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HomeMy WebLinkAboutOrdinance 1116 N.C.S. 12/03/1973*• 11-15-73 AL ORDINANCE NO_ 11 N.C_.S. Fie) grm IT INTRODUCED BY C UNCILMAN. B COUNCILMAN, , I U" _6 221 J1. AN ORDINANCE AMENDING.Z,ONING OR - DINANCE NO, 1072 N.C.S. BY PREZONING A, P_ ., #136-100-19 & 316-100-20 FROM COUNTY "A" AGRICULTURAL TO R-1-6j5010,, SINGLE FAMILY RESIDENTIAL DISTRICT: AND A. P,. �#1367-10`0-0`8; 136-1-00.-,09, 136-100-10'AN A PORTION OF A.P. #13'6 -- 100, -18 and , 136,- 100-15 FROM COUNTY ''W' AGRICULTURAL TO PLANNED UNIT DE<VELOPMENT D'I'STRICT FOR APPROXIMATELY 2 ACRES; LOCATED ON, MADISON STREET NEAR ELLIS 'STREET.. BE ,IT! ORDAINED BY THE .COUNCIL OF THE CITY ,OF PE . TALUMA AS: FOLLOWS: Section- l That the City Council that the Planning Cbmmis- sion filed with the City Council on the 6th day of November., 1973, its .,report as set forth in 'its Resolution No,. 225-73 recommending the adop- tion Of an amendment to the Zoning Ordinance, : N0, 10'72 -N.C. by reclassifying by prezon-ing certain lands being more p " articular •described as follows: All that certain real property situata, lying and being.ift.the, City,, .1 - of Petaluma, County of -Sonoma, 'State o`f'C'aliforni-a, more particularly described as follows: A. P. #136-100 -1,9 and 136-100-2.0 Beginning at the Southeasterly corner af. lands of C A. Benedetti et. uK, in East Petaluma, Part of - ..Bl , odk 3'6 i of:. Har- Mon ° s Map,, as described in. - Deed recorded Octobex 16 ,, 19 45, Recorder's Serial No'. C-208:2,,- Sonoma, County- Records, said point of Leg being inning marked b - on the N id _yv a post orthwe'St e rly side of Madison Street as shown in said Map by H. H.-Harmon filbd for record in th office ol'the county Recorder of Sonoma County on tober 20 1887 - ing running thence along the 8out From said of beginning het line of the lands of 'Benedetti,, North 6',9* 00 W. 1-2.5 feet- . thence .Southwesterly and paral-lel to Madison Street 10"0 f eet; - thenc!a S,.i 69 00' E.. 125 feet to the Northwesterly steg-,1-y line of Madison Street thence" along said Northwbst6rly, lIne o.f. Madison ,Street Northeasterly 100 feet to the point of' A- P. #136-100-19 and 1,36 - 100 -20 to "be xeLcIaszifried from County "A" Agricultural to R-1- 6,'500 Single-Family 'Residential District-. All that real property situated. in the Sonom�a, State o f. Ca 1 L- fornia, and bounded and dels'c�ribed as follows:, A.,..­ P 13 6­710 0, 8 Beginning at a post which stands in.,fence corner on the north:- western :side Madison. iStreet,_aa, said street i,s:now open and fenced a t a point thereon which .is 91 feet southwesterly from.the north easterly "line of Ellis Street; thence, along the northwesterly side Of sai Madison Street S. 34 28`125 feet to a stake in fence; thence leaven g said street N. 69 West -575'feet to a stake'; thenc e N. 21 3/4" West, 32. feet to post on the northerly ban k of creek; thence N. 76 50 East, 332.2-feet topqs�t in fence corner of the northerly bank of said creek and thence 8_55' 15'\East 361.8 feet to the place of beginning. Containing 2! acres. Bearing'true. Variation 18: 1/2 'Ea ac A.. P # -9 A portion of Block 3 6, Map as shown on Map recorded in book 7 of Deeds, page 463, Sonoma County Records, and being more par tid u ­1.4rl.y described as follows: qjommend�ing , - at ,intersection of the existing' center lines • 'o,f­,','Mdd-,is�on and 'Ellis Streets in the City 'of Pet a Iuma and from "VIAch point. the int:erseCtion of Payran. and 'Madison Streets bear , So,,uth 35 00' West 8:&,1 5 feet distant; thence from said point of commencement 11'orth. 54' 5Ll' West 10 feet,; thence South 35' 00' West 1,6.5' feet - to the . nortl - izast corner o'f, said Block 36 said point also being the' , intersection . of -the, , westerly 'property line of Madison: Street and the Southerly 'property line of 'Ellis or Mary Street produced as shown on 'H`armon'sl original map of.,' the City of Petaluma; then along -said s!qutIYerIy_ line, 'N:orth, 54 5 W&st .1131.;,0. feet to 'an 'iron 'pipe 'and t •point of beginning of thei parcel of land to' be herein described; thence from . , said poi - nt of beginning continuing along said, southetly linee. North 54 51' West 15.2i feet to a point marked by .an iron pipe thence South 34 22' We-st 43.83 feet 'to a point .marked , 'by an 11 iron pipe set in the s,outhw6st 'rft - line, of the 8 acre tract, des in deed from C. B. Giacomini ux, to Otta"Vio Ai. Giacomini, dated January 1,1913, recorded in Book_,3Q9 of Deedsj, page 1,1,6; thence along said line. South -54 51:' . Eas . t - 15 2. O f eed to a point marked 'by an- iron pipe; thence North' 35 00 "' ' East 4 3 feet to the point of -beginning.. A.: P. 1,36 - 10 0 0 A porti,on of Block 3.6, Harmon,'& Map, as shown on map recorded in Book 7 .of Deeds, page 463, Sonoma County recordsj and being ffor,e, particularly described as follows: Commencing at the intersection of the existing center. lines of Madison and Ell-is Streets in the City• of Petaluma and from which - poin t, the intersection of pay-ran and ,Madison Stree I t-- bezits South 35 00 West, feet distant- thence, from ;said point -of 'commence - ment North 5 4 ° 51' West 30.0 f eet; thence South 35'q OV Werst- 16.50 f6bt to the northeast corner of said Block -36, said point. also be- ing, the inters'ection of the, Weztetl -. Madison Street- ye property line o f - and the s,outhiar1y property line 'of Ellis, or Mary Street ;produced, : as Shown on HarqeXis original map of th City of Petaluma, and 'the point of beginning he par . cel of land to be herein dezcribed g of t from said point of beginning and along said southerly line Of Ellis Street North 5,4 O 51' West 1,J7.0 feet• , to a point marked by an pipe�,;: thence South 35, 00 We;st 4,3.83 feet to a, point marked by an iron-- pipe set in the southwestern line of the 8 'acres tract described, in, deed from C. 'B. Giacomini, et ux, to Ottavio A,. Giacomini,, dated.January 1, 1913, and recorded in Book 309 0 of beeds, page 116;. t'h'ence. along sa line South '54' 51' East 137.0 - feet '* to a point marked _y b an iron pipe on the Westerly . 11'rie of Mad's-on Street;, thence along said West line North 35 00'! East _41- 3_8 3 f e e t to the point of begin�nin,�. A, Portion of A. P 136-10,0-15 A portion of Block 3:9, as numbered a.nd, designated upon the Map of East Retaluma., recorded October 20 1857,, in Book 3 o f • Maps ., page .2r8, 'Sonoma County Record-s , said portion being described as follo.wa Beginning at a 1/2" iron. pipe, driven on the Northwesterly line of Madison Street which marks L the Southeasterly corner 'of ,Lot-- Z'S , as numbered, and designated,, upon the map of Novak. Sub- :division, No., Ll'I etc. recorded Marc I h 4, 1953, in Book 69 of Maps, 'pages 19. and, 2.0, Sonoma County Records.; - thence . f rom the said point of beginning and along the Southwesterly line o-f Novak -,2,- Subdivision No. 1, the following.courses and distances: North 80 05' West, 179.8.6 feet to a 1I2,. iron pipe; North, 53° 41 West, 46 .91 feet; South 6° 1 °0" West, 48.45 feet; North 83 41' West, 20­fbbt;i North 6 19•' E'as"t, 60 .feet to a 1/'2" iron pipe; and North 53° 41' West, 2,60. feet to' a 1 %2" iron pipe which marks the most Westerl co te' le'aving the Southwes rl; y lneaod Novak Subdiwis•ion , No °�. 1� thenrce. f said subdi•visIion -, Sou_ th .3'6 ° 19 l West, and alohg'the °Nbrthweste -rly line of the 10 acres tract -of land conveyed to John L. Novak and wife, by Deed recorded December t 21, 1951, in Book 1096 of Official Records, page 219, Sonoma County Records, a distance of 128.04 feet,,,more or less to the most Westerly corner thereof;: thence South.54° 10' East, and along the Southwesterly line of said 10 acre tract, said Southwesterly line being on or near the center line of _Mary Street, a di:stance.of 491.10 feet, more or less, to the Northwesterly line of Madison Street; thence North 36 19' East, and along the Northwesterly line of Madison Street,, a distance of 20'7.96 feet, more or less, to the point of beginning.: southwestd30Xfeetlthereofandt�h =a.t portion lying northeast o.f the ,Saving excepting therefrom at-portion' of the southwest 30 feet , lying northwest of the southerly top of'bank of .Washington Creek,. A Portion of A. P .136- 1,00 -18 'The southeasterly 2'89. feet more or less of all that real property situated in the County of Sonoma,.State of'California, and bounded and described as follows: PARCEL ONE Beginning.at the most Northerly corner of:th:e tract of land conveyed by Virginia Perry to Joseph. M..Perr.y by deed dated November 19th, 1902, and recorded. Marcch 6th 19.05,, in Liber 219 ,of deeds at page 2:6:0 Sonoma County Records, which said deed is hereby referred to for a „more particular description of. said tract as conveyed to said Joseph M. Perry,., thence along the Northeasterly boundary of said tract South 5.5 East 1.0..00 chains to the most .Easterly corner thereof; thence leaving the Northeasterly boundary and along the Southeasterly boundary'.o_f said tract South 35 West ;11.90 chains; thence leaving said boundary South 55 East 7.67 chains to the Northwester,.ly side of Madison at a point thereon where said street is intersected by the middle line of Mary Street produced; Southwesterly along the Northwesterly side of said Madison. Street six (6) feet,; thence leaving sa °id IMadison Street North 55 West 13.64 chains to middle of gateway; thence South 35° West 0.56 chains; thence North 55°, West 3.82 chains to a,point which shall be twelve (12) feet from the North- westerly boundary of the aforesaid tract,; thence North 35° East :1.26 chains; thence North 55 West twelve (12) feet to said Northwesterly bounda r-y; thence along said boundary North 3'5 East ' 11.25 chains to the place of beginning,. Containing twelve and one ' fourth acres of land, .more; or less Saving and-excepting therefrom that portion thereof lying Southwesterly of the division line established in the agreement y, iacomini, first party, ' and executed b 'and between Ottavio A. G Lorenzo Cerletti, et ux, second parties, dated October 8, 19,1:3 and recorded October 1.4, 1913 in ,Luber 314 of Deeds., page 36 :0, Sonoma County Records. PARCEL TWO .: All that portion of the :8,acre tract described in Giacom •a b B. Gco ni, mini, dated et.ux, to.Ottavo A:, the deed re corded• March 4,,; •191 '3;, in Liber 309 of Deeds, page 116, Sonoma County Records, lying Northeasterly o . the division line established in the agreement ;: executed b 1 T, ” and between Ottavi.o A. Giacomi:n first party" " ", and Lorenzo Cerletti, et ux, second parties, dated October` 8;. 1913 and recorded October- 14, 1913 in Liber 314 of Deeds, page" 360, Sonoma County Records. -3- A. 'j?. #13*6-100-08, 1,36 - 1.00 -09 A. R. #136-100 .=,18 and, 1.36-100-15 to "A" :'A gri.c ultur al to R. U. D. , Planned proximately 2•.5. acres located on Ma', 136-100-10 and a Pbfti of be recla from County - Unit Development for' ap- • dison Street near Ellis Street.. Section- 2. The City Council further finds that said Planning Commission head hearings on said ,proposed amendment to the Zoning Ordinanc,e No. 1072 N,.G.8 on the day of November, 1973, after having given notice of sa hearing,s in the manner, for the Period, and in the orm required. by said Ordi -nance No. 1,072 N,'C,,S. Section 3. That. pursuant to the provisdons .:Qf. Zoning Ordinance No,. 1,07,2 'NI.,C. S. the City Council held a public hearing and, find's that the; proposed amendment. 'is in general conformit y with the Pet:a-luma General Plan, and the Environmenta-1 Des,iqh Plan,'and further,. that the' public interest convenience and - general welfare will be furthered by the 'proposed- amend- menIL, -Section 4. That purs-uant to the provisions of Zoning Ordinance No- 1072 R,C.S.,, the City CO'unic,11 hereby adopts an amendment to said Zoning Ordinance 1072 N.C.S so as to rec-la ssifY and Pre property- h des.:c.ribed as follows: AI. P.- #1,36-100-1 to R-1 "6,5,00, Sinqle-Family, A.P.. #136"1.0 0-08, 1,30-1,0 and, 136-100-15 f United ed Develppqe-xit District S t t e e i- t near- Ellis Street. and 136-1.00-20 from County- "A" A Residential District; and 136-100 136-100-10 and a portion-of A. rOmCounty "A" Agricultural to. P.U.D. j Planned for approximately 2.5-a cres' located on. Madison Section, S. The, City'• C-Ierk be., and she is' hereby directed to publish. this Ordinance in the 'Petaluma ARGUS-COURIER, the -official newa- 0 paper of the, City, 'including the • said, map showing the description of said property to be reclassified and pre for the period and in the manner required by the City Charter. 'ORDERED PUBLISHED this 19th of AYES: N O_E'S ABSENT: 3 November 1973, Cqunc,,Ll-men. Brunner, -. Da:ly Harberson, - Mdtte :and Mayor . P am. None, Nbner. fin. I hereby certify that the within ordinance. was published in full once in the Petaluma Argus-Cotfrl e�r, a daily paper of NN I N November, 2 , 4 73 general circulation published 'within, the City of _Petaluma, toewit ....................................... L ........................ .......... ------- 19.._...... • and that the said Petaluma Argus-Courier is, the official newspaper of the City of Petaluma. I hereby certify that the whole:• number of members of - the 'Council of the '.City of Petaluma is seven, and that the foregoli,fg ordinance was passed by the Council at its meeting of ....... Ind ........... day of _-_._..,_PAc:.embe-r: ...................... ......... i,9_373 by the ifolloAiffig vote to•wit: Harberson AYES': COUNCILMAN.. ....... ....................... ........................... COUNCILMAN: ............. ............................ ........ ....... AYE COUNCILMAN ....... .Ma t.t.e. i .................... .............. COUNCILMAN: ................................... : ................ ......... .. .. .. AYES: COUNCILMAN' - - Jr. ... ----------------------------------- COUNCILMAN: ........ .......................................... MAYOR Putnam. ................ .......................................................... Councilman ,Paly NOES�: 1 ............................ ................... .... ............... 7 .................. ... 'a anag, Jr... . - and" J Cavanagh, j ABSENT: Counci _ . ATTE .... 79�. Br' h ­­ ..................... e (SEAT;) C ITY CLERK The foregoing Ordiniance�,,N 1 N , _� ew Charter Series having been ' regularly passed and pres .......... I .............. nted to me this ..... -,.. rd b - 6 �e m b e r '19 is hereby approved by me th is. ... . ... .. ---- day of ................................. ...................... 1 aKd .................. day of Effective date.­.Jannaxy .... 2., - 1.9.7A., ............ . Denber. ..... . ---------- 1 i9.7:3:. . ....... ..... ----------------------- .. ...... . . MAYOR