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HomeMy WebLinkAboutOrdinance 1482 N.C.S. 09/14/1981, .~- ~•:fi -. ORDINANCE N0. ~-~82 NCS INTRODUCED BY : G, Roland Bond SECONDED BY: William A, Perrv, Jr, AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1072 NCS BY PREZONING ASSESSORS PARCELS #17-030-17, 17-050-03, 17-050-04, 17-140-05, 17-140-08, 17-150-11*, 17-150-12, 17-150-13, and 17-150-14 (*portion of 17-150-11) TO PLANNED COMMUNITY DTSTRICT CONSISTING OF APPROXIMATELY 574 ACRES (Tocated in vicinity of Frates Road and Lakeville Highway) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RETALUMA AS FOLLOWS: Section 1. That the City Council finds that the Planning Commission filed with the City Council on September 8, 1981, its report as stated in the Resolution set out in its minutes of August 25, 1981, (Item No. 3.252) recommending the adoption of an amendment to Zoning Ordinance No. 1072 NCS, by prezoning, to Planned Community Districts certain lands (more particularly described in Exhibit "A") as A.P. Nos. 17-030-17, 17-050-03, 17-050-04, 17-140-05, 17-140-08, 17-150-11*(portion description attached as Exhibit "B"), 17-150-12,17-150-13, and 17-150-14. Section 2. The City Council further finds that said Planning Commission held a public hearing on said proposed amendment to Zoning Ordinance No. 1072 NCS on the 25th day of August, 1981, after having given notice of said hearing in the manner, for the period and in the form required by said Ordinance No. 1072 NCS. Section 3. That pursuant to the provisions of Zoning Ordinance No. 1072 NCS, the City Council has held a public hearing and finds that the pro;p.as~damendment is in general conformity.with the Petaluma General Plan and Environmental Design Plan, and further, that the public interest, convenience and general welfare will Ord, 1482 -1- ' :~~ : be furthered by the proposed amendment, and the findings of the Planning Com- mission (attached hereto as Exhibit "C" and incorporated by reference) are hereby adopted as the Findings of the City Council. Section 4. All adverse impacts, proposed mitigation measures, and alternatives to the proposed action have been addressed in the Final Environ- mental Impact Report approved by the City Council on August 24, 1981, as set forth in Resolution No. 9264 NCS, and further, that Exhibit "D" which is hereby incorporated by reference makes the necessary findings required under Title 14 of the California Administrative Code Sectior`s 15088-15089. Section 5. That pursuant to the provisions of Zoning Ordinance No. 1072 NCS, and based upon the evidence it has received and in accordance with the findings made, the Council hereby adopts an amendment to Zoning Ordinance No. 1072 NCS, so as to prezone said property herein described to Planned Community Di stri ct. Section 6. The City Clerk is hereby directed to ~/publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED AND ORDERED POSTED/PUBLISHED this ei~h th day of September, 1981. ADOPTED this 14th_ day of September, 1981, by the following vote: AYES: Councilmen Perry, Harberson and Vice Mayor Cavanagh NOES: Councilman Balshaw ABSENT: Councilmen Bond, Battaglia and Mayor Mattei %V ~ ~ ~dro~~-~ . ~ ck Cavanagh , J r, ~ C qyOC' ATTEST: atricia E. Bernard, ~ity Clerk Ord. # I482 NCS A oved by C' y Attorney Page 2 ~ ,; ,~ E CASA aR;:1NUE ' FtIGN. SCHOOL. . i- ~• ~ • DCourtrywooGt:' Sutidi°vie i on . ZONI;NG ,LEG.ENID , , -0t7•030d7 ' 5:79'AC. . ~~ ~ C1 Se _ a' ;~. ~ 7` ° ~ °, 0 ° v . ~ 0 ----.,,--.....~ I f " Page ~ l of ~l ~~HI~~~° ~ . , ~;C~111~~ t°l• OBERKAMPER & ASSOC'IATES CIVIL ENGINEERS, INC. August 18, 19 81 LEGAL DESCRIPTION 1~ARCEL G Being a portion of the lands of John and Vincent Frates as described by deed recorded in Book 3634 of Official Records at Page 775, Sonoma Coun:ty Records, and also being a portion of Lot 233 as said Lot is shown on Rowe's Map of the Pe taluma Rancho which is on record in the office of the Sonoma County Recorder in Book 8 of Maps at Pac~e 15, arid more particularly described as follow.s: Conunencin~, at a point which is cal_led "Point "-A in the deed from John an d Vincent Frates et al to the Pacific Gas and Electric Company, for a 120 foot wide electric trarismission line easement, and which i,s described.in Book 1991 of Official Records at Page 774, Sonoma County Records; thence from said "Point A" an d along a line ~~hich is parallel to, and 30.00 feet northeaster'ly of, the southwest line o~f said Lot 233, South 54° 27' 05" East 60.00 feet to the.True Point of Begin- ning of the following described Parcel: Thence f rom said True Point of Beginning.North 35° 42' 00" East 1621.26 feet along the southeast line of said 120 foot wide easement to the Nor.theast line of said Lot 233; thence along;the northe:ast line of said Lot 233,.North 54° 30' 27" West 1001.07 feet to the southeast Righ t of Way~line of ~ Frates Road (A County Road) as described by deed in Book 2410 of Official Records at Page 501,. Sonoma County Records; ther:ce South 35° 42' 00" W`st, and alo:~g said Ri.ght of Way line of Frates Road, 1650.28 feet to the intPrsection wi.tb. tHe northeasterly ~line of ,Lot 232 as s'a~:id Lot is sh~wn on Rowe's Map of the Petaluma Rancho ( 8 Maps 15) ; thence along said northeasterly line of Lot 232 N~rth 5~4° 27' 05" West 1001.07 feet ~ore or less to a point; then~ce N~r~th 35° 42' . 00" East, 30.00 feet'more or less to~the " True Point of Beqinning". Containing 37.94 acres m~re or l,ess. Be~nq a portion of A.P, N~. 17-150-11.. ~ Ord~, 1482 ~ ~ ~ Paae 1 of 1~~~~~~~ ~ ~ . . ~ ~ ,. ~ FXHTBIT OLD ADOBE/FRATES RANC~i PLANNED COMMCTI~~T'1.' DISTRICT PREZONING FINDINGS l. That the development proposed is in substantial harmony with the General Plan of the City of Petal~una, and is or can be coordinated with existing and planned development of the surrounding areas. 2. That the streets and thoroughfares proposed are suitable and adequate to serve the proposed uses and the anticipated traffic which will be generated thereby. 3. The facts submitted with the application and presented at the hearing establish that: 4. Developn~nt of the P-C District will be initiated within a reasonable time by su}~niittal of an application for a Planned Unit Develo~anent Permit, or other appropriate action. 5. In the case of proposed residential development, that such developm~nt will constitute a residential environment of sustained desirability and stability; that it will be in harmany with the character of the surrounding area; and that the sites proposed for public facilities, such as schools, playgrounds and.parks are adequate to serve the anticipated population and are acceptable to the public authorities having juris- diction thereof. 6. In the case of proposed industrial, or research uses, that such devel- o~xnent will be appropriate in area, location and overall planning to the purpose intended; that the design and.development standards are such as create an industrial environment of sustained desirability and stability; and that such development will meet in perfornlance standards established by Article 22. 7. In the case of proposed c~rcial, institutional, recreational, and other non-residential uses, that such develo~xnent will be appropriate in area, location, and overall planning to the prupose intended; and that such development will.be in harnlony with the character of the surrounding areas. EXHIBIT Ord, 1482 Page 1 of 1 ~~~~~~,~ ~ EINDINGS AND STAZ~"IQVT OF FACTS ~l~ 'Air The Old Adob%Frates Ranch Final Environm~ntal:Im~act Report identi- fied significant potential air qiiality effects.resu:l;ting from the proposed project. ' ~ These effects were considered in Ci~y Counci:l Resolution No. 9265 N.C.S. dated August 24,. 1981~wherein a statement of overriding conside.rations was in- cluded6 which. is ° hereby. incorporated by.. referen~e: 2 ) Water ~ . Effect - Increased Surface Runoff and Sedimentation., Site sedimentation characteristics:, whiie not;severe;: are i.n~ortant beeause of the potential for ~ a signifieant c~urnzla€ive~ sedimeiit .discharge, due_ to t.he large site area. Sedi- ments woulel be transported into~the local and regional drainage nets, ultimate- ly entering San Francisco Ba.y.via the Petalluna,River: Effect - Potentials;for Flooding and~Degradation~.of Onsite Stream Channels. Increases in surface runoff from paved surfaces and buildings would increase flaws~-in Adobe and"Ellis creeks, thereby increasing potentials for sea- sonal floodirig.asid stream cliannel erosion; arid',, as a result, increasing long-term sedimentation attributable to the project. Effect - Long-Term Water Quality impaets'. 'Local surface water quality Wouia be influenced in the long-tenn by 2 factors: increased,pollutarit loads in run- off from added urban surfaces. TJrban pollutant loadi-ngs originating from project urban su~aces and golf course ,fer.tilization eould increase the total Petaliuna: Rtver_ ,loadings by about 5 percent: :, .-,. -1- O,rd , 1:4~82 . ~~~~~~~ ~ ~ ~Page 1 of 3 Firiding - Changes have been incorporated. into the project which would mitigate the above meritioned significant environmental°~effects identified. in the Environ- i mental Impact Report,, , Stateme:nt of Fact.- A surface water quality and sedimentation control plan is required as a conditiori qf the Planned Co~tunity Developirient prezoning. Said plan must be reviewed and approved by key agencies havi:ng jurisdiction in these matters, prior to issuance of grading or building pennits. 3} Land , The Envi:ronme.~ztal Impact Report identi.fied two, unmitigatable significant potential land in~acts resulting fram the proposed project. City Council Resolution No. 9265 N.C.S., dated~August 24, 1981 considered siynificant effects of urban area expansion and,conversion.. of productive agri- cultural land to non-agricultur-a1 uses and made appropriate findings and state- ments of facts regarding said effects. Effect-'I'he Tolay:fault, classified as "poteritiall:y active," appears to traverse the portion of this site proposed for golf course use. Potential ing~acts include surface rupture of golf course ground.s. Effect - Anticipated future earthquake~activity.from active faults in the region co,uld cau~e severe groundshaking and localized failure of creek banks. Potentials for lateral spreading,, co~action, .lurching and liquefaction are considered laa. Although it is possible that material suspectible to liquefaction or co~action.is present within the alluviLUn beneath the site, there is no information available on conditions belaw 12 feet. Finding - Changes have been incorporated.into the project which would mitigate the significant environme.ntal effects `identified in the Environmeiztal.Impact Repor-t. ' Statement of ~Eacts - Additional investigatibn and modification of plans to re- flect findings of said~investigations have been reguired as a condition of the Planned,Consnunity Dev,elopment prezoning. Investigation and any plan modifica- tion required wouTd be completed prior to issuance of any grading or building permit. ' ~. -2- . ~~~~~~~ ~ . . ~:Or;~, .1482 - Pag'e 2 ~of 3 ._.~?' ~ F . ~ - . . . 4) Minerals - No si.gnificant adverse.effects. . 5) FTora . ~ ~ f' , Effect - Limited realignment, to Ellis Creek and its tributaYy could result°in significant effects on rigarian vegetation and wildlife. Li:kely alteriiat.ives wbuld be construction of. localized.channel.protection devices, necessitating l~mited vegetatiori re~val. The greatest amount of vegetation removal.would occur',!at°the junction~of E11is Creek and its tributary.where a realignmQalt.of the channels is proposed'. Finding - CYianges have been iricorporated into the,project which would mitigate the sign.ificant.environmental effects ielentified in the Environme.~ztal Impact Report. ~ . Statement of Facts Project ~plans, have~`been~ altered .to avoid realigxunent of Ellis Creek. A creek preservation and improyemerit plan has,beem:reqitired as a condition of the PTarined Cammunity Developinent prezoning. The plan will be reviewed. by the State Fish and Game Depar~xlt and approved by the :Planning Corrunission. ' 6) Fauna. No 'signifieant adverse effects: 7) Noise . Significarit adverse effects have been identified, however, only the resi- dential portion..of this project will be affeeted. Specific effects, the requisite findings and facts will,~therefore;, be addressed,at sueh time as~the residential Planned Unit Develo~nent rezoning occurs. 8) Objeets of.Historical!Significance. ' Effect - Lpcation of"the golf course near the Petaltuna Adobe would en- hance recr-eation ex~riences,for users of the golf course, but could detract from recreational experiences at the historical montmlent. Einding - Chariges have'rbeen incorpor-ated into the pro~ect which would mitigate the significarit envircjni~a~tal effects ~ideriti:fied i.n the Environmental Im~act Report. • Stateme.nt- qf ;Facts' -~As a:condition of the ~Planned Community Develo~ient prezoning;:special,review will be conducted by the-Planning Departrnent to evalua'.te landscape.buffering along.the perimeter of ~e golf course in.the vici.iiity of: the' ~eta~ltmia ~dbove State. Park. ~ -3- ~ ' . O~d, 14',82, ~~~~~~~ ~ Pqae~ 3 .of 3