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
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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
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ftserlbed 0,110411 also b"i-RAM at a 6011TO =Octve iD
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'It of 90,,- 119 47.14 cost to the
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EXHIBIT" B-1
SITE :PLAN"
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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
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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;.
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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),-.
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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.
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(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
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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
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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
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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.
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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.
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