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HomeMy WebLinkAboutOrdinance 1820 N.C.S. 08/27/1990~, 4 ~ ` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 II ti ~~~xao~ ~, $~p 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 a would hive 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. 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED and ordered Posted/Published this 2orhday of Augus~990. ADOPTED this 27th day of Augur t , 1990, by the following vote: kingsmil /council-4 Ord. 1820 N.C.S. 2 AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, riayor Hilligoss NOES: o 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//~C ~~ /.~~~ ItECIT~.LS: 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 Ciry 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.fl820NCS ~ i 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 1Vlountain Parkway has been substantially delayed. 2. Water Pressure Zone 4 improvements will .not be. completed until 1991. 3. Extending time for construction of .houses under the ,Development Agreement may delay generation. of a significant amount of traffic until. after the Rainier overcrossing improvements at Highway 101 are commenced. 4. Conditions in -the Corona/Ely. Specific.. Plan area and environs have not .. changed significantly; :hence, the adopted EIR still adequately addresses project:mpacts for the additional year. NOW, THEREFORE, City and Developer agree to amend the Development Agreement as follows: ' Additions =italics Deletions = s~r~#eo~ts 1. Aaraend'I~tle, page 1, to read: "DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETAIUMA AND B-T LAND DEVELOPMENT, TNC., FOR THE DEVELOPMENT KNOWN AS KINGSMII.I, (FORMERLY WATERFORD OAI~), APN 136-120-09,10, AND 11" 2. Amend Recital, Section ~, page 1, to read: "B. Developer owns in `fee 3~ 4~4 acres of real property described in Exhibits lA and IB attached to this agreement (the "'Property").". 3. Amend Recital, Sect[on'F, page 2, to read: "F. Developer wishes to develop alarge-scale, phased development ("Project") generally ,described as follows: a planned residential - district totaling (pending Tentative leap approval') single family :dwellings." 4. Amend Sectaon.l.Z, page 4, to read: "The term ,of this I~evelo~ment Agreement 'shall commence upon the .effective date of the; ordinance approving this Development Agreement .and shall continue until R~larch 22, 1998, (eight years) E~-yea~s~ unless extended or earlier terminated as provided herein." - oRID.1820NCS ~° I~Zd 5. Arneard Section 2Z, page 5, to read: 2.2 Rules. Re ,, lations 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:x: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: 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 "5". Development of the housing described. above shall give due consideration to .the Corona%Ely Spec :Plan.. i~rits a~otmerft~s-~~r~~o-the-~es~de~t~a~~F©r~El~.#Iaflaget-4r~i~a~~e-sbafi 7. Amend Section 3.1.6(2), Affordable Housing, page. 8, to read: "2. Developer shall work with the City of Petaluma. to identify a nonprofit corporation to construct on the parcel no~ less ,than .twe~t~e~ig#t -~2S) thirty (30) unit townhouse development-,;for sale :as affordable housing. Developer shall have. the option to deliver .complete uiliLs (turnkey) to the City or to a. non-profit corporation the City selects." 8.~ Add to Section 3.1.7 (Developer ®bligations), page 9: 'Developer will erect project perimeter wall along Sonoma Mountain Parkway at earliest feasible point during first phase of construction. 9. Aanewd 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 ~9~A 1991." I~IBIT 1 ORD.1820NCS 3 y~ea~ofeo~t~etio~-, 10. Aanend Section 3.2.3(c), page 11, to read: "(c) City" agrees to permit development of properties, including construction of dwelling units, affected by limitation's m water pressure until construction of Water .Pressure Zone 4 is completed, provided an interim water system satisfactory io the City Fire Marshal and City Engineer is constructed for use during the construction eriod until Water Pressure Zone '4 becomes operable. Certificates o}~Occupancy will not be granted to units dependent on Zone 4, however, until such time as water pressure is sat~'sfactory to the City. Properties not dependent on Water Pressure Zone 4 shall not be subject to this P~a~,aP~ ~~ 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 1991 -44 49 1992 ~ 21 1993 -0- 1994 -0- 1995 4 1996 1997 Q-. Developer shall be exempt from the allotment forfeiture provisions as set forth in Chapter 17.26 of the Petaluma Municipal Code (the Residential Growth Management Ordinance.) and may accumulate unused. allotments from year-to-year -over the term of this Agreement, .not to exceed the total allotments for the entire project. ln-ax~~+ea~ ~.~iel~-th~~etaf~~~nbe~ o€ ---, - d~eretiena~-a~o~ments;-~evelepe~-~~Y.-~PiY -€o~--addi~ic~~a~-a~~s th~gl}-~~a-~tanda~d--allotment--a}~pkea~o~r-~~eedx~a:---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 lgwer 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 ~ this paragraph." 12. Add Section 3.2.7, (City ®bligations), page 12, to read: "3 2 7 Sonoma ti~lountain Parkw~Construction. Neither City nor Developer shall commence construction on Sonoma 11~lountain Parkway which would significantly impair traf j~ic on Ely Boulevard until improvements to McDowell Boulevard North, ORD.18 2 0 N C S ~I~~Ta~ commenced in August 1990, are sufficiently complete to allow free traffic movement on and about McDowell' Boule-~ard 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. Aanend Section 3.4, page 13, to read: "3.4 The Cit)r and Developer agree to amend this Agreement upon approval of the 1'ro~ect 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 a part 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% of the allotted units for that particular year plus up to 50% of the total number of units unbuilt from the previous year(s) (t.e., 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 arty calendar year. " _ 15. Amend Section 7.2, page 19, to read (in part): "7.2 Mort,~aaee Not Obli age ted. Notwithstanding the provisions of Section 9:~ 7.1 above, ... " vs 16. Aanend 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) pa es, including the recitals and exhibits, which constitute the entire understanding and agreement of the parties. Exhibits "lA and 1B" Descriptign oroperty; ~~~~ Exhibit "2" Sonoma Mountain Parkway Description; Ta Exhibit "3" ~ Participation Schedule; O,Q/G /N~~ Exhibit "4" Schedule of Development .Fees; ~ Exhibit "5" Affordable Housing_Site: ~~ ~, Exhibit ''6" ~ Resolution approving Tentative Map; Q0 - 36~ KCs Exhibit '7" Ordinance rezoning property to PUD; I S~.F nrCs Exhibit "8" Resolution approving PUD development plan; 90-3L ~s . Exhibit "9" ~ Tentative Subdivision Map. 0~ ~ILt~ IN ®FF ICC- . c7~ COMM~~ ~ T ~~V~troP ~'~1 ~w~, ~I~NGu 5T~~7` o 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 pproperty described in Exhibit lA 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 By: PETALUMA CHURCH OF CHRIST By: G~z„ i y- ea e, resi By roman Orton, re rer B-T LAND DEVELOPMENT; INC. By: Attest: ity er BTLand/p1an12 ORID.18 2 A N C S a~IT CC 1181(7) STATE OF CALIFORMA ss COUNTY OF SONOMA On this Jr ~ dayy of . , 199 C~ before me, Patricia E. Bernard, ity er 4 ity of retaluma, person y a are PPe r -personally known to me to be the City .Manager of the City of Petaluma and 'known to me to be the erson who executed the within tnstniment on behalf of the ~f Petaluma and ackn~~cdged that the City executed the same. ~, (City Manager, City) atnc~a ernar ~ ~ >.ty er OR®.1 ~20N CS ;iEFVERAL ACKB~tOWt_EDGRAEPlY N0. 20~ State of G- ~ ss. Counry.of SC UGwti ~ _,~,4..,r..-. pFFICIAL SEAL I ~~, PAU! R.~MATtC '~~,~~~ RY PU^-LAC CALVrOP.N1A ~ PlOTA J - ~„r;C;.;1 On this the ~ day of ~C~ 19~, before me, ~A~~ ~ ram ~z ~ ~ ~, the undersigned Notary Public, personally appeared personally known to me ^ proved to me on the basis of satisfactory;evidence to be"the person(s) whose name(sp 1q1 a subscribed to the within instrument, and acknowledged'that ~~~` executed it. WITNESS myl~rr~tar-~,pfficial seal. Notary's Signature 722 NATIONAL NOTAgY AS,SpCIAT10N o 23012 Venture Blvd. o P.O. Box 4825 o Woodland Mills, CA 91365-4625 CC 1151 7) STATE O CAd~OItNIA ss COUNTY OF SOA1®MA On this day of Bernard, City Clerk, City of.Petalu personally known to me to be the of the Corporation that executed ~ its Board 'of Directors. (Corporation) J oRn. x. a z o N c s ~XTgT-r~ ~~~~ 11 ~t0~ ~1 1~~ EXHIBITS 1 THROUGH, 5 WERE RECORDED UNDER SONOMA COUNTY OFFICIAL RECORDS 9.0-31550 ~- ~ ~ Resolution moo. 90-'3b6 ~~~.5. of he Cit~.~ ~f P~t~IurYi~,. L~Iifgrnia ~1 , 2 , 3 . 4 5 RESOLUT'IOI~d~APPROVING,THE"TENTATI~ .SUBDIVISION MAP 6 'FOR KINGSA~IILh., CREATING 113 ,SINGLE-FAMI~LY'RESIDENTIAY, 7 LOTS; A 3~9.ACRE CHURCH.STTE;,AND A 1.7 ACRE SITE 8 TO REMAIN IN. AGRIBUSINESS, LOCATED ON SONOARA 9 MOUNTAIN PARKWAY, SOUTH OF RAINIER, . 10 ~ AP 'NO.'S' 136-120-09, TO AND 11 11 12 WHEREAS;. Benjarrun-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 I`T RESOLVED that this Council. hereby finds for the Tentative 22 Map as follows: 24 Tentative ARap ~indin~: .. 25 1. The proposed subdiviston;`~as', conditionally approved, together with .provisions for its 26 design and improvement is' consistent with the General Plan and Corona/Ely 27 Specific Plan objectipes policies, general land uses. and programs. ~,o 2. The site is physically ,suitable for the type and density of development proposed, as conditionally .approved: 32 3.~ Thee design:; of t)ze-.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 occui to fish and/or v~+ildlife or their habitat. 35 36 4. The ,design of he~ .Subdivision and the type- df improvements .proposed will not 37 conflict°wth easeanen~, acgwred by the public at large, foc access through or use of 38 property within tie; proposed subdivision. 39 , RD.1 ~ ~ 0 N C S ~ ~.~ Reso. 9A'-3'6'6 N.C.S. :: .. Res. Na .............. ~.......:... N.C.S. .. i' ~~ .. . - .. 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: 10 11 Tentative 11Rap 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 ahe public street or within an adequate overflow channel 19 and dedicated' to the City for maintenance. 20 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: Atypical 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-o_f--way,. then it -shall be contained within a 26 public access easement. Cul-de=sacs ~ and I{ingsmill Circle shall have a 27 ,minimum public right-of-way width of .4;8 feet with a minimum face of curb- 28 to-curb width of 28 feet. Atypical: street section would consist of two, 10 foot 29 travel lanes and one, 8 foot parking lane (sidewalk on one side). 30 31 c. ICingsmill 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 ®~$®: ~ ~ 2'®N C.S Reso. 90-366 N.C.S. EXHIBIT ~ 1 d. The `City shah ,not. maintain the seasonal' Swale through. Lots 54 and S5; 2 ~ therefore,, an appropriate maintenance mechanism.shah 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 ~~'- ~ ~_ 2 ~ N C ~ Reao. 90-3'66 N.C.S. 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 106/107 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. ®~~• 1~ `~ O N C S Reso. 90-_366 N.C.S. J ~~ 1 3. Tentative. Map: shall. be revised .to °'nsure that the ~ Urban Separator area contains a 2 ,. minimum area. as determined Eby 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 wndnull 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 confotrn 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 o 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 ~shall> be consistent with. the adopted 22 Sonoma Mountain Parkway. Design Plan, ~ timing shall be subject to City staff s 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 PLJI~ Conditions 27 bf Approval.. Said. map .amendment shall meet specif cations of the City Engineer _ 28 and Community Development ,Director and shall also incorporate any SPARC. 29 conditions of,approval pertinent to the:map. 30 31 10. This development shall;tie subject to ?allappropriate„development fees,; and on and 32 off-situ improvements as set forth within the adopted Development Agreement or 33 any`subsequent 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 toFinal Map~approval. ORD.~~20NCS Resos 9U-'366' N.C.S. 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 uti ity agencies and the 6 City Department of Public, Works, prior to Final Map approval. 7 8 14. All hazardous materials ~ (as recogni-zed 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 prior to any construction actintes. The fencing shall be erected 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.. c. A1L roof covering and exterior wall covering materials hall have a minimum Class ''B" fire rating.. 17. The. project. sponsor shall execute a binding agreement which shall stipulate that upon close of escrow of each residential dwelling unit yin Kngsmill, 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 #o close of escrow.'of :any unit(s); the fee for aid unit(s) and.. all subsequent units in this: project thereafter be the Major Facilities. Traff c Litigation Fee. 35 Reao. 9U'-366 N.C.S. 6. 1 ~ 18. The applicant/developer shall .defend, indemnify, and hold harmless the City or any 2 of its boards; cormissons, 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 elarn or action 'is brought within' the time period provided for in 6 Section 66499:37. The City shall prompaly notify the applicant/developer of any 7 such claim, action, or proceeding. The City shall'eoordinate 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'Gity defends the action in good faith. _ ~ 11 12 kngsmill/council-4 t Under the power,and_anthority oonferred',uponathis Council~.by~the'.Cliarter ofa_eaid~Cty, I heiebY ~oertity the foregoing Reeolutioa was introdnoed and adopted ly": . REFERENCE: ~ ~' Council of the City of Petaluma',at+a '('NeSular) ( k_ ,~~ - - - - meeting ' oII the'...„.S.th::........:..day.oE _._._:::;j~nytanih~r_.....»._ .............. 19..-~ .bY the '-: . following votes .. _....-- ....................... ' ~ City Att ey . .AYES: Balshaw, Sobel, :Da~i'sr, Woolsey, Tenser, `Vice. Mayor Cavanagh, Mayor Hlligoss NOES': 0 ~' ~~ i~ ABSENT: ATTEST : ::.:.:..... ... ... ... .... ......:.....»:..:.. ......::.... : _ ... .::~. .............. _. ...... fy ~^ ~ ~ C S' . Mayor Qo~c+l ~91e~. _ _~ L ,_- _ _- -• Res Na ..7~•~ 66.::.. CA 10.85, c ~ `.C:S. ~~FECTIVE "DATA i7F ORDINANCE 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEC 5 1990 • ORDINANCE NO. 1828 N.C.S. Introduced by Councilman Lynn Woolsev Seconded by Councilman AN ORDINANCE A11>1ENDING ZONING ORDINANCE NO. 1072 N.C.S. BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL NUMBERS 136-120-09,.10, .AND 11 KNOWN AS KINGSMILL SUBDIVISION FROM PCD (PLANNED COMMUNITY DISTRICT) TO PUD (PLANNEIJ 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 Ciry 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). 31 32 i n The City Council further >snds 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. 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 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 ~RD.1~20NCS . EXffiBPf rf 1 reclassify and rezone said property fiereinbefore. referred to in accordance with the 2 recommendation of the Planning Commission. 3 4 Se ion .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. 9 10 Sec ion The City Clerk,'is hereby directed to post this Ordinance for the period and in 11 the manner required by fhe City Charter. 12 13 ~t9n Z.~ 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. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 INTRODUCED and ordered Posted/Published this 15th day of oc cobe r , 1990. ADOP'T'ED this 5eh .day of November ,1990, by the following vote: AYES: Balshaw, Sobel, Davis, Woo sey, Tenter, Vice Mayor Cavanagh, Mayor Hilligoss NOES: o ABSENT: o ABSTAIN: A- ST. ~. ity er _ ordkngs/council=4 ~RD.i82UNCS ~XHIBI'~'J 4PPR0 D AS T(~' FORI~i: .-~ _~ ~, ~; ty tt rney Ord. 1828 N.C:S. 2 F~esolution ~+'O. 9A-3.65 N:C.S. ~f the Cit`~ ~f E'f'tcjlUnl~. C~liforr~ia 1 ~- 2 3 RESOI:LJTION APPROVING THE UNIT DEVELOPtVIENT PLAN 4 FOR KIN. GSMILL SUBDIVISION, A 113=UNIT 5 SINGLE-FAMILY RESIDEN'T'IAL DEVELOPIViENT LOCATED ON 6 SONOMA MOUNTAIN PARKWAY, SOUTH OF RAINIER, 7 AP NO: S 136-120-09, 10 AND 11 8 9 10 WHEREAS, by Ordinance No. 1828 N.GS., 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 PU 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. 30 31 2. That the plan for the proposed development, as conditioned, presents a unified and 32 organized.:arrangement 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 necessary to 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. ~~D. 1 S 2 0.N C' S 90-365 Res Na .............. ~............. N.C.S. 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 28 29 30 31 32 33 34 35 36 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 bean 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 RESQLVED THAT the City Council .hereby adopts the following conditions: P.iJ.I). Conditions: 1. All aspects of the proposed development plan are subject to review by the Site Plan and Architectural' Review Committee prior to ;app'lcation for Final 11Rap including but not limited to: architecture, public and ~priva"te 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 20' - 30', 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 aiborists recommendations: Horticultural .Associates report dated August , 23rd. Arborist to supervise construction. ~~®.Y8:20NCS Reso. 90-3.65' N.C4.S'. - 2 1 2 d.. Swale atea south of Knight Court Shall be developed as a -dry Swale to 3 include delineation of swale; preservation of existing .vegetation, swale 4 enhancement (rock treatment, introduction of appropriate. new landscaping, 5 etc.). Building envelopes. for lots 54 and. 55 shall be located outside of Swale. 6 Some poplars may be removed, subject to staff review and approval prior to 7 removal. 8 e. As proposed, fence and wall design shall emphasize a rural estate character. 9 A solid fence option shall be offered for locations where privacy is desired. 10 Fence design and' location shall be in response to creek location, topography, 11 and mature vegetation as applicable. Special attention (i.e., landscape 12 treatment) shall' be given to sideyard fences visible from streets. Fence 13 design shall be enhanced through use of decorative post and cap at corners 14 or other means: 15 f. Street luminaries, .roof design, and house color (within 300 feet of the 16 Separator) shall comply with the Specific Plan. 17 g. Enforcement of Corona/Ely Specific Plan minimum. structure height and 18 setback standards for properties abutting Sonoma Mountain Parkway; and 19 variety of setbacks, building heights,, and building massing. 20 h. Potential utilization of additional shared driveways. 21 i. A sense of neighborhood entry and identification shall be provided at cul-de- 22 sacs. 23 j. All conditions required per approval of the Tentative Map. 24 k. Unit architecture and individual site design for compliance with the. intent 25 and requirements of he :General Plan and Corona/Ely Specific Plan. 26 1.. Subdivision entry treatment in terms of adequacy as a~ Gateway. This shall 27 - include parcels. D and E adjoining the church site. 28 m. Strict limits on tree` removal, grading, and view preservation for the custom 29 lots.. Guidelines for building design,. exterior materials, architectural quality, 30 _ etc., shall also be required for the custom lots. 31 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: 34 35 36 O~~D.18 2 0 N C S Reso. 90-365 N.C.S. 3 .. 1 Specific reduirements (to.be Qerformed by'develovers~: - 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. 14 ~ ' 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.. Vvindows; and. sliding :glass doors shall be provided with self locking tamper 29 ~ ,proof devices..: .~ 30 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. 34 35 6. PUD Development Standards shall be developed, subject to .staff review and 36 apprgval~ prior to Final Map, to include provisions forgoverning'the following: ~~[~.1 ~2ONCS 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 Zonin_ g 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. unite 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. 30 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 2pNC~ Reso. 90-365 N..C.S. . 5 1 8. Access to the existing agribusiness .(Lot 115) shall be provided, subject to staff 2 approval. 3 4 5 6 7 kingsml/council-4 8 :~ G~ ~~ ..~ Under'the power snd authority- .conferred upon. this Council: by tl~ Charter of said C REFERENCE: I hereby- certify the foregoing. Resolution wa® introduced and adopted by .the/ Council of the City of Petaluma at~a (Regular) (' ~ ~ ) 8 on the ...~:kh......._..._. day of _._.__..._....:~IQx~ohgac _......._......., 19..28, by the. following wte: ' AYEg: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Iiilligoss NOES: 0 ABSENT: 0 ATTEST : ..... .........:: .. ..... .. ............_............:..._ ity Clerk _.~~ Ooimol CA I~I~ Res. Na..~.Q.-.~., .~.::.:.... N.C.S. to EXHIBIT 9 TENTATIVE MAP IS ON FILE IN THE OFFICE OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT ORD.1~20NC~ EXHIBIT 9