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Home My WebLink AboutStaff Report 4.A 2/24/2014 Ag�Ite ni#4.A C0M 4 k a 1s 9. � 2858. DATE: February 24, 2014 • TO: Honorable'Mayor and Members of the City Council through City Manager - FROM: --Heather Hines, Planning Manager SUBJECT: Adoption of Ordinance to approve a Zoning-Map Amendment for the Maria Drive Apartment Project located at 35 Maria Drive RECOMMENDATION It is rebonimended.that;the;City Council adopt the attached Ordinance approving a Zoning Map Amendment to rezone the property located at 35 Maria Drive from PUD-Medical Office to R-5 (Attachment 1). • BACKGROUND At their meeting on February.3, 2014, the City Council determined that the applicant of the Maria Drive Apartment Project•had adequately responded to concerns related to traffic, privacy, height and mass, and overall compatibility with the mix of uses surrounding the site. The Council, therefore, approved Resolution 2014-021 N.C.S. adopting a Mitigated Negative Declaration (4-2-1), Resolution 2014-022 N.C.S. approving a General Plan Amendment (4-2-1), and Resolution 2014-023 N.C.S. ordering the Abandonment of Public Utility Easement (5-1-1). At their February 3`' meeting the City Council also introduced Ordinance 2482 N.C.S. adopting a Zoning Map Amendment for the.Maria.Drive Apartment Project located at 35 Maria Drive. DISCUSSION Attached for.Council's second reading, and adoption, is Ordinance. 2482 N.C.S. approving a Zoning.Map Amend'menvto rezone the property located at 35 Maria Drive from PUD-Medical Office to R-5. ATTACHMENTS 1. Ordinance 2482: Zoning Map Amendment for 35 Maria Drive Agenda Review. City Attoaieya- ,, Finance Director City Manager ATTACHMENT ORDINANCE OF THE CITY COUNCIL OF^THE CITY OF PETALUMA AMENDING THE ZONING'MAP CONTAINED-IN THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO, 2300`N..C.S.,TO CHANGE THEZONING OF THE PROPERTY LOCATED',AT`35:MARIA DRIVE FROM PUD-MEDICAL OFFICE DISTRICT TO R-5 APNs 007-280-077 and 078 WHEREAS, JDA West LLC submitted application to the City,of Petaluma for Zoning Map Amendment to change the zoning of the property located at 35, Maria.Drive (APNs 007- 280-077 and 078) from PUD-Medical Office to R-5 for the purposes of redeveloping the site with the Maria Drive Apartment project; and WHEREAS. the Citg's Planning Commission, held a duly noticed public hearing to consider the proposed Zoning Map Amendment on.August 13, 2013 and recommended City Council approval of said amendment; and, WHEREAS on October 21, 2013; January 27, 2014 and February 3, 2014, the City Council held duly noticed public hearings to consider the proposed Zoning Map Amendment; and, WHEREAS, on February 3, 2014, the City Council.considered CEQA evaluation for the Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring Report for the Project, all in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and WHEREAS, onFebivary:3, 2013 the City Council approved a General Plan Amendment to change the land use designation of the property located at 35 Maria Drive to High Density Residential. FINDINGS 1. The proposed zoning map amendment to rezone the subject parcels from PUD- Planned Unit District (APN's 007-280-078 & 077) to R-5 is consistent with and implements the proposed High Density Residential land use classification of the General Plan 2025. 2. The proposed' rezoning to R-5 is consistent with the Petaluma General Plan 2025 Housing"Element policies which' promote residential development within the Urban Growth Boundary (Policy 11-P-1.1) and encourage the development of housing on underutilized land (Policy 11-P-L2). 3. The proposed amendment is also consistent with the General Plan policies as set forth in Reselution,No. 2014-022 N.C.S. amending-the General Plan adopted herewith and incorporated herein by reference. 4. The public: necessity, convenience and general welfare clearly permit and will be furthered by the proposed amendment because the proposed amendment will allow c2 the conversion of highly vacant office complex into a high density residential development within proximityto'shopping, park and educational facilities, and transit routes. - NOW, THEREFORE, BE IT'ORDAINED'BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The Zoning Map contained in the Implementing Zoning Ordinance is hereby amended to modify the zoning district of the property located at 35 Maria Drive (APN 007-280- 077 and -078) to R-5. Section 2. The City Council-finds that a Mitigated Negative Declaration and Mitigation Monitoring Plan for this project has been prepared, circulated and adopted by the City Council in accordance with State Law. Section 3. If any provision.of this ordinance or the application thereof to any person or circumstance is held invalid; the remainder of the ordinance, including the application of such part or provision to other persons of circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions ofthis-.ordinance are severable. The City Council hereby declares that it would have, passed each section, subsection, subdivision, paragraph, sentence, clause; or phrase, hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences; clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma.City Council. Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and ordered posted/published this 3`d day of February, 2014. ADOPTED this, day of , 2014 by the following'vote: