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HomeMy WebLinkAboutOrdinance 2506 N.C.S. 07/21/20141 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 EFFECTIVE DATE ORDINANCE NO. 2506 N.C.S. OF ORDINANCE August 21, 2014 Introduced by Seconded by Gabe Kearney Mike Harris 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 THE ZONING OF THE PROPERTY LOCATED AT 511 SONOMA MOUNTAIN PARKWAY FROM R-4 TO R-2 APN 149-413-023 FILE NO. PLTS-13-0002 WHEREAS, Doyle Heaton with DRG Builder on behalf of Barbara Lee Gomes (1994 Rose L. Avila Trust), submitted an application (File No. PLTS-13-0002) for a Zoning Map Amendment and Tentative Subdivision Map to the City of Petaluma for the property located at 511 Sonoma Mountain Parkway, APN 149-413-023 ("the Project" or the "proposed Project") for the purpose of developing 21 single-family lots of 6,018 square feet to 8,009 square feet, and 6 landscaping and bio-retention/storm drain detention treatment parcels A through F parcels, and, WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider the proposed Implementing Zoning Ordinance amendment on May 13, 2014; and, WHEREAS, on July 7, 2014, the City Council held a duly noticed public hearing to consider the proposed Zoning Amendment; and, WHEREAS, on July 7, 2014, the City Council reviewed the CEQA evaluation for the Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and, WHEREAS, on July 7, 2014 the City Council approved the Zoning Map Amendment to change the zoning of the property located at 511 Sonoma Mountain Parkway from R-4 to R-2, based on the findings made below: 1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the subject parcel (149-413-023) to R-2 is consistent with and implements the Low Density Residential land use classification of the General Plan as already existing for the parcel. Ordinance No. 2506 N.C.S. Page 1 1 3 4 5 6 7 8 9 10 11 2. The proposed rezoning results in a use that is appropriate and compatible with existing surrounding uses. The project is consistent with the established character of the surrounding neighborhoods and the low-density residential character within the North East Planning Subarea of the General Plan and will be complemented by the proposed project. 3. The proposed rezoning to R-2 is consistent with the Petaluma General plan 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-1.2). 4. The public necessity, convenience and general welfare clearly permit and will be furthered by the proposed amendment because it will allow the development of housing on underutilized land within the Urban Growth Boundary. The General Plan proposes development of approximately 6,000 additional residential units and a build out population of approximately 72,700. This represents an annual growth of rate of nearly 1.2% per year. The project would add 21 new market rate dwelling units. The project site is identified as Site 8 within the City of Petaluma Residential Land Inventory Opportunity Sites, Appendix A to the City of Petaluma 2009-2014 Housing Element, prepared in 2009. Payment of in -lieu fees will allow the city to continue to fund affordable housing through land acquisition and assistance to non-profit developers and other mechanisms, including the "silent second mortgage" program. The proposed project would also require Site Plan & Architectural Review and approval by the Planning Commission. 5. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of a Mitigated Negative Declaration for the Project. Mitigation measures have been proposed and agreed to by the applicant that will reduce potential impacts to less than significant. 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 511 Sonoma Mountain Parkway (APN 149-413-023) to R-2. 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. Severability. 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 or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this 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. Ordinance No. 2506 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted this 7th day of July, 2014. ADOPTED this 21 si day of July, 2014 by the following vote: Ayes: Albertson, Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller Noes: None Abstain: None Absent: None David Glass, Mayor ATTEST: 1 �J L Claire Cooper, CMC, City Clerk APPROVED AS TO FORM: Eric W. Danly, City Attorney Ordinance No. 2506 N.C.S. Page 3