HomeMy WebLinkAboutOrdinance 2482 N.C.S. 02/24/2014 EFFECTIVE DATE ORDINANCE NO. 2482 N.C.S.
OF ORDINANCE
March 31 , 2014
1 Introduced by Seconded by
2
3
4 Gabe Kearney Kathy Miller
5
6
7
8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING
9 MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300
10 N.C.S., TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT 35 MARIA DRIVE FROM
11 PUD-MEDICAL OFFICE DISTRICT TO R-5
12 APNs 007-280-077 and 078
13
14
15 WHEREAS, JDA West LLC submitted application to the City of Petaluma for a Zoning Map
16 Amendment to change the zoning of the property located at 35 Maria Drive (APNs 007-280-077
17 and 078) from PUD-Medical Office to R-5 for the purposes of redeveloping the site with the Maria
18 Drive Apartment project; and,
19
20 WHEREAS, the City's Planning Commission, held a duly noticed public hearing to consider
21 the proposed Zoning Map Amendment on August 13, 2013 and recommended City Council
22 approval of said amendment; and,
23
24 WHEREAS, on October 21, 2013, January 27, 2014 and February 3, 2014, the City Council
25 held duly noticed public hearings to consider the proposed Zoning Map Amendment; and,
26
27 WHEREAS, on February 3, 2014, the City Council considered CEQA evaluation for the
28 Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring Report for
29 the Project; all in accordance with the California Environmental Quality Act and the City of
30 Petaluma Environmental Guidelines; and,
31
32 WHEREAS, on February 3, 2013 the City Council approved a General Plan Amendment to
33 change the land use designation of the property located at 35 Maria Drive to High Density
34 Residential.
35
36 FINDINGS
37
38 1. The proposed zoning map amendment to rezone the subject parcels from PUD-
39 Planned Unit District (APNs 007-280-078 & 077) to R-5 is consistent with and implements
40 the proposed High Density Residential land use classification of the General Plan
41 2025.
42
43 2. The proposed rezoning to R-5 is consistent with the Petaluma General Plan 2025
44 Housing Element policies which promote residential development within the Urban
Ordinance No. 2482 N.C.S. Page 1
1 Growth Boundary (Policy 11-P-1.1) and encourage the development of housing on
2 underutilized land (Policy 11-P-1,2).
3
4 3. The proposed amendment is also consistent with the General Plan policies as set forth
5 in Resolution No. 2013-022 N.C.S. amending the General Plan adopted herewith and
6 incorporated herein by reference.
7
8 4. The public necessity, convenience and general welfare clearly permit and will be
9 furthered by the proposed amendment because the proposed amendment will
10 allow the conversion of highly vacant office complex into a high density residential
11 development within proximity to shopping, park and educational facilities, and transit
12 routes.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
15 FOLLOWS:
16
17 Section 1. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
18 amended to modify the zoning district of the property located at 35 Maria Drive (APN 007-280-
19 077 and -078) to R-5.
20
21 Section 2. The City Council finds that a Mitigated Negative Declaration and Mitigation
22 Monitoring Plan for this project has been prepared, circulated and adopted by the City Council
23 in accordance with State Law.
24.
25 Section 3. If any provision of this ordinance or the application thereof to any person or
26 circumstance is held invalid, the remainder of the ordinance, including the application of such
27 part or provision to other persons or circumstances shall not be affected thereby and shall
28 continue in full force and effect. To this end, provisions of this ordinance are severable. The City
29 Council hereby declares that it would have passed each section, subsection, subdivision,
30 paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
31 sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
32 unconstitutional, invalid, or unenforceable.
33
34 Section 4. This ordinance shall become effective thirty (30) days after the date of its
35 adoption by the Petaluma City Council.
36
37 Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis
38 for the period and in the manner provided by the City Charter and any other applicable law.
39
40 INTRODUCED and ordered posted/published this 3rd day of February, 2014.
41
42 ADOPTED this 24th day of February, 2014 by the following vote:
43
44 Ayes: Albertson, Harris, Healy, Vice Mayor Kearney, Miller
45 Noes: Barrett, Mayor Glass
46 Abstain: None
47 Absent: None
48
49
50
51
Ordinance No. 2482 N.C.S. Page 2
1
2
4 /.4 -
5 •vid Glass,.Mayor
6
7
8
9 ATTEST: APPROVED AS TO FORM:
10
11
12
13 Orr
14
16 Claire Cooper, CMC, City Clerk NI Eric W. Danly, City Att ney
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Ordinance No. 2482 N.C.S. Page 3