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HomeMy WebLinkAboutOrdinance 1817 N.C.S. 08/27/1990_' { _ ,,- - ,. -•. ,~ :'`T 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 ~~ t ~~ ' s~P 2 s ~9~0 ORDINANCE NO. 1817 N.C.S. Introduced by Councilman Seconded by Councilman Michael Davis Lynn Woolsev AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND ARTHUR CARER, SELMA CARER AND QUAKER HILL BLACKBURN FOR THE DEVELOPMENT KNOWN AS CARER FARMS APN'S 136-120-05, 08, 21, 22, 23 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 Arthur Cader, Selma Cader 29 and Quaker Hill Blackburn, a copy of which Addendum is attached hereto as Exhibit 1 and 30 incorporated herein by reference, is consistent with the General Plan, Corona/Ely Specific 31 Plan, and other applicable plans, policies, ordinances, and regulations of the City of 32 Petaluma. 33 34 Section 2. The City Council. hereby approves the terms and conditions of said 35 Addendum. 36 37 Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and 38 directed to sign Addendum on behalf of the City of Petaluma. 39 40 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for 41 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 42 shall not affect the validity of the remaining portions of this ordinance. The City Council of 43 the City of Petaluma hereby declares that it would have passed and adopted this ordinance 44 and each and all provisions thereof irrespective of the fact that any one or more of said 45 provisions be declared unconstitutional. 1 Ord. 1817 N.C.S. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 INTRODUCED and ordered Posted/Published this 2othday of Augus,t1990. ADOPTED this 27th day of Augus t , 1990, by the following vote: ABSENT: o ABSTAIN: caderfrm /council-4 Ord. 1817 N.C.S. 2 AYES:Balshaw, Sobel, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss NOES: o (~ ~ CL1~E2K - ~~'~ OF pETALU~'~- ~. , ~; P O. BOX 6'1 AGREEMENT TO'~A1~IEND DEVELOPM~EN'I' AGREEMENT ` ~ BETWEEN CITY OF' PETALUMA AND ' . ARTHUR, CARER, SELMA CARER, AND QUAKER HILL BLACKBURN ' ~ (FOR CADE`R FAltN1'S) - , nis tigreemenf amends ,the Development fgreement dated ~farcn 19, i990, between the City of Petaluma ("City"-). and Athur Caller, Selma Caller, and uaker H~11 Blackburn SEP 2 6 1'990 ("Developer"): The effective date of~this agreement is RECITALS: A. On March 19, 1990, City and Developer entered into a Development Agreement, a copy of which S attached to thisAmendment as Exhibit Ar (the "Development Agreement"). ~o /~ e ~®® ~ ~7~ ~0 ~ ~~ l ~i ~o B. City and Developer :wish ;to amend the Development Agreement. C. On August 14, :1990;, the City of Petalurna's Planning Commission held a public hearing on the amendments; contained in this Agreement after notice as required by ' law. D. On August 20, 1990,_ the City of Petaluma's City Council held a public hearing on the amendments contained in this Agreement, after notice as required by law. E. City and Developer ,intend that when thss ,Amendment is executed by City and Developer, it will satisfy the adopted or prgposed condition of the tentative subdivision map for Develope's property which` reads, "Tentative Map%PUD approval `becomes effective upon City Council approval and recordation. of a (ievised) .Development ..Agreement between the applicant and City that reflects . ,. condi"tions 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 Tower and moderate .income housing on land, dedicated to the City of Petaluma for that .. purpose within the Corona/Ely Specif c Plan Area. ` . ~ - 1 ~i~'~.1~1'~'NC G. Developer has asked City to extend' the term :of the .Development Agreement for a term of one year, and City desires to do so because: 1. Completion of Sonoma;Mountain Parkway has `been substantially delayed. 2. Water Pressure Zone. 4 improvements will not be completed until 1991. 3. Extending time fore construction of houses under the Development Agreement may delay generation of a significant amount of traffic until after the Rainier overcrossing improvements at Highway 101 are commenced. 4. Conditions in the. Corona/Ely Specific Plan area and environs have not changed significantly; hence, the adopted EIR still adequately addresses project impacts for the additional year. NOW, THEREFORE, City and Developer agree to amend the Development Agreement as follows: Additions =italics Deletions = st~~e~rts 1. Amend Title, page 1, to read: "DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF PETALUMA AND ARTHUR. CADER, SELMA CADER, AND QUAKER HILL BLACKBURN FOR TI=IE DEVELOPMENT KNOWN AS .CARER FARMS, APN 136-120-05, O8; 21, 22, 23 2. Amend Recital, Section F,;p' age 2, to read: "F. Developer wishes to develop a .large-scale, phased development ("Project") generally described as follows: a planned residential district totaling ~~8 201 dwellings." 3. Amend Section 1.2, page 4, to read: "The term of this Development Agreement shall commence upon the effective date of the ordinance apgrovmg this Development. Agreement and shall continue until March 22, 1998, (eight years) (~-yea~s~ unless extended or earlier terminated as provided herein:" 4. Amend Section 2.2, page 5, to read: 2.2 Rules. Regulations and Official Policies. (a) This Development Agreement and the rights of Developer to complete construction of the Project pursuant to this Development Agreement shall not be affected by any subsequent ordinance, ~~~~.1817 ~ C S 2 resolution,. policy, plan, 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 prohibit or delay .the construction, or the issuance of such permits or ~appr.ovals as may be necessary for the. construction, of such buildings or other improvements for a period or periods of time. 5. Amend Section 3.1.6(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 atwee-eigl}t {~8) thirty (30) unit townhouse development for sale as affordable housing. Developer shall Kaye the option to deliver complete units (turrikey) to the City or to a nonprofit corporation the City selects." ~ . 6. Amend Section 3.1.6(3), Affordable Housing, 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 Specific Plan. iJ~ts ~~:~-©€-~ Ag~rxe~: -~let~s-~s~~ $tto~ble-ts~g~l~~~©t~t aga~st ~b~~st-de~e~©p~e~a~-ye~F-sl~ewn-i~~Fag€i-3.~:~;-Feg~~dless-©€-the y~a~~f-e~~st~eti©r~:--' 7. Add to Section 3.1.7 (Developer Obligations), page 9: "Developer will erect project perimeter wall along Sonoma Mountain Parkway at earliest feasible point during first phase of consfrccction " 8. Amend Section 3Z 3(a), page lU, 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 ~At191991." 9. Amend Section 3.23(c), page ll, to read: "(c) City .agrees to permit _ development of properties, including . construction of dwelling units, affected by limitations m water pressure until construction of Water Pressure Zone 4 is completed, provided ~~L~.~.817NCS 3 an interim water system satisfactory~to the City Fire Marshal and City Engineer is constructed for use during ,the construction period until Water Pressure Zone 4 becomes. operable. Certificates of Occupancy will' not be granted to units dependent on Zone 4; however, until such .time as water pressure is satisfactory- to the City. Properties not dependent on mater Pressure Zone 4 shall not be subject to this P~'a~aPh- ~~ 10. Amend Section 3.2.5, page 11, to read: "3.25 Allotments. City agrees to grant Developer allotments on an annual basis according to the following schedules: 1990 68 1991. ~ 45 1992. ~ -~4 51 1993 ~ -~~ 37 1994 -?~ -0- i 1995 -0- 1996 =0- 1997 -0- Developer shall: be exempt from the allotment forfeiture provisions as set forth in ;.Chapter 17.2b of the Petaluma IVIu_nicipal 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. 1~-a~~~+ea~ ~-~ii'e~-{~~-~t~l-~x~tbe~ o€ Eit~-vide--~~let~e~t---retests---is-=-less---€ham---t~---~n~F--~€--~vva~ilable diseretiona~-ado€firer}ts;--Develepe~-ma=y--apply--€o~--addi~c~tal -all~n~ts t~xgl~-{fie-~ta~da~d-,al~t~rent--a~pl~a~t~~r--gt~edt~e:---The allotments granted herein are. subject to the final number of units approved by the City after project review and approval and.. does. not constitute approval of any project or series of projects nor .does the .granting of said allotments guarantee that the project will be approved for the same number. of units as allotments granted. Dwelling units .built on land .dedicated to the City of Petaluma, for the purpose of providing lower or moderate income housing shall not be subject- to the maximum units allowed ins this Section_,32.5, such units, and the allocations for them, shall be separate from the allocations set forth in this. paragraph: . 11. Add Section 3.2:7, (,City Obligations)..; page 12, to ready "3.2..7 Sonoma Mountain Parkway Construction.' .Neither City nor .Developer shall. commence construction on Sonoma iYfountain Parkway which .would significantly impair traffic on Ely Boulevard until improvements to McDowell Boulevard North, commenced in August 2990, are, sufficiently complete to allow free traffic movement on and about McDowell Boulevard North as determined by .the City' Engineer. Nothing in this paragraph shall` prevent Developer from commencing construction of public or private improvements, ~iaa~. ~ 8 1 8 1~ l~ 4 including dwelling: units, nor shall it apply to work on improvements for Water Pressure Zotte 4. " 12. 13. 14. Amend Section 3.4, page 13, to.read: "3.4 The City and DeveYo~er .agree to amend this Agreement upon approval of the Project by the City in order to incorporate all .conditions of approval herein. Conditions of approval and all findings pertaining thereto adopted by the City through tentative. subdivision rnap, rezoning or development plan approvals are or will be attached to this. Agreement as Exhibits 6, 7, 8 and 9, which are., further dentifed in paragraph 9:5. :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. " 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 fhe, previous year(s) (i.e., two years or more are required to capture all unbuilt units from a gcven year),.. provided that no more t{ian 450 building permits may be issued in the entire Sonoma: Mountain Parkway Assessment District in any calendar year. Amend Section 7.2, page 19, to read (in part): "7.2 Mortgagee Not Obligated. Notwithstanding the provisions of, Section 9:~ 7.1 above, ... " 15. Amend Section 9.5, page`23, to read: "9.5 Entire Agreement. This. Agreement is .executed. in four (•4)' duplicate originals; each bf which is deemed to. be ;an original,.. This Agreeirient consists of .forty-four (44) pages, including. the recitals and exhibits, which constitute the entire understanding and agreement of'the parties: Exhibits "1" Descnption of Property; Exhibit "2"~. Sonoma:Mountain Parkway Description; Exhibit "3" Participation Schedule; Exhibit "4" Schedule of Development Fees; Exhibit''S" Affordable .Housing .Site; Exhcbtt "6" Resolution approving'Tentative Map; QD -~ 9 ~ tiG.S Ezhibct "7" Ordinance rezoning property to PUD,• / ~D ~3 /1~ G S Exhibit "8" Resolution. approytng PUD development plan; ~Q --l ~~ iU~ Exhibit "9" Tentative Subdivision Map. py ~~,~L-' lip/ . C iT S~ i°~ ~ ~U ~v / itJC~ s ~'~'~.~81~'NCS 16. In all other respects, the Development .Agreement shall be unchanged and shall remain in full'force grid effect. 17. This amendment shall be .effective for all purposes upon its execution by the City and Developer. CITY OF PETALUMA A Municipal Corporation ~ / By: _~ l~ ~~ ~ ~ ~ Appro ed as to Form: .- B~ .,. B' QUAKER HILL BLACKBURN, a California-General Partnership ,, x~ ~~ ~ ;: Qllal{er Hill Development Corpor tion ~'~~-t'-~-:-~_ f~ , ,, L l L By: /f c ~ - ur ~ a et e ma a er ~ACI~NOWLEDGEMENT CC 1181 (7) STATE OF CALIFORNIA ss COUNTY OF SONOMA On this /~~''~` day of before me; atrrcia erriard,, i ii cur ~ . person y to e ~t e mdividti~ instrument, and_ acknowledged that /they who executed the wi~thiri instrument. ~ atricia 199 appeared use :name(s) `/are subscribed to this it.a~,{i knov~ to me to be the person (Individual) ~~~- ~ 8 1 ~' ~ C Attest: ity er '~ ~ ~ CC~ `1~18~1 ~~~)._ = STATE ,OF CALIFORNIA ,, . ) ss ' COUNTY OF SONOMA ) ACKNOWLEDGEMENT ,, . ' On this / 5-rh day of d~ ~ ~r~ .._ 199!0 „ before me, Patricia E. _ Bernard, City Clerk, City of ;Petaluma, personally appeared ~ ~ _ ~ ,~`- ' /1~ 0(1~' ersonally known to .me T^~Pd ,,,P ^ ka'cic of ca?'icfa~tnn~ P.n.; P '~-P-~-- ~---.---r-. ~a~?=e~ to be the person that executed this instrument, on behalf: of the p ership and' acknowledged to me that the partnership executed i't: i~~ ;u. 1~ 8 1 7 'v i~, S atncia t. ,Bernard; gray CC 1181 (7) STATE OF CALIFORNIA ss COUNTY OF SONOMA On this ^/ `~ _day of ~~%~~[--~~ , 199 before me, Patricia E. Bernard, City Clerk, City of Petaluma, per ovally appeared ~/~/~ D.C°,l~E/ZJ ~6~,i personally known to me to be the ,2~5/~~ti of the Corporation Ghat executed. the within instrument pursuant to its by-laws or a resolution of its Board of Directors. .(Corporation) CC 1181 (7) STATE. OF CALIFORNIA ss COUNTY OF SONOMA cia ernar rty . er _ . ~Ktb. 1 817 N L S AC:OEDGE~MEN~ On this ~ day'of ~~'TO ~~. ,; ,1'994, before °me, Patricia E. Bernard, ~;rty er c, qty of; etaluma, person y appeare ergpersonally known to me to be -the City Manager of the City of Petaluma and .known to me to be the person who executed the within instrument on behalf of the C' of Petaluma and acknowledged that the City executed the same. ~ ~ (City Manager, City) 4~'~~.1 ~ 17 N ~C S EXHIBITS # 1 - S. ARE INCLUDED IN O. R. 90-34273 recorded 4/5/90 ORD.1817 ~V C S EXHIBIT 1 ro 5 . ~ Res`oluti®n: No: .90-194 N.C`.S. of .thy Citti' ca_f :.E'e~tc~Illr~1~. ~C~alirtor~~i~t 1 2 3 RESOLUTION APPROVING TH'E TENTATIVE MAP FQR THE 4 CADER FARMS SUBDIVISION; A 124.=,LOT,RESIDENT`IAL PROJECT . 5 LOCATED ON' SONOMA •MOUNTAIN PARKWAY' AT RAIN-IER AVENUE, 6 AP `NO.'S 13'6-120-05, 1'8; 21-23 7 ~. 8 ~ WHEREAS, Quaker Hill Development; as 'subdivider on behalf of ,owners Arthur and 9 Selma Cader; has :filed with this Council a tentative map to subdivide land within this City 10 to be known as Cader Farms Subdivision, and has paid all required filing fees; and, 11 12 WHEREAS, the City ;Engineer,. the Community Development.`Director, and the Planning 13 Commission have examined and :reviewed the same as required by law and all reports, 14 recommendations, and comments thereon have been forwarded Ito and considered by this 15 Council at its meetings held on June, 4, 1990. 16 17 NOW, THEREFORE,. BE SIT RESOLVED that this. Council hereby'fnds as follows: 18 Tentative Ma Fn inding~ ~ . 19 1. The proposed subdivision,, as conditionally approved,. together with provisions .for its 20 design andimprovement;~ is consistent with the General Plan and Corona/Ely 21 Specific Plan objectives,.policies,.general land uses'and programs. 22 2. The site is physically suitable for the type and density of development proposed, as 23 conditionally approved. ` 24 3. The design of the .subdivision and the proposed' improvements therefore, as 25 conditionally approved will not cause substantial environmental damage, and no 26 substantial or avoidable injury will occur to fish and/or wildlife or their habitat. 27 4. The design of the: Subdivision ,and the type of improvements proposed will not . 28 conflict with easement, acquired by the public at large, for access through or use of 29 property within,'.the proposed subdivision: 30 5. -The design of the Subdivision. and the .type of improvements proposed, will not 31 conflict with easements, acquired by the public at large,: for access through or use of 32 property. within• the proposed subdivision:., 33 6.. The discharge of.waste from. the proposed subdivision into the existing.. community 34 sewer system will. not result in violation of the existing requirements prescribed by 35 the Regional Water Quality Control Board'. 36 ~~~~. ~ -817 '~ C S . - .:` .~ 90-194 ~ - 1 Res. Yo . ................:.......:.:.:.N.C:S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BE IT FURTHER RESOLVED,. based on the findings set forth above, that the above referred to tentative map, be and the,same:'is hereby approved, subject to the conditions set forth below and incorporated herein as follows: Tentative Map Conditions: 1. The subdivider shall comply with the following. requirements of the City Engineer: a. The developer shall comply with the Petaluma Municipal Code Section 20.36.010 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. b. The streets, utilities within the streets and storm drainage improvement are proposed fb be installed with the first building phase. It is recommended the first final map- dedicate all these improvements and all future lot areas be labeled as remainder. c. A one foot non-access easement .shall be required along Sonoma Mt. Parkway (formerly Ely Blvd.). d. Temporary emergency turn-arounds shall. be installed as required by the Fire Marshal, on all street stubbed out for future extension. e. Sanitary sewer;shall not be designed in a curbed alignment without the use of a standard manhole. f. All street lights: used within this development shall have standard metal fixtures dedicated to the City for ownership and maintenance. Prior to City acceptance, the developer shall verify all lights meet PG&E's LS2 rating system. (subject 'to potential change, if alternative operation and maintenance methods are adopted) g. As required by the City Water Department,' the existing wells located in the remaining lands (Tentative 11Rap, Sheet, 1 of 2) shall be dedicated to the City at the time this remaining parcel develops. If, after appropriate testing of the wells, the City decides to reject the offer of ,dedication the owners/subdivider shall abandon them in accordance with. County standards concurrent with development of these lands. \ h. ~ Signing and stripping shall confortn to City standards. i. Street "J" and Street. "H" to its intersection.with Rainier Circle shall consist of a 4>~' foot right-of-way; 32 foot face of curb to face of curb as shown on the Tentative 11Rap:typical section. j. This development may be dependent upon utility improvements to be installed by adjacent developments. Appropriate calculations shall be ~~D. 1 8 1. 7 v ~~ S Reso. 90-194 N.C.S. ~ 2 ~ ~~ 1 subautted to verify their adequacy.: If off-site improvements -are required as 2 determined by the City=,Engineer, they 'shall be installed concurrent with 3 these. mprovernents: 4 k. This development shall pay'a pro-rate share of the costs of proposed five year S capital. 'improvement program, provisions for expansion of the Wilmington 6 Pump Station, fee subject to staff determination. 7 2. The following conditions of the Fire IViarshall shall be met: 8 a. Fire .hydrants shall. be located as required' by the Fire l~larshal. Sixteen 9 hydrants are required. as `listed: 10 1. On `street "G" on parcel "C" and project line. 11 2. Property line between Lots 54 and 53. 12 3. South curb return of Lot 23. 13 4. West curb return of Lot 98. 14 5. North curb return of Lot 106. 15 6. North' curb return of Lot 66. ~~ 16 7. North curb return of Lot 65. 17 8. Property line between .Lots 28 and 29: 18 9. Property line between .Lots 89 and., 90. 19 10. East curb return of Lot 79. 20 1 L Property ine' between Lots 46 and 47. 21 12. South curb return. of Lot 36. 22 13. East curb return of Lot 113. 23 14. Property line .between Lots 109 and 110. 24 15. East curb return of Lot 75. 25 16. West curb return of parcel "A" at Street "J". . 26 b. Fire flow shall be as required by Fire Aifarshal cannot be calculated- without 27 building site plan: and ,size. 28 c. The 28 foot width roadway should be widened to 32 feet curb to curb to 29 permit parlgng on both. sides. 30 d. All roof `covering and exterior wall covering shall have minimum Class "B" 31 fire rating. 32 3. The subdivider shall comply. with requirement's; of the public utility agencies and the 33 City Department of Public Works, prior to~Final ARap,approval. 34 4. Dedication ~of park.. site, school site, and urban separator shall be completed in 35 conjunction and concurrently with the approval of the Unit. 1, Phase 1 Final Map. ~~~.1s17~vr,s Reso. 90-194 N'.C;~,.S. EXHIBIT 1 5. Street names shall.. bc: ~ subject to approval of the Petaluma Street Naming 2 Committee prior to Final :Map approval. 3 7. .All landscaping and''irrigation .systems 'within the public right-of-way, street tree 4 planting strips and. landscape islands, shall be maintained. through an Assessment 5~ District, subject to approval of the City Cburicil :concurrently with the approval of . 6 ~ the Final Map. Landscaping and irrigation systems' within the public right-of-way 7 shall be ~ designed to standards acceptable to the City. of Fetaluma. Cost of 8 formation of the. required Assessment District shall be borne by the project 9 proponent. Street .lighting operations and maintenance shall be incorporated into 10 the Landscape/Lighting Assessment District, subject to staff determination prior to 11 Final Map approval. 12 8. The Tentative Map shall 6e' 'amended prior to submittal for Final 'Map review and 13 approval to reflect all applicable modifications required under the PUD Conditions 14 of Approval. -Said map amendment shall meet specifications of the City Engineer 15 and Community. Developer Director and shall. also incorporate any SPARC 16 conditions of approval pertinent to-the map. 17 9. The proposed grading plan.and street layout (particularly Street "I"), shall be revised 18 to reflect substantially less grading and retention of the natural gentle slope of the 19 site, particularly in the, vicinity of .rear lots on Lots,.27=3'1, 32-34, 42, 51-57, 67-74, 96- 20 97 and 122-123 to ah extent. possible, subject to SPARC review and approval. 21 10. The following Parks and Recreation Commission requirements for the park site 22 development, shall be followed: 23 a. No placement of extensive fill on park site, generally flat or gently consistent 24 grading shall be provided. 25 b. Turf and irrigation shall be provided within 'the park site, subject to City staff 26 review and approval. 27 c. A, sewer stub out shall be provided to the park site,. location subject to City 28 staff review. and... approval. 29 d. All park 'improvements (ecg. grading,. utilities, etc.). shall be subject to review 30 and. approval df `Parks -and' Recreation Director. 31 32 11. A bus pullout: and shelters .shall be provided at the intersection of Rainier Avenue and 33 Sonoma Mountain Parkway, per the ,ultimate design of the City selected landscape 34 architect, subject. to City staff :review -and approval. 35 12. Revised, curb to.^curb street sections shall be provided to allow parking on both sides 3b of the residential .streets (two 9' travel. lanes,. two. ~T parking .lanes), including the ~fi~.~~~7~~5 y~ Reso. 90-194 N.C.S. 4 1 3 4 S` 6 7 13 14 1S 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 33 34 35 provision of street tree planting strips. andsdewalks, as deemed appropriate, subject ` to staff .review and approval, prior to Final Map approval. 13. This development~`shall be subject 'to all appropriate development_ fees,. and on and off=site. improvements. as set forth. within, the adopted Development Agreement or any subsequent amendment. thereto: 14. The tentative map shall be amended to provide tree preservation of existing mature trees. .Options .could include; but are not'lmited to lot reconfiguration, increased setbacks,. u~t redesign, recordation of tree easements and deed, restrictions to insure preservation and maintenance in perpetuity, subject to SPARC review and approval. 15. The tentative. snap shall show the gateway entrances to the High Amenity Area as "under study". ~ Exact location of these. entrances shall be approved only. upon the .approval of a Tentative 1VIap for the high Amenity Area. 16. An. alternate lotting and .circulation pattern shall:. be provided for Lots 107 through 112 to eliminate backing; out of driveways onto Rainier Circle, as illustrated in a .revised PU~D Development Plan received ~ by the .Community Development Department on May 2, 1-9:90, subject to SPARC review- and approval. -Additional substantial landscaping shal!1 be provided by .the developer, along the street side garage elevations; subject to SPARC review and approval. 17. A second access to Sonona~ Mountain Parkway shall, be maintained for emergency access purposes until such, time as the loop of Rainier Circle is completed, subject to staff review and. approval. 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.. 19. Sonoma Mountain .Parkway streetscape improvements (landscape, soundwall .and entry treatment), for the entire frontage of the ,project site, shall. be completed by the developer: ~ Design shall be consistent with. the adopted Sonoma "Mountain Parkway ;Design Plan, .timing of.improvements shall be subject to City staffs determination.; 20. All hazardous' materials (as recognized. by the City Fire Marshal) utilized on the construction: to shall be kept within a fenced, locked enclosure; aubject to review and' approvah of City staff. 21. A buyer's acknowledgement document shall be ;prepared by the developer, subject to City staff":review and approval, that identifies."the existence and location. of the. ~~,~ ~•. 1 8~ 1. 7 ~ (~ S Resa.. :90-194 N.C,:S.' . - 5 1 planned non-profit hou"sing project.. The document shall . be included in ~ the .sales '2 disclosure documents -and require signature of the `buyer. . 3 4 'S' TMcader /council'=3 U_nder.the powerand authority conferred upon this Council by. the Charter.of,said City. REFERENCE: ,I ,hereby certify the :foregoing: Resolution .was introduced and 'adopted by_ the Approyed'as to Council=of the~City of`Petaluma at~~a (Regular) (A4~d4tDtA~t(.~c meeting' ~~ ~ o oa<the'.. .1.8th:....... day of ............... ...J:u~e........ ............., 19.~Q., by the following vote: . .....: ... .....................•--- C ty Atf ey AYES: Tencer, Woo sey, Cavanagh, Davis, Vice Mayor Sobe-1, Mayor lii.ll_igoss NOES: ~ ABSENT r Ba j s'haw ATTEST: _.. .:: L~~yC.ILIL-.[.Ge[/..4~i~~...,.... ...............:....,: ity Clerk `_ c~ io~es Res: vo.:..:90.,, l.g[F....... ~.es. ExxaBiT~ r . ' 9'l.+.U~.'i.r'ie . ~.d L 18 ~- ORDINANCE NO. 1803 N.C.S. Introduced by Councilman . Seconded'by'Councilman 'M`ichael Davis, John Balshaw AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 NCS., AS AMENDED, BY RECLASSIFYING°AND REZONING ASSESSOR'S PARCEL NUMBERS'.~136-,120-05, 18, 2`l THROUGH 23FROM PCD TO PUD BE IT ORDAINED BY THE COUNCIL OF THE '.CITY OF PETALUMA AS FOLLOV6/S: i n 1. The City ,Council •finds That, the Planning Commission filed with the City Council on June 4, 199U, its report as set ~ forth in its minutes of Ma~y 8, 1990 {File No. 3.409), recommending the adoption of an amendment to'Zoning~ Ordinance No. 1072 N.C.S., as amended, by:reclassfying and rezoning.certain lands being more_particularly described as Assessor's Parcel.Numbers 136-120-0$, 18, 21 through 23 from PCD (Planned Community District). to SPUD' (Planned Unit District). Section 2. The City Council further finds that said Planniu~ Commission° held a public hearing on .said ;propoosed amendment to Zoning Ordinance ~ o. 1072.; N.C,S., as amended, on May 8, ~1990';after giving notice of said hearing. in .thee manner, for. the period and in the form required by said Ordinance No. 1072 N.C.S., as amended.. S ion .Pursuant to the provisions of Zoning Ordinance. No..1072 N.C.S., as amended, ., :the City .Council folds the proposed amendment. in geneal conformity with the Petaluma General Plan. -and `the' Corona/El~r Specific .,Plan, and further, that the public interest, convenience and' general welfare will. be furthered by the proposed' amendment. n 4.. Pursuant to-the. provisions of Zoning Ordinance No. 1072 N.CS , as arnend`ed, and based u on `the evidence rt has received and in accordance~with the findings.:made, the ty ; "` y ~; p amendment to said Zoning Ordnance No. 1'072 N.CS. so as to Ci Coun hereb ~ ado is reclassify- and. rezone said` property hereinbefore referred _ to in accordance with .the r;.ecomrnendation of `the Planning Commission. Se i n ~.. The. City Council finds ~ that the. requirements of California Environmental Quality ~ Act 'Guidelines, .Section, 15083 -have 'been satisfied° through the, preparation and certification of the Corona/Ely Specific Plane. Environmental Impact. Report m which the anticipated specific impacts _ have- been adeqquately identified and mitigated through the adoption of specific .conditions of approval applicable to the proposed Cader Farms project. ~~H'~.1 81 'a' `~ (~~ Ord. 1803 N.C.S. f ~ 1 ^ i 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 i n: .The City Clerk is Herebydirected to~;post this, Ordinance for the period and in the manner required by the City Charter. . IF ANY SECTION, subsection; ~sentenee, clause ~or phrase or word of this ordinance is for any. reason held to be unconstitutional by a court of competent jurisdiction, such decision shall. not affect the validity of'the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have .passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be. declared .unconstitutional. INTROD~TCED and ordered Posted/Published this 4 r.h day of June , 1990. ADOPTED this igth day of - June , 1990, by the following vote: AYES: Tencer,~Woo sey, Cavanagh, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES: o ABSENT: Balshaw ABSTAIN: ATTEST: i ity er ordcader / council3 Ord. 1803 N.G.S:. 2 Eyj~~.~.1~17NC~ ~, ~~ ? ~ { Resof ut,ion ~I~o. - 90-193 N.C.S. ~t the Cit`~.nf w~t~~l:un~~. C~lifor~~i~~ 1 ~~ 2 3 A RESOLUTION,APPROVING'`THE.:UNIT'DEVELOPMENT PLAN __ 4 FOR: CADER F-•ARM_S, A 29.T ACRE PROJECT OF 124 DETACHED 5 SINGLE.-FAMILY HOMES LOCATED ON SONOMA MOUNTAIN PARKWAY 6 ~ AT RAINIER AVENUE (AP NO.'S 136-120-05, 18, 21-23) 7 8 WHEREAS, by Ordinance No. 1803 ~ N'.C.S.,'the project site was .rezoned to Planned 9 Unit Development (PUD); and 10 11 WHEREAS, by action taken on May 8, 1990, the Planning Commission considered and 12 forwarded a recommendation to the- City Council on the Unit Development Plan for 124 13 single-family homes; and 14 15 WHEREAS, the City Council finds that. the requirements of the California Environmental 16 Quality Act Guidelines and Section 15083 have been. satisfied through the preparation and 17 certification of the Corona/Ely Specific Plan Environmental Impact Report in which the 18 .anticipated specific impacts have been adequately identified and' mitigated through the 19 adoption of specific conditions of approval applicable to the proposed Cader Farms 20 project. 21 22 NOW, THEREFORE, BE IT RESOLVED that. the unit development plan. for Cader 23 Farms is hereby approved pursuant'to Section 19A-504: of Zoning Ordinance 1072 N.C.S., 24 as amended; and,. 25 26 BE IT FURTHER RESOLVED that the City Council hereby adopts the following 27 findings: 28 29 1. That the development .plan as conditioned, results 'in a more desirable use of the 30 land, and a better physical environment: that would be possible under any single 31 zoning°district or combination of zoning districts. 32 2. That the plan for the proposed. development, as conditioned, presents a unified and 33 organized arrangement of buildings and service. facilities which are appropriate in 34 relation to adjacent and nearby properties and associated.. proposed projects and 35 that ad'e_ quate landscaping and/or screening is included if necessary to insure ' 36 compatibility. ~~ x.18 ] 7 ~ f' c ~~ ~ //- T Res. Vo......90.7.1'.9.3,..... V.0.S. 1,.• ] 3. That the- natural and: scenic qualities of the site will be protected through the 2, implementation of aree ~ceservation :co-idit~i"uis of approval, and that adequatz 3 available pub.c:and pri;~ate sp~-c~~s a~e,c'e:;ignatc~.cn the Unit Develo,pmert Pan. 4 4. That the .develi,pmer,t of the suljcct' pro~er;ty, in the manner proposed by the 5 applicant and cor;ditioned by the City, wild ..not be eletrmental to the public welfare, 6 will be in tl'~e best interests :of the City .and will be in keeping with the general intent 7 - and spirit of the zoning regulations of the City of Petaluma and with the Petaluma 8 General Plan. - 9 5. That the PUD District is proposed on property which has a suitable relationship to 1 Q one or more thoroughfares (.Sonoma ,Mountain Parkway -and .Rainier Avenue) to 11 carry any additional traffic generated by the development. 12 13 BE IT FURTHER. RESOLVED that -the City Council approves the unit development plan 14 subject to the following .conditions: 15 16 1. Prior to SPARC review, the PUD Unit D.evelopment.Plan shall be amended to: 17 a. Provide, street tree: planting strips ;between back of curb and sidewalk on all 18 streets. ' 19 b. Nlodifi.;ation of untlay~ut where adjacent t~ existing mature, healthy tree(s) 20 ~ to provide for and protect the hearth cif' the trees, as recommended by a 21 professional' arborist selected by the City,`prior. to Final .Map approval. Cost 22 shall be borne:.,by the applicant. 23 c.. Modify unit layout pattern to provide a greater variety in front and side yard 24 setbacks, subject to review by the' Planning Commission prior to SPARC 25 review. 26 2. PUD Development Standards -shall be developed, subject to ,staff review and 27 ~ approval prior Ito Final Map, to include provisions for governing the following: 28 a. Maximum': Tot .coverage for principal - dwellings and accessory uses and `29 structures,. definition of specific minimum setbacks, per unit type if 30 appropriate. 31 b. Identification of options .and/or restrictions applicable to homeowner's for 32 construction of either .building :additions; permitted detached accessory 33 structures or associated=.improvements (decks, patios,, spas, etc.). 34 - 35 Structural additions are permitted, and shall. be contained within the building 36 envelope, as defined within this PUD and. set forth on the- approved unit d31^~i°.1~17Nt,~ 2 Reso. 90=193 Q.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 development.~plan and subdivision map:; Design shall be in keeping with the .~ approved `PUD ,development. plan, to. staff--review and approval prior to issuance:of.a development permit. - Accessory structures shall be permitted, subject to development standards, prepared by the developer and:'subject to SPARC review and approval, prior to Final l~iap approval. Accessory units shall be permitted, pursuant to applicable regulations within the Petaluma. Zoning Ordinance:. d. Standard's for height,: location and design of ;fencing, as well as maintenance and replacement provisions to conform to the approved PUD plan. - Proposed. fence detail shall be enhanced through the incorporation of special accent. features .(e:g:, substantial- corner posts with decorative caps, lattice height addition, etc.), subject. tg SPARC review and; approval. e. Allowance .for partial or full garage- conversion, replacement of off-street covered parking. f. Rebuilding and%or-- replacement of~ residential. structures shall conform to the approved unit development plan. 3. Project`CC&R!s, if prepared arid' recorded for this project, shall include reference to the PUD Development Standards; subject to staff review and. approval prior to -Final Map approval, 4. All aspects of the proposed development plan..-and tentative map are subject to review by the Site Plan and Architectural Review Committee prior to submission of a Final Map- for checking and approval ncluding,,'but not limited to: architecture, - ~ public and private -landscaping, hardscape surface treatments (delineation of bikeway and.crosswalks) imgation and fencing.. Particular emphasis shall: be placed on SPA~tC review of the following: ~ . a. ><Jnit aclutecture shall be ~divers~ed to include a more. articulated difference between, Plans 3 and 4-'(height, mass, roof angle and:plane). - b. Designation of a lU% unit , to provide substantial. diversity in architecture -from 'the proposed five plans. This may be. achieved by substitution of either . ~Plan~ 3 or, 4 with a completely new unit; subject to review and approval of Planning Commission prior'to'SPARC review. -~ .. -~ 4 . - .. Reso,. 90-193 Q.C.S. 3 ., 7 . 7„ ,,1 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 c. Landscape plan to gcovide appropriate street tree, species, increasing planting frequency' to a minimum; spacing- .of 20'=30',. toward developing a linear tree=lined appearance,. augmented' by accent tree clusters. d. Distinct lighting .fixtures per "the Corona/Ely Specific Plan. Note: A .conflict in recommended conditions ~ of approval exists between community development and engineering departments pertaining to street lighting 'fixture design details. Alternative ways to .address the Specific Plan and operating and maintenance concerns. is being pursued by staff. e. Development standards -for approving Structural .additions and accessory structures. f. Compliance with recommended conditions of approval: 1. Lighted numbers shall: lie provided for each residential unit. 2. Securing devices shall be placed on windows and sliding glass doors. 3. Dead bolt locks shall'be provided on all solid wooden doors. g. Provision of 'a solid 6'wood' fence. for side and rear yards as illustrated on the conditionally approved unit development _ plan: Fence design shall be . enhanced through,. use of :decorative post. and `cap at. corners or other means. Fences shall tie back'to structure, with one side gate, per the approved plan. h. Enforcement of Corona/Ely Specific Plan minimum structure height and setback standards for' properties abutting Sonoma Mountain Parkway. i. Provision of :intersection "chokers" to all extent possible. j. - Resubmission of architectural ,and lot layout. plans to Planning Commission is required. prior to SPAR'C review. 5. The following requirements of they Chief` Building Inspector shall be met prior to issuance of development permits: ' a. Cprading 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 desig"n foundation per Uniform. BuildingCode 2904(b): c. Show site drainage and, grading elevations: d. Indicate all. utilities on site plan. - e. Verify utilities ..are adequate for :building (i~.e., size of water, electrical and gas 'service'and"size of sewer). f. Responsible party to sign plans. g. Submit soils :report to verify foundation design.' h. Any,~structures removed mustbe done-with demolition,permit, . . €~~ ~ ~~.181 '7 N C S Reno. 90-193 1~.C. S. . r;1CHiBI7' 3, i. Any wells abandoned must be done under permit from Sonoma County Health Department. ~~ 6. ~ Construction. raffic hall be 1'irnted. to .use of Sonoma Mountain. Parkway, Rainier Avenue. for access the project site:' . 7. Hours of construction activity :qn the 'Caller Farms site shall be_ limited to the hours of 7 AM to 6 PM, lyionday through Friday-(non=holiday). 8. School buildings and parking shall not be located within the Urban Separator (per the. Corona/Ely Specific Plan). School structures may be placed within the Urban Separator, for a _temporary ,period 'of timing; while construction on the permanent site occurs, subject to City Council authorization. Placement, of temporary structures shall not preclude ~ development. of a continuous• pathway along the urban separator.' PUDcader /council-3 Unde the power~and authority c'onferred4~npon .this Council by-tlie_Charter of eaid,City. REFERENCE: I hereby oertifj-•,tlie foregoing Resolution was introduced and adopted by. the Approved as to Council of tfie,:City of Petalume,:at a (Regular). (. ~ _. )meeting. -- oa. the ::..18kh........... day of ................_...une..._.................._..., 19:911_.. by the following vote: ...:_ ...~ .......:................. i Attorney AYES: Tencer,~ Woolsey, Cavanagh, Davis:, Vice ;Mayor'S'obel,.Mayor Hilligoss NOES: 0 _ t+-B3ENT: Ba is haw - i . ~. ,., AT'T'EST: •-- ............................ ity Clerk `CA 1085 ~..o~... (b~1 FilaQQ._.... o....: ...._ Res. No. .TQ ~~~.M ~'.GS. ' ERHTBIT