HomeMy WebLinkAboutOrdinance 2564 N.C.S. 02/01/201644
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EFFECTIVE DATE ORDINANCE NO. 2564 N.C.S.
OF ORDINANCE
March 2, 2016
Introduced by Seconded by
Mike Healy Gabe Kearney
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:
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.
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).
Ordinance No. 2564 N.C.S.
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1 4. The proposed Zoning Map Amendment is consistent with the public necessity,
2 convenience and general welfare because it will preserve the open space buffer along
3 East Washington Creek, provide adequate separation between the creek and the
4 neighboring multi - family development, encourage riparian habitat by limiting
5 development potential, and enhance the use and enjoyment of the creek. The zoning
6 amendments will return the zoning to its previous designation and correct the inadvertent
7 rezoning of the City -owned parcels.
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9 5. The requirements of the California Environmental Quality Act (CEQA) have been satisfied
10 through the determination that the zoning amendment is categorically exempt from
11 CEQA pursuant to CEQA Guidelines § 15061(b) (3) (General rule) and also not subject to
12 any exceptions to use of a Categorical Exemption provided at CEQA Guidelines § 15300.2
13 (Exceptions).
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15 Section 2, The Zoning Map contained in the Implementing Zoning Ordinance is hereby
16 amended to modify the zoning district of the two City -owned parcels adjacent to East Washington
17 Creek (APNs 007 - 610 -030 and 007 - 610 -032) from R4 to OSP.
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19 Section 3. Severability. If any provision of this ordinance or the application thereof to any
20 person or circumstance is held invalid, the remainder of the ordinance, including the application of
21 such part or provision to other persons or circumstances shall not be affected thereby and shall
22 continue in full force and effect. To this end, provisions of this ordinance are severable. The City
23 Council hereby declares that it would have passed each section, subsection, subdivision, paragraph,
24 sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
25 subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
26 unenforceable.
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28 Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption
29 by the Petaluma City Council.
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31 Section 5. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or
32 publish this ordinance or a synopsis of it for a period and in the manner required by the City Charter.
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34 INTRODUCED and ordered posted this 25th day of January, 2016.
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36 ADOPTED this 1s' of February, 2016 by the following vote:
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38 Ayes: Albertson, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
39 Noes: Barrett
40 Abstain: None
41 Absent: None
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45 j;�;c
46 David Glass, Mayor
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49 ATTEST: APPROVED AS TO FORM:
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54 Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
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Ordinance No. 2564 N.C.S. Page 2