HomeMy WebLinkAboutOrdinance 1820 N.C.S. 08/27/19901
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EFFECTIVE DATE
F ORDINANCE
SEP 2 6 1990
ORDINANCE NO. 1820 N.C.S.
Introduced by Councilman Seconded by Councilman
Michael Davis Lynn Woolsey
AN ORDINANCE OF THE CITY OF PETALUMA APPROVING
AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PETALUMA AND B-T LAND DEVELOPMENT, INC.,
FOR THE DEVELOPMENT KNOWN AS KINGSMILL (FORMERLY
WATERFORD OAK), APN'S 136-120-09, 10, AND 11
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 B-T Land Development, Inc.,
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.
Ord. 1820 N.C.S.
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INTRODUCED and ordered Posted/Published this 20thday of A"Ja 'J990.
ADOPTED this 27 th day of August , 1990, by the following vote:
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh,
Mayor Hilligoss
NOES: o
kingsmil / council-4
Ord. 1820 N.C.S.
2
CffY CLERK
c. °CTALUMA
F ,. aOX 61
A MA0 CA 94953
AGREEMENT TO AMEND DEVELOPMENT AGREEMENT
BETWEEN CITY OF PETALUMA
AND B-T LAND DEVELOPMENT, INC.
(FOIL KINGSMILL, FORMERLY WATERFORD OAK)
This Agreement amends the Development Agreement dated March 19, 1990, between the
City of Petaluma ("City") and B-T Land Development, Inc., ("Developer"). The effective
date of this agreement is/2C �? /.z 4:
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"). Sft 0,je. Q
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 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 City that 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 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
purpose within the Corona/Ely Specific Plan Area.
ORD-182ONCS EXHIBITI
1
G. Developer has asked City to . extend the term of theDevelopment Agreement for a
term of one. year, .and 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
projectampacts for the additional year.
NOW, THEREFORE, City and Developer agree to amend- the Development Agreement
as follows:
Additions = italics
Deletions = strikeouts
1. Amend Iltle, page d, to read:
"DEVELOPMENT AGREEMENT BY AND BETWEEN
CITY OF PETAL UMA AND B-T LAND DEVELOPMENT, INC., FOR
THE DEVELOPMENT KNOWN AS KINGSMILL (FORMERLY
WATERFORD OAK), APN 136-120-099 10, AND 11"
2. Amend Recital, Section B, page 1, to read:
"B. Developer owns in fee 33A 464 acres of real property described in Exhibits
1A and IB attached to 'this agreement (the "'Property")-" .
3. Amend Recital, Section'F. page 2, to read:
"F. Developer wishes to develop a large-scale, phased development ("Project")
generally ,described as follows: al planned residential district totaling -
(pending Tentative Map approval) 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) (4-years) unless extended or earlier terminated as
provided herein."
ORD-182ONCSEXHIBIT 1
5. Amend Section 22, page 5, to read:
2.2 Rules. Regillations 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
prohibitor 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 oUtime.
6. Amend Section 3.1.6(3), Affordable Dousing, page 8, to read:
"3. The general location of the parcel shall be as shown on the map attached to
this Agreement as Exhibit "S". Development of the housing described. above
shall give due consideration to the Corona%Ely Spec Plan. Units
a4etments-Fxii fli_4o-tli&R- sidifiti
yea -of EOmtFwtiol-
7. Amend Section 3.1.6(2), Affordable Housing, page 8, to read:
112. Developer shall work with the City of Petalumato identify a nonprofit
corporation to construct on the parcel no' less . than .twenty-.ei& 42S) thirty
(30) unit townhouse development- for sale ,as affordable housing. Developer
shall have. the option to deliver .complete units (turnkey) to the City or to a.
non-profit corporation the City selects."
8.' 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.
9. Amend Section 3.2.3(a), page 10, to,read:
3.2.3 Water Pressure Zone IV.
"(a) City agrees to develop Water `Pressure Zone 4 to serve those
properties in the Corona/Ely Specific Plan Area east of Sonoma
ountain 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 4990 1991."
EXH41FBIT 1
IF)R1
10. Amend Section 3.2.3(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 eriod 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 satactory to the City. Properties not
dependent on Water Pressure Zone 4 shall not be subject to this
paragraph. It
11. Amend Section 3.2.5, page 11, to read:
"3.2.5 Allotments. City agrees to grant Developer allotments on an annual basis
according to the following schedules:
1990
45
1991
-44 49
1992
:-i 21
1993
-0-
1994
-0-
1995
4
1996
4
1.997
-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 allotments
from year-to-year over the term of this Agreement, not to exceed the total
allotments for the entire project. In- ax rear. 4x ieh-th&4etal-Fmmbef A
diseretiena�-ai�o�ments;-�evelepe�-��Y.-�PIY -€off--addi�ic�aa�-arts
tb gl}-� a-�tanda�d--allotment--a} pkeat�o�r- �eedx-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 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 3.25, such unit;
and the allocations for them, shall be separate from the allocations set forth in
this paragraph."
12. Add Section 3.2.7, (City Obligations), page 12, to read:
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,
z
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:
"3.4 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 pertaining thereto adopted by
the City through tentative subdivision map, rezoning or development plan
approvals are or will be attached to this Agreement as Exhibits 6, 7, 8, and 9,
which are further defined in paragraph- 9.5 and are hereby .incorporated as pan
of this agreement. 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 apart of it. "
14. 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 0 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 unbuilt 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. "
15. Amend Section 7.2, page 19, to read (in part):
"7.2 Mortgagee Not Obligated.e
Notwithstanding the provisions of Section 94 7.1 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,
including the recitals and exhibits, which constitute the entire understanding
and agreement of the parties.
Exhibits "M and 1B" Description o roperty; ATr)%tt6
Exhibit "2" Sonoma Mountain Parkway Description; To
Exhibit "3" Participation Schedule; OR16 /AJ,4k
Exhibit "4" Schedule Lof Development Fees; ft&Aft
Exhibit "5" Affordable Housing_Site. p
Exhibit 16" Resolution approving Tentative Map Qo - 3W Kes
Exhibit 7' Ordinance rezoning property to PUD; 184,9 Kcs
Exhibit "8" Resolution approving PUD development plan; 9o-3� hts
0-4 Exhibit "9" A Tentative Subdivision Map.
00 rILG- IN OFF IC&-
of::-commuvir D61)CLQP EIUI
Rwiv, )I1-N6u 5T SF-7`
17. In all other respects, the Development Agreement shall be unchanged and shall
remain in full force and effect.
18. This amendment shall be effective for all .purposes upon its execution by the City
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 Petaluma Church of Christ. By its signature below, Petaluma Church of
Christ hereby -agrees to be bound by the terms and conditions in the Development
Agreement and this Amendment.
CITY OF PETALUMA
A Municipal Corporatio
,Poo
BTLand/plan12
PETALUMA CHURCH OF CHRIST
By: Gcz„
.
Billy- ea e, Presidbfit
By
Truman W. Whoftor, Tre rer
B-T LAND DEVELOPMENT, INC.
Un
E
YWIBIT .wow
ORD. 820NCS 6
ACKNOWLEDGEMENT
CC 1181 (7)
STATE OF CALIFORNIA
ss
COUNTY OF SONOMA
Taaa
On thisJrdayy
d�, personally. known to
Manager of the City of
199before Me, Patricia E.
Bernard, city clerk, CRof Vf0etoal. person are
me to be the City r�!� I
r known to me to be the erson who
executed the within instrument on behalf of the 5Q'q�f Petaluma and ackn d
executed the same. ��ge that the City
(City Manager, City)
iENERAL ACKNOWLEDGMENT
State of C A
SS.
County of 'SC L-�C Yl.% A
0,:FICIAL SEAL
PAW- RAMATI Ry Pjj7L:f7 CALIFOP-Nl
PLOT A
i.Z 994
Patricia E. bernard,,City Cler�
ORD-1 820N CS
On this the Lk - day of Q C- t — 1950 , before me,
the undersigned Notary Public, personally appeared
0)e zycCoa t-III, 7-R
personally known to me
[I proved tome on the basis of satisfactoryevidence
to be the person(s) who'se names) subscribed to the
within instrument, and acknowledged that X-- L-% 0,:j executed it.
WITNESS mtAenrt-jrApfficial seal. I
Notary's Signature
NO. 201
122 NATIONAL NOTARY ASSOCIATION a 23012 Venture Blvd. 0 P.C. Box 4625 e Woodland Mills CA 91365-4625
CC 1181 (7)
STATE OF CALIFORNIA
ss
COUNTY OF SONOMA
On this f�day of
Bernard, City Clerk, City of.Petalu
personally known to me to be the
of the Corporation that executed i
its Board 'of Directors.
(Corporation)
,JV,'RD. L8:2 0 N G-S
K"p"TBT
EXHIBITS 1 THROUGH, 5 WERE RECORDED UNDER SONOMA COUNTY OFFICIAL
RECORDS 9.0-31550
Resolution N.O. 90-366 N.C.S.
of the off Of Petaluma., canfgrnia
1 ,
2
3
4
5 RESOLUT'ION-APPROVING THE"TENTATIVE SUBDIVISION MAP
6 FOR KINGSMILL CREATING 18 ,SINGLE-FAMILY'RESIDENTIAL
7 LOTS; A 3-9.ACRE CHURCH.SITE;,AND A 1.7 ACRE SITE
8 TO REMAIN IN. AGRIBUSINESS, LOCATED ON SONOMA
9 MOUNTAIN PARKWAY, SOUTH OF RAINIER,
10 AP NO.'S--136-120-09, 10, AND 11
11
12 WHEREAS, . Benjamin-Tuxhorn, as owner, has filed with this Council a Tentative Map to
13 subdivide land within this City to' be known as Kingsmill Subdivision, and has paid all
14 required filing fees; and
15
16 WHEREAS, the City Engineer, the Director of, Community Development, and the
17 Planning Commission have examined and reviewed the same as required bylaw and all
18 reports, recommendations, ;and' comments thereon :have been forwarded to and considered
19 by this, Council at, its meeting, held on October 15, 1990 and
20
21 NOW, THEREFORE; BE IT RESOLVED that this Council hereby finds for the Tentative
22 Map as follows:
24 Tentative Map Eindim:
25 1. The proposed subdivision;` as', conditionally approved, together with provisions for its
26 design and improvement; is' consistent with the General Plan and Corona/Ely
27 Specific Plan objectives; policies, general land uses and programs.
2. The site is physically ,suitable for the type and density of development proposed, as
conditionally .approved.
32 3. - Thee design ; of , the .. - subdivision and the proposed improvements therefore, as
.33 conditio Wally approved, will not cause substantial environmental damage, and no
34 substantial` or avoidable injury will occur to fish and/or wildlife or their habitat.
35
36 4. The design of the .Subdivision and the type of improvements .proposed will not
37 conflict°with easeanent, acquired by the public at large, for access through or use of
38 property within the, proposed subdivision.
39
RD.1820NCS
Reso. 9.0-366 N.C.S.
Res. Na .............. ........... N.C.S.
1 5. The design of the' Subdivision, and the type of; improvements proposed will -not
2 conflict with easements, acquired by the public at large; for access through or use of
3 property within the proposed subdivision.
4
5 6. The, discharge of waste from ahe proposed subdivision into the existing community
6 sewer system will not -result in violation of the existing requirements prescribed by
7 the Regional Water:Quality Control Board.
8
9 BE IT FURTHER RESOLVED that this Council hereby adopts the following conditions:
Full
11 Tentative Map Conditions:.
12, 1. The subdivider shall comply.`with the following requirements of the City Engineer:
13
14 a. The City does not allow 100 year flood relief swales to be located on private
15 property or between property lines. Therefore, the proposed relief swale,
16 and the end of Street J and through two proposed lots on parcel A
17 (affordable.housing site) shall be redesigned with the relief flow directed and
18 contained within the public street or within an adequate overflow channel
19 and dedicated to the City for maintenance.
21 b. Bishop Lane and. Street A shall have a minimum .public right-of-way of 48
22 feet with face, of curb to face of curb width of 32 feet. A typical street section
23 would consist of two 9 foot travel lanes, and .two 7 foot parking lanes.
24 Sidewalk shall be installed on both sides of, the street, If this installation
25 meanders outside the public right -of --way, then it -shall be contained within a
26 public access easement. Cul-de=sacs! - and Kingsmill Circle shall have a
27 minimum public right-of-way width of .48 feet with a minimum face of curb-
28 tc4urb width of 28 feet. A typical street section would consist of two, 10 foot
29 travel lanes and one, 8 foot parking lane (sidewalk on one side).
30
31 c. Kingsmill Drive through the entire subdivision up to the- Dings Court
32 transition shall be 56 foot right -of :way with face of curb. to face of curb of 36
33 feet:' Atypical street section would consist of two, 10 feet travel lanes and
34 two, 8 foot parking lanes, with sidewalk 'installed on both sides of the street
35 within the right-of-way.
36
ORM 18 2'ON GS Reso. 90-366 N.C.S.
1 d. The `City shall ,not maintain the seasonal' swale through Lots 54 and 55;
2 therefore,, an appropriate maintenance mechanismshall be required.
3
4 e. Provisions allowing the swale-flow. to pass under the public right-of-way shall
5 be required and designed to'the satisfaction of the Director of Engineering.
6
7
f.
If positive lot drainage cannot be obtained then all backyard drainage control
8
shall be within an underground pipe system with surface catchment swales
9
and inlets.
10
11
g.
This development may be dependent upon utility improvements to be
12
installed. adjacent to developments. Appropriate calculations shall be
13
submitted to verify their adequacy. If off -site improvements are required as
14
determined by the Director of Engineering, they shall be installed concurrent
15
with these improvements.
16
17
h.
Lots 35 and 71 shall incorporate the land area within the subdivision
18
boundary designated on the tentative map as future lot line adjustment.
19
After the final map has been approved, then this property line may be
20
adjusted.
21
22
i.
The Wilmington Sewer Pump Station is at capacity during wet weather
23
conditions. .The proposed, five year capital improvement program includes
24
provisions for expansion of the. Wilmington Pump Station to handle proposed
25
development as well as improvements to better serve existing development.
26
This development shall pay. a pro-rata share of the costs of these
27
improvements.
28
29
j.
Ally utilities located on private property and dedicated'. to the City for
30
maintenance shall be contained within a 10 foot exclusive easement, with
31
sanitary sewer and watermains contained within ' a 10 foot exclusive paved
32 easement.
33
34 k. The° streets, utilities within the streets, and storm drainage improvements, are
35 proposed to be installed in three phases. It is recommended the first final
36 map dedicate all those improvements to be constructed within the first phase
OD'- � 8 2 ON C S Reso. 90-366 N.C.S.
3
�
"
and the remainder of those improvements to be dedicated to the City with
each subsequent phase of final map.
1. All street lights within this development shall have standard metal fixtures
dedicated to the City for ownership and maintenance. Special lighting
fixtures may be provided, subject to maintenance costs being the
responsibility of the Landscape Assessment District. Prior to City
acceptance, the developer shall verify all lights meet PG&E's LS2 rating
system.
M. Signing and striping shall conform to City standards, or as approved by City
staff.
n. A one -foot, non -access easement shall be required along Sonoma Mountain
Parkway (formerly Ely Boulevard).
f
o. The developer shall comply with the Petaluma Municipal Code Section
20.36.010 and 20.36.020 which. require the developer to pay storm drainage
impact fees (as calculated in. Chapter 17.30) on construction in all sections of
the City of Petaluma.
2. Tentative Map shall be revised to reflect the following, subject to SPARC review
and approval:
a. Private access drives serving Lots 63/64 and 106/10.7 shall be incorporated
into respective lots.
b. Private access drive serving Lots 41 through 48 shall be incorporated into
respective. lots as shared flag strips.
C. Sidewalk shall be extended across the frontage of Lot 115.
d. Queens Court shall be modified to incorporate a more curvilinear alignment.
ORD. 18 2 O N C S Reso. 90-366 N.C.S.
1
3.
Tentative -Map. shall. be revised .to °i'nsure that the, Urban. Separator area contains a
2
minimum area, as determined "by the calculation of a 300 foot width to .a point 300
3
feet south of the City Limit line, subject to staff.;review and approval.
4
5
4.
As proposed, developer shall relocate scenic windmill so that it is contained on the
6
church site. subject, to staff review and approval. This shall occur -prior to
7
commencement of. public improvements.
8
9
.5.
Building pad elevations shall be revised to more closely conform to natural grade,
10
subject to staff approval prior to SPARC review.
.11
12
6.
Any changes required pursuant to .Council :consideration of Urban Separator
13
location shall be made to map, prior to Final Map submittal.
14
15
7.
On- and- off -site storm drain improvements shall be installed by the developer or
16
through the assessment district as applicable, in conformance with the Specific Plap,
17
18
8.
Sonoma Mountain Parkway streetscape improvements (landscape, soundwall and
19
entry treatment), ,for the .entire frontage of the project site (including, moderate
20
income project portion); shall be completed. by the, developer concurrently with the.
21
subdivision's public improvements. , Design 'hall> be consistent with the adopted
22
Sonoma Mountain Parkway Design Plan, timing shall be subject to City staffs
23
determination.
24
25
9.
The Tentative Map shall be amended prior to submittal for Final Map review and
26
approval to reflect all applicable modifications required under the PUD. Conditions
27
of Approval. Said. map ,amendment shall meet specifications of the City Engineer _
28
and Community Development Director and shall also incorporate any SPARC,
29
conditions of,approval pertinent to thenap.
30
31
10.
This development shall;be subject to ±all appropriate„ development fees,; and on and
32
off -site, improvements as set forth within the adopted Development 'Agreement or
33
anyysubsequent amendment thereto.
34
35 11. . Any 'labeling errors or other erroneous information appearing on the map,
36 development or landscape plans shall be corrected prior, to Final Map, approval.
ORD.1820NGS
Reso: 90-366 N.C.S.
V, XH -IIBIT6
S
l
2
12.
Street names shall, be subject to the approval of the Petaluma Street Naming
. 3
Committee prior to Final Map.
4.
5
13.
The subdivider shall comply with requirements of the public utility agencies and the
6
City Department of Public Works, prior to Final Map approval.
7
8
14.
All hazardous materials (as recognized by the City Fire Marshal) utilized on the
9
construction site shall be kept within a fenced, locked enclosure, subject to review
10
and approval of City staff.
11
12
15.
Temporary protective fencing shall be erected at the drip line of all 'trees to be
13
preserved/protected and of all trees (on neighboring property) in proximity to
. 14
construction activities. The fencing shall be erected prior to any
15
grading/construction activity and subject to staff inspection prior to grading permit
16
issuance. ,
17
18
16.
All requirements of the Fire Marshal shall be complied with, including:
19
20
a. Fire hydrants shall be located as required. by Fire Marshal.
21
22
b. Fire flow shall. be. as required by Fire 'Marshal. Flow cannot be calculated
. 23
without building and site plans..
35
C. All roof covering and exterior wall covering materials shall have a minimum
Class T" fire rating.
17. The project sponsor shall execute a binding agreement which shall stipulate that
upon close of escrow of each residential dwelling,unit'in Kingsmill, developer shall
pay $150.00 to the City per daily tripe end estimated to be generated -by said unit.
Each�unit -is estimated to generate 10.0 trip ends per day. If the City: establishes a
Major .Facilities Traffic Mitigation Fee prior to close of escrow. 'of .any unit(s); the
fee for said unit(s) and all subsequent units in this project thereafter be the Major
Facilities. Traffic Mitigation Fee.
ORD. 1820NCS
Ap
05 ` "AVI r
Reso. 96-366 N.C.S.
I
1 18. The applicant/developer shall .defend, indemnify, and hold harmless the City or any
2 of its boards; commissions, agents, .officers, and employees from any claim, action,
3 or proceeding against the City, its boards, commissions, agents, officers, or
4 employees to attack, set aside, void, or annul, the approval of the tentative/parcel
5 map when such claim or action 'is brought within the time period provided for in
6 Section 66499:37. The City shall promptly notify the applicant/developer of any
7 such claim, action, or proceeding. The City shall' -'co fully in the defense.
8 Nothing contained in this condition shall prohibit the' City from participating in a
9 defense of any claim, action, or proceeding 'if the City bears its own attorney's fees
10 and costs, and the -City defends the action in good faith.
11
12 kngsmill/council-4
t
Under the power, and authority oonferred',upon'this Council, by�ihe'.Charter of said' -City.
w i l R i e 'f i I hereby �cetify Vie esouton as introduced and adopted by', ` '
REFERENCE: to.
Council of the City of Petala',at+a '('Regular) ( k
- - - um - meeting
on the._..._.5.th::........:. day. of 19... A ,by the
following vote; .. ...... -.......................
city Att ey
.AYES: Balshaw., Sobel, :Davi`s�, Woolsey, Tencer, `Vice. Mayor Cavanagh, Mayor Hilligoss
NOES: 0
i�
ABSENT:
UAATTEST: ...:.....»:..: �. _.
0 Mayor
Asa Qonsc+l F91eL.
pA
--- Res Na ..1.0.E 66.::,.
CA 10.85, ¢ `.C:S.
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DEC 5 1990
ORDINANCE NO. 1828 N.C.S.
Introduced by Councilman
Lynn Woolsey
Seconded by Councilman
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL
NUMBERS 136-120-09" 10, AND 11KNOWN AS KINGSMILL
SUBDIVISION FROM PCD (PLANNED COMMUNITY DISTRICT) TO PUD
(PLANNED UNIT DISTRICT),. LOCATED ON SONOMA MOUNTAIN
PARKWAY, SOUTH OF RAINIER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
26 Section 1. The City Council finds that the Planning Commission filed with the City Council
27 on October 15, 1990,-its report as set forth in its minutes of August 14, 1990 and September
28 25, 1990,, recommending the adoption of an amendment to Zoning Ordinance No. 1072
29 N.C.S., by reclassifying and rezoning Assessor's Parcel Numbers 136-120-09, 10 and 11 from
30 PCD to�PUD (Planned Unit District).
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32 Section 2. The City Council further Inds that said Planning Commission held a public
33 hearing on said proposed amendment to Zoning Ordinance No. 1072 N.C.S., on August 14,
34 1990 and September 25, 1990, after giving notice of said hearing in the manner, for the
35 period and in the form required by said Ordinance No. 1072 N.C.S.
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37 Section 3. Pursuant tothe 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.
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42 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended,
43 and based upon the evidence 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
DRD.182ONC.S
VY 8
1 reclassify and rezone said property hereinbefore. referred to in accordance with the
2 recommendation of the Planning Commission.
3
4 Section 5. The City Council finds that the requirements of the California Environmental
5 Quality Act Guidelines, -and Section 15083 have been satisfied through the preparation and
6 certification of the Corona/Ely Specific Plan Environmental Impact Report in which the
7 anticipated specific impacts have been adequately identified and mitigated through the
8 adoption of specific conditions of approval applicable to the proposed Kingsmill project.
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10 Section 6. The City Clerk,'is hereby directed to post this Ordinance for the period and in
11 the manner required by the City Charter.
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13 Eton 7.- If any section, subsection, sentence, clause or phrase or word of this ordinance is
14 for any -reason held to be unconstitutional 'by a court of competent jurisdiction, such
15 decision shall not affect the validity of the remaining portions of this ordinance. The City
16 Council of the City of Petaluma hereby declares that it would have passed and adopted this
17 ordinance and. each and all` provisions thereof irrespective of the fact that any one or more
18 of said provisions be declared unconstitutional.
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INTRODUCED and ordered Posted/Published this 15 th day of October ,
1990.
ADOPTED this 5th day of November ,1990, by the following vote:
AYES: Balshaw, Sobel, Davis, Woolsey,, Tencer, Vice Mayor Cavanagh,
Mayor Hilligoss
NOES: o
ABSENT: o
ABSTAIN:
ord.kings/council-4
,APPROVED AS T9 FORI�i:
/,
ty tt rney
Ord. 1828 N.C.-S.
ORD. i82UNCS
�XHIBI'�
2
Resolution No. 90-365 N.C.S.
of the Cit`' of P('M Unla. California
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3 RESOLUTION APPROVING THE UNIT'DEVELOPMENT PLAN
4 FOR KINGSMILL SUBDIVISION, A 113-UNIT
5 SINGLE-FAMILY RESIDENTIAL DEVELOPMENT LOCATED ON
6 SONOMA MOUNTAIN PARKWAY, SOUTH OF RAINIER,
7 AP NO: S 136-120-09, 10 AND 11
10 WHEREAS, by Ordinance No. 1828 N.C.S., Assessor's Parcel Number 136-120-09,
11 10, and 11, has been rezoned to Planned Unit Development (PUD); and
12
13 WHEREAS, by action, taken on September 25, 1990; the Planning Commission considered
14 and forwarded a recommendation'to.the City Council on the unit development plan for 113
15 single-family units in said Planned. Unit District; and
16
17 WHEREAS, the City Council finds that the requirements of the California Environmental
18 Quality Act Guidelines and Section 15083 have been satisfied through the preparation and
19 certification of the .Corona/Ely Specific Plan Environmental Impact Report in which the
20 anticipated specific impacts have 'been adequately identified and mitigated through the
21 adoption of specific conditions of approval applicable to the proposed Kingsmill project.
22
23 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the
24 following findings:
25
26 PUD Findings:
27 1. That the development plan as conditioned, results in a more desirable use of the
28 land, and a better physical environment than would be possible under any single
29 zoning district or combination of zoning districts.
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31 2. That the plan for the proposed development, as conditioned, presents a unified and
32 organizedarrangement of buildings and service facilities which are appropriate in
33 relation to adjacent and nearby properties and associated proposed ,projects and
34 that adequate :landscaping and/or screening is included if necessaryto insure
35 compatibility.
36
37 3. That the natural and scenic qualities of the site will be protected through the
38 implementation of tree preservation conditions 'of approval, and that adequate
39 available public and private spaces are designated on the Unit Development Plan.
ORD. 182ONC'S
90-365EXHIBt
I Res ?la ...............1............. N.C.S.
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4. That the, development of the subject property, in the manner proposed by. the
applicant and conditioned by the City, will not be detrimental) to the public welfare,
will be in the best interests of the City and will be',in keeping with the general intent
and spirit of the zoning regulations of the City of ,Petaluma and with the Petaluma
General Plan.
5. That the PUD District 'is proposed on property which has a- suitable relationship to
one or more thoroughfares (Sonoma Mountain Parkway) to carry any additional
traffic generated by the development.
BE IT FURTHER RESOLVED THAT the City Council hereby adopts the following
conditions:
P.U.D. Conditions:
1. All aspects of the proposed development plan are subject to review by the Site Plan
and ArchitecturalReview Committee prior to application for Final Map including
but not limited to: architecture, public and private landscaping, hardscape surface
treatments, irrigation and fencing. Particular emphasis shall be placed on SPARC
review of the following:
a. Development, plan shall be revised to provide a substantial variety of front
setbacks; emphasis. of design to provide garage location to -the rear of the
house; a more diverse streetscape along the south side of Kingsmill Drive
(area of Lots 44,45,87 and 78).
b. 'Evaluation of streetscape landscaping ;in terms. of conformance with the
Specific Plan (view corridors, unification/clarification of neighborhood
layout, etc,). Landscape plan to provide .appropriate street tree species
(large and rural in nature), increasing planting frequency to a minimum
spacing . of 2(Y - 39, toward developing a linear tree -lined appearance,
augmented by accent tree clusters: Street landscape plan shall specify
irrigation, street signage, street lighting and. mailbox details.
C. Building envelopes for custom lots. 3, 4 and 24: shall be in accordance with
arborists recommendations:' 'Horticultural Associates report dated August
23rd. Arborist to supervise construction.
ORD. 1 &2 0 N C S
1r Reso. 90-365 N.C.S. Arl J..DJLT,*'hq
2
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d..
Swale atea south of Knight Court shall be developed as a dry swale to
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include delineation of. swale, preservation of existing .vegetation, swale
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enhancement (rock treatment, introduction of appropriate new landscaping,
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etc.). Building envelopes for lots 54 and. 55 shall be located outside of Swale.
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Some poplars may be removed, subject to staff review and approval prior to
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removal.
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e.
As proposed, fence and wall design shall emphasize a rural estate character.
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A solid fence option shall be offered for locations where privacy is desired.
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Fence design and' location shall be in response to creek location, topography,
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and mature vegetation as applicable. Special attention (i.e., landscape
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treatment) shall be given to sideyard fences visible from streets. Fence
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design shall be enhanced through use of decorative post and cap at corners
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or other means:
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f.
Street luminaries, roof design, and house color (within 300 feet of the
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Separator), shall comply with the Specific Plan.
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g.
Enforcement of Corona/Ely Specific Plan minimum structure height and
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setback standards for properties abutting Sonoma Mountain Parkway; and
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variety of setbacks, building heights,, and building massing.
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h.
Potential utilization of additional shared driveways.
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i.
A sense of neighborhood entry and identification shall be provided at cul-de-
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sacs.
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All conditions required per approval of the Tentative Map.
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k.
Unit architecture and individual site design for compliance with the. intent
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and requirements of the :General Plan and Corona/Ely Specific Plan.
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Subdivision entry -treatment in terms of adequacy as a. Gateway. This shall
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include parcels. D and E adjoining the church site.
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M.
Strict limits on treeremoval, grading, and view preservation for the custom
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lots.. Guidelines for building design,exterior materials, architectural quality,
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etc., shall also be required for the custom lots.
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32 2. Proposed treatment along the Urban Separator shall include the following subject to
33 review and approval by the Recreation and. Parks Commission prior to Final Map:
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36 ORD. 1 820NCS
Reso. 90-365 N.C.S.
3
1 Specific requirements (to. be performed by developers):
2 a. Transition zone (interface) with treatment equivalent or superior (parking,
3 fencing, landscaping,. walking/bike-paths) to Wiseman Linear Park.
4 b. Utilities/sewer. shall be brought across road/parking . area to U.S. property
5 line and stubbed.
6 C. Parking along Kingsmill Drive' (adjacent to Separator), design. subject to
7 SPARC approval.
8 d. Mounding and special screening shall be provided at the south boundary
9 interface with the agribusiness (of the Urban Separator).
10 e. Location of utility stubs shall be determined by the Parks and Recreation
11 Director at a later date.
12 - f. Urban Separator adjacent to this project shall be designed to accommodate a
13 playing field, subject to approval by the Parks and Recreation Director.
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15 3. All, landscaping and irrigation systems within the public right-of-way, street tree
16 planting strips and landscape median/islands shall be maintained by an Assessment
17 District through contract, services, subject to approval of the. City Council
18 concurrently with the approval of the Final Map. ,Landscaping and irrigation
19 systems within the areas shall be designed' to standards acceptable to the City of
20 Petaluma. Cost of formation of the required Assessment District shall be borne by
21 the project proponent, and shall be assessed at time of Final Map submittal.
.23 4. The following concerns of the Police Department shall be addressed prior to
24 issuance of building permits:
25
26 a. Lighted house numbers shall be provided for each residential unit.
_ 27 b. Dead bolt locks shall be provided.
28 c.. Windows, and sliding glass doors shall be provided with self locking tamper
29 proof devices..
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31 5. -Timing of the development and sales of the. residential units is subject to .City staff
32 decision relative to. Zone 4 Water System and Sonoma Mountain Parkway
33 completion.
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35 6. PUD Development Standards shall be developed, subject to staff review and
36 approval prior to Final Map, to include provisions for governing'the following:
ORD. 1820NCS
Reso. 90-365 N.C.S.
4
1
e
2 a. Cross -over access and maintenance easement on shared driveway lots.
3 b. Maximum lot coverage for principal. dwellings and accessory uses and
4 structures, definition of specific minimum setbacks, per unit. type if
5 appropriate..
6 C. Identification of options and/or restrictions applicable to homeowner's for
7 construction of either building additions, permitted detached accessory
8 structures. or associated' improvements (decks, patios, spas, etc.). Structural
9 additions are permitted, and shall be contained within the building envelope,
10 as defined within this PUD and set forth on the approved unit development
11 plan and subdivision map. Design shall be in keeping with the approved
12 PUD development plan, to staff review and approval prior to issuance of a
13 development permit. Accessory structures shall be permitted, subject to
14 development standards, prepared by the developer'. and subject to SPARC
15 review and approval, prior to Final Map approval. Accessory units shall be
16 permitted, pursuant to applicable regulations within the Petaluma Zoning
17 Ordinance.
18 d. Standards for height, location and design of fencing, as well as maintenance
19 and replacement provisions to conform to the approved PUD plan.
20 Proposed fence detail shall be enhanced through the incorporation of special
21 accent features (e.g., substantial corner posts with decorative caps, lattice
22 height addition, .etc.), subject to SPARC review and approval.
23 e. Allowance for partial or full garage conversion, replacement of off-street
24 covered parking.
25 f. Rebuilding and/or replacement of residential structures shall conform to the
26 approved unit development plan.
27 g. Any future use of Lot 115, except for continuation of the existing cucumber
28 farm and associated uses, shall require a PUD amendment. Any future use
29 of Lot 114 (church site) shall require a PUD amendment.
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31 7. Project CC&R's if .prepared and recorded for this project, shall include reference to .
32 the PUD Development Standards, and shall not include regulation of signs which is
33 any 'more .restrictive than the Zoning Ordinance for R-1, 6500, subject to staff review
34 and approval prior to Final Map approval.
35 ®��, 1 g
20NCS
EXII TPTT
Reso. 90-365 N.C.S.
5
1 8. Access to the existing agribusiness (Lot 115) shall be provided, subject to staff
2 approval.
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REFERENCE:
Under -the power and authority .conferred upon, this Council: by the Charter of said C
I hereby certify the foregoing Resolution was introduced and adopted by the th
Council of the City of Petaluma at -a (Regular) (' . ) 8
on the ... day of _...._..._....Hamember _.... -.... , 19..20, by the,
following vote:
AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: 0
ATTEST: ..... .......... .. ............. ........:..._
ityGlerk
Ooimol
CA ITIT Res. Na..K7.3. , 5.::.:.... N.C.S.
to
EXHIBIT 9 TENTATIVE MAP IS ON FILE IN THE OFFICE OF THE DEPARTMENT OF
COMMUNITY DEVELOPMENT