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HomeMy WebLinkAboutOrdinance 1818 N.C.S. 08/27/1990t i 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 C9T~ CLERK Cl'Flf CP PETALL3A~A P. o. Box ~ t PEyALUIVi~, CA 94953 ORDINANCE NO. 1818 N.C.S. Introduced by Councilman Seconded by Councilman Michael Davis Lynn Woolse AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND McBAIL COMPANY FOR THE DEVELOPMENT KNOWN AS GLENBROOK, APN'S 137-060-19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 27 Section 1. The City Council hereby finds that the provisions of the Addendum to 28 Development Agreement between the City of Petaluma and McBail Company, a copy of 29 which Addendum is attached hereto as Exhibit 1 and incorporated herein by reference, is 30 consistent with the General Plan, Corona/Ely Specific Plan, and other applicable plans, 31 policies, ordinances, and regulations of the City of Petaluma. 32 33 Section 2. The City Council hereby approves the terms and conditions of said 34 Addendum. 35 36 Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and 37 directed to sign Addendum on behalf of the City of Petaluma. 38 39 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for 40 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 41 shall not affect the validity of the remaining portions of this ordinance. The City Council of 42 the City of Petaluma hereby declares that it would have passed and adopted this ordinance 43 and each and all provisions thereof irrespective of the fact that any one or more of said 44 provisions be declared unconstitutional. 45 2~ Ord. 1818 N.C.S. 1 ' .; 1 2 3 INTRODUCED and ordered Posted/Published this loth day of augus~990. 4 5 ~ _ ADOPTED this 2 ~ th day of august , 1990, by the following vote: 6 7 AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, $ Mayor Hilligoss 9 NOES: o 10 11 ABSENT: o 12 13 ~ ABSTAIN: o 14 15 16 17 i' .LL 18 '~ ---. 19 ATTEST: ~i APPROVED AS TO FORM: 2~ `~~ ~ 22 ity er ity ttorney 23 24 25 glenbrk /council-4 26 Ord.. 1818 N.C.S. 2 ~•- ;~IT~t 0~ PETALOJMi~ = PETALUPAA;,CA ~~19~3 . .AGREEMENT`'TO ANiENI2 DEVE'LOPII~EN'T A(p'REEIVIEN'T BE'I'VVEEN ` .CI'I'x OF PE'TALgJiVIA Ali1B Mc13AIi.~ COMPANY .' '(GLENBROOK) ~. This Agr_eerrient amends the Development Agreement dated l1!Iarch-19, 1990, between the City of Petaluma ("City") and McBail Company ("Developer'') for the Glenbrook Subdivision, APN , 137-060-~19.- ~ The effective : date of this agreement is ;. 1SECI'I'.~.S: 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"). ~~~ ~~ R.~ q®-0315!x(® P'tarc~, aA, ~ 9'9 ® . B. City and .Developer wish to amend the Development Agreement. C: On August 14, 1990; the. City of Petaluma's. Planning ~ Comnussion held a,'publi:c heanng on the amendmetts contained in this Agreement after notice as required by law. D. On August 20, 1990;.. the.City of Petalu_ma'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, effectiveupon 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. Ci and~Develo ,er:-intend that the difference'.n the'number of allotments produced tY : p . ~ by the :Amendment to Section 3.25 of the Development Agi~eement ,shall be available, - as needed,, to the City of Petaluma. for the construction of lower and - nioderate~ :income;housing on land dedicated. to the City of Petaluma, for than . ~ purpose wifhin the Corona/Ely Specific Plan Area.- fl~D.18T~NCS 1 a - G. Developer :has asked City to extend. ahe teem, of the Development Agr'eernent for a - term of one.year, and C y desires to do'so`because': . , 1. Completion of Sonoma Mountain Parkway ,has `been substantially delayed. 2. Water Pressure Zone 4 improvements will riot 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 lUl 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 = st~~#e~o~ts 1. .Amend itecital, Section'F, page 2, to read: "F. Developer wishes to develop: 'a large-scale, phased.. deveto~ment (°Project") generally described as follows: a planned residential distract totaling ~~ 83 - single family dw.ellings." 2. Aanend Section 1.2,.p$8~ 4, fo~'reads "The .term of this Development Aggrreement shall commence upon. the effective date of the ordinance approving; this Development Agreement. and shall continue until March 2~ ,1998, (eight; years) f~-yee~s~ unless extended or earlier terminated as 'provided herein." ,. - 3. , . Amend Sectio® 2;2, page 5, to?read: 2:2. $~les..`Re~,ulationsand'~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, of lan, or rule the effect 'of 'which would limit the P cY. P number, size, :or amount of residential development as; permitted by Paragraph 3 3.2.5 or other development, or improvements consistent with. the Estalil'ished Development:. Standards which can be constructed Burin a particular period or periods. of tune or to prohibit .or delay t~e construction, ~ or the ,issuance of such permits or oR~. s i s N c s 2 EXII3I~IT .. appoyals as may be .necessary for the construction, of-such buildings' ~oT other:improvementsfor aperiod or periods of time. 4.~ Amend Section 3.1.6(3:), Affordable Housing,: page. 9, to read: "3, Location of the parcel and development of the housing described above shall give. due consideration to the Corona/ElySpecific Plan. ' U~its~t~c~~ed 5. Add Section,3.1.7 (leveloper Obligations), page 10: "Developer will erect -.project .perimeter- wall .or fence along Maria Drive at earliest feasible point during first phase of construction. - 6. Amend Section 3.Z.3(a), ,page 1`I, to read: 3.2.3 Water Pressure: Zone l:V. "(a) City agrees to develop Water Pressure. -Zone 4 to serve those properties in the Corona/Ely Specific Plan. Area east Hof Sonoma Mountain- Parkway. City further- ;agrees, to pay .for the de"sign: and construction of Water Pressure Zone ~4, to being construction at the earliest possible date, and ~to have, the system operable in X98 T99T ." 7. Amend Sectioaa 3.2.3(c), .page 11, to read; "(c) City agrees ~to~ ermit development of properties, ncludin pp g construction of dwellin units,,-affected by limtations'm water;pressure until construction of Water `Pressure Zone 4 is compl_'eted, provided an interim water system satisfactory to -;the City Fire Marshal and. City En ~'_ '~ ~ p g ~ ~eriod until WatemrePressure~Zo e 4 becornesao erablee Certi rcates o Occupancy will not be granted to units dependent on Zone 4, however, untrl such time as. water .pressure is sat' actory; to the City., - Properties not :dependent: on Water Pressure -, ._ ne 4~ shall .not be subject to this P~g~P~ ~ . oxD.1 s i s v c s 3 E~` yeafof-eo~tts}e€~©~= 8. Amend Section 3:2.5, page 12, to reads "3.2.5 Allotments. City agrees; to ,grant- Developer allotments .on an annual :basis according fo the following.sehedu es: 1990 . 1991 ~ 3$ 1.9.92 1993 -U- ..1994 ~-(~- 1995 Q 1.996 .¢ 1997 ~ -0- Developer ,shall be exempt from the allotment forfeiture provisions as set forth in -Chapter 17.26 of the Petaluma. 1Vluticipal 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 eritie project. in=afl~-~ea~ -~x .~3e1~-the-tet~~~~ o€ t ~~e ~t~da~~d--e~ot~ner}t--appk~ea~i~o~-~r~ed~---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 not does the granting of said. allotments 'guarantee that the.pro ect v~nll be~ approved for the same: number of units as allotments anted. ~ellin ~ units bu It ro f land d~edicn edn t housin ~ sh of ~` 8 . , ty Petaluma for .the .purpose of providing to .e o mod a co e g 'all not be srsbject ,fo the maximum units allowed in this Section 3.25; such units, and fhe allocations for them, shall bbe: eparate from the allocations set forth in 'this paragraph:" . 9. Add Section 3.2.7; .(City ~Otilignti®ns), page 13, 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 irimprovements . to 11~cDowell Boulevard North, commenced in August 199Q, are- sufficiently complete to allow free traff c movement' on and about McDowell Boulevards -North. as determined by the City Enguieer Nothing, in this paragraph shall prevent Developer from' commencuig construction of public or priuate, ,improvements, includi~tg ~dweUing units, nor shall it apply to work on improvements for Water 1'ressur~e Zone 4 " 10. mend` Secti®® 3.4,, pale 13, f®: read: _ _ p "3°:4 T'he~ Cit~i and Developer,agree to amend this- Agreement upon a proval of the ,Project. bbyy the City m order to incorporate all conditions of approval herein. G`onditions o u royal ,and all ndin ertainin thereto ado ted b f PP ~ ~P 8 P Y the City through tentative. subdivision map, rezoning or development plan ._ ®~:~.1~18NCS ~ 4 •, approvals are attached to this Agreement as Exhibits 6, 7, 8: and 9, w~iich.. are further identified' in paragraph 9:5. The parties agree that as the documents idenfified in each such exhibit are adopted by the .City Council the dgcument slialT be attached o the` Development Agreement and thereby incorporated as a part of it. " ' 11. Amend Section 4.1(a), page 14, 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 l0U% of the allotted units for that articular year plus up to 50% of the total number of units' unbuilt from~the~ previous .year(s) (i.e., two years or more are required to. capture all unbutlt units from a giiyen year), proveded that no more than 450 building permits may be issued to the entire Sonoma Mountain ,Parkway Assessment District in arty calendar year." 12. Amend~Section 7,:2;:page20, to read (in part)i "7.2 l~lortgaeee Not 061igated. Notwithstanding the' provisions of Section ~~ 7.1 above, ... " 13. Annexed' Section 9.5 page 24, to read: ~ - "9.5 Entire Agreement. - This Agreement is executed °in.four (4) duplicate originals, each of which is deemed to be an on 'nal. This A reement .consists of fo four 44 a es, including the ;ecttals and exhibits; which constitute the entire understanding -and .:agreement of the parties. Exhibits "1" Descriptton_;of'Property ,~rrGU ~~ '~~ Exhibit'.'2" LLSonoma Mountain Parkway Description; !or~° ~ t ' Exhibit "3" ~ Participation Schedule; `~ ~ ~ ~ ei.' "`" Exhibit ".4" Schedule of Development Fees; ~ See Exhibit "5" Affordable Housing Site; ~ ~~ ~ ~' ~ .~-4 Exhibit .."6"' Resolution approving e _ atiye - ap; qo-~a.cDc~ i~,c s Exhibit "7" Ordinance rezoning properly to PUD; i"8 ~o N c s - '.. ~Ezhibit "8" Resolution appcoymg PUD development plan; 90 - ~ ~. ° ~. ~-~ . Exhibit '"9" ~ ~ Tentative Subdivision Map. 14: In all ;other respects,. the Development Agreement shall be unchanged and shall - remain in full force and` effect. 15. This amendment~shall' be effective for all purposes upon its execution by the City and Developer. - ,~ o n ~~ le_ .;n ~ o i~ ~ ca, o ~ 'the;, Cp rYirr+un ~<E~• ~ev.e,l`o P m-wit . ~,ity Na..llq II 1~91i:5h SF,: ORD. X1818 N C'S Exxasrry J .. CITY OF PETALU A Municipal Corp; ~ aton BY~ _ _1 Iv1cB'AI'L COMPANY Approved as to Form: -1 . -, ~~ __ - rty ttorney ~ _ - - - 1 ~ ' -B I ~.. ~_--~ Y~ - ' ,~mannce~~ erector - A est: ity er mcbail/planl2 Planning Director Ofti~. l $18 N C S. b L'i xHYBt ~ CC §1.181 • AQKNO ~n~~uFtiT STATE OF CALIFORNIA ~~ GOUNTY OF' SONOAAA ) • ' On this 10th day of June in the: y_ ear 19 91 t~fore me, Paulette Lyon, Deputy City Clerk, . CI of Petaluma, persona y appeared .3ohn L ry .Scharer- personal known to me to tae the arson who-executed this instru ment as Ci g p ry Mana er of the ,City of .Petaluma slid acknowledged to.me~that the Clty~of'Petaluma executed°it. a: -- Seal • _ Paulette,Lyon;, Depu ~ Ci. le`rk. - f - , ~ Clty of Petaluma, California - . CC ~11~1 (7) • .. .t~Cl{N®~~ .`17C's~'AIf 1F+A1T STATE O~ CALIFORI~~~~ ): ~ ~ _ - : C®LJIV'TX_ OF SONOI~A ; ~ ~ . On this l0;th. . ~ ~ day of ~ ,Tune , in th'c year 19 91 ~ - . ., ~befo~e cne; Paulette L ota De u Y .. p tY City Clerk; City of Petaluma, personally appeared. ~ filichael Galls her• - ~ ~ personally. knodv.tt ~ t® me to be (or proved' to men on the ~ basis . of satisfacto . i evidence) to • be the ndiv'dual s whose name s' is/aresubscribed to Phis (:) - instrument; and ackaowled~ed-that he/'she/they executed 't. ~: ~= -._ - ~_ `Seal ~ -au ette yoII; a y: 1~, er City of Petaluma, . al' ornra - ?,,> . ' l E'XI~I'BI'I'S 1 'I'~HROLJGH 5 WERE RECORDEI)'UNI)ER SONOA~dA CO~JNTY ®F-FICIAI. RECOIZI~S 90'-031546. FZ~SOa•l,l~l0'1'1 ;~~. 90-266, ~ N:L..~: . Of the City of Peta-luma.. California - . ~ . 1 ' 2 RESO,UTION APPROVING THE `TENTATIVE, SiTBDIVISION MAP 3 ~ FOR G•LENBROOK, AN 83--UN•TT RESIDENTIAL. SUBDIVISIOi11 4 LOCATED ON RELY BOULEVARD NORTHaNORTH QF CAPRI CREEK; 5 APN' 137=06,0-'I~9 . 6 ,. 7 WHEREAS, McBail Company, as owner, has filed .with~'this, Council a Tentative :Map to ~:, 8' subdivide land within this, City to be known as Gl'enBrook Subdivision, and has paid all 9 required filing fees;. and 10 1'1 WHEREAS, the City ..Engineer, the 'Director of Community Development, and the 12 . Planning -Commission have examined'. and reviewed the: same as required by ~ law and all 13 reports, recommendations, and :comments thereon have been forwarded. to'and considered 14 by this Council at its ;meeting; held on.August 6, 1990; .and 15 ~ - . 16 NOW, THEREFORE, BE a'T R•ESOLVED that this Council hereby finds for the Tentative 17 Map as follows: - . 18 ~ .. 19 Ten tative 1Vla, Fp indin~s: 20 1. The proposed subdivision, as conditionally approved, together with provisions for its 21 design and improvement, is consistent with the; General Plan 'and Corona/Ely 22 Specific Plan objectives; policies,, general land uses`, and programs. 23 24 2. The site is physically suitable for the type. and density of development proposed, as 25 ~ condi"tionally approved': 26 -~ " 27 3. The. ,:design of the subdivision... and. the proposed- :improvements therefore, as 28 conditionall a roved 'will' not cause substantial environmental dama e, and no y : pp - g 29 substantial` or avoidable iajury will occur to fish and/or wildlife or their habitat. 30 - 31 4: The ~desi~n ®f .the. Subdivision and :the type .of .:improvements proposed will not 32 conflict with easement; acquired by the public at large, for access•through or use of 33 property within the .proposed'aubdivisioa. 34 35~ 5. The design of the Subdivision and :ahe type of improvements proposed will noz 36 ~" conflict with `easements, acquired by the public at large, 'for access through or use of 37 propertywitlin the proposed subdivision . 38. ~ . -- oRn.lssxC"s ExxgBa Reao. 90-266 N:.C!.S.. Res Nn ....... 1... ,.. ,N.G:S; ~ -~ -~~ `' \:1' 6. The discharge of waste from ,the proposed subdvis:on into the existing community 2 newer system will.,not result in''violation of the, existing. requirements prescribed by 3 the Regional. Water Quality Control Board: 4 S BE IT FURTHER RESOLVED, 'teased 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 Map Conditions:: . '10 1. The subdivider shall comply with the following. requirements of the City Engineer: 11 a. The developer shall comply with Petaluma ARunicipal Code Sections 12 20.36:010 land 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. The proposed five year capital improvement program includes 17 provisions for expansion of"the Wilmington Pump Station to handle proposed 18 development as well, as. improvements to better serve existing development. 19 This development ,shall pay a "pro-.rata. share of the costs of these 20 :improvements. 21 c. This development may be dependent. upon utility improvements to be 22 installed by adjacent developments. Appropriate calculations shah be 23' .submitted to verify their .adequacy., If off-site improvements are required, as . 24 deteriained by the City Engineer,, they ahall be installed concurrent with ZS these improvements. 26 d. All. street lights used within this' :development shall have standard metal 27: fixtures dedicated to the City for ownership and .maintenance. Prior to City 28 acceptance, the developer shall. verify ..all `lights meet PG&E's LS2 rating 29 system. . 30 e. All' improvements and grading along' the north 'bank of Capri Creek shall 31 comply with SCVNA's design criteria for natural waterways. 32 ~ f. The unit phasing shown on the .Tentative A~iap does not indicate phasing of 33 the streets. and utility: "'improvements. Therefore, all streets .and utilities 34 "shown within,this development shall be constructed with the firstphase. It is 35 .recommended this first .finale map dedicate all these improvements and all 36 ,future lot,areas be labeled' as remainder. ~ilsp.i. ~ ~ ~ ~'~ L''~" Reso. 90-.26`6 N.C.S. EXHIBIT (o 1 ~ g. Signing.:.and striping shall conform to City. tandards. 2 h. A landscaped parkingislandshall be,insfalled in Marley. Park Court. .3 4 2. The subdivider shall comply with. requirements' of the; public utility agencies and the 5 -City D`epartment:of~Public Works, prior to Final'Ivfap approval. 6 7 3. The Tentative IVfap shall' be~ amended prior to submittal, for- .Final Map review and 8 approval to .reflect all; applicable modifications required under the PUD Conditions. 9 of Approval.. Said map amendment shall meet specifications of the City .Engineer 10 ~ and Community :Development Director, _ and shall, also: incorporate any SPARC 11 conditions of approval ,pertinent to the map: ~ , 12 13 4. `d'his development shall .be subject to all appropriate development fees, and on and 14 off-site improvements asset forth within the adopted Development Agreement or 15 any subsequent:., amendment thereto. 16 17 5. ~ Any labeling -.errors or other erroneous -information appearing on the map, I8 development'or, landscape plans shall;be:correctedp~ior to Final'`Map approval. 1,9 .. . 20 6. A. one (1) foot 'non-access strip shall be provided between the residential lots and 21 Mara.Drive frontage and between the :PG&E easement and residential lots. 22 23 7. The. developers of the Clen Brook and Sonoma .Gateway subdivisions; shall be 24 jointly responsi6le~ for` the. installation Hof the .proposed Sunrise Parkway. A full 25 roadway aection shall be provided, prior to completion _of the ,first phase of either 26 development, if `necessary solel the affected develo r, riot to the issuance of y by P~ P 27 certificate of occupanry for units ~in either subdivision. 28 - - 29 g. - Sono A+f ount~ Parkway strectscape improvements (landscape,. soundwah: and 30 ~ entry- treatment), for tlae entire: frontage of the. project site, <shalh be completed 31 .` concurrently with the subdivision's public unprovements. Design°shall be consistent 32 with, the adopted Sonoma Mountain Parkway Design .Plan, timing shall be:_subject to 33. , City staffs determination. 34 0RD1~~~NCS ~. EXHIBIT Co Reso. 90-266 ,N..C.S.~ 3 ., . 1. 9. All hazardous materials (as recognized, by 'the City Fire Marshal) utilized on the 2> constructon.aite shall be kept within a fenced, locked enclosure, subject to review 3 and approval of City staff: 4 - 5 10. The. Maria Drive 1/2 street .section shall, be, modified to provide an 11 foot travel b lane, 5 foof bicycle lane, and 5 foot pedestrian pathway meandering within a 19 foot 7 .landscape area. The 8 foot parking lane proposed shall be deleted .across the g .project frontage; and' "No Parking" signs installed' as required by the City Engineer. 9. 10 11. Tentative map/PLJD approval shall become effective .following City Council 11 approval and recordation, of a .. (revised) development agreement between the 12 . applicant and City which reflects all relevant conditions' of tentative map and 13 development plan. 14 15 16 TMglenbr/council2 Und~x. 4b® poa®r maa Eaatlaorit9 ° o~nterrea upon this i:Coun~il ~- t~ 'cbarba:: oh said Ctys REFERENCE:. ~ I be~by oe~[y. tL tore Ra®oiution ara® introtiua®d, mnd _ b9' t~ Approved ~ w form lls® 6I Pet~lu~ s# a (Regular) ' s~~ Coundl ~'... . Clty • ` . 6 t ~ ~ at ...._..:..1~~~:t.:_..._-....-. 19.~Q.~ by the folloaiag vow: .:. ~~.. .~.,......._..._...:... ty AttbrneY AYE9• Balshaw,.Woolaeq, Tencer, Vice Mayor Cavanagh, Mayor Hi-lligoss . NOES: ~ . ABSENT: Sobs 1 STAIN: Davis ATTEST ._..._ itq Clef cwt ~v . ~~sd~;• ~- ~e~ ~ ~ :C S. ~ No..9.Qr. b.6..... yc:s, .___ . SEP 5 1990 ORDINANCE NO isio N.C:S. Introduced by Councilman Seconded by Councilman, Larry Tencer Vice 'Mayor Cavanagh. AN' ORDINANCE AMENDING `ZONING "ORDINANCE' NO: 1072 N.C:S. BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL: NUMBER 137-060=1~9 KNOWN E1S~ GLENBROOK SUBDIVISION ( CT) LOCATE NITY DISTRICT) TO PUD . (PLANNED UNIT D S'I`RI NED COMM D ON :ELY BOULEVARD NORTH, NORTH OF CAPRI CREEK :BE. IT, ORDAINED BY' THE COUNCIL. OF THE. CITY OF PETAI;UMA AS FOLLOWS: ~. Section 1.~ The City Council finds that the Planning Commission filed with the:City Council on June 26', ,1990, its report. asset forth:in its minutes of~June 12, 1990 and June 26, 1990, recommending they adoption of an amendment ao ,Zoning, Ordinance No. 1;072 N.C.~5., by reclassifying, and :rezoning;- .Assessor's Parcel ~ .Number 137-060-19 from PCD to. PUD (Planned Unit. District). S i n .The City Council further- ,finds that said 'Planning Commission held a public .hearing :on. said proposed amendment to 'Zoning Ordinance No: ~ 1072 N:C.S., on June 12, 1990 and June 26; 1990,, after .giving notice. of said shearing in the manner, for the period and in' the f om required~'by~said Ordinance N.o: 1072 N:C.S: ecfi n ` ": 'Pursuant to ~.the~ provisions of Zoning; Ordinance 'No: 1072 N.C:S:, the City Council- finds that 'the` proposed amendment is~.n.,general conformity with he .Petaluma Generale Plan, andfurther, tbat~ thepublic. interest, convenience and general welfare will be~ . "furthered by .the proposed amendment: 'Section 4. Pursuant. to the, provisions of Zoning Ordinance No: 1072 N.C.S., as amended, .and based upon.the. evidence. it has received and in;aeeordance with the: findings made,. the City Council.;hereby: adopts amendment to said Zoning Ordinance No.:.1072 N.C.S: so as to ~~D.1;~1~NCS'. ,. ~. Ord... 1810 N.C.S: j , _ ~~ , reclassify and rezone °said propel 'herenbefore referred to .in accordance with the recommendation of ;the Planning Commssron: n The City Council finds that the ~;requiremen"ts of the California Environmental ' Quality.Act Guidelines, and °Section 15Q83 have -been satisfied, though 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 Glen Brook project. tin .The City Clerk.. is .hereby .directed to-post this. Ordinance for the period and in the manner required by the City Charter. . n 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 they 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: - INTROD.UCED~and ordeed Posted/Published this. 16th day of July ,1990. ADOPTED this. 6th day~of aut~u'st 1990, by the followingwote: AYES: Balshaw4;. Woolsey, Tencer; Vice Mayor Cavanagh,. Mayor Hilligoss NOES: ABSENT: `S ob e 1 AB$TAIl~1 Davie .APPRO~D ; /. ~' /,. Ord. 1$10 N,.C.S. .~ ~Z~SOI1.,itlQ6"1 ~®. 90-2'65 ~ N ~.~. of :the .City of Petaluma.. Cafi,fornia - 1 2 RESOLIITTON APPROVING TIi~E L71`TIT DEVELOPII!IENT PLAN FOR 3 GLENBROOK SJBDIVISION, AN 83-LJ-NIT. SINGLE-FAMILY 4 RESIDENTIAL DEYEL,OPMENT LOCATED ON° ELY BOULEVARD NORTH, $ NORTH OF CAPRI:CRE:EK, APN 137-060-19 6 - 7 WHEREAS, by Ordinance No. ~ ieio - N.CS.,...Assessor's Parcel Number 137-060-19, has 8 ~ been rezoned to Planned Unit Development (PUD); and 9 10 WHEREAS, by action taken .on June 26, 1990, the Planning Commission considered and . 11 forwarded a recommendation to the. City Council on the unit development plan for 83 12 single-family units in said Planned Utit District; and 13 - 14 WHEREAS, the City ~Cquncil finds that the requirements of the CaliforniaEnvironmental 15 Quality Act. Guidelines-and. Section '5083 have been. satisfied through the preparation and 16 certification of they Corona/Ely Specific; Plan Environmental Impact Report in which the 17 anticipated. specific impacts have been adequately identified, and mitigated ahrough the 18 adoption of specific conditions of approval. applicable to the proposed G1enBrook project. 19 ~ , 20 NOW, TI~EREFORE, BE IT RESOLVED that the -City Council hereby adopts the 21 following findings: 22 - 23 Fin in 24 1. That the development plan as conditioned,. results in a ~ more desirable use of the 25 land, and: a better .physical em+ironment than would be possible. under any single 26 zoning. district or combination of zoting districts. 27 28 2. That-the plan for the~proposed development, as conditioned, presents aunified and 29 , organised 'arrangement of buildings and: service facilities which are appropriate in 30 .relation .to .adjacent' and nearby properties ;and. associated proposed projects. and 31 - that adequate. landscaping- and/or screening is included if necessary to insure 32 ~ compati'bility: 33 _ . • ., 34 3. .That. `the natural. and scenic qualities of the sitewill' be protected througfi the: 35 implementation of tree preservation conditions. of .approval, and "that adequate 36 available public~and private spaces are designated oa~the Unit Development Plan. 37 . ~R~.1818 N CS - .. .. ~',~ _ Ali Res. Na.....9.0.~.~65. ..... V.C.S. I 1 4. That the .development of` the subjectproperty; in the .,manner proposed by the. 2 applicant and. conditioned by the City, will not be detrimental to the public welfare, 3 will be in the best .interests of't~he City and will be i'n keeping with the general intent 4 and spirit of the zoning regulations.of the City:°of Petaluma and'with the Petaluma 5 .General. Plan. 6 7 5. That; the P1;JA District, is proposed on property which fins a suitable relatorhip to 8 one or more thoroughfares .(Sonoma Mountain Parkway, :Ngaria Drive) to carry any 9 additional traffic. generated by the development. 10. 11 NOW, THEREFORE,. BE IT FURTHER RESOLVED that the G1enBrook unit 12 development plan as, referred by the Planning: Commission and presented. at 'the July 16, 13 1990 meeting of this Council is hereby approved; pursuant to Section 19A-504 of .Zoning 14 Ordinance No. 1072 N.C:S. as amended subject to the following conditions: 15 16 PJD Conditions: . 17 1. Plans .submitted at time of application for SP,ARC review shall reflect the .following 18 amendments: 19 a. Redesign of`the 1Vfarley Park cul-de-sac`bulhi to include. a landscaped parking 20 island: ~ ~ . 21 "b. Adjustment of 'lot. lines for Lots 6 7, 16, and 83 to eliminate encroachment 2i into . the designated` open Space. area adjacent to .Capri. Creek. Any 23 necessary 'redesign of the ~ public street to'. maintain a minimum 70 foot 24 setback from creek centerline shall also. be incorporated. 25 c. Adjustment of common property lines between Lots 36 and 37, 80 and 81 to 26 improve usability of private yard areas; 27 ~ 'd. Adjustment of rear setbacks along. Sonoma Mountain Parkway to .conform 28 -with Corona/Ely Specific ,Plan minimum.-setback standards. More single- 29 `story units shall ~ relocated to ots 75 through 83 adjacent `to Sonoma 30 Mountain Parkway to achieve periodic. visualrelieffro® the impacts of two- 31 . story. massing. . 32 e, Modification of proposed setback- standards to reflect a 10 foot minimum 33 ., ~ front setback for purposes of achieving diversity,. and sufficient variation 34 ~ between adjacent. units: 35 f. , l~iodification of the landscape plan ao address `Department of Fish do Game 36 and staff concerns-relative to planting "size and density. Reso. 9:0-265 N C.S'.: 2 T 2 3 4 5 6 7 17 34. 35 g. Detail provided .of landscaping/fencing along. Maria Drive to address General. and 'Specific Plan provisions '.for neighborhood entryways. An attractive streetscape shall ~be created consistent "with -the treatment proposed by the adjacent Sonoma Gateway~subdivi'son. h. Unified landscape plan submitted for. property within both the Sonoma Gateway and the Glen. Brook PG&E 40 foot wide utility easement. Each project hall be responsible _ for °provision of initial landscaping within its portion of ths~~easement. ~ . i. landscaping within the Sunrise Parkway median designed to be compatible with adjacent .subdivision landscaping, and to tie visually .~attracti~e (Maintenance of the median island shall be through a landscape assessment district). 2. Parcels ~l and I of the Sonoma Gateway Subdivision and' Lot B of Glenl3rook shall be offered 'for dedication. Thee parcel southeast of the intersection .of Sonoma A!lountain .Parkway and ,~ARaria Drive shall `be offered, for dedication.. Maintenance of these parcels shall be through, a landscape assessment district. 3'. The proposed project architecture ahall tie modified prior to SPARC review to develop a more unique and identifiable. exterior- appearance, created.,.through further variation. in, materials;. setbacks, and/or building form, No 10%a unit shah be required; ratifier, emphasis shall be placed on the achievement of sufficient diversity throughout the project~as a whole. 4. Project CC&R's shall tie subject to -staff review and, approval prior to Final Map and shall include ~ a.. 'reference to. P~ Development Standards for governing the following:. . a A~uffi~ lot coyerage,_; minimum setbacks height and design .criteria for - palu~pal dvrelliags and accessory uses and structures, including-fences. • . b:.. Identification of options -and/or restrictions applicable to' homeowners ~` ~ ~ ' ' rnnitted :detached relative to the construction of building additions,. pe accessory structures 'or other improvements (i.e., decks, ,patios, spas, pools, etc:). c. Garage;, co~ersions ~ shall be permitted:.. However, .provisions .for replacement .of off-street; coveted parking shall'be.required. ~oRC.1 s i s N c s EXHIBIT Reso. 90-.265 :N,;. C.S.. 3 .. 1' 2 3 -4 5 11 12 13 14 15 16. 17 18 1'9 20 21 22 23 24 25 26 27 28 d.. -Accessory dwellings shall `be' permitted subject to applicable regulations contained in the. Petaluma Zoning- Ordinance: 5. All aspects of the proposed development plan are subject to review by the Site Plan and Architectural Review ,Committee prior to application for Final Map including but not limited to: architecture, public and private landscaping, handscape surface treatments,.-irrigation and fencing. Particular emphasis shall be placed on SPARC review of the ,following: _ a. Unit architecture for compliance. of all units with the intent of General Plan -and Corona/'Ely Specific -Plan provisions, -for diversity. Garage doors to be of varying design, materials, etc. b. Landscape plans for appropriate design linkage with different sections of the . . development; building architecture and fencing; appropriate water, soil and spaceconditions. c. Perimeter wall,. creekside,:and interior fencing.design. d. Subdivision entry treatmen"t at both. -Maria. Drive and Sonoma Mountain Parkway. e. Appropriate redesign of areas;specified under Condition 1. 6. All Landscaping. and irrigation systems within the public right-of-way, in creeksde public areas .(north.. ~ bank. only), street tree planting strips and landscape median/islands shall. 'be maintained by an~ Assessment District through contract services, subject toapproval of-the City Council concurrently with the approval of the- Final Map... Landscaping and.: irrigation,, systems. within, the areas shall be . designed to standards: acxeptable to the City of `Petaluma. Cost of formation of the required Pssessnent~ District shall be borne by the project proponent, and shall be assessed at time of Final .Ivlap submittal.. 29 7. -All restoration, erosonatabilization and, enhancement work ethert,proposed and/or 30 ~ required along the north p ' eck waterway shall be subject to bank of the Ca n Cr 31 review and approval by all appropriate regulatory ~agenctes to determine compliance 32 ~ with, the Petaluma Master Drainage; Plan (for hydraulic: capacity) and with the City- ~, 33 adopted ~ policy to retain 'the creek in a~ "natural state." Developer shall be ~ 34 responsible for development and implementation: of 'the approved planting plan 35 along~both sides;of the crest: channel if a satisfactory agreement can be arranged for 36 maintenance,, .including irrigation, along, the south side of the. -creek channel; ' ®~p. ~ - Reso. 90-265 N.C.S. - 4. -~ -1 2' 3- 4 5 6 7 8 9 10 11 12 13 14 21. 22 23 24 25 -26 27 28 29 30 31 32 33 34 otherwise, payment to the City in an amount to cover the cost of materials and installation ~sliall be made prior to Final Map -approval. Worlr shall be~ completed prior to issuance of -the first .Certificate. of Occupancy, weather permitting. A monitoring program. shall. be -required for five years following, installation of mitigation plantings. and shall' be prepared by the -developer prior to Final Nlap application. Monitoring: program shall, be subject to regulatory agency and City staff :review and ;approval. A sinking fund shall.'be established by the developer prior to Final Ma a royal in an amount suff dent to cover costs of the approved P PP monitoring program. " 8. Street names shall. be subject Comnittee;prior to Final Map. to approval of the Petaluma Street Naming 9. The following. requirements of the Chief; Building Inspector shall be met prior to issuance of building;permits; a. Grading.must be certified when completed to' indicate compliance with approved plans.and~will.be required for. occupancy. b. Soils with expansion. index greater: than 20 requires special design foundation " per'Uniform~Building Code 2904(b). c. Show site dainage and grading topography: - d. Indicate, all .utilities on site plan: e. Verify utilities area adequate for building (i.e., size of water, electrical and gas service and size. of sev~-er): f. Responsible paalj+ to,sign•plans. - - g. Submit soils report to verify foundation design. 10. 'The ,follo~aring concerns of the Police 'Department 'shall be' addressed prior to `issuance of~building perffiitst a. 'Izhouse sh®uld have a'lighted address number is clear view from: the - publicistreet: . b. Landscaping along'"the: Capri 'Creek. pathway should be designed to~ permit surveillance by patrol personnel and neighboring residents. Taller tree varieties and' minimalrshrubbery is recommended along the.wallcway. Reso. 90-265''N..C.3. 5 l 2. . 3 4 5 6 7 . ~8 9 10 11 ~12 .:13 14 15 16 17 18 .11,. Timing of `the development and. sales of the residential units°s~ subject to City staff decision, relative to Zone 4 Water System and Sonoma Mountain Parkway completion. 12. A' grading plan shall' be submitted showing. the final proposed contour .levels for improvements along.Maria Drive frgm the existing :edge of pavements to the row of houses. proposed adjacent to 1Vlaria Drive. .Grading, landscaping. and roadway improvements along Maria Drive shall `minimize _the:'irnpact Of the .grade differential between existing and- .proposed development, subject to SPARC review and approval. 13. Tentative map/PUD approval shall become effective .following. City Couneil approval and recordation of ` a(revised) ,development .agreement between the applicant and City w}i'ch reflects alT relevant .conditions off tentative map and development°plan. PUDglen/council-2 . ~UII~l4~'poilbY I~tYS~Pl~'oDnf®!!~ 11pdII!Lh18`CCUaCIl by'~ C.~l~@P at BBid' CItY. REFERENCE: I' lieieby c~rtity ;the. fo~e~oin~ _Rution wee introduced sad adopted `bY tlae _ ApPro~~:as to Covacil;oi the CIty'otf Petalumaat a (Re~ulas) (. __ OII tlae s~.~.~, ~3- _ ~ a - ~` ..:y1 follovvina 'von: l : `: City Atfdrney , . > CA !0•BS ~ ` Rea Na....gO...Z6S Y.C.$. AYES,: Balshaw~, Wool•t3ey, Tencer., "t/ce~;Magor Cavanagh;, -Mayor. Hilligose NOES: 0;,, ABSENT: So 1 ~ ABSTAIN: ~ Davis `City Clem - --- -- OR®.18 18 N C S EXHI~I`I.9-'I'E1V'TA`I'IVE 'IVIAP'IS OWN FILE IN 'I'I-I,E OFFICE O'F TI=LE DEPAIZTIVIE'1V'I' O~ COIdI1VIIINI'I'Y DEVELOP:'1VIENT ,,