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HomeMy WebLinkAboutResolutions 84-277 N.C.S. 10/29/1984Resolution No. 84-277 NC.S. of the City of Petaluma, California RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DENIAL OF APPLICATION TO REZONE FROM LIGHT INDUSTRIAL (M-L) TO PLANNED UNIT DISTRICT (P. U. D.) FOR VALLEY MIST APARTMENTS (MAR.-MON DEVELOPERS) WHEREAS, application was filed by Mar-Mon Developers (Valley Mist Association, a limited partnership) to rezone approximately 5.9 acres from "Light Industrial (M-L)" to "Planned Unit District (P. U.D.)" for purposes of constructing a 121-unit apartment complex called Valley Mist Apartment; said property being located on Sonoma County Assessor's Parcel No's 7-104-02, 03 and 04 at the south eastern corner of Payran and Jefferson Streets; and WHEREAS, a public hearing was held by the Planning Commission on two consecutive meetings, September 23 and October 9, 1984, during which the staff report both written and verbal, environmental review, and public testimony both written and verbal were received and considered for purposes of making a recommendation to the City Council; and WHEREAS, residents and property owners of nearby or affected properties presented testimony of probable and consistently adverse effects inherent in the proposed project which could not be mitigated without substantially reducing the number of units; and WHEREAS, based on the information and testimony presented, the Planning Commission denied the proposed rezone to P . U . D , because they could not make the findings mandated by Zoning Ordinance Section 19A-300; and WHEREAS, on October 29, 1984 the City Council held a public hearing on this matter during which all previously presented information and testimony, the Planning Commission recommendation, as well as all new information and verbal presentation was considered prior to rendering a decision. Res. No....84..-2.7.?.... N.C.S. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma hereby denies the appeal of Mar-Mon Developers. NOW BE IT FURTHER RESOLVED that the City Council hereby makes the following findings as originally rendered by the Planning Commission: 1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project. be developed at a lower density. 2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to finding (1) , other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. 3. The findings mandated by Zoning Ordinance Section 19A-300 for a rezone to Planned Unit District (P. U.D.) could not be made for this project because of possible adverse impacts. Examples of adverse impacts upon the public health or safety which cannot be adequately mitigated include the additional number of automobiles brought to the neighborhood by Valley Mist residents and the resultant noise and congestion; exposure of dwelling units, particularly those on the third story, to inhospitable noise from surrounding land uses due to poor interfacing of residential and industrial land uses; reduction in neighborhood privacy due to the proposed building heights. 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 Council of the City of Petaluma at a (Regular) (~~~{~~ meeting on the --------•29th.... day of ................October....................., 19.84., by the following vote: ------- AYES: Perry, Battaglia, Tencer, Cavanagh, Balshaw NOES: Mayor Matted ABSENT: Dice Bond ATTEST.' : ...... ......................................... --....-..........--........ City Clerk Mayor Council F'y1,°^ ..--.- -y. Res. No. o ~ -~ / /......-N...-.. CA 10-85 ............................. C.S.