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HomeMy WebLinkAboutOrdinance 1153 N.C.S. 07/15/1974f EER:mi ORDINANCE' NO 1153, N . C. S. 6 -26 -74 G DP ! MA INTRODUCED BY COUNCI -LMAN SECONDED AY COUNCILMAN AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S. BY RECLASSIFYING PORTIONS OF A. 'P. #7:- 2;80 - CONSISTING OF 6,6 ACRES; LOCATED ON McKEN;ZIE AVENUE,,,, FROM PLANNED COMMUNITY DISTRICT TO PLANNED UNIT DISTRICT (PHASE OF GREENBRIAR SUBDIVISION':) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1 . That the City Council finds that the Planning Commi:s- sion filed with the City Council on the 18th day of June, 1974, its report as set forth in its Resolution No. Z5 -74, recommending the adoption of a'h amendment to Zoning Ordinance No. 1072 N.C.S. by reclassifying and rezoning certain lands being more particularly described as follows; All, that certain real property situate, lying and being in the City of Petaluma, County of Sonoma, State of; California, more particu- larly described as follows: Being a portion of the Lands of Washington Square Shopping Center and Petaluma Gardens, recorded in Book 2458, at Page 634;of Official Records, Sonoma County, being more particu- larly described as follows: BEGINNING at the most Easterly corner of East Washington Square Center ;Unit One, Subdivision Map recorded in Volume 169 of Maps at Page 47, Sonoma County, said POINT OF BEGINNING being North 54" 31' 30 West, 30 feet from the City monument marking the centerline of McKenzie Avenue; thence from said POINT OF' BEGINNING and following along the Northeasterly boundary of said East Washington Square Center Unit One, the following courses: North 54® 31'' 30 ", 450.00 feet; thence North 9 31' 30" West, 294.24 feet to a point on the Southerly line of Par - cel'No. 1,, Deed recorded in Book 255.5,at Page 905 of Official Record's, Sonoma County. Said point also being on the Southerly line of the 27. -64 acre, tract conveyed to Marie dutermute by Deed recorded under Records Serial No. E- `5744.0, Sonoma County Records; thence leaving the most Northeasterly corner of said East Washington Square Center Unit One, and following along the;Southerly line of said 27.,64.acre, tract conveyed to Marie Gutermute, North 87 33' 23 East, 36.41 feet to a point which marks the most Westerly corner of the 27.69 acre tract conveyed to Carlisle Smith Gut:ermut.e, Deed recorded under Records Serial. No. E- 574;318, Sonoma County Records; thence along the Southerly line of said 27.69 acre tract conveyed to Carlisle Smith Gutermute., North 18 47' 41 ".East, 529.62 feet to a point which is on the Southerly extension of the Westerly line of Maria Drive as shown on the subdivision Map recorded in Vol. 118 of Maps, Page 14, Sonoma County Records; thence leaving last said 27.-69 acre tract along said Southerly extension, South 11® 1V 3.0 East, 2.2`7.32 feet; 'thence along a tangent curve to the right with a radius of 32.0. feet through a„ central angle of 46° 42" 0.0" for an arc length of 260.82 feet-; thence South 35° 28' 3,0" West, 226.97 feet to the POINT OF BEGINNING. Containing 6.115 acres more or less. -1- Section 2 . 'The City Council further finds that said Planning Com- mission held hearings on said proposed amendment to_Zoning Ordinance No. 1072 N C..,S.., on the 18th day of June;, 1974., after having given notice_,of said hearings! in the manner, for the period and in the form required by said Ordinance No.. 1072 N:.C. S , Section 3 . 'That pursuant to the provisions of Zoning Ordinance No. 10.7.2 N.C. S,. , the City Council held a - public: hearing rand finds that the proposed amendment is in general conformity with the`Petaluma General Plan, and the Environmental Design Plan,.and further, that,the; public in- teres�t, convenience and g enera we -lfare w be furthered by the :proposed amendment,. Section 4 . That pursuant to:Secton 19 -900 and Sections 19.. through 19.9`01.4 of said Zoning Ordinance No. 1072 N.C.S. , the: :City Coun -, cil further f "inds as follows: (a) The plan for the proposed development clearly results in a more des`irab'le use of land and a better physical environment than would be possible under any single zoning district or combination of zoning districts. (b) The location of the district is on property that has a suit- able relationship to South McDowell Boulevard and East Washington street by way of McKenzie Avenue and Maria Drive. (c) The plan . for the proposed development presents a unified and organized arrangement of buildings and service facilities which are appropriate in relat %on to. adjacent or nearby properties anal that ade- quate 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 designed on the Unit- Development P`lan.. (e) The development of the subject property, -n the ma-nner 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 wit °h any applicable En- vironmental `Des "i'gn ;Plans adopted by the City. Section 5 . That pursuant to the 'provisions of Zoning Ordinance' No. 1,072`N.C.S., and based upon the evidence it has received and in ac- cordance with findings made, the City Council 'hereby adopts an amend- ment to said Zoning Ordinance No. 1072 N. C. S , ,so as to reclassify and rezone said property here ,nbef ore. descr.ibed from a Planned Community District to a Planned'Uni,t.Dist Section.6 The City Clerk be, and she is hereby directed to 3 -2- A 1 a - X4 1 1 y publish' this Ordinance for the period and in the manner required by the City Charter. ORDERED PUBLISHED this 1st day of July 19 74. ADOPTED this 15th day of July_ , 1974. AYES: Councilmen Brunner, Cavanagh,, Jr., Daly, Harberson, Mattei, Perry, Jr., and Mayor Putnam. NOES: None. ABSENT: None. Mayor Attest City Clerk ONX -3- t s -3- I hereby certify that the within ordinance was published in full once in the Petaluma Argus %Courier a daily paper of general circulation, published within the City of Petaluma, to>wir JUIY 5 __.. ...... 1974.... 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 foregoing ordinance was passed by the Council at its meeting of ... 15 `th........... day of .............. •. JLllY ................................... , 191A., by the following vote, to AYES: COUNCILMAN Brunner ..... ..... .. .. ......... COUNCILMAN: --.:-- HarberSOn....................... AYES: COUNCILMAN ..... ........... Cavanagh_, J -r. COUNCILMAN: .. -. -. Mattel AYES: COUNCILMAN - :.. >.::.. Daly COU'N,GILMAN: P2Y .......................... ....... MAYOR .........:.... Putnam ......... : ................. :............ ...................... NOES:, None ................................................................ ............................... ABSENT: No IT _ : ........ ................. ....... .. .. .. ATT ......... ... .:.. .......... _ _ (SEAL) i CITY CLERK i The foregoing Ordinance Number 115:3.. Neal. Charter Series; having been regularly passed and presented to me this ....... 1 5th.....::.. ... day of ... ......-- JUI:Y..... 197:4:..., is hereby approved by me: this ........ 15.th. ........... day of.................. JulY....._ . ................. . . . ... .........:... ' 19....7.4, CC -7 -6/64 Effective date::.. Au u$t 14, 1974 MAYOR