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HomeMy WebLinkAboutOrdinance 1821 N.C.S. 08/27/19901 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 20th day of augu�J990. ADOPTED this 2 7 th day of August , 1990, by the following vote: AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: 0 mtvalley / council-4 Ord. 1821 N.C.S. 2 ECOPDEq 19.90 01022-20 RECORDS CORDS OF COUNIT, SONOMA BERNICE A. PETERSON AT'REQUESVOF 1.2 - 25 10/15/'1'9`90 .00 13: 1 FEE ; $ .00 TT = $ CITY CLERK CiTy OF- pETALUMA P: O. BOX 61 ,.Eti+LUMA, CA 949 REEMENT TO AMEND DEVELOPMENT AGREEMENT BETWEEN CITY OF PETALUMA AND DELCO BUILDERS AND DEVELOPERS AND CHERRY LANE' ASSOCIATES '(FOR MOUNTAIN VALLEY, FORMERLY CALLED MORNINGSIDE) 22 This Agreement amends the Development Agreement dated March 19 1990, between the City of Petaluma: ("City".) and Delco Builders and Developers and Cherry,' Lane Associates ("Developer"), The eement is g�u.a effective date of this agreement. us� 20, l 99d 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 0 0Tff-R 0 B. City and Developervish 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 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 and Citythat reflects conditions of tentative 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 _. he Development A QemAnr cha1,1. he available, as needed, to the City of Peta'lu' a for the construction of lower, and �'mode.rate income housing on Land dedicated to the City of Petaluma for that purpose within the'Coror a j Y.I Spe, ific_Plan Arca. • .�2 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 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 year. NOW, THEREFORE, City and Developer agree to amend the Development Agreement as follows: Additions = italics Deletions = stri#eouts 1. Amend TWO, page 1, to read: "DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETALUMAAND DELCO BUILDERS AND DEVELOPERS AND CHERRY LANE ASSOCIATES FOR THE DEVELOPMENT KNOWN AS MOUNTAIN VALLEY :ESTATES AND MOUNTAIN VALLEY DOWNS (FORMERLY KNOWN AS MORNINGSID% APN 136-120-15" 2. Amend Recital, Section F, page 2, to read:. "F. Developer wishes' to develop a large-scale,, phased development ("Project") generally described as follows: a planned residential district totaling 232182 dwellings. 3. 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) (q-yee+s) unless extended or earlier terminated as provided herein." ORD. 18 21 N CS ; r 2 4. Amend Section 12, 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 3-.1:7 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. 5. Amend Section 3.1.6(3),.Aff6rdable Housing,; page 8, to.. read: 113. The general location of the parcel .shall be as shown on themap attached to this Agreement as 'Exhibit "5". Development of the .housing described above shall give due. consideration to the Corona/Ely Specific Plan. Units- tsr-usedfor-4ffefdable-housing-s year�f-eonst�eti©i�" 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 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 49901991." 8. Amend Section 32.3(c), page 11,,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 G .152INCS E 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 satisfactory 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 Allorments. City agrees to grant Developer allotments on an annual basis ding to the following schedules: 1990 67 1991 64. 1992 =50 51 1993 -24 -0- .1994 -T5_ -0- 1995 -0- 1996 -0- 1997 -0- 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- allotmeents 'from year-to-year over'the term of this Agreement,. not to exceed the total allotments for the :entire project. lrt-axe years- ie -tie etn1,auinber-o€ Ei 'de--elletment --- requests---&-4ess than------EmfnbeF---e€=-&va4able thrangl}-e-eta-ndard==allotment--appkcat-ioe--greeds---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 the 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." 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 McDowell Boulevard North, commenced in August 1990, are suffciently 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.'' ORD. 182 IN CS 4 11... 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 of approval herein. - Conditions of approval and all' findings pertaining thereto oadOpted by the City through tentative subdivision map, ` rezoning or development: plan approvals are or will be attached' to this Agreement as.'Ezhil its 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` by..the City Council, the document ' shall be attached to. the Development. Agreement 'and thereby incorporated as' a part of it. 12. Amend Section 4.1(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 units. for that particular year plus up to 50% of the total number of units unbuilt from .the previous year(s) (Le.,two years or"more are required to capture all un"built units. from -a given year), provided that no more than.450 building; permits may. be issued in. the entire Sonoma Mountain Parkway Assessment. District in any calendar year.„ . 13. Amend Section 7.2, page 19, to. read (in part): "7.2 Mortgagee Not Obligated. Notwithstanding the provisions' of Section 9A 7.1 above, ..... 14. Amend Section-9.5, page 23; to read: 119.5 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, including the recitals and exhibits, which constitute the entire understanding and agreement of the parties. .Exhibits "1" Description of Property; Exhibit 12 Sonoma .Mountain Parkway 'D.escnption; Exhibit 1113 Participation Schedule; Exhibit "4"` Schedule of Development Fees; Exhibit'y''S" Affordable Housing Site; Exhibit '16" Resolution.appcoving Tentative Map; Exhibit 17" Ordinance rezoning property 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: 821NCS .5 16. This amendment shall be.. effectivefor, all ,purp oses upon its execution by the City and D&velopdr. CITY OF PETALUMA Attest: X� --'--City Clerk Warren Salmons mtvalley/plan12 DELCO. BUILDERS & DEVELOPERS CHERRY LANE ASSOCIATE By: 18-2 1 N C S 6 ACKNOWLEDGEMENT CC 11$1 (7) STATE OF CALIFORNIA ss COUNTY OF SONOMA On. this 10 d'ay of Bernard, City er c, A of-Petalun me to be the City Manager of the executed the within instrument on b executed the same. (( itv ManaUPr C ifv) STATE OF CALIFORNIA ).SS y OF CONTRA COSTA) 199..d before me, Patricia E. ,rsona , y 'appeare� o n h. ScSrer personally known to of Petaluma and. known ,fo �me to be the person who of "the City,, of Petaluma and acknowledged that the City atncra ernar ity er CiD.1821NCS ORD. 1 8 21 N CS COUNT - On this 1.4th__ day of September 19,90 before me heState of California, duly Teri E. Diaz, a Notary Public of t commissioned and sworn, personally aPP eared 'Doyle-D. Heaton, esident of the corporation personally known .to me to be the Pr that executed the within instrument on behalf of said known to me to be the corpo ration, said corporation being artnership that executed the General Partner of the limited p to me that such corporation within instrument, and acknowledged executed the., same as the General Partner oft-L artnershipane S a limited partnership and that partnership. executed the same. WITNESS -MY HAND AND OFFICIAL SEAL OTARY PUBLIC IN AND STATE OF CALIFORNIA-_ COUNTY OF CONTRA COST R SAID STATE S Q.�81N�S THESE EXHIBITS WERE RECORDED WITH THE ORIGINAL AGREEMENT 3 .4 5 6' I I 17 18 19 2.0 21 22 23 24 25 26 27 28 1120 30 31 32 W, 34 35 5 ,36 37 38 Resolution No. 9,0-243 N.C.S. of the City;of Petalumii, California RESOLUTION' APPROVING THE TENTATIVE SUBDIVISION MAP FOR MQRNINGSIDE, A,182-UNIT - RESIDENTIAL SUBDIVISION LOCATED ONELY BOULEVARD ACROSS FROM ACADIA DRIVE, , .'. APN-136-1-20-15- WHEREAS, Cherry -Lane Associates, as. owner, has- 'filed with this Council a Tentative Map to subdivide land within this City to be known as Morningside Subdivision, and has paid all required filing fees; and WHEREAS, the City y, Engineer, the Director of Community -'Development, and the Planning Commission 'have examined and reviewed the, same, as required by law and all reports, recommeridat . ions, 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 f6llows: Tentative Map Finding 1. The proposed subdivision, as conditionally:approved, together h wit, provisions for its design and improvement,. i's'consistent with the, General - Plan and Corona/Ely Specific Plan objectives, po licies, general land uses and programs. - 2. - Tbe.'.sit,e is physically suitable for, the type and density of development proposed, as conditionally approved-. 3. The design of the subdivision and the proposed.'improvements therefore, as conditionally. approved will not cause. substantial environmental damage, and no substantial or.avoidable injurywill occur to fish. and/or wildlife or their habitat. 4. The desigii of the Subdivision and the type of improvements proposed will not conflict with easement, acquired,by the public at large, for access through or use of property within, the proposed subdivision. 5. The design of the Subdivision and. the typeof improvements proposed will not conflict with easements, acquired by the public at large, for access through or use of property within, the proposed subdivision. Res. No.. . pl. N.C.S. 90-243 axh � :=q 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 M&Conditions: 10 1. The subdivider shall .comp lywith the following requirements of the City Engineer: 11 a. The developer shall comply with the Petaluma Municipal Code Section 12 20.36.010 and 20.36.020 which require the developer to pay storm drainage 13' impact fees "(as calculated in Chapter 17.30) 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 Pump 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 development 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 City Engineer, they shall be installed concurrent with 26 these improvements. 27, d. All street lights used within this 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 30 system. 31 e. The unit phasing shown on the Tentative Map does not indicate phasing of 32 the streets andutility 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 areas be'labeled as remainder. 36'.. f. Signing aA42 striping shall conform to City Standards. 90-243 N.C.S. Z 'N S 2 RI). 1 8 1 C 1 g. The cul=de-sae areas shall be enlarged and contained within the public right- Z of -way to accommodate .island parlung. 3 h. The following street sections (face of .curb to face of curb) shall be widened 4 within the Might -of -ways proposed by this:development. 5 a) Street "F' widened to 32 feet,, adjacent to 'Lots 52 through 70, with the 6 sidewalks meandering into a 10 feet public access easement as 7 required. 8 b) Street "E" ,widened to, 36 feet;, adjacent to Lots 59 and 20 through 36, 9 with, the. sidewalks 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`Public 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 18 4. All landscaping and, irrigation systems within the public right-of-way, street tree 19 planting -strips and 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 systems within 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:lighting operations and maintenance shall be incorporated into 25 the Landsca a Li tin Assessment -District, subject to staff determination prior to P / �� g P . 26 Final Map approval.. 27 28 5. The Tentative Map shall be amended prior to submittal for Final Map review and 29 approval to reflect.all applicable modifications required under the PUD Conditions 30 of Approval., Said map amendment shall meet. specifications of the City Engineer 31 and Community I 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. 90-2,413 N,. d_ S.'. „� 1NcS 3 : EA%- III BT P 7. 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 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 Approo� as to Council` of. the City of Petaluma at a (Regular) XMPWW) meeting on the .... jl5th:...:... day of ..... Jvay .................._........ 19.3.4., by the i following............................................ wte• City Attorney AYES: Balshaw, Sobel, Daviis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: 0 f ABSENT: o i A'I'I'EST:'.................................... City CI-1- C�CLERK�n. .......... 'IO B5 Res. No .9;_ V.C.S. pp����YY,++,..��•• l RD. 18 2 it N C; S IF I TIVE:1?ATE R .; INA , 1. . 2 3 4 'S 6 7 8 9 10 11 12 13 1'4 15 16 17 18 -19 20 21 22 23' 24 25 CAL 30 31 AUG. I;) WU ORDINANCE NO. is o_ N.C.S.. Introduced by' Councilman Seconded by Councilman John Balshaw I Vice Mayor ,Sobel AN ORDINANCE AMENDINGZONING ORDINANCE NO. 1.072,.N.C.S. BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL NUMBER 136.120-1.5 KNOWN AS:MORNINGSIDE SUBDIVISION FROM ;CD `(PLANNED COMMUNITY DISTRICT) TO VUD (PLANNED UNIT DISTRICT); LOCATED -ONILY BOULEVARD- NORTH ACROSS FROM ACADIA. DRIVE BE IT-. ORDAINED BY THE COUNCIL .OF THE CITY OF PETALUMA AS FOLLOWS: Section L. The City Council ,finds that the Planning_ Commission filed with the City Council on June 5, 1990, its report as set forth in its minutes of May 22, 1990 and June 5, 1990, recommending the adoption of an .amendment to Zoning Ordinance No. 1072 N.C.S., by reclassifying, and _rezoning . Assessor's Parcel Number 136-120-15 from PCD to PUD (Planned Un t`District). 3'2 Section 2. The City Council further'finds ,that 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 Section 3. Pursuant to''the provisions of Zoning Ordinance No. 1072: N.C.S., the City 38 Council -finds that-- the proposed amendment is in general conformity with the Petaluma 39 General Plan, and further, that the public 'interest, 'convenience and general welfare will be 40 furthered by the proposed amendment. .41 42 Section 4. Pursuant to the provisions of Zoning. Ordinance. No. 1072 N.C.S'., as amended, 43 and based upon the 'e idence 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. 1801 Y.C.,S. 1wil GFILD.1$21.NCS .2' 6 7 9. 10 11 1Z 13 14 15 16 17 18 19' 20. 21. 22 23 24 25 26 27 28 2130. 31 '.32 13. 34 35 36 37- 38 -39 40 41: reclassify and rezone " said property hereinbgfote referred, to in 'accordance with the recommendation Of thei I Plannin&Comirrussfon'.. Section 5. The City C6uncil finds that_ the requirements of the California Environmental I Quality Act Guidelines,, and Section 15083 83 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 to the proposed Morningside project. Section 6. The City Cldrk 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,,sent.erice, 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 ofthe 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 day of Juice, 1990. ADOPTED this 1.6 th day of igy 19909 by the following vote: AYES: Balshaw, Sobel, Davis, Woolsey,. Tencer, Vice MaYbR. Cavanagh, Mayor Hill1gos's NOES: 0 ABSENT: 0 ABSTAIN!- APPROVED AS TO, FORK, A City. Attorney mornside / couiteff-2 Ord. 1807 N S. vA to 8,21N C. S 2 R so, uttion NO. 9om,242 N.C.S. OSO 4 the citV, of Petal,L,m)al. California 2 RESOLUTION APPROVING THEUNIT"DEVELOPMENT PLAN FOR SUBDIVISION; A 3 MORNINGSIDE SUB N1, AA927-UNT -SINGLE-FAMILY 4 RESIDENTIAL DEVELOPMENT LOCATED ON ELY BOULEVARD 5 NORTH ACROSS FROM ACADIA'DRIVE,_ APN 136-120-15 6'' WHEREAS, by Ordinance No. 1807 " N.C.S., Assessoris, Parcel Number 136-120-15., has been rezoned to Planned Unit 'Development (PUD); and lot WHEREAS, by actiontaken on June 5, 100, the Planning, Commission considered and ., 11 forwarded a recommendation to the City Councilon the unit development plan for 183 12 single-family units in saidl Planned Unit District; and .13 14 WHEREAS, the City Council finds that the requirements of'the: California Environmental 15 Quality Act Guidelines and Section 15083 havebeen,satisfied through, the preparation and- 16 'certification of the Co-ron'-a-/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,to.ihe proposed Morningside, project:' 19 20 NOW, THEREFORE, BE IT RESOLVED that -the City Council hereby adopts the 21 following findings: 23 PUD Finding: 24 1. That the development plan I olan,as conditioned, results in n, 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`z,oruing districts. 27 2. That the plan for,athd proposed development; as. conditioned, presents a� ♦unified and 28 organized arran gement of buildingsI and service facilities which are appropriate in 29 relation to adjacent and 'nearby properties and'. associated proposed project and 30 that adequ4te.la4dsc9ping '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 treethat preservation conditions of approval, and at adequate .34 available e 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 36 applicant and conditioned by the City, will not be detrimental to the public welfare, 37 Will be in the best interes,ts of the City and will be in keeping with the general intent 90-242 ORD. 1 8 2 1 N. C S Res. o . ..... N.C.S. WT 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 (Sonoma Mountain 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 19A-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"ments: 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 of 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 84,189 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 A at the July 1.6, 1990 meeting of the Council. Unit setbacks,and design shall be subject to SPARC approval. g. Redesign of all subdivision fencing to 'incorporate a more cohesive and decorative residential theme. h. Information on the proposed grading plan relative to street and pad elevations on the neighboring Cader, Farris 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'-. C11 "k 8 1 N C S 2 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 10% architecturally different unit. 6 3. Project CC&R's shall be subject to staff review and approval prior to Final Map and 7 shall include a reference to PUD Development Standards for governing the g' following- 9 a• Maiimum lot coverage, minimum setbacks height and design criteria for 1p principal dwellings -and accessory'uses and structures, including fences. 11 b. Identification of options and/or restrictions applicable to homeowners 12 relative to ithe 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 be *required'.. 18 d. Accessory dwellings shall be permitted subject to applicable regulations 19 contained in the Petaluma Zoning 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, hardscape surface 23 treatments, irrigation and fencing. Particular emphasis shall be placed on SPARC 24 review of the following: 25 a• Unit architecture for the designated 10% units as well. as for compliance of 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. 31 c. Perimeter wall, Urban Separator, -and interior''fencing design 32 d. Subdivision entry treatment. 33' e. Appropriate redesign of `areas specified under Condition 1. 34 f. Appropriate design of perpendicular parking and :landscape treatment within 35 the Urban Separator, incorporating recommendations of the Recreation and 36 Parks Commission. 90-242 N.C.S. . 8 21 N C, S 3 EXHIBIT 1 5. Street names- 'shah .be , subject to approval of -the Petaluma Street Naming 2 Committee prior to :Final, Map. 3 - 6. The following requirements of 'the Chief. Building Inspedot, shall be met prior to 4 issuance of building permits: 5 a. One -hour wall without openings required'at property lines: 6 b. Building overhangs may not cross property lines. 7 7. The following, requirements of 'the Fire Marshal shall be met, prior to issuance of 8 development.permits 9 a. Fire hydrants shall be located as required by the Fire Marshal's office and as 10 marked on -the plans forwarded to MacKay & Somps: 11 16 hydrants are required: 13 with single 2'=1/T 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(a) of the Uniform 16 Fire Code (see,attach"ed). 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 3500 gallons frota any two hydrants at PSI 20 residual pressure. 21 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. theUrban Separator (per 24 the Corona/Ely Specific:. -Plan). School structures may be.;placed within the Urban 25 Separator, for a temporaryperiod of time, while construction on the permanent site 26 occurs, subject to City y Council .,authorization. ' 'Placement of temporary structures 27 shall not preclude development of atontinuous pathway along the urban separator. 28 9. Proposed, treatment along the Urban Separator: shall include°the following subject to 29 review and approval by the Recreation and Parks Co°n mission prior to Final Map: 30ecfic reauirementt (to be Performed by developers): 31 a. Transition zone (interface) with similar : treatment . (parking, fencing, 132 _landscaping, walking/bike path) as .Wiseman Linear Park. - 33 b. Grading (1-1/2 - 2%)' to City specs. (see W.A.) to accommodate playing 34. fields , 35 c. Utilities/.sewer should`be brought across road`/parking area to U.S: property 36 line and stubbed;. 90-242 N.,C..9.,. 1ORb.:a.2 i N e s 4 EXHIBIT 8 2, 3.. 4 d. Parking - Qal'-ng Street F design subject to SPARC approval. 10. The following . Parks and Recreation Commission requirements on the park site 9 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 parA,site, subject to City 'Staff review and approval. C. A sewer stubout shall be provided -to the park site, location subject to City staff review approval. 11. Tentativ& map/PUD approval becomes effective, upon -City Council approval and recordation ' of a (revised) development agreementanbetween the applicant and City that,reflects conditions :of tentative map and, development plan approval. PUDmorn/council-2 Under,the power and authority, conferred'upm this Council by' the Charter of said,.City. REFERENCE: I hereby certify lhei foregoing Resolution wad introduced and adopted by the Approves ed as to fo Council of, the City of Petaluma At a (Regular) (AdiMKiO)06PHdA0=ftting on the ... . .. I&Ii ------ day . . . . .... . ............... 19_2.0 by the .. ... ............... Wowing vote: ;... City .. Attorney ......... AYES: Balshaw, Woolse-y,, Tence r i", Vice Mayor Cavanagh, Mayor Hilligoss NOES-- 0 ABSENT: 0 ATTEST: ......... ............................ • City'Clerk DIEPUTY CI, 7 CLOW--und- CA Rles.,No. ........ N.C.S. 'S C I Mayor 'EXHIBTT THE TENTATIVE MAP IS ON FILE IN THE OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT 0RD.1 '8 21f N CS