HomeMy WebLinkAboutStaff Report 3.B 02/01/2016DATE:
TO:
FROM:
Agenda Item #3.B
February 1, 2016
Honorable Mayor and Members of the City Council through City Manager
Heather Hines, Planning Manager
Jacqueline Vance, Assistant Planner
SUBJECT: Adoption (Second Reading) of an Ordinance Amending the Zoning Map
contained in the Implementing Zoning Ordinance to Rezone two city owned
parcels adjacent to East Washington Creek from Residential -4 (R4) to Open
Space -Park (OSP).
RECOMMENDATION
It is recommended that the City Council adopt an Ordinance Amending the Zoning Map
contained in the Implementing Zoning Ordinance to Rezone two city owned parcels adjacent to
East Washington Creek from Residential -4 (R4) to Open Space -Park (OSP).
BACKGROUND
At their meeting on January 25,, 2016, the City Council approved, by a vote of 6 -0 (Mayor Glass
absent), introduction of the ordinance to rezone two city -owned parcels from R4 to OSP. No
modifications were made to the draft ordinance at the meeting.
ATTACHMENT
1. Draft Ordinance Approving a Zoning Map Amendment
EFFECTIVE DATE ORDINANCE NO. N.C.S.
OF ORDINANCE
Introduced by
Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING
MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE TO CHANGE THE ZONING
OF TWO CITY OWNED PARCELS ADJACENT TO EAST WASHINGTON CREEK
APNs 007 - 610 -030 and 007 - 610 -032
FILE NO. PLZM -15 -0002
WHEREAS, the City of Petaluma initiated a Zoning Map Amendment (File No. PLZM -15-
0002) to rezone the two City -owned parcels adjacent to East Washington Creek (APNs 007 -610-
030 and 007 -610 -032); and,
WHEREAS, on December 8, 2015, the Planning Commission held a duly noticed public
hearing to consider the proposed Zoning Amendments; and
WHEREAS, on December 8, 2015, the Planning Commission recommended approving the
Zoning Map Amendment to change the zoning of the property from R4 to OSP; and
WHEREAS, on January 25, 2016, the City Council held a duly noticed public hearing to
consider the proposed Zoning Map and Zoning Text Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on
the Planning Commission's recommendation, City staff report and public hearing, the City
Council adopts the Zoning Map Amendment, as described above and set forth herein, based
on the findings made below:
1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the
subject parcels (APNs 007 -610 -030 and 007 -610 -032) to OSP is, pursuant to
Implementing Zoning Ordinance Table 2 -1, consistent with and implements the Open
Space land use classification of the General Plan as already existing for the parcel.
2. The proposed rezoning would limit uses as appropriate along East Washington Creek
and is consistent with the established character of the surrounding neighborhood
and the intent of the South East Planning Subarea of the General Plan.
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3. The proposed rezoning to OSP is consistent with the following Petaluma General Plan
policies: Policy 2 -P -106 (Enhancing East Washington Creek) and Program 4 -P -1 (D)
(Creating Creek Setbacks) :
4. The proposed Zoning Map Amendment is consistent with the public necessity,
convenience and general welfare because it will preserve the open space buffer
along East Washington Creek, provide adequate separation between the creek and
the neighboring multi- family development, encourage riparian habitat by limiting
development potential, and enhance the use and enjoyment of the creek. The
zoning amendments will return the zoning to its previous designation and correct the
inadvertent rezoning of the City -owned parcels.
5. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the determination that the zoning amendment is categorically
exempt from CEQA pursuant to CEQA Guidelines § 15061(b) (3) (General rule) and
also not subject to any exceptions to use of a Categorical Exemption provided at
CEQA Guidelines § 15300.2 (Exceptions).
Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
amended to modify the zoning district of the two City -owned parcels adjacent to East
Washington Creek (APNs 007 -610 -030 and 007 -610 -032) from R4 to OSP.
Section 3. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this ordinance are
severable. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact
that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be held unconstitutional, invalid, or unenforceable.
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or
publish this ordinance or a synopsis of it for a period and in the manner required by the City
Charter.
INTRODUCED and ordered posted this 25th day of January, 2016.
ADOPTED this [insert day] of [insert month], 2016 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
David Glass, Mayor
ATTEST:
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
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