPANY,
,a,.California General Partnership,
By; Sonoma Gateway Associates, L.P., a
California,Limited Partnership
By:, Ely Coro�,a.,�rpo-ft4ion, a California
Corpora k I J ii er Partner-
By: Fu
Usla-NV-_�fte, Secretary
I
By. Cherry Lane Associates,, L.P., a
Caldorrua Limited Partnership
By: Delco Builders & Developers, Inc.
"a California Corporation, its General.
Partner
BY;
Doy". Heaton, rest 'ent
B':-. ZXIBERTY FARMS, a California
eneral Partnership
75�'ffichard W. Weber, zt Farther
31
ACKNOWLEDGEMENT TALuy9
CC 1181(7)
STATE OF CALIFORNIA
ss
COUNTY -OF SONOMAli On this rese�
1. -_2d'a yy _ 199 C before me, Patricia E.
'Bernard, City er_ ity of Petaluma,, p r on :y" appeare o L. ScTlafer personally known to
je me to be the City Manager. of..the City of :Peialum nd known to me .to be the person who .
executed the within instiu ent onbehalf of the Ci of etaluma and, acknowledged that the City
executed the same:
Patricia TiBernard,ty er "
(City Manager, City)
STATE",OF CALIFORNIA l
} ss
COUNTY OF
On September 11, 1990 before me,;'the undersigned, a Notary Public in and for
n Ily ap e red Albert H . N1 ssen and, Edmund: M., J,ohnse'n and
said State;'�Pe�qlaarc� �rJ. a er
inown to me to be the partners of the partnership
Ghat executed the within instrument and acknowledged to me that
such. partnership executed the same.
WITNESS my hand and official seal.
Signature (�A7'
arol Bishop
Name (Typed or Printed)'
I
STATE OFCALIFOJaIAI FrdnC1SC0 Iss.
COUNTY OF J 1
OFFIC L SEAL
CAROL, BISHOP
NOTARY PUBUC-CA 0FW1A
PRINCIPAL OFFICE IN
SONOMIA COUNTY .
My Commission Expires Apr. 23,1993
(This area for official notarial seal)
On September 12 , 1990 before me, the undersigned,.a Notary Public in and for
said State, personally appeared Lisle W. Payne and
personally known to me (or proved. to me on the basis
of satisfactory evidence) to be the persons who executed the within instrument as Secretary
President and Secretary, on, behalf of Ely Corona' Corp,.
the corporation therein named, and acknowledged tome. that said
corporation executed the within instrument.pursuant to its by-
laws or a resolution of its board of directors, said, corporation being
known to me to be one of the'partners:,of
Sonoma Gateway Associates; 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 part nership'executed'the same.
WITNESS my hand and 4cial seal.
Signature („�/
State of California
Co,unt,y of Contra Costa)ss....
JULIA BARN'ARD HOLLISTER
Notary Public -California
SAN FRANCISCO COUNTY
My Comm: Ew Jan. 7, 1992
(This area for official notarial seal)
On this 14th day of .Sep'tember in the year 199,0 before me,
Teri E. Diaz a Notary Public in and for said county
and state, personally appeared Doyle D. Heaton j personally known
to me (or proved to me.o. the basis of satisfactory evidence) to be the
President of Delco BLPilders;& Developers 'Inc.,., the corporation that
executed the within -instrument as general partner on behalf of Cherry Lane
Associates limited partnership as general partner of Sonoma Parkway Company,
a California general partnership, the partnership 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 offici eal.
OFFICIAL: SEAL
Signature �_. TERI E DIAZ
Teri E. Diaz 4 '16-93 M ARYKAM-CALF'ORNIA
CONTRA COSTA COUNTY
Commission Expires April-16, 1993
EXHIBITS FOR SONOMA GLEN
#Is 1-- 5 are part of The Development Agreement
Recorded at 90-03,11545 on March 29, 1990
iXHIBIT
Res®lotion No. 90-268 i1.Ca:
of the UIV (A PetaIL1111a. California
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2 RESOLUTIO.N APPROVING° THE; TENTATIVE SUBDIVISION MAP
3 FOR SONOMA,GATEWAY, ('SONOMA GLEN),- A RESIDENT AL,S.UBDIVISION
4 -LOCATED ON, MA'Atk DRIVE: NEAR YARBERRY,
5, 'APN"137-060-61
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7 WHEREAS, Delco Builders & Developers/Sonoma Parkway Company, as owner,, has filed
8, with this Council a Tentative Map to subdivide land within 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 requiredby law and all
13 -reports, recommendations, and eomments thereon have been forwarded to 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 Findings:
1. The proposed subdivision, as conditionally approved; together with provisions for Its
design and, improvement, is' consistent with the General Plan and Corona/Ely
Specific Plan objectives, policies, general" land uses and ;programs.
24 2. The site ;is physically suitable for' Ihe' type and: density of development proposed, as
25 conditionally approved:
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21- 3. The design of the subdivision and the:. proposed improvements therefore, as
28 conditionally approved will not cause substantial .environmental damage,- and no
29' substantial or avoidable injury will occur to fish. and/'or wildlife or.their habitat.
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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 with'in the proposed subdivision.
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35' - 5. The design; of the Subdivision and the type of improvements proposed will not
36. conflict With easements; acquired by the public at large, for access: through or use of
37 property within the proposed subdivision.
LVTr'7TjDT C
Arl
Res. No, ... .9.o..::268.,..... V.C.S. 1
rj.
1. 6. The discharge "of,waste from ,. the proposedsubdivisibn into the.existing community
2' sewer system will not result ,in violation of the existing requirements prescribed by
1 the Regional Water Quality Control Board.
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BE IT FURTHER- RESOLVED, based on the findings. set forth above, that the above
r . eferred-to Tentative Map,. be and the same 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",requifements, of the City Engineer:
a. The developer shall comply 'with the Petaluma Municipal Code. Section
20.36.0.10,and'20.36.920 which require _thee developer to pay storm drainage
impact fees (as'cd1culated in Chapter 17.30) on, construction in all sections of
the City of Petaltirril.
b. Temporary emergency turnarounds. shall 'be 'installed as required by the Fire
Marshal on all. street, stubbed out for future extension.,
C. All street lights used within this development shall have, standard metal
-fixtures dedicated to.the City for ownership and maintenance. Prior to City
acceptance, the developer shall verify, all lights meet PG&E's LS2 rating
system..
d. Signing and stripifig'shall conform -to City Standards.,-
e. This development may be dependent :upon utilityimprovements 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 Wilm . ington Sewer Pump -Station is at capacity, during wet weather
conditions.
The proposed -five, year capital improvement program, includes
provisions. for expansiomofthei Wilmington, Pump -Station to'handle,,proposed
developrne'rit as well as improvements to better serve existing development.
This development . shall pay a pro-rata share of the costs, - of these
improvements.,
9. Full 1/2 street improvements to Maria Drive from the southeasterly property
boundary to Moming'Giory Drives" hall be -required' 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 . I stru,ctqral.s_dlttl-on, undieqgT,6unding of utilities., and utility
extensions subjeata the -a proval .of "the. City-hrigineer and SCWA_
Frontage, improvements a -rid -dedications for, the school site :shall be the
responsibility 'of the'proJect developeir and be in pla'c*e prior to the project
commencing, subject, to the approval of the City Engineer.
The cut -de. -sac areas'shall.be enlarged and contained within the publicright
of -way to accommodate island parking,.* Said.revision shall be provided on
plans §ubmitted'for SPARC review.
The following, street.sectibris (face of curb to face of curb) shall be widened
within the, right -ofways proposed by thisdevelopment.
a) Mountain Way Circle and Gateway. widened to 32 feet, with the
sidewalks meandering into a 110 "foot public access easement as
requiredi,.
b) Mound Courtwidened to 32 feet, with the sidewalks meandering into
a 1016oit public access easement as required.
The intersection of Mountain Way Circle area) and the common
area, driveway (adjacent to. Lots 32,,38, 211.4 and 239) shall be reconfigured to
provide adequate sight distance, subject to the approval of the City Engineer.
Said revision, shall'-bd, provided on plans submitted for SPARC review.
2. The developer shall comply with the requirements of PG&E regarding the
development of this s*ubdiVisi6n.,,
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
`District, through an Assessmentsubject to approval of the City Council concurrently
with the -approval of the Final MaP Application for an Assessment District shall" be
made -a
prior to final map, pp.1catiom
r1i right-of-way shall be
Landscaping' ,and irrigation 'ation systertis within the public tight
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designed to standards acceptable to the C I ity of 'Pttalurna; Cost of for' m'ation of the
required Assessment Diitrkt shall be borrit by the, project proponent. Street
lighting-, operations And maintenance- shall be incorporated into the
'e , '
Landscape/Lighting Assessmint District, subject to 'staffdetermination prior to
Final Map approval.
90-:268 N.C.S. 3
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 PUD unit development plan are hereby
incorporated by reference to this approval. The tentative map _shall be amended
prior to final map submittal 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 -access strip shall be provided between the school sita and the
adjacent residential lots, alongSonoma Mountain,
taro Parkway and Maria Drive, and
between the PG&E easement and lots in the Glen Brook Subdivision.
8. Access locations —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. A -full
roadway section shallbe 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:°shall,'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 in their entirety 'in conjunction. with the
development of residential units along Sonoma Mountain Parkway.
ExJU-iOIr 6
90'-A8 N.C.S.
4
1 13. A revised Tentative. 'Map shall be provided,;for SPARC review which includes the
2 closure of Ely Road at, Maria Drive'. An emergency 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 be, subject to SPARC review and approval.
6
7 14. The Maria Drive 1/2, street section shall, be modified to provide, an eleven Q 1) 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
11 School frontage. "No Parking" signs shall be installed`. as required by the City
12 Engineer.
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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/couiicil-3
H
Under the; power; and,authority conferred upon this Council by,the Charter of said City.
REFERENCE: I hereby"certify the foregoing Resolution was and adopted by •the Approved as to
. City gulag) � form
Council of the Ci of Petaluma at a Re , . meeting
on the, f14 .......... day of,............ ..Lil $uRh.................... 19.9.1, by the
following vote: ............................................
City Attorney
AYES: Balshav, Sobel, Davis:, Woolsey, Tencer, Vice Mayor Cavanggh, Mayor- Hi'lligoas
NOES: 0
ABSENT: 0 `r
AwEST D EP .:....
City Clerk " C' CLER Mayor
eb,� �..__._._._._.._._._
997.904
GA �10-85 � Rea. No. .......:.. N.C.S.
5 CX W�l,I -6
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-46
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EFF WAI
�.0 F
- SEP 06 1990.
ORDINANCE NO. 1811 N.C.S.
Introduced by Councilman
INTI-ow 179W,
Seconded by Councilman
FraTTOWIne Mn
AN ORDINANCEAMENDING,ZONING ORDINANCE NO. 1072 N.C.S.
BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL
NUMBER 1_37-t060-01, KNOWN AS'SONOMA GATEWAY (SONOMA GLEN)
SUBDIVISION FROM PCD (PLANNED COMMUNITY DISTRICT)
TO PUD (PLANNED UNIT DISTRICT.),
LOCATED ON MARIA DRIVE NEAR YAR8ERRY
BE IT ORDAINED BY THE COUNCIL OF THE , CITY OF PETALUMA AS
FOLLOWS:
Section 1. The City Council finds that thePlanning Commission filed with the City Council
on July 16, 199.0its report as set forth in its minutes :of June 26, 1990, recommending the
adoption of an amendment to. 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 furthe'r finds that -said Planning Commission held a public
0
hearing on said proposed -amendment to Zoning Ordinance No. 1072 N.C.S., on June 26,
100 after giving notice of said hearing in the manner; for the period and in the form
required by said Ordinance N&1072.N.C.S.
Section _1
Pursiantto- the provisions of Zoning Ordinance No. 1072 N.C.S., 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 generalwelfare will be
furthered by the proposed amendment.
Section-4. Pursuant W the provisions . of Zoning Ordinance No. 1072 N.C.S., as amended,
and based upon the evidence, an
.,it has received d in accordance
arice with the findings made, the
City Council hereby adopts. amendment to said toning -Ordinance" No. 1072 N.C.S. so as to
Irl
Ord. 1811 N.C.S.
7
10
12
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14
�1-5
16,
17.
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31.
.32
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.39
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he , referred, to, -in accordance with the
reclassify and rezone Said, property oinbefore
recommendation-of the Planning Commission.
Section 5. The City,, Council, -finds that the requirements of the California Envirorimental
Quality Act Guidelines, and Section 15083 have been satisfied through the preparation and
certification of the Cor-ona/Ely Specific Plan 'Environmental Impact Report. . in which the
anticipated specific impacts. have, been, adequately identified and, mitigated through the
adoption of specific conditions of approval . applicable to the ..proposed 'Sonoma Gateway
project.
Section 6. The City
Clerk is hereby directed to post this Ordinance for the period and in
the manner required by the City Charter.
Section 7. If any section, :subsection, senterice, 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 -Cfty. of, Petaluma hereby declares;that ,it would have ,passed -and adopted this
ordinance and each and .all provisions thereof 'irrespective of the1act that any one or more
of said provisions, be declared unconstitutional.
INTRODUCED . and ordered Posted/Published this. 16th dayof, August—, 1990.
ADOPTED this 6th day of Atigus,,'t --- 19909 by the following vote:.
AYES: Balshaw, Davis,, Wboilsey, Tencer, vice Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: Sobel'
ABSTAIN:
... sogorz / gb3
APPROVED AS'TO FORM'
ity Attorney
Ord. 1$11 NX1. S;.
2
4:�ii
. T,
- Resolution'NO. _ 9'0- 25 7
Of th(i City 'Of .Petatunia:., California
RESOLUTION APPROVIN-,
1
G THE, PUD UNIT DEVELOPMENT PLAN FOR
3' SONOMA GATEWAY (SONOMASUBDIVISION. SUBDIVISIOA SINGLE FAMILY
4 AND C1.ONDOMINIUM RESIDENTIAL DEVELOPMENT LOCATED ON MARIA
5 DRIVE NEAR YARBERRY, APN137-060-01
6
7 WHEREAS, by Ordinance No. 1811 N.C.S., Assessor's Parcel Number'137-060-01, has
8 been rezoned .to Planned Unit Development (PUD);, and
9
10. WHEREAS; by action taken on June 26, 1990, the Planning 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, identifiedi and mitigated through the
18 . adoption of specific conditions of approval applicable to the.proposed GlenBrook project.
,19
20 NOW, THEREFORE, BE PIT RESOLVED that the City ,Council hereby adopts the
2`1 following findings:
22
23 Findings:
,24 1. That the development plan as conditioned, results in a more desirable use of the
25 -land, and abetter 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
2& organized arrangement 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
31 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 Plan.
35 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,
Res. No..., ....................... N.C.S.
1,
2
3
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and spirit of`the zoning regulations of th_ e City of Petaluma and with the Petaluma
General Plan.
That the PUD District is, proposed nn property which has a suitable relationship to
one or more thoroughfares (Sonoma Mountain Parkway., Maria Drive) to carry any
additional raffic generated by the development.
6
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.to.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 s11411'be developed for both •the- detached single family units and the
14 attached condominium units. The :'CC&R's shall be subject to staff review and
15 approval prior ;to Final Map. and 'shall include a reference to PUD .Development
16 Standards fagoverning the following:
17 a. Maximum: `lot coverage; minimum 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 Zoning:Otdinance.
28- e. Protection of solar .access..
29 f. Creation of a homeowner's association' for private landscaping and
30 improvement maintenance.
'31 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 limited to architecture; public and -private `landscaping; hardscape surface
34 treatments, .irrigation and fencing. Particular emphasis shall be placed on SPARC
35 review of the following:
90-267 N.C.S.I-JIMIT,
2
I
a.
Unit architecture for both -thedetached single 'family units and the attached
2:
condominium units for compliance of. all units with the intent of General
3
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 townhouse units architectural styles and
8
construction materials.
9
C.
Redesign of unit architecture/lot layout as necessary to further reduce
10
prominence of garages. Further recessing of garages, detached garages, or
11
sidemen try garage (with 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 setback 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 the; following:
20
a.
Provision of landscape buffer of trees on school site and minimum eight (8)
21 . ,
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: for" 'property within both the Sonoma
27
Gateway and the Glen :Brook PG&E 40 foot, wide utility easement. Each
28
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.
(Maintenance iof 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.
90-267 N.`G.S. Eli /
.3
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.1 of the Sonoma Gateway Subdivision and Lot 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 5. Development of the townhouse condominium project shall be revised to increase
14 the density to a:minimum 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 shall. be brought to the Planning
18 Commissi_on,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 site'plan.
29 e. Verify utilities are adequate for building (Le,:; size of water, electrical and gas
30 service and size of sewer).
31 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 Health Department.
34 i. Sound wall must"be. detailed.
35 j. Any abandoned wells require Health Department permit.
90-267 N.C.S.
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Site drainage design shall. he'an in conformcei wit.4. the Sonoma County Water
Agency Flood Control Design Criteria.
A bus pullout shall be provided on Maria,Drive:--between Ely Road and. Gate: Way at
'or near the proposed elementary skh,601 site; 'subject to the approval of the City
Transit Coordinator.
The following requirements of the Fire Marshal: shall be met -prior to issuance of
development permits,.
a. All dwellinggroups ine'ludin&,garage, areas with 8,000 or more square feet in
area, $hall, b . e protected.by an approved automatic fire sprinkle r,syste m.
l
b. All dwelling groups with th I ree 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. aclass, �'B" rating or better, treated in
accordance with the Uniforms Fire Code Stand a rd' 32.7.
d. Provide fire hydrants as required by the Fire -'Marshal's Office. 43 fire
hydrants for projects. Hydrant 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 be limited :,, to, the hours of 7 AM to 6 PM,
Monday through Friday non-�holiday-.)
Timing;of the. d e*v,�lopmeftt 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
posed adjacent to Maria Drive. Grading; :landscaping and roadway
p
im rovements along, Maria Drive shall minimize the impact. of the grade differential
between existing and proposed, development, subject to SPARC review and
approval.
Revisedar6hitectural elevations of the detac . hed single-family units shall be brought
s",
back to. the: PI'anm*n'g'- 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
Road it Maria Drive. Antmergency vehicle roadway access shall be
M
provided fromania Drive. to Ely :Road, in conjunction with publi; improvements.
The improvement of; the closure, including landscaping, �fencing, emergency vehicle
1k 11 k,.i `SPARC review and approval.
roadway design and . ovation,
90-267 N.C.S.-
5
1 16. All hazardous materials (as recognized `by the. City Fire Marshal) utilized on the
2 construction site shall b'e kept within a fenced, locked enclosure, subject to review
3 : and approval of 'City staff.
4 11. 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 of a (revised); development agreement between the
7 applicant' and City which reflects all relevant conditions of tentative map and
8 development plan.
9
10
12 PUDsogo/gb4/council-3
Underthe 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) �WUAV U6 meeting �/�
form
on the. ......X.h.._:.,...... day of ... 6iu$>�• ..... , 19..9.Q., by the � /L
following 'vote: ............................................
City Attorney
AYES: Balshaw, Sobe1, Davis, Woolsey, Tence, Vice -Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: 0
GJ'v
ATTEST: .............qu: ............... ......... ......... ............... ..............-
4City Cler Mayo
'DEPUTY Cil`V CLER�,�,.,,F�_:�.
CA 10-85 Res. No 9;Q 2`b.7_ N.C.S. I
TENTATIVE MAP
IS ON FILE IN THE OFFICE OF
THE PLANNING DEPARTMENT
CITY OF 'P'ETALUMA
N