HomeMy WebLinkAboutOrdinance 2514 N.C.S. 11/17/20141
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
EFFECTIVE DATE ORDINANCE NO. 2514 N.C.S.
OF ORDINANCE
December 18, 2014
Introduced by Seconded by
Gabe Kearney Kathy Miller
AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENTING
ZONING ORDINANCE NO. 2300 N.C.S., TO REZONE THE PROPERTY
LOCATED AT THE INTERSECTION OF WEST AND KELLER STREETS
FROM R2 TO PLANNED UNIT DISTRICT (PUD)
APN: 006-083-054
FILE NO, PLMA-14-0002
WHEREAS, Jim Soules/Keller Court LLC, submitted an application to the City of Petaluma
for a Zoning Map Amendment (File No. PLMA-14-0002) for the property located at 000 West
Street, intersection of West and Keller Streets (APN: 006-083-054); ("the Project" or the "proposed
Project"); and
WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider
the Project, including the proposed Zoning Map Amendment and PUD Development Standards
and Design Guidelines on August 12, 2014, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, on August 12, 2014 the Planning Commission approved Resolution No. 2014-26
recommending the City Council rezone the subject parcel (006-083-054) from R2 to the Keller
Court Commons PUD; and
WHEREAS, Chapter 19.030 of the IZO provides for the adoption of new residential PUDs;
and
WHEREAS, Chapter 25.065 of the IZO provides for the amendment to the zoning map;
=0S0
WHEREAS, on October 20, 2014, the City Council held a duly noticed public hearing to
consider the proposed Zoning Amendment and PUD Development Standards and Design
Guidelines; and
Ordinance No. 2514 N.C.S.
Page 1
1 WHEREAS, on October 20, 2014, the City Council reviewed the CEQA evaluation for the
2 Project and adopted Resolution No. 2014-166 N.C.S. approving the Mitigated Negative
3 Declaration and Mitigation Monitoring and Reporting Program, in accordance with the
4 California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and
6 WHEREAS, on October 20, 2014 the City Council approved the Zoning Map Amendment
7 to change the zoning of the property located at Intersection of West and Keller Streets from R-2
8 to Keller Court Commons PUD, based on the findings made below:
9
10
11
12
13
14
15
16
17
18
19
20
21
1)?
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
1. The proposed amendment to the Implementing Zoning Ordinance No. 2300
N.C.S., to rezone the subject parcel (006-083-054) to PUD is consistent with and implements the
Low Density Residential land use classification of the General Plan that already exists for the
parcel. The proposed density of 5.75 dwelling units per net acre is within the allowable density
range of the Low Density Residential designation of (2.6 to 8.0 du/acre) and is less than if it were
developed under the standard R-2 zoning designation. The proposed rezoning results in a use
that is compatible with the established character of the surrounding neighborhood and the low-
density residential character within the West Planning Subarea.
2. The PUD is proposed on property which has a suitable relationship to one or more
thoroughfares (West Street), and said thoroughfares are adequate to carry anticipated traffic
generated by the development, as West Street is designated a Connector in the General Plan,
3. The plan for the proposed development presents a unified and organized
arrangement of buildings and facilities which are appropriate in relation to adjacent or nearby
properties, and includes provisions for preservation of existing trees, adequate landscaping, and
screening and setbacks to ensure compatibility. Conditions have been incorporated requiring
design and development standards that are compatible with the surrounding neighborhood
including the historic Lundholm-Patocchi farmhouse.
4. The proposed PUD and associated development plan provide variation from the
standard R-2 zoning with units clustered on small lots around a common area to maximize tree
preservation, minimize alteration to the more steeply sloped area of the lot, and provide a site
design that enhances the character of the existing neighborhood.
5. The proposed rezoning to PUD 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).
6. The development of the subject property in the manner proposed by the
applicant, and as conditioned, will not be detrimental to the public welfare, will be in the best
interests of the City, and will be in keeping with the general intent and spirit of the Petaluma
General Plan and city zoning regulations. The project adds eight new market rate dwelling units,
preserves 30 protected Coast Live Oaks, and provides a half acre of common area open space.
Project plans present a unified and clustered arrangement of lots unique to Petaluma and
private street access that is appropriate to adjacent and nearby properties. Preservation of
mature trees and installation of proposed landscaping further ensures compatibility. 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 will also require Site Plan and Architectural Review
and approval by the Planning Commission.
Ordinance No. 2514 N.C.S. Page 2
1 7. The requirements of the California Environmental Quality Act (CEQA) have been
2 satisfied through the preparation of an Initial Study and the drafting of a Mitigated Negative
3 Declaration and mitigation measures agreed to by the applicant that will reduce potential
4 impacts to less than significant for the PUD rezoning of the property.
5
6 8. The project, as conditioned per the resolution approving the Tentative Subdivision
7 Map (Resolution No. 2014-167 N.C.S.), complies with the applicable provisions of the Municipal
8 Code and the General Plan.
9
10 9. The Unit Development Plan for The Keller Court Commons Subdivision shall be
11 subject to the applicable conditions of Tentative Subdivision Map, including Mitigation Measures
12 adopted as conditions of approval.
13
1.4
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
16 FOLLOWS:
17
18 Section 1. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
19 amended to modify the zoning district of the property located at 000 West Street at the
20 intersection of Keller and West Streets (006-083-054) to Planned Unit District (PUD).
21
22 Section 2. The City Council finds that a Mitigated Negative Declaration and Mitigation
23 Monitoring and Reporting Program for this project has been prepared, circulated and adopted
24 by the City Council in accordance with State Law.
25
26 Section 3. Severability. If any provision of this ordinance or the application thereof to
27 any person or circumstance is held invalid, the remainder of the ordinance, including the
28 application of such part or provision to other persons or circumstances shall not be affected
29 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are
30 severable. The City Council hereby declares that it would have passed each section,
31 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact
32 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
33 phrases be held unconstitutional, invalid, or unenforceable.
3-4
35 Section 4. This ordinance shall become effective thirty (30) days after the date of its
36 adoption by the Petaluma City Council.
37
38 Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or
39 publish this ordinance or a synopsis of it for the period and in the manner required by the City
40 Charter.
41
42 INTRODUCED and ordered posted/published this 2011i day of October, 2014.
-43
44 ADOPTED this 17ffi day of November, 2014 by the following vote:
=45
46 Ayes: Albertson, Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller
=47 Noes: None
48 Abstain: None
49 Absent: None
50 - 1
51
5-
54 David Glass, Mayor
Ordinance No. 2514 N.C.S. Page 3
ATTEST: I n_
ftJ� �S ,
APPROVES S FORM
L�-
Claire Cooper, CMC, Crfy Clerk
Ordinance No. 2514 N.C.S.
Eric W. Danly, Cy
Attorney
Page 4