HomeMy WebLinkAboutOrdinance 1818 N.C.S. 08/27/19901
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I
FEFFECTIVE DATE
r 0R ,: ` i e Ir Y ti
CITY CLERK
CITY OF PETALUMA
P. O. BOX 61
PETALUMA, 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
Ord. 1818 N.C.S.
1
1
2
3 INTRODUCED and ordered Posted/Published this loth day of Augusa990.
4
5. ADOPTED this 2 7 th day of August, 1990, by the following vote:
6
7 AYES: Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh,
8 Mayor Hilligoss
9 NOES: o
10
11 ABSENT: o
12
13 ABSTAIN: o
14
15
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17
18
19 ATTEST: i APPROVED AS TO FORM:
01
201
22 City Clerk City Afforney
23
24
25 glenbrk / council-4
26
Ord. 1818 N.C.S.
2
CITY "CLERK
Cirf OF PETALUMA
P-0. Box 61
PETALUMA.,CA 94953.
E_
AGREEMENT'TO AM ND DEVELOPMENT AGREEMENT
BEINVEEN
CITY OF PETALUMA AND McBAIL, COMPANY
'(GLENBROOK)
This Agree . m ent amends the Deve'lopment Agreement da,t6d March- 19, 1990, between the
City of Petaluma ("City") and McBail Company ("Developer") for the Glenbrook
-Subdivision, APN, 137-060-19-, The effectiv'e date of this agreement is
RECITALS:
A. On March 19;. 1.9 11 90, City and Developer entered into a Development. Agreement, a
copy of which is attached to this Amendment as Exhibit A (the "Development
Agreement"). 5.1�15 0, R. q0_03115.4 (0
B. City and Developer Wish to amend the Devd lbpment Agreement.
C. On August 14, 1090, 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 ofFetaluimas 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 10t. Developer's. property which reads, 'Tentative Map/PUD.
app
roval; becomes, effective -upon, City Council _approval and, recordation of a
(revise4),J)evel6pnient Agreement between 'the.' applicant and City that reflects
conditions; of tentative map and development plan app
roval".
F. City and DdVeloperintend 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 neeood, 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. 18 1 8N, C$
BAHII31T
0
G. Developer :has asked City to extend :the term, of the Development Agr'eernent 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. Conditionsin ,the Corona/Ely Specific, .Plan area and environs have not
changed significantly;: hence, the adopted; EIR still adequately addresses
project impacts for the additional year.
NOW,, THEREFORE, City and Developer agree to amend, the Development Agreement
as follows:
Additions = italics.
Deletions = stri#eeuts
1. Amend Recital, Section f, page 2, to read:
"F. Developer wishes to develop a large-scale, phased development ("Project")
generally described as follows: a planned residential district -totaling 9-5 83
single family dwellings."
2. Amend Section 1.2, pa8e 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; .108 (eight, years) (-7-yeafs) unless extended or earlier terminated as
provided herein."
3... Amend Section 2;2, page 5, to?read:
2.2_ $ales..`R=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,
resolutiopolicy, plan, oli or rule the effect 'of 'which would limit the
number, size, :or. amount of residential development as; permitted by
Paragraph 3 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
proliibit.or delay the construction,.or the,issuance of such permits or
ORD. s i s N c s 2 EXII3IBIT
appiovals as may be .necessary for the construction, of -such buildings'
-or other: improvements fora period or periods of time.
4.- Amend Section 11.6Q), -Affordable Housing,: page 9, to read:
"I Location of the parcel and development of the housing described above shall
give due consideration. to the Corona/ElySpecific Plan. ' Uits�tced
yeafof-eonstne€oF=
5. Add Section.3.1.7 (Developer ,Obligations), page 10:
"Developer will erect " project perimeter- wall .or fence along Mario Drive at earliest
feasible point during first phase of construction.
6. Amend Section 3.2.3(a), page fit, to read:
3.2.3 Water Pressure Zone IV.
"(a) City agrees to develop Water Pressure Zone 4 to serve those
properties in the Corona/Ely Specific Plan. Area east ,of' Sonoma
Mountain Parkway. City further ;agrees, to pay for the design and
construction of Water Pressure Zone -4, to being construction at the
earliest possible date, and �to have the system operable in 490 I'M."
7. Amend Section 3.23(c), page 11, to read;
"(c) City agrees -to permit 'development of properties, including
g
construction of dwelling units,, affected by limitatio * in 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
Enp during, feriod until
WatemrePressue�Zoe 4 becomes, erablee Certi rcatesoOccupancy
will not be granted to units dependent on Zone,4, however, until such
time as. water pressure is sat' actmy to the* City. - Properties not
.dependent: on Water Pressure Zone 4, shall', not be subject to this
P gnPIL N
ORO.1 8`18N CS
3 AH-1
'E' Bff
8. Amend Section 31.5, page 12, 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 38
1992
-1993
-0-
J994
Q
1995Q
1.996
4
1997
-0-
Developer shall be exempt from the allotment forfeiture provisions as set
forth in Chapter 17.26 of the Petaluma Municipal Code (the Residential
Growth Management Ordinance)' and may -accumulate unused allotments
from year-to-year over the term of this Agreement, not to exceed: the total
allotments for the entire project. ln=afl-yea -x .3e1-tie-tet�iie o€
t 4he �tendaf4--&4etntent--appk�eati�o---pr-wed�---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 will be, approved for the same number of units as
allotments anted. Dwelling units bu It ro f land dedicated t housing i shall
1�` g . ,City
Petaluma for the .purpose of providing lower o moderateincome g all
not be subject,to the maximum units allowed in this Section 3.25, such units,
and the allocations for them, shall bbe: separate from the allocations set forth in
'this paragraph:"
9. Add Section 31.7 (City �Obllgations), 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 improvements . to McDowell Boulevard North,
commenced in August 199Q, are sufficiently complete to allow free traffic
movement on and about McDowell Boulevards -Northas 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 Prasure Zone 4 "
10. mendSection 3A,, page 13, to: read:
113°.4 The, City and Developerp agree to amend this- Agreement upon approval of
the ,Project. by the i City n order to incorporate all conditions of approval
Herein. Conditions of approval and all findin�Pertaining thereto adopted by
the City through tentative subdivision map, rezoning, or development plan
TT
ORD. 1818 N C S 4 EAnIBIT:L
approvals are attachedto this Agreement as Exhibits 6,. 7, $.and 9, which. are
er identified' -5. ze-" e that as the documents
further ntifted in paragraph �9. The parties
e- - adopted by the City Counci4 the document
identified in each such exhibit are
shall be attached to. 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, yearto allow construction of
100% of the allotted units for that particular year plus up to 50% of the total
number of units unbuilt frorn'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.
12. Amend' Section 71,j page 20, to read (in part)
117.2 Mbrtgaae Not Obligated..
Notwithstanding the, provisions of Section 9 � ZI above, - - ."
11. Amend Section 9.51, page 24, to read:
19.5 EntimAgeement.
This Agreement is executed in, four (4).duplicate originals, each of which is
deemed tobean original. This Agrdeme-iit.consists of forty-four (44)pages,
including thetecita_�k and exhibits; which constitute the entire understanaing
and agreement of the parties.
Exhibits "1" Description of'Property;
Exhibit "2 Sonoma. Mduntairi Parkway Description;
Exhibit"3 Participation Schedule;
;
Exhibit".4 Schedule of Pievelopment.Fees; See
Exhibit IT. Affordable Hous
ing Site;
Exhibit .1161, Resolution approving',bentative M4P;,90X_(Q (A- t,1,C_ -S
Ordinance rezonin r
Exhibit "r $ property to PUD;TS to N c 5
Exhibit TResolution approving PUD development'plan; 9c - a
Fjhibit "9"V Tentative Subdivision Map..
14. Inall .;other respects,, the Development Agreement shall be unchanged and shall
remain infull force and effect.
1.5. Tim- amendment'shaRbe tiffective for all purposes upon its execution by the City
and Develbper.
-b ea, 0
e_\rc tj P ON -to
CA14:1,Na_0;, 14.1_7nfl5vl
W„,
ORDA '818 N C'S
J
CITY OF PETALUMA
A Municipal Corp ation
BY: _1
Approve¢ as to Form: -1
L_
By:
rty ttorney.
1 � '
B I_
Y�
'inannce, erector
Al
City Clerk
mcbail/plan12
McBAIL COMPANY
Planning Director
OftD. l $18 N C S. b L'i xHYBtT .19
CC §1.181
ACKNQM EpGMENT
STATE OF CALIFORNIA
COUNTY OF SONOMA )
On this loth day of June in the y_ ear 19 91 before me,
Paulette Lyon, Deputy City Clerk,. City. of Petaluma, ry L. Scharer
persona y appeared John L
merit as Ci g
p ry Maria er of the ,City of
Personally known to me to be the person, who -executed this instru
Petaluma and acknowledged to.me4hat the CltVof'Petaluma executed°it.
a: Seal
Paulette,Lyon; Depu Ci le`rk.
Clty of Petaluma, California
CC §1181 (7)
ACKNQW .`TiC's'AIf F+A1T
STATE OF CA%IFORI4IA- ):
COUNTY OF SONOMA
On this 10;th.
day of June , .in the year
19 91 -
before me, Paulette L on, Deputy Y p tY City Clerk; City, of Peta u'
Personally appeared._
Michael Galls her•
personally. known- to me to be (or proved' to me on the basis of satisfacto .
evidence) to • be the indivi'duai s whose names is/are 'subscribed to this
instrument,, and acknowledged -that he/'she/they executed it.
Seal au ette von; e y 1 er
City of Petaluma, . al' ornia
E'XHI'BITS 1 'THROUGH 5 WERE RECORDED'UNDER SONOMA COUNTY
OFFICIAL. RECORDS 90'-031546
N.C.S.
SO •1,1 10�1 �. 90-266
FZ
of the City of Petaluma. California
1 '
2 RESOLUTION APPROVING THE TENTATIVE, SUBDIVISION MAP
3 FOR GLENBROOK, AN 83--UNIT RESIDENTIAL SUBDIVISION
4 LOCATED 'ON ELY BOULEVARD NORTH; °NORTH OF CAPRI CREEK;
5 APN' 137-060-'19
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 GlenBrook Subdivision, and has paid all
9 required filing fees;. and
10
I! 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, 1.990; .and
15
16 NOW, THEREFORE, BE.iT RESOLVED that this Council hereby finds for the Tentative
17 Map as follows:
18
19 Tentative MiI Finding,
inding,
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 conditionally approved';
26 "
27 3. The ,design of the subdivision and the proposed improvements therefore, as
28 conditionally a -will' not cause substantial environmental damage., and no
: roved pp - g
29 substantial or avoidable injury willoccur to fish and/or wildlife or their habitat.
30
31 '4.- The design of 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'= subdivision
34
35. 5. The design of the Subdivision and ::the type of improvements proposed will not
36 conthct with `easements, acquired by the public at large, for access through or use of
37 property within the proposed subdivision
38.
ORD. 11 N C"►� Reso. 90=266 X.C.S.
ETT Res No ....... ...1... ....NZ S:
:1' 6. The discharge of waste from ,the proposed subdivision into the existing community
2 sewer system will.,not result in 'violation of the existing requirements prescribed by
3 the Regional Water Quality Control Board.
4
5 BE IT FURTHER RESOLVED, 'based on the; findings set forth. above, that the above
6 referred. -to Tentative Map; be and the same are hereby"approved, subject to the conditions
7 set forth below and incorporated' herein as follows:
8
9 Tentative Map Conditions:
10 1. The subdivider shall comply with the following requirements of the City Engineer:
11 a. The developer shall comply with Petaluma Municipal Code Sections
12 20.36 010 sand 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 shall be
23submitted to verify their adequacy. If off -site improvements are required, as .
24 determined by the City- Engineer,, they .shall be installed concurrent with
25 these:improvements.
,26 d. All street lights used within this, idevelopmeftt 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&Fs LS2 rating
29 system.
30 e. All improvements and grading along' the north 'bank of Capri Creek shall
31 comply with SCWNs design criteria for natural waterways.
32 f. The unit phasing shown on the .Tentative Map 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 first phase. It is
35 recommended this first final map dedicate all these improvements and all
36 future lot areas be labeled' as remainder.
�i lspi. 8 1, 8,N C'S" Reso. 90-266 N.C.S.
EXHIBIT (o,
1
g. Signing. and striping shall conform to; City standards.
:2
h. A,landscaped- parking island ishall be,installe-d. in Mar -ley. Park Court.
4
2.
The subdivider shall comply with requirements of the; public utility agencies and the
5
City Department: otPublic Works, prior to Final Map approval.
6
7
3.
The Tentative Map shall: be amended prior to submittal far 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 approvalpertiridnt to the map.
12
13
4.
This. development shall be subject to all appropriate development fees, and on, and
14
off -site improvements as' -set 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,
18
development �or, landscape plans shall ;be ,corrected prior to Final Map approval.
19
20
6.
.the residential lots d
A. one (1) foot 'non- access strip shallbe'provided betweenan
.
21
MariaDrive frontage and be-tween the PG&E easement, and residential lots.
22
23
7..
The developers of the Glen Brook and Sonoma G.ateWaysUbdivisions, shall be
24
jointly responsible- for; the installation !Of: the proposed: Sunrise Parkway. A. full
25
or to completion --of the first phase of either
roadway section shall: be provided, prior
26
development, if -necemary solely by the affected developer, prior to the issuance of
27
certificate of occupanc y for ,units in either subdivision.
29
8.-
-Sono'niaMountain Parkway streetscape unprovements (1andscape,,soundWall. and
30'
entry treatment), 'for the 'entire frontage of the. project site, <sball, be completed
31
concurrently with, the subdivision's public improvements. -Design shall be -consistent
32
with the adopted Sonoma. MountainParkwayDesign Plan, timing shall- be. subject to
33.,
City staffs determination.
34
ORD. 18 IS N G*S
Reso. 90-166N.C.S.,
1. 9. All hazardous materials (as recognized, by'the City. Fire Marshal) utilized on the
2> construction -site 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
6 lane, 5 foot'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
8 project frontage; and "No Parking" signs installedas required by the City Engineer.
9.
10 11. Tentative map/PUD 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/council-2
Underthe power madEau"rity•conferred upon this Council by tho'Charter: of.ea3d City.
REFERENCE: I hereby cer fy. the fore Resolution was introduced, and adopted by, the Approved is to
form
ow oI Petaluaoa at a (Regular) '
Coundl �'... .City • `
6t ci ...._.... i Ll> :C.:_........... 19.29,-by the
on 'flee �:�.:__ dai► �
following voft:. :.�. .�.,......._..._...:...
h► Aaerner
AYES: Balsham,.Woolaey, eincer, Vice Mayor Cavanagh, Mayor Hi-lligose
NOES: U
ABSENT: Sobel STAIN: Davis
ATTEST _..._
ity Clef
cat
s;.► aj 8 N No ..9.Qr. b.6..... N.c:s.
I
f8 0ECOT), VE DATE
OF -.ORDINANCE
'SEP 5 1990
ORDINANCE NO. 1810 N.C.S.
Introduced by, Councilman
seconded by Councilman,
Larry Tencer Vice Mayor Cavanagh.
9
AM ORDINANCE AMENDING ZONING"ORDINANCE NO: 1072 N.C'S.
BY RECLASSIFYING, AND REZONING ASSESSOR'S PARCEL
1 NUMBER' RECLASSIFYING
37-06049 KNOWN AS- GLENBROOK SUBDI
VISION
SION
FROM PCD (PLANNED CO DISTRICT) TO PUD
(PLANNED UNIT DISTRIC'-ft - - - '-BOULEVARD NORTH,
), LOCATED ON ELY
-NORTH OF CAP ON
CREEK
BE. IT ORDAINED BY THE.
COUNCIL, OF THE CITY OF PETALUMA AS
FOLLOWS -
Section!. The City Council., finds that the Planning Commission filed with the.City Council
on June 26, 1090, its report asset forth:in its minute
s 12, 1990 and June 26, 1990,
recommending the' adoption of an amendment .to Zo ,Zoning, Ordinance No. 1072 N.C.S., by
reclassifying and rezoning- Parcel Number 137-060-,19 from PCD to. PUD:
(Planned Unit District).
Section 2, The City Council further finds that said Planning Commission held a public
hearing .on said proposed amendment 'Zoning Ofdinanc N "1072 N.C.S., on I june 12,
X to oning e o
1990 and June 26 1990, after ,giving notices of sa-id. hearing in the manner, for the period
and ir.i the fofm, required'by�.said Ordinance No. 1072 N.C.S.
Secti n Pursuant to,Ahe- provisions of Zoning, Ordinance No: '1072 N.C.S:, the' City
CQuiacff fiiids1hat 'the` proposed amendment is'.in general, conformity with the Petalurna
Generat PlaA, and fiirth _ that the -public interest, convenience andgeneralwelfare will be'
furthered by the pr9posedamendment.
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 accordance with the: findings made, the
CityCou'nckhereby: adopts amendment, to said Zoning Ordinance No. 1072 N.C.S,.,so as to
.j
ORI). 18 1,8 N C S''
Ord, 18.10 N.C.S:
VIT, TURT. I
reclassify and rezone said property 'here iinbefore referred to in accordance With the,
-recomm6ndati6n, of the Planning Coirnmi's'skon
-Section 5. The City .Council finds that the ;requirements of the Cdlifornia'Environmental
QualifyAct Guidelines,, and Section 15081 have been satisfied, through the preparation and
certification of the Corona/Ely'Spe6fic, Plan Environmental Impact Repoitin which the
anticipated specific. impaias have been Adequately identified and mitigated through the
adoption of specific: conditions of approval, applicable to the proposed Glen' Brook project.
Section 6. The City, Clerk, is .hereby .directed to. post this Ordinance for the, period and in
the manner required by the City Charter.
Section 7. If any -,section, subsection,, sentence, clause or phrase or word of this ordinance is
for any, reason held to 'be .,unconstitutional by la court of competent s juri diction, such
decision shall not affect the; validity of the remaining. por-tions,"of this ordinance. The City
Council of the City, ofPetaluirna hereby declares that it Would have passed and adopted this
ordinance =and each and all provisions thereof irrespective of tho fact 'that-, any one or more
of said provisions' -be declared, unconstitutional:
INTRODUCED,and ordered Posted/Published this- 16'th day of July 1990.
ADOPTED this 6th day:of Aujtd-st 1990, by the following,votd:
AYES: Balshav,,- Woolsey, Tenceri Vice Mayor Cavanagh, Mayor Hilligoss
NOES:
ABSENT: -Sobel
ABSTAIN" Davis
glenbrk cduncil2
0,RD. 18,
nX,51BIT
.AFPk6V_ED,
Ord. 1810 Y.C., - S!'..
rxeso utibn N®. 90-265 N.C.S.
of the City of Petaluma.. Cafi,fornia
1
2 RESOLUTION APPROVING THE UNIT DEVELOPMENT PLAN FOR
3 GLENBROOK SUBDIVISION, AN 83-UNIT SINGLE-FAMILY
4 RESIDENTIAL DEVELOPMENT LOCATED ON° ELY BOULEVARD NORTH,
5 NORTH OF CAPRICREEK, APN 137-060-19
6
7 WHEREAS, by Ordinance No. A16 , N.0 S., 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 saidPlanned Unit District; and
13
14 WHEREAS, the City,.Council finds that the requirements of the California Environmental
15 Quality Act Guidelines and. Secti6n:15083 have been. satisfied through the preparation and
16 certification of the Corona/Ely Specific; Plan Environmental Impact Report. in which the
17 anticipated. specific impacts have been adequately identified, and mitigated through the
18 adoption of specific conditions of approval applicable to the proposed G1enBrook project.
19
20 NOW, 'THEREFORE, 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 environment than would be possible under any single
26 zoning disirict'or combination of zoning districts.
F%
28 2. That,theplan for the proposed development, as conditioned, presents a unified and
29 , organized '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 compatibility:
33
34 3. That `the natural. and scenic qualities of the site will', be protected through, the
35 implementation of tree preservation conditions of approval, and that adequate
36 available public: and private spaces are designated on'the Unit Development Plan.
37
ORD. 1818NCS
EXHIBIT
Res. Na.....9.0.-165........ V.C.S.
1 4. That the development; of the subject -property; in the manner proposed by the
2 applicant andconditioned by the City, will not be detrimental to the public welfare,
3 will be in the best interests of'the 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 PUD District is proposed on property which has a suitable relationship to
8 one or more thoroughfares .(Sonoma Mountain Parkway, :Maria Drive) to carry any
9 additional traffic generated by the development.
10.
11 NOW, THEREFORE, BE IT FURTHER RESOLVED that the GlenBrook 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. 1012 N.C.S. as amended subject to the following conditions:
15
16 PUD Conditions:
17 1. Plans submitted at time of application for SP,ARC review shall reflect the following
18 amendments:
19 ELI Redesign of`the Marley Park cul-de-sac`bulb to include a landscaped parking
20 island-.
21 ' b. Adjustment of 'lot lines for Lots 6 7, 16, and 83 to eliminate encroachment
22 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 be relocated. to lots 75 through 83 adjacent to Sonoma
30 Mountain Parkway to achieve periodic. visual relief from 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. Modification of the landscape plan to address. Department of Fish do Game
36 and staff concerns -relative to planting "size and density.
Reso. 901-265 N c.S'.:
EXHI
2
2
3
4
5
6
7
17
34
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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,subdivision.
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 shall be responsible Jor , provision of initial landscaping within its
portion of this,easement.
i. Landscaping within the Sunrise Parkway median designed to be compatible
with adjacent subdivision landscaping and to be visually,. -attractive
(Maintenance of the median island shall be through a landscape assessment
district).
2. Parcels H and 1. of the Sonoma Gateway Subdivision and Lot 9 of GlenBrook shall
be offered for dedication. The parcel southeast of the intersection, of Sonoma
Mountain .Parkway and Maria Drive shall be. offered for dedication. Maintenance
of these parcels shall be through, a. landscape assessment district.
3. The proposed project, architecture shall be modified prior to SPARC review to
develop a. more unique and identifiable exterior appearance, created., through
further variation in, materiiK. setbacks, and/or building form. No 10% unit shall be
required; rather, emphasis Aall be placed on the achievement of sufficient diversity
throughout the project as a whole.
4. Project. CCAR!s shall be subject to staff review and, approval prior to Final Map and
shall include a.tefer6nce to. PUD Development Standards for governing the
following:
hbidinum lot cqvOragej,,minimum :,setbacks height and design criteria for
principal dwellings andzccessory uses and structures, including.feAces.
b;. Iden cid6n, of, options: and/or restrictions applicable to homeowners
relative" to the construction of building, additions,. permitted detached
accessory !structures, or other improVenienis
(i.e.,
, decks, patjbs, spas, pools,
etc.).
C. Garage., conversions shall be, permittad'.... However, provisions for
replacement .of off-strect, coveiedparld4g shall. be required.
1.8 N
EXHIBIT 6
keso. 90-.265 N:.C.:S.
3
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5
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16.
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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, hardscape 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/'ElySpecific 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
space, -conditions.
C. Perimeter wall, creekside,:and interior fencing.design
d. Subdivision entry treatment 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 creekside
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: acceptable to the City of `Petaluma. Cost of formation of the
required Assessment 'District shall be bome by the project proponent, and shall be
assessed at time of Final .Map submittal.
29 7. -All' restoration, erosion:stabilization and, enhancement work eithert,proposed and/or
30 required along the north bank of the Capri Creek eek waterway shall be subject to
n
31 review and approval by all appropriate regulatory ,agencies 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 creek channel if a satisfactory agreement can be arranged for
36 maintenance, .including irrigation, along, the south side of the -creek channel;
ORD.
Reso. 90-265 N.C.S.
b,,.XHlBff4.
11
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33
34
91
otherwise,, payment to the City in an amount, to cover the cost of materials and
installation ,shall be made prior to Final Map approval. Work, shag be completed
e
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, Map
. application. Monitoring program shall, be subject
bject to regulatory agency and City staff
:review and,approval. A sinking fund shall bo. established by the developer prior to
Final Map approval in an amount sufficient, to cover costs of the approved
monitoring program.
Street names shall . be subject
Committee'.0nor 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 bifildingpermitk
a6 Grading,must be certified when completed to indicate compliance with
approved plans,andwillbe. required, for,occuparicy.
b. Soils with mansion index greater t . han 20 requires special design foundation
per Uniform'Building Code 2904(b).
C. Show site drainage and grading topography,.
d. Indicate, all utilities- On site plan.-
e. Verify utilities are, adequate for building (-i.e.,, size of water, electrical and gas
service andsize of sewer.),.,
L Responsible party to sign, Olans.
'g. Submit soils report to verify n design.
y foundatib'
10. -The, foubl*Fing concerns of the -Police 'Department shall be addressed prior to
..,
issuance of�building permits:
a. Ea& house should have a lighted -address number in clear view from, the
publkstreet.
biLan&,daping - -alo ',the: Capri Creek pathway should be designed to� permit
- along
'"the:
by patrol personnel and neighboring residents. Taller tree
is
varieties recommended along the. wallmy.
neties gad, minimaishrubbery,
. oRD.181SNCS EXHIBIT
Reso. 90-265''K.C.3.
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3
4
5
6
7
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18
Timing of `the development and sales of the residential units -is 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 Mari! Drive from the existing :edge of pavement to the row of
houses proposed adjacent to Maria Drive. Grading, landscaping and roadway
improvements along Maria Drive shall minimize _the 'impact 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 Council
approval and recordation of a '(revised) ,development agreement between the
applicant land City which reflects all relevant conditions of tentative map and
developmenvplan.
PUDglen/council-2
V di the po"r an&asffioPft.' ooIIf®rrW upon thisZouncit by the Chalf@P of skidCity.
REFERENCE:- handy okft AM for0uoios _R ution waa introduced and adopted `bY the _ APpro i to
Coua ,l of Ilse CiArd Petaluma at a (Regular)
ot, Ati - 19...:��, bi► t
OII the s�.�.�, �3► _ � a W
following 'vote: .. ` .
City Attdrney
AYES,: Baishaw,, Woolsey, Tencer., 'Vice;" -Mayor Cavanagh;, -Mayor. Hilligoss
NOES-
ABS
ENT: So 1 ABSTAIN: 'Davis
-
ORD.1 818 N C S
CA 10•95 Rea No,'_ 9O 265 Y.G.S.
EXHIBIT -'�6,
EXHIBIT 9, TENTATIVE 'MAP'IS ON FILE IN THE OFFICE OF THE
DEPARTMENT OF COIdIMUNITY DEVELOPMENT