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HomeMy WebLinkAboutOrdinance 1778 N.C.S. 11/06/1989FFEGTIV�':.� $ATE OF RDoa-rF'-!---.10E ncft 61989 Introduced by: Larry Tencer ORDINANCE NO. 17V8 N.C.S. Seconded by: Vice Mayor Woolsey AN ORDINANCE OF THE CITY OF PETALUMA APPROVING AMENDMENTS TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND DUFFEL FINANCIAL AND CONSTRUCTION CO. FOR THE ADOBE CREEK GOLF AND COUNTRY CLUB PROPERTY (FORMERLY KNOWN AS MUIRWOOD GOLF AND COUNTRY CLUB) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOU90 7L91210 Section 1. The City Council hereby finds that the provisions of the amended Development Agreement between the City of Petaluma and Duffel Financial and Construction Co., a copy of which amended Agreement is attached hereto as Exhibit 1 and incorporated herein by reference, is consistent with the General Plan and other applicable plans, policies and regulations of the City of Petaluma. Section 2. The City Council hereby approves the terms and conditions of said amended Development Agreement. Section 3. The Mayor or City Manager of the City of Petaluma is hereby authorized and directed to sign said amended Development Agreement on behalf of the City of Petaluma. Ord. 1778 NCS Section 4. The City Clerk is hereby directed to post this Ordinance for the period and in the manner specified by law. Introduced and ordered posted this 16th day of October, 1989. ADOPTED the 6th day of November, 1989, by the following vote. AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor Hilligoss NOES: 0 ABSENT: 0 ATTEST: 1�2111 141-) Cit Clerk D PUTY CITY CLERIC adobe creek 2 LAW1 Approved as to form: Ord. 1778 NCS ecor-4 e Y RECORDED AS THE `REQUEST, OF' AND WHENRECORDED PLEASE RETURN" TO': . e FIRST AMENDMENT TO DEVELOPMENT' AGREEMENT BY AND BETWEEN CITY 07:PETALUMA AND DUFFEL FINANCIAL & CONSTRUCTION CO. FIRST AMENDMENT.TO.DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF'PETALUMA AND DUFFEL FINANCIAL &:CONSTRUCTION CO. 'THIS AGREEMENT (the "First Amendment"), is made and entered into this _"n�day - of 17ec e m:be.c- , 1989, by and between the -CITY OF PETALUMA, a municipal corporation (the "City") and DUFFEL FINANCIAL & CONSTRUCTION CO., a California corporation ("Duffel"). R E C I T A L S" A. In accordance with the provisions of California Government Code Section .658.64, et seq'.1'and.0rdjnance No. 1072N.C;S:°, Article 19.3,, adopted by the City, the City and Duffel entered into that certain Development -Agreement by and between the City of. Petaluma and Duffel Financial & Construction Co. for Muirwood Golf° & Country Club Property dated December 7, 1987 (the "Development Agreement"). 'B. The Development Agreement was recorded in the Official Records of Sonoma.County, California; on January 22, 1988, Recorder's Series -.No. 8.8005149 and runs with, affects and burdens that c_ertain.real .property located.within the City of Petaluma, County of sonoma" State of California more particularly described in Exhibit "A" to the Development.Agreement, a copy of which property description.is attached hereto as Exhibit "A-1". C. Pursuant to Resolution No. 87-1.15, the City approved the PCD Planned Community District Program for the project and imposed certain conditions and restrictions.. A copy of said resolution is attached "to the Development Agreement as Exhibit "C". Subsequent to the enactment of the. Development Agreement, the city has approved a Tentative,Map for Unit No. 1 of the Project by the adoption of'R'esolution No. 88-392 and has approved the Planned Unit Development Plan for Phase No. 1 of the Project -by tie adoption of ,Resolution- Nc. 88-391. The final subdivision map for Unit No. 1 of the Project has been approved by the C-ity and filed. D. Simultaneously with the adoption of this First Amendm_ent., the City by separate resolutions, approving the Tentative Map and.the Planned Unit'Development Plan'for Unit No. 2 of the Project. The parties hereto wish to reflect and document.certain.changes in the concept and scope of the Project and amendments to the.conditions of approval by the enactment and recordation of this First'Amendment.. NOW, THEREFORE', it is agreed by the parties hereto as follows• 1. Chancre . in Name of Project.: The parties hereto acknowledge and agree that the name of the. Project has changed from Muirwood Golf &'Country Club Project to Adobe Creek Golf & Country Club,Project. Any reference in the;-DevelopmentAgreement to "Muirwood Golf & Country Club" shall be deleted and is hereby replaced with the name, "Adobe Creek Golf '& Country Club". 2. Substitution of Exhibits: Exhibits "B", "C", and "D" to the`Development Agreement shall,be and the same are hereby. deemed deleted and, in their place, Exhibits "-B-111, 11C-1" and "D- 1", copies of which are attached' hereto,'shall be deemed to be p inserted in'their place respectively.,Said exhibits, together with Exhibit "A-1", are expressly deemed to be incorporated into the Development Agreement, as -..amended, by this reference as though set out in full herein. 3. Notice of Intention to 'Amend: A Notice of Intention to'Amend the Development Agreement.has been given pursuant to Paragraph ':B of the Development Agreement in the manner provided by California Government Code Section 65867. 4. Recordation: Not less than ten (10) days after execution, of this First Amendment, the Clerk of the City shall record with the Sonoma County Recorder a copy of this First Amendment, including Exhibits "A-111, :'B-11, "C.=1" and "D-1", attached hereto and included herein by reference. 5. In all other respects, the terms, conditions, provisions, obligations,, rights and duties 'of,the Development Agreement, as, `herein modified, shall. be ratified and affirmed and deemed to be in full force and effect. By: S Planning Director Duffel: DUFFEL_ ,FINANCIAL & CONSTRUCTION CO.., a California corporation By JOSEPH Aiii DUFFEL, Prbsident /,z e. r 91_ent Apsroved as : to �ormz `} . Attorne i Att .City Clerk DEPUTY e1Ty CLERK STATE OF CALIFORNIA COUNTY OF :A.CONTA. COSTA .ss. OFFICIAL SEAL MARvyl. COUTURE to NOTARY PUBLIC - CAL'IFORNIA s,, WNTRA iGWA COUNTY 4 My comm. expires JAN _25, 1993 On.this ....3.gth .... day.of... November ................ in the year M1989......... ...........................,.,before me. arvyl Couture ................ , a Notary Public, State of California, duly licensed and sworn, personally appeared ................... .Jo.seph.A,..Duffel and Charles A. MCKee personally known to me (or proved to me on the basis of'satisfactory evidence) to be the person who executed the within instrument as . s;aa�p�s $$ant or on behalf of the corporation therein named and acknowledged to me that such. corporation executed'the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the C i ty. O f L a'f aye t tunty of ............ This document is only ageneral form; which may. be properfor use in. simple Contra Costa . .,.on the dat set forth above in this certificate. transactions and In no way acts, 0/ iSlintended to act, aS.i substitute for Me •.. . advice of an attorney: The primer does not make any warranty enter e*ess or implied as to the — Is" vat" of any provision or.it* suitability of these forms in any specific transaction. Cowdery's Form No. 28 — Acknowledgement to Notary Public — Notary Public, State of California Corporation lC. C. Secs. 1190-1190:0_ (Rev. 1/83) My commission expires.' January 25, 1993 EXHIBIT A=1 DESCRIPTION OF PROPERTY SUBJECT TO DEVELOPMENT AGREEMENT "I %Mt- tea I I proPecty situate Im the. city, of, pets state at coitotIOC descrOwd as EQUOW&I e. JaneaiY 309 1984 In Sock "ahom v"ft Pateel qvi 7950v file 44 353 OR up,, 060-esmi 37o 38 AM 3!® SOMM CWA%YJWw that, paction, cwtalfted In the 0044 to the C1,%Y of it . -06401410,0 jonfta ewnty =1k of Itod, 3 feet in width: jjyInj on tha. Northerly Aide of 'ho 69448tenr line of A =I' mail 1"tweall, casa� A,randi Mad AD& the SwItheass, having a ftserlbed 0,110411 also b"i-RAM at a 6011TO =Octve iD OW4 said: Curve radwa vg 000 foatf, of "tough, a gmttil A" 3S® got.&L joj"1%4 4 end 'It of 90,,- 119 47.14 cost to the qj.fttTj@j t .boAft"North st 33.14 foot .to a 'Pjwk rt We &96 W. 0-45,047 U=r,, ,tUoft of fit 0 "Wivision @too matOW por r ticin '09 the Opet - &Lou "nabon as won as Sm's, map, 04, said, B.Obdivislon 69,09ficia-1 -PA00948,6, rave 13® COunit'noss and gollows, Butotw at 'a pip®Urktiv the 'jut® 90,23A foot O*q ma 'jft&taW' (CaMt�l) "S"d Is' JA fimb, .pipet thince act.h S410 jj,, West, 3ATS 1, feet. 1to a too Pipe$ therbse moulth1s.' 301 Ifeat tha my (9curity) 2613-.0-440% 1p inch pi-pe- w Ant', 1076.7 therm '81aft the, said` um of the -Al mouth goofs to %lie,youit ad bGOL1WL"1O that'. i*9 tim Sontair", tm, the'Vipetal ,o. ty. M RICMM wl" , dod 601, Oa mtrIV Ot Und 3 testt-14 width .64, -%bQ ButhOt-11 side bf U4 p9ates. S"d MOW theveitirly'low at wltMn Aesetibed tb "rA - r - havf ladies Of at r � * -4 AU* I" mr, tot AIM% said iwv atealf am ;%beae Or so td U30040-0it; Oemb S=L&at� a @01'Lv GM� of jkt a -110 of Sye UQ CM &r jonth,'@j OAS, leet 9006, 39 qj tit a "Ut. tbowt4w'th-350 36 SO &.to 17440006 EXHIBIT" B-1 SITE :PLAN" — ....a°oor • � 4 T d Oil /l7 -6411 a cd In - � � n.a •la gy>< � �SiidA 0 Resolution 'No. 88-391 N.GiS. of the City of Petaluma, California' A RESOLUTION APPROVING THE UNIT. DEVELOPMENT PLAN FOR THE ADOBE CREEK GOLF AND COUNTRY CLUB PHASE I LOCATED ON THE' EAST ST-EiE OF ELY BOULEVARD SOUTH, BETWEEN. CASA GRANDE AND PRATES. ROADS WHEREAS, by action taken on November22, 1989,, the Planning Commisision recommended conditional approval of the Unit Development Plan. for the development of a 53_loi:::single-:family residential subdivision. BE IT FURTHER 'RESOLVED that, the - "City Council hereby- adopts the findings of the Planning Commission as its findings as set. out hereinafter: Finding's: 1.The clustered concept, plan clearly 'results' in a more desirable use of land and a better -physical environment. than would be possible under any single zoning district or combination of zoning districts. 2. The proposed P I UD is on property which has, the ability to provide a suitable relationship, to thoroughfares (Ely Boulevard' South, Frates and Cas'a Grande Roads),; and that said thoroughfares will be adequate to carry any additional traffic generated by` the development. 3. ", The plan for 'the proposed ro''osed development will present, a. unified and organized arrangement- ofi.residentlial units which are appropriate in relation 'to 'adjacent or nearby properties and roadways and,; as conditionally recommended for a'pprovalp that adequate public and private-. area landscaping and screening will be included to insure compatibility. 4. The -.scenic 'q-1dalifles of the improved site, will be protected, with .adequate available public and private- spaces designated on the 'Unit 'D6v - elopment Plan, 't hrough, the provision of meandering,'pathways along the frontages- of Casa' Grande and .Frates Roads, and the dedication of Res Na .............................. N.C.S. c. Landscaping shall, be. provided between soundwall and perimeter fences and sidewalk/pathways to soften hardscape. (NOTE: Shown on revised p lan) d. Design details for fencing requirements (front, side and rear property lines, course perimeter, creek frontage). Design for security fencep: when required around spas or pools, design of which shall match or compliment decorativeiron picket perimeter fence - detail,. e. Common area landscaping details, including public right-of-way landscaping. Parameters of maximum building envelopes, to equal minimum setback restrictions. g. Identification of options and./or restrictions applicable to homeowner's for construction __ of, either structural additions- or associated: improvements (decks, patiPs, spas, etc.) h.- Lighting fixture details for private streets and cul-de7sacs. i. Pathway details for separated walkways along Casa Grande and Frates Roads And, '-streetscape landscaping treatment, and for access paths from, cul-de-sac to golfcourse path system. j. Project identification signs. :s 3. The PUD development standards and . project CC&Ws (condition, covenants and restrictions), ' for Phase I, subject to staff review and approval, shall 'include' references to thefollowing development standards-: IL a. Maximum residential building heights of two -and one half stories or 301. ,b. Maximum lot coverage for' Principal dwelling and., accessory improveinents shall be - limited to an. area , equivalent. to the, defined building envelope as reflected, on. the approved unit development plan. 0 3 C private landscaping (except golf,. course), hardscape surface treatments, 'private street identification signs, lighting fixtures, irrigation and fencing. 5. The following fencing: _ shall be provided concurrently with the development of the residential units, subject to SPARC review and approval: a. A soundwall (height measured from grade .of rear yard' activity area of the abutting residential unit not to ' exceed 8', and not to be less than 5' in height from 'the side facing the public street) along the: separation of the - residential units' and street frontages ( Ely Boulevard South, Casa Grande. and Frates Roads) . b•. Solid 6' wood fence or stucco faced 'wall, for 'side yards as illustrated on the approved unit, development plan and, where not adjacent to the golf :course, remaining-. side: -yards and rear- yards-. An optional design shall be provided to allow. installation of an additional 2' of fencing to the 6' wood fence or stucco faced wall. c, :'Deecorative, open=style barrier for side ,:and rear, yard property ..;lines adjacent. to golf., course property or Adobe - Creek.. Design shall match 'or compliment the decorative golf course and project perimeter 'fence'. d. An access control fence. and gate 'across -access paths from cul-de-sacs to golf course. Access. can be controlled through., the use. of a key, or card -lock system. e. Golf course perimeter `fence design to be decorative iron picket style. 6. All landscaping and irrigation systems within the public right-of-way, in common; areas, street tree "planting strips and landscape median /slands shall be maintained either by the Homeowner's Association :or: through an Assessment District, subject to approval of the City Council concurrently with the approval of . the Final Map. Landscaping and irrigation systems 'within the: public right-of-way shall be designed to standards acceptable to the 'City of Petaluma and shall 5 R So: 3®39JLNC esolution N�0.; _88'192�.N.C.S. Of the'Cit%,' Of PetiflLtma. Califorliia RESOLUTION. APPROVINIG.J-HE TENTATIVE - MAP, FOR ADOBE CREEK.,GOLF. AND' COUNTRY CLUB, A 53-LOT SINGLE-FAMILY DWELLING DEVELOPMENT ON THE EAST SIDE - OF ELY BOULEVARD SOUTH' BETWEEN CASX GRANDE AND FRATES ROADS. WHEREAS, DUFFEL F-IN,ANCIAL AND CONSTRUCTION' COMPANY as owner - and su'bdivider, has filed with this Odung-il A tentative map to -subdivide land within this City to be known as Adobe Creek 'Golf and Country Club, Phase I, and has paid all ',required filing fees;;. -and-j WHEREAS, the City Engineer, and Director 'of 'Planning, and the, Planning Commission have ekamined• and reviewed the same as required by law and all reports, recommendations', and, comments thereon have been forwarded to and considered by this, Council at its meeting held on December 5, 1988; , WHEREAS, by action taken on November.22:,1988,the Planning Commission 1 considered and forwarded a. recommendation to the. City Council on the tentative map for said Planned Unit District. NOW, THEREFORE, BE IT RESOLVED "that this Council hereby finds as follows: Findings: 1. The he proposed'. subdivision * as conditionally -approved, .,together with provisions for ..its 'design and improveihen.t:,,,. is consistent. with the General. Plan 'objectives-, policiesp generallarid uses, and programs. 2. The site, is physically suitable for the type and density of development 1proposed, as, conditionally approved. 3.. The ..design- of the,subdivision and, the proposed improvements therefore;,. as conditionally approved, will not cause substantial environmental. -damage, and no substantial or avoidable injury will occur to fish or Wildlife or their habitat. Res. NAB.-.39Z ............. N.CS. 8. Development fees, applicable to 'this project shall :be as set forth within. the Development. Agreement. 9. A revised PUD unit development plan exhibit, incorporating all details and .conditions of approval which' can ,be reflected in map form, shall be .submitte.d within, 6'0 -days of PUD ,and tentative map approval, or prior to SPA -RC review',; whichever ,occurs first. 10. Project CC&R's, signed and in recordable form, and homeowner's association . byl'awws shall,. be' submitted 60 ;days prior. to approval. of a Final Map and shall be, subject to . review and approval. of the Community. .Development and. Planning Department and City Attorney. Project CC&R's shall be. signed and recorded with the Final Map. 11. The, developer* shall submit a plan„ for -.;,,on-going routine cleaning of private streets and common parking areas prior to issuance of the first certificate of occupancy, subject' to the - review and approval of the Public. Works Director. 12. The Tentative Map shall reflect minimum setback requirements set -forth as PUD' conditions:' of approval, subject to staff 'review. and approval prior to Final Map consideratiori. The tenta"tive-amap shall be amended to eliminate .one: lot within' the cul-de-sac closest to the intersection of Ely Boulevard South and 'Casa Grande Road to allow widening of. the lots and reduction of the visual mass of building walls facing Casa. Grande 'Road: T3. If required, ,amendment of the Development Agreement shall be completed .prior ;to 'review .of any :future phase ..of project. 14. The following, conditions of the City Engineer hall:be. complied with: a. Casa Grande Road shall be improved with this phase per ' development 'agreement Resolution 87-115 NCS, Item #9. P g - b. Frates, Road shall be improved Rutht this phase per development areement g :Resolution 87-11-5 NCS, Item 48., 4 = R o.3-HC' ' C. The developer shall 'participat_e : in a .fair -share .contribution for off -site intersection sign'alization for .Casa, Grande Road/Ely Blvd. South = $2,794.92, Frates Road Ely Blvd.. ;. So.. _ $41,953.1,3 and Casa Gran'de Road/So,. McDowell Blvd. _ $5', 595.70. A proportionate share of the aforementioned costs for this .phase „shall be 'Casa:/Ely _ $Z86. 39, Frates-[Ely = $4:, 298. 80 and Casa/ So. McDowell =` $573.37. d. Project ;shall contribute a fair share contribution. of $350, 000.00 .y for Lakeville Highway Assessment -'District- as Traffic Mitigation Fees. Timing'''of contribution `t-o be idetermined by the City Manager, subject- to revision of. ,the development agreement. e. The project shall comply -with, all. _:applicable flood mitigation requirements' adopted by the City Council as contained in Zoning Ordinance Article 16 and Municipal Code, Chapter, 17.30 "Storm Drainage' Impact Fee" . All improvements :and grading shall comply with the Sonoma County Water.. Agency';s Design Criteria. f . Prior .to approval of the '-final map an& improvement plans, the d'eveloper!s' design .engineer and . the City -Traffic Engineer shall coordinate 'all. 'traffic mitigation measures for this subdivision. These measuresi shall include, but not be limited -to, lane delineations with relation to , ;the . proposed landscape islands,. signing, striping, - turning, pockets and intersection geometries. All intersection improvements- required ' for this, phase shall be determined by the City • Engineer.. g. Adobe Creek shall be maintained' - in a natural state and provisions made toaccommodate:flood flows. h. , All existing -utilities. (12KV lines and under) .shall be converted to underground :facilities. i. Overland :gutter, flow to. the mearest'storm drain inlet shall be. 500, maximum.. Additional storm drainage improvements, such a8 extension of the proposed storm drain pipe with additional storm drain: inlets, shall be required 'within this subdivision.:. All. streets (public,, private and cul-de-sacs)' shall be designed in accor_.d'ance with Petaluma Municipal' Code Section 17.20.070 and the City of Petaluma minimum design criteria. The private ,� 392�CS BE IT FURTHER RESOLVED that this Resohition' shall become effective as of the effective date of Ordinance 1747 N. C. S. reso.adobe. creek. tent. map /resol0 Under the power and authority conferred upon this Council'by the,Charter of said City. REFERENCE: I hereby certify tw .foregoing Resolution ,was introduced, and adopted by the Approved as to Council of the•City of Petaluma at a (Regular) ( )et3n9 on the ..:.: kl ..._ day of __DCAr by the following vob: ...............•-.......... » %City Attorney AYES: Cavanagh,, ,'Sobe.l, Woolsey, BalsIhaw, Vice Mayor 'Davis, Mayor Hi;lligoss/ NOES: s ABSENT; Tenc'e .ATTEST: City erk 7` Mayor (b�mdl Fila CA 10.85 Res No. ....8.g._-392-;-.;;-- N.C!S. ResolWion No'. 89-31R IN C.S. of :the Cite of Petalyliia. cafiforn[ta A :RESOLUTTO:N APPROVING THE UNIT DEVELOPMENT PLAN FOR THE ADOBE :CREEK GOLF AND CO.U-NTRY CLUB UNIT 2 LOCATED BETWEEN CASA GRANDE AND FRATES ROADS, EAST OF ELY BOULEVARD SOUTH WHEREAS, by action taken on October 26, 1989, the Planning Commission recommended conditional approval of the, Unit Development Plan for the development of a 267-10"t .single-family residential subdivision. BE IT .,RESOLVED that the City Council finds that the requirements of the California Environmental - Quality Act Guidelines'- have been met and, hereby incorporates -by reference ;the EIR, certified, approved and adopted by the City Council in January, 1985. BE IT FURTHER R-ESOLVEP that the City Council finds that this PUD Unit Development Plan has been ,proposed in substantial compliance with the PCD approved for the project site on April 27, 1987 by Resolution 87-11.5. BE IT FURTHER -RESOLVED that the City Council hereby approves ..the Adobe Creek, Unit 2 unit development plan subject to the conditions of approval set out hereinafter: PUD `Conditions.: 1. Consideration of the proposed. amendment to the Development Agreement shall ..be concluded by the Planning , Commission prior to the consideration of the PUD rezoning, PUD unit development plan and tentative map fo'r Adobe Creek Unit 2 by the 'City. Council. 2. The PUD development plan shall be expanded .and/or amended, subject to SP.ARC review and approval, to 'incorporate maximum building envelopes, to equal minimum setback restrictions. . 3. The PUD. development standards and project CC&Rls (-conditions, covenants and restrictions) for Unit 2, subject to City staff review 1 Res. No........89':3.3.8.,.. N':C.S; and approval, shall incorporate references to the following development standards;:;, a. Identification ...of options and./or restrictions applicable to homeowners for construction of either structural additions. or associated improvements (decks, patios:, spas, etc.). o b•. Maximum residential building, heights of two and one haft.' stories or 30' . C. Maximum lot . coverage for principal dwelling and accessory improvements shall. be limited to an area equivalent to the. defined. building envelope as reflected on the approved unit development plan. NOTE: Within this PUD, the. building envelope shall mean the. area 'contained within the required setbacks from perimeter property 'lines. d. Minimum setbacks shall be as follows.: Front: average 181 to garage door, unless deemed by City. staff to require more to. provide adequate maneuvering area. Side: 3:' minimum to property line., .101 separation ' between adjacent residences. Rear: 12' minimum from rear -most plane of structure closest to rear property line. e. Rebuilding,'andJor replacement of residential structures, including fences;, shall conform to the approved. unit development plan. f. Garage` conversions are prohibited. g. Recreational vehicles must be stored off -site, or within the garage, 2 Reso. 89-338 N.C.S. h. Whether minor additions . (decks,, patios, greenhouses, spas, etc. ) -are permitted in conformance with PUD Development ;Standards. If' proposed to be permitted; under what standards and/or review% processes? i. Whether structural additions are permitted. If permitted, are they subject to Homeowner'=s Association review and approval?. If permitted,., structural additions shall be' contained within the building envelope, as defined.- within this PUD and set forth on the approved .unit development `plan and subdivision map. Design shall be in keeping,. with the approved PUD` development plan. j. Home Occupations are permitted subject to the regulations of, the _,Petaluma Zoning Ordinance and any provisions of' the project C C'& R &. k. Accessory .structures ,shall be permitted, subject to Homeowner Association review an approval, and" shall be contained within the building ,envelope;. Development standards for permitted. accessory .structures ' shall be prepared by the developer and subject to SPARC review `and approval, prior to final map approval and recordation. 1. Parkin"g, enforcement program;, subject to review and approval by City "Staff-. 4. All aspects of `the proposed development plan are subject to review by the.Site Kan and Architectural Review Committee prior to approval of a Final. Map`; including but not limited to: architec:ture., public and private landscaping (except golf . course) , hard'scape surface. treatments;, private street identification signs, lighting "fixtures, irrigation;;', public right-of-way pathways.; project identification signs. and fencing. Particular emphasis shallbe'.,:,given to: a. ProIvi'sion of substantial landscaping along project's perimeter, including Casa Grande, Frates ;and Old Adobe Roads;. Reso. .89,'338 N.C.S:. b. Interior streetscape with "Substantial 'r 'street tree,'planting, in 'excess of minimum standards typically._.. seen, the intent being to make this Petaluma's. "show. -place" housing; project. C. Provision of screen plantin°g adjacent. to residential fences which abut golf course pathways d.. Provision `of . at; least four off-street parking spaces, for .each residential unit, with adequate 'driveway width and length to afford safe maneuvering. 5. All landscaping, irrigation systems,, lighting;, :walls, fences, etc., within the public right-of-way shall b'e maintained through an Assessment District, _ subject to approval of the City Council concurrently with the approval of the .'Final -Map. . Costs associated with the formation, of the assessment district .;shall be borne by the developer.: Landscaping and irrigation systems within the public right-of-way shall. be. designed to standards acceptable to the City of Petaluma and shall be 'operated by _time -controlled , devices designed to be activated during non -daylight, hours. - 6. -All landscaping,, irrigation systems, lighting and other improvements with, in the private right-of-ways, within the project site, ,shall. be maintained -through a 'homeowner's -association. -or :other method, subject to City Council review and approval concurrently with the approval of the Final Map . 7.. S.treetscape landscaping and, pathwaytreatment shall be extended beyond City limits lines to. provide continuity of design;; subject Jo, , SPARC review 'and approval. 8. Cul-de-;sac .paving pattern shall match the detail illustrated on the unit development . plan (titled prototypical. plan on, the Illustrative Site Plan), subject to SPARC review and approval. 4 89-338 N.C. S. 9. Hours of construction activity on the Adobe Creek residential projects shall be limited to the hours of 700, AM to 6:00 PM, Monday, through Saturday (non -holiday). 10. All -applicable conditions to the original PCD approval, which are. not amended by these actions, shall :remain in force. 11. Public access and use of the, course shall continue for 50 years from commencement of operations, unless reduced, modified,, or extended by mutal consent. of the City ,and Duffel or `Duffel's successors in interest. Said obligations'for public access shall run with the land and shall be binding on Duffel and 'its successors in interest -an3 ownership. reso..adobe.creek2.pud resol2 Under the power and authority 'conferred , upon this Council by the Charter of: said City. REFERENCE: I hereby certify -the foregoing 'Resolution, was introduced and adopted by the o t fo Council of 412a City o(: Petaluma at a (Regular) ( ) meeting on the. ........ hth..... ... day, of . , 19.8&-7 by the. following vote: . , i A oy AYES: Tenter, Woolsey, Balshaw, Davis, Vice Mayor §obe1,.Mayor Hi,lligoss NOES: 0 / ABSENT: C van'a' ATTEST: .: .. ..... ... . ity .Clerk own .._5 CA io-as Reg. No.----89• 3.38....-... N ca. Resolution NO. 89-3.39 N.C.S. of the Oita' Of VCtaIL1111d. californ'iil RESOLUTION APPROVING THE TENTATIVE, MAP FOR ADOBE CREEK :GOLF AND COUNTRY CLUB UNIT 2,;- A 267-LOT SINGLE-FAMILY DWELLING DEVELOPMENT` LOCATED EAST OF ELY BOULEVARD SOUTH BETWEEN :CASA GRANDE AND FRATES ROADS. WHEREAS, DUFFEL- FINANCIAL AND CONSTRUCTION COMPANY as owner and, subdivider, has filed with this Council a tentative map to subdivide land within this City- to be known as Adobe Creeks Golf and Country Club Unit 2, and has paid all required filing 'fees; and, WHEREAS, the City Engineer, and. Director of Planning, and the Planning Commission. -.have ekamine;d and reviewed the same as required by law and all reports, -recommendations, and comments thereon have been forwarded to and considered by this Council at its meeting held on October 16,. 1989; WHEREAS,,, by action taken on September 12, and. 26th, 1989, - the Plaanning Commission considered and' forwarded a recommendation to the City Council on the tentative map for said Planned Unit 'District. NOW, THEREFORE., :BE IT RESOLVED that this Council hereby finds as follows: Findings: 1. The proposed subdivision, as conditionally approved, together with Provisions for its design and improvement, is consistent with the General Plan objectives„ policies, general land uses and programs. 2. The site is physically suitable. for the type and density of development proposed, as, conditionally approved. 3. The'' design of' the subdivision and- the - proposed improvements therefore, as conditionally approved, will not' cause substantial environmental damage, and no substantial or avoidable injury will occur to fish or wildlife or 'their habitat. 1 Res. No.......8. .3... ..... N'.C.S. 4. The design of the Subdivision and the_ type of improvements will not cause serious public health problems. 5. The design of the Subdivision an.d the type of improvements_ proposed will not conflict with easements, acquired by the public at large, for access 'through or use of property within the proposed subdivision. 6. The discharge of waste from the proposedsubdivision into the existing community, sewer system will not result; in- violation of the existing requirements prescribed by the Regional Water Quality Control Board. 7. That the restriction to limited access for- the Adobe Creek channelway contained within this project site is due, .to the need to insure public safety. It; is assured that access is retained for research and enhancement projects such as the Casa Grande High School hatchery. 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 Ito the conditions set forth below and incorporated herein .as follows: Conditions: 1. Consideration of the proposed amendment to the Development Agreement shal be concluded by the Planning Commission prior to the consideration of the PUD rezoning, PUD unit development plan and tentative map for Adobe Creek Unit 2 by the City Council. 2. Private street names shall be subject to. approval of the Petaluma Street. Naming Committee. 3. All restoration and enhancement: `work within the Adobe Creek channelway, and along the top of bank shall be done in conformance with, plans, reviewed and approved by all appropriate regulatory agencies prior to issuance of a residential building. permit within Unit No. 2. All restoration and enhancement work shall be undertaken in a 2 Reso. 89-339 N.C.S. timely manner, cognizant of restrictions of .weather, but. in no case shall completion of said improvements extend _beyond 'December, 1990 or • the completion of Ball 'residential . units, . whichever comes first. Substantial compliance, as deemed appropriate by City staff, shall. be achieved by end of summer 1990-. 4. Development fees applicable to this, project shall be as set forth within the revised Development Agreement. 5. A revised PUD unit development plan exhibit, incorporating all details and conditions of approval which can be reflected in map form:,, shall be submitted within 60 days of PUD, and tentative,- map approval by the City Council, or prior to .SPARC review., whichever occurs first. 6. Project CC'&R's, signed and in recordable form, and homeowner's association -bylaws shall 'be submitted 30 days prior to approval of. a .Final Map and shall be subject to review and approval of the Community Development and Planning Department- and City 'Attorney. Project CC&R's shall be signed and recorded with the Final Map. 7. The developer shall submit a plan for on -going routine cleaning of private streets and 'common parking areas prior to issuance of the first certificate of occupancy, subject to the review and approval of the Public Works Director. 8. The Tentative 'Map shall reflect minimum setback requirements, set forth as, PUD conditions of approval,, subject to staff review and approval prior to 'Final Map ,consideration. 9. Transit ;bus - stop facilities shall be provided as deemed- .appropriate, by City .staff and Sonoma County Transit, 'prior to Final Map review and approval by City Council. Improvements shall be completed concurrently with public improvements. 3 Reso. 89-339 N.C.S,. 10. Golf course pathways between residential lots shall measure a minimum of 25' in width with substantial screen_ pl'ariting against residential fences. 11. All" applicable ;conditions to the original ' PCD approval, which are not amended, by these actions, shall remain in force. 12. The conditions _ of the, City Engineer, as set forth below, shall be complied with a. Adobe Creek shall be -maintained in a natural state and provisions made to accommodate flood 'flows, to the . satisfaction of the City Engineer. b. A 25' minimum back. -up area- is needed behind parking spaces of cul-de-sac parking islands. Please show parking and back-up area,, (:251) in Section G-C. Section D-D shows proper configuration of ,parking and back-up maneuver areas. C. Two sets of water calculations shall be required for this development One set verifying the, system adequacy (fire flows and domestic"service,, pressure) of Phase 1 and another set covering both .Phases 1 and 2. d. If on -street parking is proposed along one side of Section A -A, the specific location shall be ._stated on the tentative map . e. "No Parking". shall. be designated along the remaining streets within, this development except as' proposed in the landscape parking islands and proposed parking pull -in areas. (,Section f Any -'facilities for pedestrian and bike pathways shall be contained .within a public access easement. g. The: '20' dimension shown :in Section C-C on the tentative map appears incorrect. This shall b be rechecked and corrected if necessary. h. The project. shall 'comply, with all applicable flood mitigation requirements' adopted by the City. Council as contained in Zoning Ordinance Article 16 and Municipal Code, Chapter 17.30 "Storm Drainage ..Impact Fee". 4 Reso. 89-339 N.C.S. i., The existing wastewater irrigation .force main ,and easement shall be. Shown 'on the tentative map'" or other '_appropriate mechanism. j. All storm drain 'pipes not draining 'a private street 'shall be pr-ivate a'nd.maintained by the golf. course. k. The private streets, as shown on the' tentative map, shall be maintained 'by the Homeowner'°s Association or other appropriate mechanism. 1. It is unclear . if the clubhouse site, Lot :A, is to be included within the .golf course area. If it is not_, then it shall be labeled "remainder". If it Js to be, considered a separate lot than dimensions and .area to the, nearest 106 square feet stated along with access and utility services shown. . m. All grading and .erosion - control measures shall conform to the City's Erosion Control Ordinance•'No,... 15,76 NCS. n. Lot -to -lot and. across, property line drainage.is not allowed;. 'Provisions shall be made to catch this .water before it. crosses -the adjacent property. o. The existing PG&E easement adjacent to Frates Road shall be shown on the tentative map. . p. All existing utilities (12KV lines and under) shall b be converted to underground facilities. q. Prior to the issuance of any building permits, lot pad, elevations shall- be certified by a Registered; Civil Engineer. r. Handicapped.. ramps shall' be provided at street corners with pedestrian access. 13. The. 'landscape medians. within, the three cul-de-sacs .shall be shortened to provide- adequate access, to residential driveways-, subject, to SPARC and .City staff review and approval: BE IT FURTHER, RESOLVED that the City Council finds .- that the requirements of the California Environmental.. Quality Act -Guidelines have been satisfied by the certification of a Final Environmental Impact Report for this project, site approved by the City Council -in January, 1985. 5 Reso. 89-339 N'.,C.S,: BE IT FURTHER RESOLVED . that the City .Council` finds that ,identified potential: , impacts have' been satisfactorily lessened or avoided by the incorporation, of mitigation measures . as conditions of the development approval as set forth in. Resolution 89_338 approving the PUD development plan, and incorporated herein,. by reference, as adopted by the City Council on November 6, 1980.. BE IT FURTHER ,RESOLVED that this Resolution shall become effective as of the effective date of Ordinance 1778 N.G.S. reso. adobe. creek2. tent. map resol2 Under'the,power and:authority conferred upon; this Council `by;the,tharterof�said City., REFERENCE:. I`hereby certify the,foregoing Resolution was intioduced;and adopted by the fo _ Council of the'gty-of Petaluma at a (Regular) (Ad1) meeting 1 on..the- ....... bth.... ...... day, of ...._........ 19.8.9-. by the following vote: ........ ... ................ ........... ity Attorne AYES: Tencer, Woolsey, Balsahw, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES: 0 ABSENT: Ca na . ATTEST: ... ... -.:..... ........................ . I.. ........ ......................... City Clerk 6 Mayor Counc il FU&. _.._.__ CA 10-85 Res. _Na .-.::897 3.39....... N.C.s: EXHIBIT ffD-1-7 ADOBE CREEK GOLF & COUNTRY CLUB PROPERTY 1. Permitted Use of Property.': The Property shall be developed in accordance with the PUD (Planned Unit District) Plan approved by Resolutions !88-39 Z NCS,� dated. hk6e 154.1988 ��-V. (a , 1989, and attached hereto as Exhibit O�C-111or as amended. The maximum number of residential dwelling units permitted within the project shall not.`exceed 3Z0. The number and type of units shall be explicitly determined upon the rezoning of the residential areas. .2. Project Phasing: Prior to issuance of any Occupancy Permit for residential dwelling units, golf: course rough grading must be completed and additional golf course improvements including -finish-grading, installation of. irrigation, potable water and wastewater system, installation of trees And seeding of lawn areas shall be complete. At Duffel's discretion, grading, for residential areas street and lot improvements and home construction -may occur simultaneously with additional improvements.to•golf course, and upon satisfaction.of all other'relevant conditions. Duffel shallbe permitted to construct up'to one hundred (100) residential:dwdling_units in each calendar- year commencing in,.the year the, additional golf"course mprovements,as described above are determined to have commenced. If the construction of less than one hundred•.(100) residentialdwelling units :is commenced in any given calendar year, thedifference between the number actually constructed and one hundred (100) may, at Duffel's discretion, be commenced in the following calendar year(s). This right `'will 'be cumulative in each caiendar'year and will not'be lost if not exercised by Duffel in any given calendar year. In no,case, however, shall Duffel request or be granted Certificates of .Occupancy in excess of two hundred (20'0) units in a single calendar year. As used herein, -the terms IrOccupancy Permit"' and "Certificate of Occupancy." shall mean the Certificate issued by the City. of' Petaluma 'Building Division which bears the signatures of representatives of the Fire and Public Works Departments, Planning Division and Building Division which comprises the official.release of a dwelling unit -or -other building for occupancy or .use. As used herein, the term "Development Permit" shall mean any permit which'is issued by the City of Petaluma Building Division and is required for actual construction of a residential dwelling. Commonly,sthe first such permit issued is a foundation permit. 3. Public Improvements Off -Site: Improvements of.Ely Road shall be completed prior to occupancy of any residence in the Project.. Improvements to Frates Road shall be completed prior to (a) occupancy of: a residence in: Unit No. 2; or (b') the opening of thegolf course, whichever event first occurs. Improvements to Casa Grande Road shall be•cbmpleted prior to 10/31/89 -2- 3DUFF.D1 DUFF40884 occupancy of a .res.dence in UnitNo. 2 The design -of the improvements shall be,subject to City approval. Other off -site public improvements shall be completed as.appropriate and needed to serve respective residential areas or the golf course as they are developed., subject to City staff determination, unless otherwise specifically noted herein. At the City's discretion,, Duffel may be required to provide underground conduit to the City's specifications to accommodate; future signalization at the Ely/F.rates and Ely/Casa Grand intersections as part of Duffel's improvements. 4. 'Dedications and Restrictions of Easements: An agreement creating'a scenic/open space easement, subject to the approval of the City, and Sonoma County covering the entire golf course portion of the project except the club house/activity area and maintenance yard area shall be prepared and recorded prior to issuance -of any "'Development Permit" for residential dwelling units. A drainage easement to adcommodatethe Sonoma'County Water Agency's proposed East -side Bypass has been provided, approved by the City and recorded, September 5, 1989, as Document No. 8907,8&560:, Official, Records of Sonoma County. If this easement subsequently is found by the City and Sonoma County Water Agency to be unnecessary, -said easement shall be relinquished;. 10/31/89 -3- 3DUFF.D1 DUFF40884 As determined by the City, access easements will be required for.off-street; pedestrian/bicycle paths paralleling Frates: and'.Casa Grande Roads. Additional dedications and,reservations of easements to accommodate streets and other,publ-ic improvements will., at the Cit'I.s discretion, be required as'part of normal land division review/approval process. 5.. Special Assessment Districts: Duffel shall be responsible for establishment of landscaping and lighting maintenance district, subject.to the City"s approval, for maintenance of landscaping and associated improvements to public, rights -of -way as required. 'Said district shall be established prior to close of escrow of first residential dwelling unit. Other special assessments may be xequired as specifically prov,ide6 herein. 6.,. es: Duffel shall be responsible for the following fees: (a) Park and Recreational Improvements`:- Duffel,, on a per resident a1 dwelling unit basis., shall be subject to payment:of two -fifths -(2/5) of the applicable park and recreation improvement fees, as established by the Petaluma Municipal Code in effect at the time of approval of each'tentatve map. (b) School Impact: Duffel shall be subject to full school,iinpact fees as determined by the affected school district (s),-. 10/'31/89 -4- 3DUFF. D1 DUFF40884 (c) - Flood Mitigation: - The. residential and golf course club house/activity areas and maintenance.yard area shall be subject'to all applicable flood mitigation fees, as established,:by the Petaluma Municipal Code in effect at the time of each finaI map approval for residential areas and building permit for.:golf course ciuh house/activity area. (d) CommunityFacilitiesDevelopment: .The z residential and'golf course'club house/activity-areas shall be subject to.community development .fees, as established by the Petaluma Municipal Code, in effect 'at.`the time of building ,permit issuance. The golf course.area shall be exempt from said fees pursuant to Petaluma Municipal CodeSecton 17.14.020('c)(4) as long as its operational characteristcs�continue to comply with the provisions therein. (e)., In -Lieu Housincr: Duffel, shall pay low and moderate housing in-Ilieu fees in an.•amount to be determined pursuant to the schedule established;by Petaluma City.Council Resolution No. 84-199 ..:C;.S ., or as amended or shall make alternative., attangementS to meet the low.and moderate income, housing provision requirements of the Housing Element of the 'Petaluma General Plan, said alternative arrangements to he subject to:the approval of the.City Council prior to approval of each* final subdivision map. 10/31/89 -5- 3DUFF. D1 DUFF40884 (f) Traffic Signal Mitigation: The project shall pay traffic signal mitigation -fees for the following intersections -in -the amounts indicated: (1-)' Casa Grand/Ely $ 2,794.92 (2) Ely/Frates', $41,953.13 (3) Casa Grande/S., McDowell $ 5,595.70 (g) Traffic a Mitaton: In satisfaction of Condition 13 of the'PCD, ,Duffel shall be subject to payment of a traffic mitigation fee for`each residential dwelling unit at the time of issuance of -building permits for, each .unit and $`150.00 per estimated daily automobile°trip for the golf course club house/activity area; [Total number of trips estimated to be 100j. Such fees to be calculated and paid at the time.of issuance of. building permits. The actual fee paid for each residential unit shall be calculated as follows: Ten percent (101.) of, the total cost of Lake-vil-le Highway, Roadway Improvements not including sound wall minus mitigation, -fee paid for golf'course club house/activity area, divded.by the number of units approved under the 'project" s PUD Rezoning' Plan,. In no -event', however, shall the total'traffic mitigation fee payable by Duffel hereunder or otherwise on account of the project exceed six hundred ninety thousand dollars.($690,000.'00')'. 7'. Coordination with Sonoma County;: The City shall coordinate with the County to.expedite approval of the use permit 10/31/89 -6- 3DUFF.D1 DUFF40884 and any other approval required Eby Sonoma County for the portion of the golf course which lies within County jurisdiction. City shall coordinate with the County to expedite any necessary approval by the Sonoma.County Airport Land Use Commission. (ALUC). &. Public Access: It is the intent of the City and Duffel'"that the golf course be open to public play. Accordingly, Duffel -(and its successors in interest in ownership of the golf course) shall operate the golf course in a manner which is consistent with the operation of semi-prvate.golf courses in Northern,Cal.ifornia with respect to the availability of starting times for the public and" the setting of green fees., golf cart rental fees and 'other similar fees charged to the public. Rotwithstanding the foregoing, Duffel (and its successors`)..,'at. its option, may provide to purchasers of residential units, within the Project such golf course privileges as preferred starting times, reduced green fees, resident cart privileges and other such benefits that may be consistent with good golf course management. Additionally, Duffel (and its successors), at its option, may provide similar privileges to a limited number of golf patrons, on a non-discriminatory basis-; but in providing such additional privileges, the majority of available daily tee times will remain open for public play. As used herein the term semi-privaie-clubw shall mean a golf course that is open to public play in varying degrees, as 10/31/89 -7 3DUFF.D1 DUFF40884 prescribed'by management,. This type of course is established to operate as a successful business venture. Its operating policy is geared -Ito return'the best net profit to the proprietors. These courses inay.or may not have .member privileges, but.in all instances rely on some degree of public fee -paying patronage. The obligations of Duffel and its successors in interest. and ownership of the golf course-., 'including but not limited to public access and use of the course, shall continue in effect for 50 years unless reduced, modified, or extended by mutual consent of the City and Duffel or Duffel,"s successors in interest.. Said'obligations for public access.shall run with the land and shall be binding on Duffel and its successors in interest and ownership. Duffel or Duffey s,successors in interest shall execute and record any document necessary to assure public access and use of the golf course for the above mentioned.time period. 9. Clubhouse: (a) Duffel shall construct a club house facility of approximately seventeen thousand (17,000), square feet, which shall include a pro shop, snack bar and bar lounge -for service of alcoho°l'c beverages, and cart storage to house a minimum.of sixty golf carts'. Zn case Duffel does not complete said facility within five years, -from the date thila development agreement is executed, Duffel agrees to..dedicate:a one acre site to the City of Petaluma in the.area designated "pro shop and club house" as 10/31/89 -8- 3DUFF.D1 DUFF40884 shown.in Exhibit .B.within thirty (3"0) days of the fifth (5th) anniversary of the execution of the agreement. The club house facility shall have access to the planned parking areas. 10. Wastewater Irriciation: Duffel shall use the City supplied treated wastewater to irrigate those areas of the golf course deemed acceptable,by those agencies having jurisdiction over the use of wastewater for irrigation purposes. Duffel shall execute a binding agreement which shall run with the land to use such wastewater fora period of fifty (50) years. Said agreement shall specify conditions of use of wastewater. The golf course operations shall bear zll pumping costs incurred annually to deliver the wastewater to the site. The City will construct the necessary conveyances and pumping facilities to deliver the wastewater to the project site. Duffel shall provide an easement.to the City through its lands to Casa Grande Road for future extension of the transmission line for the wastewater. .The location of said easement to be determined at the ,"tome of final design. 11. Water:. Prior to the issuance of any residential building permit or clubhouse permit in the area designated as a Development Constraint Area (DCA) on the -Petaluma General Plan Development Constraints Map, the.improvements to the Petaluma Municipal Water Systet�neces.sary to'provide the.required water pressure to the DCA shall have been constructed. 16/31/89 -9- 3DUFF.D1 DUFF40824 The,City agrees to commence the design and engineering of the ;required water improvements upon execution of this Development Agreement and to proceed with -the construction forthwith. These water improvements are generally described as Southeast Pressure Zone IV in the adopted Water Master• Plan of the City. The City shall form a benefit area, of which the Adobe. Creek development will be a part, to fund a`port-ion of the benefits. Duffel agrees to pay'its fair'share of the required improvements on a prorated per unit basis at the time of payment of the water connection fee. 10/31%89 -10- 3;DUFF. D1 DUFF40884