HomeMy WebLinkAboutOrdinance 1127 N.C.S. 03/04/1974C K ) -
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INT U D BY COUNCILMAN. K
,•SECONDED BY COUNCILMAN
AN ORDINANCE REPEALING- ORDINANCE'No. 10183 N.C.S.
AND AMEND'ING..ZONING ORDINANCE NO. 1.072'N..C.S. BY -"
RECLASSIFYING UNITS 1 AND 2 AS SHOWN`ON THE GEN-
ERAL DEVELOPMENT'PLAN OF THE WES PLANNED
COMMUNITY LOCATED IN THE "I" STREET AND SUNNY-
SLOPE ROAD AREA FROM A PCD (PLANNED- COMMUNITY
DISTRICT) TO A PUD (PLANNED UNIT DISTRICT)
(CONDIOTTI)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PE.TALUMA.AS FOLLOWS:
Section l v That'pursuant to the Mandate of the Superior Court
for the'County of Sonoma, in the case of Madick et al v. the City of
Petaluma, Superior Court No 73438, the court'did' mandate that Zoning
Ordinance•.No. 10.83 N.C.S. .be set aside, and in accordance with said
mandate said Ordinance 1083 N.C.S. is hereby repealed.
Section 2. . That the City Council finds that the Planning
Commission has filed its Resolutions No. Z -6 -73 and, Z -3 -74 as its re-
port and recommendation of the adoption of an amendment to the Zoning
Ordinance No.. 1072 N.C. :S. by reclassifying and'r'ezoning certain lands
being more particularly described.as follows:
All that certain real property situate in the City of Petaluma,
County of Sonoma, State of California,. described as follows:
Beginning at the Southwesterly corner of that ce'rta'in parcel of
land described in the Deed to Frederic Eckmann,, et al, recorded
in Book 2095 of Official Records at Page 993, Sonoma County
Records; thence leaving said POINT OF BEGINNING along the
Southerly line of said parcel of land North 8:9 24' 23" East,
1558.09 feet to an angle corner; thence North 250 39' 45" West,
124;00 feet; thence South 89 37' 33" East, 158.75 feet to a
point on the Westerly line of the "I'" Street Extension; thence
leaving said So:utherly,lne North 60 East, 25.00 feet
to the centerline of said "I'" Street Extension; thence along
said centerline North 29 07' 41" West, 1110 feet more or less;
thence leaving said centerline South 6 West., 150 feet more or
less; thence South 56 West, 4,35 feet more or lest; thence South
2 00' West, 145 feet more or less; thence South 77 West, 235
feet more or less; thence South 13 East, 8.5"feet more or less;
The South,87 West,, 26 "A feet,more or less; thence North 13
West, 375 feet more or less; thence North 170 We,st, 150 feet
more or less; thence North 27 West, 430 feet: more or less;
thence North 19 West, 54 feet more or le ss; thence North 5
West, 54 feet more or less; thence North 14 East, 115 feet
more or
less to a point on the Northerly line of Sunnyslope' a
Road; thence along said Northerly line the following courses
and distances; North 70 34' 07" West, 61' feet "mor°e or 'less;
North 76 45 "" :West, 273 feet more or less, North 5,Z 12'
39" West, .177 feet: more or less to a point on the Northerly
prol.ongation•of the Westerly line of the First Tract of Land
,conveyed to Freda Smith by Maria H.ilmer et al, by Deed dated -
Marchy`11, 1913 and Recorded May 16, 1913 in -Lber 312 of Deeds
Page 70'Sonoma County Records; thence along said Westerly line
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of the land of Freda Smith and leaving the Northerly line of
unnyslo.pe Road the following hearings and, 'distances, South 21
34' 39" West 667,.68 feet thence South 1 11' 08 " `West 543.84*
feet more or less to the South- Westerly corner.of`•the second
parcel of land conveyed to Freda Smith Recorded..in, ,Liber 3.12
of Deeds .P;agei 7.0 Sonoma County Records ;' thence Along th °e ~
Southerly line of the said second Parcel of Land -f Freda;
Smith South 89® 22' 26 East 74 feet to the Westerly line
of the Lands of Josephine Eckmann Recorded in Book 2095 at
Page 9193 Official Records of Sonoma County; thence along said
Westerly line of the lands of Josephine Eckmann and the'Wester °ly
line` of'the here•inabove mentioned.lands.of Frederick Eckmann,
et al, South 12 19' 01" East, 657.93 feet to the POINT OF
BEGINNING,.
Containing 47 acres more or less.
NOTE This boundary is a _ °`
y pproxmate . only. The final• _boundary
will be determined by a precise and final, map.,
Section 3 . The. 'City Council has reviewed staff r:eporl's,, the
Environmental impact.-Report and Amendments, its minutes,, the tentatd-ve
map of the. ro osed
p p. project and conditions on _approval,, has het °rd oral
testimony of the staff, and the evidencespf6vio.usly submitted to it-
'and the City Council finds that no further evidence is required and
public notice in the hearings thereon are dispensed by virtue j pf ; the -
Writ of Mandate.
Section 4 . The City Council finds that :sa d.Planning Comm-is-
sion held.hearings on said 'proposed amendment to the .Zdning Ordinance.
No. 1012 N.C.S an the '6th day of March, 1973, after having . given notice
of said he.ar.,ings in the manner, for the period, and in the form required
by said Ordri•ance No. 1072 N.C.S.
Section '5 That
pursuant to the p,rovispns of
Zoning ',Ordi
nance 1072 N..C:.S. the City ouncil held a
Y public hearing and, finds
that the proposed Amendment is -in general conformity with the R;etaluma
General Plan and the Environmental Design'. Plan,; and that the public.
interest, conven'ie ce, and general welfare w ll'be furthered by the.
proposed amendment_,
Section 6 . That pursuant to Section 1.9- 9'0'0' and :Sections
19.901,,1 through 19- =90:1.4 of said. Zoning Ordinance No,. 1072 N,. ?C.S:. the
City Council further finds as follows,::`
(a) The plan for the propoased 'development clea"r,ly results
in, a more desirable use of land and a better physical. environment .
than would be possible under any single zoning district or combination
of zoning districts.
(b;) The property has a suitable relationship to one ('1) or
more thoroughfares; and said. thoroughfare, as proposed, is adequate to
carry any additional traffic generated by the development. ( "1 Street
is proposed to be improved to'a 4;2 foot width, adequate to handle pro -
jected traffic .needs. )
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(c) The plan for the proposed ,developmeint presents a unified
and organized arrangement of: buildings and.service facilities which are
appropriate in relation to adjacent or nearby properties an that adequate,
landscaping and /or screening is included if necessary to insure.compatibility.
(d) The natural and scenic qualities of the site are
protected,
with adequate: available public and private spaces designated on the Unit
Development Plan.
(e) The development of the subject property, in the manner pro-
posed by the applicant, 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 zoning regulation of the City of Petaluma, with
the Petaluma General Plan, and with any applicable Environmental Design
Plans adopted by the City.
Section 7 . That pursuant to the provisions. of Zoning Ordinance
No. 1072 NC.S., and based upon the evidence it has received and in accord-
ance with findings made, the City Council hereby adopts an amendment to
said Zoning Ordinance No. 1072 N.C.S. so as to reclassify and rezone said
property hereinbefore described from a PCD (Planned Community District)
to a PUD (Planned Unit District).
. Section 8 . This ordinance is hereby declared to be necessary
for the immediate preservation of the public peace, health and safety and
shall takeieffect and be in force upon its pass,a,ge by unanimous vote of
.the members of the City Council present at the time of its adoption. The
reason for'the emergency is that the Superior Court has retained jurisd.ic-
.0 tion,over this particular rezoning process and has directed it be returned
to it for further proceedings on March 11, 1974. In order that the Court
may act meaningfully it must have before it an ordinance that is in force
a.t the time of the aforementioned hearing.
Section 9 . The City Clerk be, and she is hereby directed to '.
p4a�&t /p,ublish this Ordinance for the period and in the manner required by
the City Charter.
.ORDERED POSTED /PUBLISHED this ___.L_ day of 1974.
`AYES: Councilmen Brunner, Cavanagh, Jr., Daly,'Harberson,
Mattei, Perry, Jr., and Mayor Putnam.
NOES: None
ABSENT: None.
c
Attest: "
Depu City Clerk
Adopted; this day of .ci 1974.
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t I hereby certify that the within ordinance was published in full once in the Petaluma Argus- Courier, a daily: paper of
Februar 23
1 general circulation, published within the City of Petaluma, to -wit .. ....................... ....... ..y......... ...... 19....
and that the said Petaluma Argus•Courier is the official newspaper of. the City of Petaluma.
1 -hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the
foregoing ordinance was passed by the Council at its meeting of. ...... ah............ day of ..... MAr- Ch ............ ...............................
197A., by the following vote, to -wit:
AYES': COUNCILMAN ............ Brunner. . . . ................................. COUNCILMAN: Daly. ............... --- .............
...................
AYES: COUNCILMAN........... CaVariagh, Jr . COUNCILMAN: ... Mattel
AYES: COUNCILMAN ........... -........................................................ COUNCILMAN: ..........................................................
MAYOR ...---.... . Putnam
................ .........................
NOES: .... er$on- .- : and,.j ?.erry, Jr.
ABSENT N,one......- -<. ................5 ........ _,.....
T
ATTEST:
(SEAL) � CITY CLERK
The foregoing Ordinance- Number_1 .27...New Charter Series, having been regularly passed and presented to me
4th day of ......:Mash 7 4 y pp 4 t - - . y
this ................ ...... arch 19..... -...., i s h ereb y a by me this............. h................da
of .......................... M ---••-•---. .........------ .......... - - - - -> 19... 7.4. Effective date - -- -- A I ..... y.l .: 3 .x....19 .7-4 ......
CC -7 -6/64 .. - -- ......... -- ---- ----------
MAYOR