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HomeMy WebLinkAboutOrdinance 1821 N.C.S. 08/27/1990i .,:, ,_ ~~~~~ ~~ '~~ ~~~~~ ~~p 2 6 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 1821 Introduced by Councilman Michael Davis N.C.S. Seconded by Councilman Lynn Woolsey AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND DELCO BUILDERS AND DEVELOPERS AND CHERRY LANE ASSOCIATES FOR THE DEVELOPMENT KNOWN AS MOUNTAIN VALLEY (FORMERLY MORNINGSIDE), APN'S 136-120-15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 28 Section 1. The City Council hereby finds that the provisions of the Addendum to 29 Development Agreement between the City of Petaluma and Delco Builders and 30 Developers and Cherry Lane Associates, a copy of which Addendum is attached hereto as 31 Exhibit 1 and incorporated herein by reference, is consistent with the General Plan, 32 Corona/Ely Specific Plan, and other applicable plans, policies, ordinances, and regulations 33 of the City of Petaluma. 34 35 .. Section 2. The City Council hereby approves the terms and conditions of said 36 Addendum. 37 38 Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and 39 directed to sign Addendum on behalf of the City of Petaluma. 40 41 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for 42 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 43 shall not affect the validity of the remaining portions of this ordinance. The City Council of 44 the City of Petaluma hereby declares that it would have passed and adopted this ordinance Ord. 1821 N.C.S. 1 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.. INTRODUCED and ordered Posted/Published this loth day of augu~r1990. ADOPTED this 2 ~ tt- day of August , 1990, by the following vote: AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: o mtvalley /council-4 Ord. 1821 N.C.S. 2 ECDPDEq...-~.. . ~, `~ `~ . ~: sp~oMA o J?1 AT' FIECQUEST':OF: 10 /`15 / 1' FEE.: $ TT $ .1990 0102220 OFFICIAL RECORDS OF $OPAo{1AA~ C®l81!ITIf BERNICE A. PETERSON ago 13:12:25 .00 PGS• . 0'0 - ~1'1'Y OF PETALUMA ' P: O. B.OX 6 ~ ,~~'?''~+~~~P+'aA, ~`~+ 9~'~REEMEIV'I' TO AMEND DEVELOPMENT AGREEMENT . ~ BET'WEEN CITY OF PETALUMA AND~DELCO BUILDERS AND DEVELOPERS AND CHERRY LANE' ASSOCIATES '(FOR MOUNTAIl~T VALLEY, FORMERLY CALLED MORNINGSIDE) ~~ 22 This Agreement amends the Development Agreement' d'ate`d March 19 1990; between the City of Petaluma: ("City") and Delco Builders and Developers and Cherry.' Lane Associates ("Developer"). The effective date of this a reement. is g- ~u.aus~ ~A , l 99d RECITALS: A. On March S9, 1990, City and Developer entered into a Development Agreement, a copy ,of which.'is attached to thin .Amendment as Exhibit A. (th_ e "Development Agreement"). ~ ' .®,~~ B. City and Developer~wish to amend the D`evelopment.Agreement. C. On August 14, 1990; 'the ~Gity 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 Llleveloper intend .that, when this Amendment is executed by City and Developer, it will satisfy the adopted or proposed condition of the tentative subdivision map 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 aril City that reflects conditions of tentative map and development plan approval.. F. City and Developer intend that the difference in the number of allot-meets produced by the Amendment to Sectioa:.3~2.5 df the Dwelonment A~reemAnt cha1,1. he avail'a_ble, as needed; to ahe City of Peta'lu%za for the construction of lower, and ~ - - ~- _~'mode.rate income ..housing on Land dedicated to the City of Petaluma for that . purpose unthin fhe Coior~a j l,.I~ ~pecific_Plan arr.:a. ..~0. ~~~YNCS ~; ~~ '.~.jg3l G. Developer has:: asked `City, ~ to extend the. term of'the 'Development Agreement for a term of one year, and City desires to do so because: 1. Completion of Sonoma. Mountain Pakway has been substantially delayed. 2. Water Pressure Zone 4 improyernents 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°mp"rovements at I=Iighway 101 are commenced. 4. Conditions. in the .Corona/Ely Specific Plan area and environs have not changed significantly; hence, the adopted EIIt still adequately addresses project `impacts for fhe additional year. NOW, THEREFORE, City and Developer agree to amend the Development Agreement as follows: Additions- =italics Deletions = st~i#eo~ts 1. Amend. Z`itle, page 1, to read: "DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETALJMA-AND DELCO BUILDERS AND DEVELOPERS AND CHERRX LANE ASSOCIATES .FOR THE DEVEL;OPME'NT KNOWN AS MOUNTAIN VALLEY :ESTATES AND IVIOUNT'AIN VALLEY .DOWNS (FORMERLY KNOWN AS MORNINGSIDE), APN 13b-120-15" 2. Amend Recital, Section ~', page 2, to read:. "F. ~ Developer' wishes to develop alarge-scale,,,- phased development ("Project") generally described as follows: a planned :residential district totaling ~~~ 182 dwellings." 3. Amend Section 1.2,: page 4, to read: "The term of this ~Develo~ment Agreement'shall. commence upon the effective date of the ordinance approving .this Developrnenfi. Agreement and shall continue until ~-~ March 22, 1998, (eight years.) E~-ye~s~ unless extended or earlier terminated as provided herein." ~~1~:1~~1NC~ ~ 1~3~ 2 4. Amend Section 2:2, page 5, to read: 2.2 Rules. Regulations and Official Eolicies; (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 Para~aph ~~:~ 3.2.5 qr 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. 5. Amend Section 3.1.6(3), Affordable Housing;; 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 tYie housing described above shall give due. consideration to_ the Corona/Ely Specific Plan. i7~its- ts~~se~ ~o~r-a€€o~ ,able-ltous~g~l y~a~~f-e~o~st~eti©~r" 6. Add to Section 3.1.7 (Developer Obligations), :page°9: 'Developer will erect project perimeter. -wall along .Sonoma Mountain Parkway at earliest feasible point during first phase of construction. " 7. Amend Section 3.2.3(a),°page 10, to read; 3.2.3 V~!ater' 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 eonstruetion of Water Pressure Zone 4, to being construction at the .earliest possible date, and to have the. system operable in ~9~91991." 8. .Amend Section 32.3(c), page ll,~to read: "(c) City agrees to permit .development of properties, including construction. of .dwelling units, affected by lmitatrons in water pressure until .construction of Water 'Pressure Zone 4 is completed, .provided an interim water system. satisfactory;to the City.Fire Marsha and City Engineer is constructed for: use during the construction period until 3 Water. Pressure Zone-4 .becomes, operable. Certificates of Occupancy will not be granted to..units dependent on Zone 4, however, until such. time as wafer pressure is satin factory to the City. Properties not dependent on Water: Pressure. Zone 4 shall not be subject to this paragraph. ~~ 9. Amend Section 3.2.5, page 11, to read; "3.2.5 accorments. City agrees to grant.. Developer allotments on an annual basis ding to the following schedules: 1990 67 19.91 64. 1992 ~ =~0 ~ 51 1993 -2b -0- ..1994 -~~ -0- 1995 -0- 1996 -0- 1997 -0- Developer shall -be exempt from the allotment forfeiture provisions as set: forth in. Chapter 17:2b of the Petaluma 1Vluncipal Code (the Residential Growth 1Vlanagernent ;Ordinance) .and may accumulate unused ~ allotmeents 'from year=to-year over'fhe term of this Agreement,,. not to exceed the total allotments for the :entire project. lrt-a-x~ years-~~e~-tie ~atn~-~x~be~ o€ Ei'de--~let~ent---retests---~,--1~ss~--~h~a~---~---~~eF--~€=-a~v~i~able thr-a~gl}-~~~-~t-a-nd~ard==al-k~f~er}t--a~pkcat-ion--~r~c~edt~---The :allotments ,granted herein are subject "to the final number .of units approved- by the. City after project review ,arid 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 the City of Petaluma ~ for the purpose of ~proyiding 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." 10. Add Section, 3.2.7, (City Obligations), page 12, to read: "3.2.7. Sonoma Mountain Parkway Construction. Neither City nor Developer shall commence construction on Sonoma Mountain Parkway ~ which. would significantly impair traffic on Ely Boulevard until improvements to Mc.Dowell 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 publcc or private improvements, including dwelling units, nor shall it apply to work on improvements for Water Pressure Zone 4.'' ~.1~~il~LS 4. Il'... Amend Section 3.4; page 13~to read: " 3.4 The, .Cite and Developer .:agree to ;;amend this Agreement upon :approval of the 'Project by the City in order to incorporate: all conditions o"f approval herein. Conditions of approval ,and all' findings, pertaining thereto adopted by the City through tentative- subdivision map; ` rezonin~~ or development: plan approvals are or will be attached'. to this Agreement as.'Ezhilits 6, 7, 8 and "9, which are. further .identified. in paragraph 95 The parties agree that as the documents identified in each -such exhibit. are adopted` liy. the City Council the document 'shall be attached to: the Development, Agreement and thereby incorporated as' a part of it. " 12. Amend Section 41(a~),; page I3, 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 units. 'for that particular year plus up to 50% of the total number of units unbuilt from .the previous year(s) (i.e., two years or~more are required to capture-.all un'built units, from ~a given year), .provided that no more than,450 building; permYts may. 6e issued in. the entire-Sonoma Mountain Parkway Assessment District in airy calendar year.," ~" ~ . 13. Amend Section 7.2, page 19, to read (in part): "7.2 Mort~aeee Not Obli ag ted. ~ - Notwithstandng the provisions of Section ~~ 7.1 above, ... " 14. .Amend Section 9.5, .page 23; to read: "9.5 Entire Agreement. This Agreement ris executed in :four (4) duplicate originals, each of which is deemed to be; an original.. This Agreement..consists of forty-four (44) pages, including the. recitals and :exhibits, which. constitute the entire understanding and agreement of the parties. .. .Exhibits "1" ~ Description of Property; Exhibit "2" Sonoma Mountain Parkway 'Description; Ezhibrt "3" Participation Schedule; Exhibit "4"` Schedule of Development Fees; Fxhibit'y''S" ~ Affordable Housing Site; Exhibit "6" ~ Resolutiori~.appcouirig .Tentative Map; Exhibit '7" Ordinance rezoning properly' to PUD,• Exhibit "8" Resolution approving PUD development plan; Exhibit "9" Tentative Subdivision Map; 15. In all other respects,. the Development Agreement shall be unchanged. and shall remain in full force and .effect: . .~ ~ ~~~,~8~1NCS _ . S ,. 16. This amendment shal .be:. effective for all purposes upon its execution by the City and be"veloper: ~ ~ ~ _ DEI.CO. BUII:DERS & DEVELOPERS By• CHERRY~LAIVE ASSOCIATE By: Attest: ! / 'i ity er . ~~~;~! Warren Sal"mops mtyalley/planl2 . ~i ~_ ~ ~ AH . 6 CITY OF' PETALLTIVIA ACI~NOWI~EDGElV1EI~1'T CC 1.181(7) . STATE OF CALIFORNIA ss~ COUNTY OF SONOMA . On. this d ® d'ay of ._ Bernard, Lity , er c, ity of~Petalurt me to be the City 1Vlanager of the :.executed the within instrument on b exec~ate~ the same. (( itv ManavPT C itvl .199..Q, before me, Patricia E. ,rsona , y 'appeare~ o n L. ScFiarer personally known to of Petaluma arid. known ,fo 'me to be the- person who of "the City,, of Petaluma aril acknowledged that the City atncra ernar ~, ity er ~°~~.~.1g~1NCS STATE OF CALLFORNIA )SS y OF CONTRA COSTA) ~~~.1 ~ 2 1 N C S COUNT ~ ~ - 19~90 before me On this L~+th__ daY of September Teri E. Diaz, a Notary Public of the State of California, duly eared 'Doyle D. Heaton, commissioned and sworn, personally aPP ersonally known .to me to be the President of the corporation P that executed the within instrument on behalf of~said oration, said corporation being known to me to be the Corp ' artnership that executed the General Partner. of the limited p ed' to me that such corporation within in~str.ument, and acknowledg executed the:.-same as the General Paraner oft-L artnershipS a limi-ted partnership and that _ P executed the same.. ~ „„~,~ WITNESS ,X HAND .AND OFFLCIAL SEAL ~ ~ ~ NOTARY PUBLIC IN AND STATE OF CALIEORNI?~ COUNTY OF CONTRA COST R SAID STATE S ~~Q~.~.8~1N~S THESE EXHIBITS WERE RECORDED WITH THE ORIGINAL AGREEbTE~NT Reso~luti:On NO: 90-243 ~.~,5, of the Citv~~:f~ R~talun~~. C~,Liforni 1: 2: . 3 •4 5 6 7 8 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 .. 38 RESOLUTION' APPROVING THE TE°NTA'I'IVE SLJBDMSION MAP FOR MORNINGSIDE, A 182-U'NIT RESIDENTIAL SUBDIVISION LOCATED ON ELY BOULEVARD NORTH+ ACROSS FROM ACADIA DRIVE, • APN 136'-120-I5 WHEREAS,. Cherry ~ Lane Associates, as owner, has filed' with this Council a Tentative Map to subdivide, land within. this City to be known as Mornngside Subdivision, and has paid all required filing fees; and WHEREAS, the- City Engineer, the Director of Community ~Devel'opment, and the Planning Commission `have examined and reviewed the' same. as required by law and all reports, recommendations, and comments thereon have been forwarded to and considered 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 p p . ~ ~ Y PP g ~ h provisions for its 1. The ro osed subdivision, as conditional) :a roved, to ether vent design and inprovernent, is ~ consistent with the General • Plan and Corona/Ely Specific Plan objectives, policies, general-.land uses and programs. 2. - The:site is physically suitable for the type and densit}~ of development proposed, as conditionally approved: 3. The design of ahe subdivision and the proposed.:improvements therefore, as conditional) . a roved will. not. cause: substantial environmental damage, and no y PP substantial or.avoidable injury will occur to fish. and/or wildlife or their habitat. .. . 4. The design of the Subdivision and the type of improvements proposed will not conflict with easement,. aequired• by the public at large, for access- through or use of property within the proposed subdivision. 5. The design of the Subdivtsion and the type:. of improvements proposed will not conflict with easements, acquired by the public of .large, for access through or use of property within the proposed subdivision. ~. 1 8 21 N C S 90-243 SRes. No .............:~.............. N.C.S. ~~ 1 :6. The discharge. of waste from the proposed subdivision into the existing. community 2 sewer system. will not result in violation of the existing requirements prescribed by 3 the Regional Water Quality Control Board: `~ 5 BE IT FURTHER RESOLVED, based on the findings set forth above, that. the above 6 referred-to Tentative Map, be and the `same are hereby approved, subject to the conditions 7 set forth below and incorporated herein as follows: 8 9 Tentative Ma~~Condtions: 10 1. The subdivider shall .complywith the following requirements of the City Engineer: 11 a. The .developer. shall comply with the Petaluma Municipal Code Section 12 20.36:010 and 20.36.02Q which. require the .developer to pay storm drainage 13' ~ impact. fees "(as calculated in Chapter 17.3Q} on construction in all sections of 14 the City of Petaluma. 15 b. The Wilmington Sewer Pump Station is at capacity during wet weather 16 conditions. 17 The proposed five year capital .improvement program includes 18 provisions for' expansion of the Wilmington Fump Station to handle proposed 19 development as well as improvements to ,better serve existing development. 20 This development shall pay a pro-rata share of the costs of these 21 improvements. 22 ~ c. This developmenfi may be dependent: upon utility improvements to be 23 installed by adjacent ~ developments. Appropriate calculations shall be 24 submitted to~verify their adequacy. If off-site improvements are required, as 25 determined by the Ci y Engineer, they shall be installed concurrent. with 26 these improvements. 2T d. All street lights used within his development shall have standard metal 28 fixtures,.'dedicated to the City for ownership and maintenance. Prior to City 29 acceptance,. the developer shall verify all 'lights meet PG&E's LS2 rating 3U ~ system. 31 e. The ..unit :phasing shown on the Tentative Map. does not indicate phasing of 32 the streets and. utility improvements. Therefore, all streets and utilities 33 shown within this development shall be constructed with the first phase. It is 34 recommended this first final map dedicate all these improvements and all 35 future`lot areasbe`labeled as remainder. 36" f. Signing and striping shall conform to City Standards. 90-243 N.C.S. S 2 ' Z . N C 1 ~~.~~. 1 8 .~ - 1 ~ g. The cul=de sae areas shall be enlarged and contained within the: public right- 2.. of-way to accommodate.island parking. 3 h. The following street sections (face of .curb to face of curb) shall be widened 4 within the right-of-ways proposed by ths:development. 5 a) Stree "F' widened to 32 feet,, adjacent to ;Lots 52 through 70, with the 6` sidewalks meandering- into a 10 feet. public access easement as ~ required. g b) Street `'E",.widened to: 36 feet; adjacent xo Lots 59 and 20 through 36, g with', the. idewalks meandering into a 10 foot public access easement 10 as required. 11 ~ 12' 2. The. subdivider shall comply with requirements of 'the public utility, agencies and the 13 City Department of`Publc Works, prior to Final Map approval. 14 ~ I 15 3. Dedication of .park site, school site, and urban separator shall be completed in 16 conjunction and concurrently with the approval of the-.Unit 1, Phase 1 Final Map. 17 i 18 4. All landscaping. and, irrigation systems within the. public right-of-way, .street tree 19 planting strips acid landscape: 'islands shall be~ maintained through an Assessment 20 District, subject to approval of-the City Council concurrently with the approval of 21 the Final Map: Landscaping, and irrigation yytems wi"thin the public right-of-way 22 shall be designed. to standards. acceptable to the City of ~ :Petaluma. Cost of 23 formation of the required Assessment District shall be borne by the project 24 proponent. Street ghting operations and maintenance shall be incorporated. into 25 the Landsca a Li tin Assessment•District, subject to staff'determinati'on rior to P / ~~ g P . 26 Final Map approval. 27 , , ~ .~ 28 5. The Tentative Map shall be amended prior to submittal for Final Niap review and 29 approval. to reflect .ah applicable. modifications. required under the PUD Conditions 30 of Approval., Said map amendment shall meet specifications of the City Engineer 31 and Community Development Director and shall also incorporate any S'PARC 32 conditions of approval pertinent to the map. 33 34 6. This development. shall be-subject to all appropriate. development fees, and on and 35 off-site improvements as set forth within the adopted Development Agreement or 36 ~ any subsequent amendment thereto. . ~ 90-24,3 N,. C:.S;•. _1 2, 3 4 5: 6 7 ,8 7. i ,~ ._ i ., ~I Tentative map/PUtiD ~ approv.,al becomes effective upon City Council- approval and recordation of: a ("revised) developmentagreement between the. applicant and City that reflects conditions of tentative map and development plan approval. TMmornst/council-2. LTader the po~ver'and'autfiority;conferred' upon this Council by `the Charter, of„said City: REFERENCE: I hereby certify tlie.:foregoing :Resolution was introduced and: adopted by tine Approo~ as to meeting Council`of the City of Petaluma at a (Regular) ~) on the ... ~l5.th:.....:... day of .............::Jvay .................._......., 19..x.4:, by the ~ ~~ i following wte• ~ City Attorney AYES: Balshaw, Sober, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss _. 'NOES: ~ ~ . f ABSENT: o ~ i 'A'T'T'EST: ........ , ' ` , ' .:.................................. . City Cl I ; DEPUTY CI _: CLERKo~~~..._ ~ Res. No .~Q.~~~M3 .... V.CS. pp~~~~YY,++,..~~•• ~~~. 1 ~ 2 it N C; S ~~ ~~ L , 1. . 2 3°~ . 4 'S 6 7 8 9 10 l,l 12 13 1'4 15 16 17 18 19 20 21 22 23' 24 25 26 30 31 AUG. 1 ~ 1990 ORDINANCE NO. is o~_ N.C.S.. Introduced by Councilman Seconded by Councilman John Balshaw I Vice Mayor ,Sobel i ,. . AN ORDINANCE'AMENDING,ZONING ORDINANCE NO. 1.072,.N.C.S. BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL NUMBER 136:120-1.5 KNOWN AS:MORNINGS:IDESUBDIVISION FROM P;CD `(PLANNED COMMUNITY DISTRICT) TO'PUD (PLANNED UNIT DI-STRICT); LOCATED ~ON ~~ELY BOULEVARD-NORTH ACROSS FR011!i ACADIA, DRIVE BE IT ..ORDAINED BY THE COUNCIL .OF THE CITY OF PETALUMA AS FOLLOWS: ec i n 1:, The City Council ,finds that the Planning Commisson,filed with -the: City Council on June 5, 1.990, its report as ~ set forth in its minutes of May 22, 1990 and .Tune 5, 1990, recommending. the. adoption of an .amendment to Zoning Ordinance No. 10,72 N.C.S., by reclassifying, and _rezonng ,Assessor's Parcel Number 136-120-15 from PCD to PUD (Planned Unt`District). 32 e ti n 2. The City Council further findsthat said Planning Commission held a public 33 . hearing on said proposed amendment to Zoning Ordinance No. 1072 N:C.S.,. on May 22, 34 1990 after giving notice ~of said hearing in the manner, for the .period -and in the form 35 required by said Ordinance No. '1072'N.C:S. 36 37 e tion Pursuant to 'the provisions of .Zoning Ordinance No. 1072: N.C.S., the City 38 Council finds hat; the~~ proposed amendment is in general conformity with the :Petaluma 39 General Plan, and further, that tfie public interest,convenience and general welfare will be 40 furthered by the proposed amendment. .4.1 ~ .. 42 i n 4. Pursuant to the provisions of Zoning Ordinance. No. '1072 N.C.S'., as amended, 43 and based upon'the a ~'dence it has received. and in accordance with the findings made, the 44 City Council hereby adopts amendment to said Zoning Ordinance No. 1072 N.C.S. so as to Ord.. 18:07.N::C.,S. 1 .: _ .~ . . ~~ ~.1 8 21. N C S 1 .2: 6 7 8, 9' . ~10 11. 12" 13 14 15 16 17 18 19' 20. 21 22 23 24 25 26 2T. 28 29 30. 31 '32 ~33. 3'4 35 36 37 38 39 4.0 41' i . ~ ~ reclassify and rezone ~ said property herenbefore ,referred' :to ,in accordance with the i . recommendation of the~Planni'ng~Coinmissiori. . i ~ n The City Council finds that_ he re.quirernents of theCalifornia Environmental , Quality Act Guideli~nes,~ and Section-15083 have been satisfied :through the.preparation and certification of the Corona/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 tq the ,.proposed Morningside project. ~ . i n The City Clerk is hereby directed. to post this .Ordinance `for the period and in the manner required bye the City Charter. i 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 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. INTRODUCED and ordered Posted/Published this z„a day of Juice, 1990. ADOPTED this: 16th1 day of ' July , 1990, by the:following vote: AYES: Balsh~aw, Sobel, Davis, Woolsey, . Tenrer, ~ Vice MaYOR Cavanagh, Mayor Hilli~gos"s NOES: o ABSENT: o ABSTAIN: mornsde /council=2 .. ;. ~ Ord. 1802 N„C:.S.- , APPROVED AS TO~FORM; ~] . ~\`~,~u,,d r' ity': ttorney IZeSOII.,ItI'Ot1 , NO. 90-242 ,.~ ~.5. ' , ~f~ t ~e C'ity of Peiatu:na GaLiforr~ia :1 . ~, . 2 RESOLUTION APPROVIN,G_THE UNIT'DEVELOPNiENT PLAN FOR, ~. 3 MORNINGSIDE~ SUBDIVISIQN; A 182;-UNIT SINGLE-FAMILY 4 RESIDENTIAL DEVELOP-MENT LOCATED ON ELY. BOULEVARD 5 NORTH ACROSS `FROM ACAI3IA DRIVE, APN 136=120-15 6~~ ~ ~. WHEREAS, by Ordinance No. lsor' N.C.S., Assessor's Parcel Number 136-120-15, has been .rezoned to Planned Unit Development (PUD); and 7 j' 14 WHEREAS, by action.. taken. on June. 5, 1990, the Planning Commission considered and 11 forwarded a recommend~afon to the City Council on the unit .development plan for 183 12 single-family unitsin saidf Planned. Unit District; and. 13 14 WHEREAS, the City Council. finds that the requirements of the: California Environmental l5 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 mitigated through the . 18 adoption of specific conditions of ..approval applicable ao~ the proposed Morningside project: 19 20 NOW, THEREFORE, BE .ice RESOLVED that ~ the City. Council hereby adopts the 21 following findings.: 23 PUD Finding: . 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,athe proposed development; as conditioned, presents. a aunified and ._ . 28 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 ad"equate landscaping and/or screening is included if necessary to insure. 31 compatibility. 32 3. That: the naturall .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 develo ~ merit of the ub'ect roe in the manner ro osed b the p _. J P P ~y~ • P P Y 36 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.n keeping with the general intent I i 90 24'2 ' ~~ ~ ~ ~ t .~ €~~ ~' .p 1 8 2 ~1 N. C S Hag ~o .. 1_. , ~ s. a`~ w . .~ ~ ~ ' 1 and spirit of the .zoning regulations of~~the City of Petaluma and with the Petaluma 2 General Plan. 3 5. That. the `PUD District is .proposed on: property' which has a suitable relationship to 4 one or more thoroughfares (SonomaMountain Parkway) to carry any additional 5 traffic generated by the development.. 6 7 NOW, 'THEREFORE, BE IT FURTHER RESOLVED that the Morningside unit 8 development plan as .referred by the Planning Commission and. presented at the July 16, 9 1990 meeting .of this ,Council is: hereby approved pursuant to Section I9A-504 of Zoning 10 Ordinance No. 1072 N.C.S..as amended subject to the following conditions: PUD Conditions: 1. Plans submitted .at time of application for SPARC review shall reflect the following amend"menu: a. Widening of cul-de-sac streets in the Urban Diversified portion of the site to accommodate parking lanes or addition of head-in parking pockets. b. Widening o€ Streets E & F, and. redesign of cul-de-sac bulbs to include parking: islands: as required by Tentative :Map conditions.. c. Redesign of the :common private street serving lots 96 through 107 to prevent usage by through-traffic as a shortcut.: d. Redesign. of driveways for lots 83 and 84, 89 and 90 to better define them as two-car .spaces. e. Redesign or elimination of the common area adjacent. to lots 138, .148, 149 and 163 to better promote residential security. f. The _number of lots directly abutting the.park site shall ~be reduced to five and reconfigured to reflect two detached units and three attached units as presented 'in Exhibit ~- at the July 1~6, 1990 meeting of the Council. Unit setbacks~and design shall be subject to SPAIZC approval. g. Redesign of all subdivision fencing to 'incorporate a more cohesive and decorative .residential theme. ~ - h. Information op the proposed grading plan relative to treet and pad elevations on the neighboring Cader Farms project to ensure. appropriate interface. i. Reconfiguration of Lots 91 through 93 to avoid rear yard fencing along Rainier Circle: 90-242 N,C . S'-. ~~~4~.~g~1~.CS 2 EXHIRTT g 1 ~ 2. The proposed. project: architecture shall be, modified prior to SPARC review to 2 develop a more unique and identifiable exterior- ,appearance, created through 3 further variation ~ in materials,, setbacks,; ,and/or building form. Revised elevations 4 and site plan. shall be subject to final approval by the Planning Commission. Plans 5 shall include provisions for the required l0% architecturally different unit. 6 3. Project CC&R's shall be sub~eet to staff review .and approval prior to Final Map and shall include a reference to PUD Development Standards for governing the g following: Mazirnum lot coverage, minimum setbacks height and design criteria for 9 a• lp principal dwellings -and. accessory uses .and structures, including fences: 11 b. Identification of options and/or restrictions applicable to homeowners 12 relative to the construction of building additions, permitted detached 13 accessory structures or other improvements (i:e., decks, patios, spas, pools, 14 etc.). 15 c. Garage conversions shall. be prohibited for attached dwelling units. 16 Provisions for replacement of off-street covered parking for detached units 17 shall berequired'. lg d. Accessory dwellings shall be permitted subject to applicable regulations 19 contained in the Petaluma Zoting Ordinance.. 20 4. All aspects of the proposed development :plan are subject to review by the Site Plan 21 and Architectural Review Committee prior to application for Final Map including 22. but not limited to: architecture,, public and private landscaping, handscape surface 23~ treatments,. irrigation and fencing. Particular emphasis Shall be placed on SPARC 24 ~ review of the following: Unit architecture for the designated lA% units as well. as for compliance of 25 a• 26 all units with the intent of General Plan and Corona/Ely Specific Plan 27 provisions~for diversity. 28 b. Landscape plans-for appropriate design linkage with different sections of the 29 development;° building architecture and fencing; appropriate water, soil and 30 .space conditions. Perimeter wall, Urban Separator, -and interior~'fencing design. 31 c. 32 d. Subdivision entry treatment: 33' e. Appropriate redesign of `:areas specified under Condition 1. 34 f. Appropriate design. of perpendicular parking and aandscape treatment within 35 the Urban Separator, incorporating recommendations of the Recreation and 36 Parks Commission: 90-242 N.C.S. .~. ~: 1 .5. Street names- 'shall .be , subject to approval of -the. Petaluma Street Naming 2 Committee prior to :Final, Map. 3 ~ 6: The following:: requirements of 'ttie Chief. Building Inspector shall be met prior to 4 _ ~ issuance .of building.permits: _ 5 a. One=hour wall: without openings`cequred'at prop-erty lines: 6 b. Building: overhangs nay not eross~ property lines. 7' 7. The following, .requirements of `th'e :Fire Marshal shall be met. prior to issuance of _ 8 development.pe%mits: 9 a. .Fire hydrants shah~be located as required by the Fire .Marshal's office and as marked on-the plans forwarded to MacKay & Somps: 10 11 16 hydrants are required: 13 with. single 2'=1/2" and 4-1/2" outlets 12 3 with double 2-1/2" and 4-1/2" outlets ,, . 13 b. All. groups of attached townhouses with 8,000 or more square feet. total 14 .combined :.floor area shall be protected by- an approved automatic fire 15 extinguishing system in accordance with Section 10.308(x) of thee- Uniform 16 _ Fire Code (see:attached). 17 c: All attached townhouses with a grouping of `3°'or more units shall be equipped ig with. approved heat activ..ated fire alarm systems. 19 d. Required fire flow for project is 3,500 gallons from any two hydrants at PSI _ , 20 residual pressure.. 2~1 e. All roof :covering: material- shall have a class "B" rating or better, treated in 22 accordance with the Uniform Fire Code Standard 32.7. . 23 8. 'School buildings and parking: shall not; ~be located within. the Urban Separator (per 24 the Corona/Ely Spec -Plan). School structures may be ;placed within the Urban. 25 Separator, for a temporary period of time, while construction on .the permanent site . 26 occurs, subject to City ~ Council °authorizaton. Placement of temporary structures 27 shall not preclude development of a~contnuous pathway along the urban separator. 28 9. Proposed.treatment along the Urban Separator: shall include°the following subject to 29 review aad approval by the Recreation and Parks Co°mmission .prior to -Final Map: 3U Specific reauirement~ to be Performed by develoversZ 31 a. Transition : zone ~ (interface) with similar :treatment (parking, fencing, _ '32 ~ _landscapng, walking/bike path) as~.VViseman Linear Park. 33 b. Grading (1-.1/2 - 2%)~ to City specs. (see IV:A.) to accommodate playing _ _ . 3'4 . fields , 35 c. Utilities/newer should`be brought. across road`/parking area to U.S: property 36 line and s`tubbed;. ~ . - 90-242 N .;C.: S .. o~~.:a.2 i N e s 4 EXHIBIT 8 y d. Parking along Street F, design subject to SPARC approval. 1.0. The following Parks` and ..Recreation Coinmiss'ion requirements on the park site development, shall be followed: . a. No placement of extensive .fill on park .site,. generally flat or gently consistent grading shall.be provided. b. Turf and irrigation shall be provided within the park-cite, subject to City staff review and. approval. c. A sewer stub=out shall be provided ~to the park site, location subject to City staff review:and approval. . 11. Tentative .map/PUD approval becomes effective' upon Ciry Council approval and recordation of a (revised) development agreement between the applicant and City that,reflects conditions of'tentative map and development plan approval. 2. 3 4 PUDmorn/council 2 Undeifthe.powerand authorityr.cgnferred'upon this Council by'the Charter of eaid.:City. ..- REFERENCE: I herEby certify `:the. foregoing Resolution Dyne introduced and adopted by the Approves as to Council of'the City of Petaluma at a .(Regular) ( ~ ~et~g . on the ...:....Lb:Gh....... day of -........._.Iu~.~..:_.. _......_. ..., 19...:9Q by the ~ -~ following vote: ~ ......~ ...:................................ City Attorney AYES: Balshaw, `Sobel, I)avia,,, Woolsey-, 'Tencer;~ dice Mayor Cavanagh, Mayor Hilligoss NOES": o ABSENT: o ATTEST : ................. . , ~ ... ~ .: :... ....:.:......:.,........_ ~/ • City.Clerk ' D ERUTY CI ~ _ . CLEF ~~.~--.z.~ v.~s, Res., No. ~~ . r . . ~,~ M~EXHIBIT 4 THE'TEN^TATIVE' 1VIAP IS ON FILE IN THE OFFICE OF' PLANNING AND COMMUNITY DEVELOPMENT 0~~.1 ~ 21f N ~ S