HomeMy WebLinkAboutOrdinance 1187 N.C.S. 09/02/19750 'M_LH:mi 8 -11 -75
ORDINANCE NO_ 1183 N.C.S.
INTRODUCED BY COUNCILMAN
M'. Patricia .H,lligoss
SECONDED BY COUNCILMAN
Jack W . Cavanagh, Jr.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY RECLAS.SIFYING.A.P. #6- 412 -14 AND A.P.. #6= 412 -23
(CONSISTING OF APPROXIMATELY 2.09 ACRES)' FROM - A PLANNED
`'UNfi,T- DISTRICT - 7 RESIDENTIAL LOTS- TO A PLANNED UNIT
.:DISTRICT - 4.RES'IDENTIAL LOTS (DICKSON HILL), LOCATED
OFF OF WEST STREET
BE IT ORDAINED-BY THE COUNCIL'OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1 . That City Council finds that the.Planning Com-
mission filed with the City Clerk on the 5th day of August, 1975, its
report"as set :forth in-its Resolution No. Z7 -75, recommending the
adoption of an,amendment to Zoning Ordinance No. 1072 N.C.S. by re-
classifying and rezoning certain lands being more particularly des-
cribed as follows:
All that certain real property situate lying and being in the
City' of Peta7luma, :- County, of:" Sonoma, State of California, more
particularly - described' as` follows: - _ . . -
PARCEL ONE:
Being -- portion - - of - - the.: - fract anal - North half -�f Section - 32 -
Towns h p=5= Nor -th =i Range -7= Wes- t— M- D -.--M - -- and=zbegi =nn -ng= at=-t -he -_-
northeasterly corner of the lands formerly of J.W;. Cassidy,
from; which the quarter section corner between- Sections: 29
and 32 of said. Township and Range bears North 19" 45' West
5. 25 chains distant; thence. along the northerly boundary of
said, lands-,-North _78
- .T.0 '_._ West- °8..95_._:ch,aihs_ -to_ -the - nos'aheasterly___
corner of other land formerly of said—J.W. Cassidy; thence_
along the East boundary of. .said - land_ south - 8.19' chainsz to the
southeast - corner_- the_r -.eo == ;thence:- a3on -g--the- south -bo- undary -of
the lands - formerly - of - said _,J Cassidy, South .89 -0 30', East
8..76, chains to the southeast - corner thereof; thence North
6.43 chains to -point df.beginning and containing 6.42
acres_:__= .Bearings-true-..- Magnetic- Variation 1':7'° 10' East.
.SAVING AND EXCEPT -ING .therefrom that portion thereof conveyed
to Lester J. Gilardi, et ux;,: by deed dated October 23, 1948,
and recorded October 27, 19:4-8, in Liber- 836 of Official Re -.
-cords,, ;page 12,8, under Sonoma County Recorder's Serial No.
C- 780 -9.0.'
ALSO SAVING AND - EXCEPTINGthere - from - that .portion - thereof -
conveyed'to Joseph William Brazill, et ux, by deed dated
June'4, 1951, and recorded, June 11, 1951,_in,Liber. 1055 of
Official Records, page 43,. under - Re Serial `NO. D- 42837.
-1-
J
I
ALSO SAVING - AND EXCEPTING': therefrom that portion thereof
conveyed to Kenneth K. Kyle, et ux, by deed dated March. 4,
1952, and recorded.March 24, 195.2, in,Lber 1116 of Official
Records, page 121,-under Recorder's Serial No. D - 63206.
ALSO SAVING AND -EXCEPTING: therefrom that portion thereof con-
veyed to: William Todd., et' ux, by deed dated February 1, 1952,
and recorded. March 2;6,;' 1952, in Liber 1116 of Official Records,
page 410, under Recorder's Serial No. 63370.
ALSO SAVING AND 'EXCEPTING therefrom ; portion .thereof
conveyed to Edwin H Hors >tman -, et ux., by deed dated July 24,
1952,. and .recorded July 30, 1952, in Liber'1146 of Official
Records, page 546,,.under'Sonoma County Recorder's Serial No.
D- 73185.
A,.P, 6- 412 -14.
C.A. 3 -000
PARCEL TWO
Commencing, -at the point of intersection of the northerly
line of West Street and the•west line of Lot 561, as num
bered and design'ated,upon th:e Official Map of.the.City of
Petaluma; thence .from said point of beginn-ng South 8 °5 25'
West and 'along th'e ' North, -l of West Street, 14.7`0 feet to
the southeast corner "of the parcel of land conveyed to David
Brown_ Lvie: and- wife- ,by'.: Deedxec- orded�Apr
__4 _ 1 _j , 9 _ 50 _ ,_ in-,Book
951 Off icial Records. .page 120,.!.Sonoma- :County, Records - -said
p: ' - nt being-- mar�ezl�y- a -riaZ� in - a - -- hub - driven - in �th ground - ; - -
thence- North =2D4_ feet -to _the northeast - corner _of -_sa ,d_p_&rc.el __
of land; - thence - South- 85_ ° -_25 nlest -:_ nrl" -alone the' TQrth -line—
of said lands conveyed to Livie and the .North line of the
parcel _ of`' 1and - to David B- Livie -- wife - by - deed - - --
recorded September '25, 1947, in Book 74.6= of • Official Records,
pag 1 72,_Sonoma,_County - Records - a- distanbe 1 of - 15 - 0 - feet to the
East line of a 30 foot lane and the- true of beginning;
thence_�So- utYr__along _the_' East_ -line�of- said- lane , -;A2.0.O -feet_to . .
the - - North= - - ne --o - West- Str- eet: ;- thence -"South 85° -25. West - along ----
West Street, -30 feet: to the -West line of said- lane.;. thence
North: along -the - West. ;line of .said -lane, 379.- 32_1eet to a point
which 'bears -- North= 7 -8 = -1- -0' =-West -40.:0 feet f- k-om =t southwest
corner of the parcel of land conveyed to Arthur McNeely
and wife by deed recorded October- 8,, 1945, in ;Book 669 of Of-
ficial Records,,. page- 8, Sonoma County Records; thence South 78°
10' East along tFre`South -.line - of' staid 'parcel of land to the
East line of said 3Q foot lane; thence South along said East
line of said'-lane said true point of 'beginning.
A. P. 6- 412 -2`3
PARCEL THREE
A - strip. -of .,land- -6-feet in width- by--1.50 feet--for- general- under- -
ground utility 'purposes, including, sewer,.water and electricity
and gas limes, the west line -of which is. described as follows:
Commencing at the northwesterly corner of that certain parcel
-2-
of land conveyed. to William A. O'Shea,, Jr. , et ux, by Deed
re- corded July 24, 19.59, under Recorder's serial No. F- 81303,
Sonoma County Records; thence South-4° 55' 40 We 1'50
feet to the southwest corner of said parcel of '1 -and and the
point of termination.
Section. -.2 The City Council further finds that said Planning
Commission held a public hearing on said proposed amendment to Zoning
Ordinance'No. 1072 N..C.S.. on the 5th - -day of August, 1975, after having
given,notice of said hearing the manner,-for the period and in the
form required by said Ordinance— No. 1072.;N X S.
Section 3 . That pursuant to the:prov sions of.Zoning Ordinance
No. 1072 N.C.S., the City Council has held a.public hearing and finds
that the proposed.amendment - is in general conformity with the Petaluma
General Plan and the Environmental Design. -Plan, and further, that the
public interest, convenience• °and gener-al'welfare will be furthered by
the proposed amendment.
Section.4 That pursuant to Secti6n . 19 -900 and Section 19-
901.1 through 19- 901..4 of said Zoning Ordinance No. 1072 N.C.S., the
City Council further finds as follows: r
a. The plan :for -, the proposed development clearly results in
a more- desirable : -us of_-l_and_andabet s ca].- environm n -h an -___
ter�h -y.
would • b- e= _pos_sible =under = any_s- ingle- zoning -d s -tri ct=or= combina tAon -o =f- -
zoning._ di s:tri.cts—
b. =- The.;_prope-rty =i "has -a-- suitable - relationship - to - one-U or
more - thoroughfare's AWest- Street) ' and = "s.ai -d - - thoroughfare = =is adequate- -
to carry=-any.-- -addition-al, traffic generated - the, development.
C. The plan for the proposed development a unified
and= - organ °ized - arrangement of and service faclities_. which- are
appropriate in relation to-adjacent or nearby- pr- operties- -and that
quate landscaping and /or - screening is included if necess'ary insure
compat'b lty .-
d. The natural and scenic qualities ,of the site are protected,
with available - public. and private spaces.:designed_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 - b - est - knterests =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 5 . That 'pursuant to the,provisions of Zoning Ordinance
-3-
No. 1,072 N.C and based upon the evidence it has•received and
in accordance with findings made, the City Council ;hereby, adopts
an amendment to said Zoning Qrdinan.ce No.:; 1072 N.C.S.., so as to re-
classify sand rezone said property hereinbefore described from a
Planned Unit District 7 res =idential logs to a Planned Unit
District - 4.residential lots:
Section 6 . The City` is hereby•directed to publish
this ordinance for•the.period and in the.manner. required by the City.
Charter.
ORDERED PUBLISHED, this` 18th day.. of - .August , 197 5.
ADOPTED this 2nd day ,.of • September 1975,, by the following Vote:
AYES:i Councilmen Brunner,, Harberson, 'Hilligos.s7, Mat tei; and Mayor Putnam.
NOES: None.
ABSENT: Councilmen Cavanagh, and ;Perry..
Mayor
.r7
s Attest:
eput}Eity Clerk
t
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7)
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 -wit - -_ - -- 4vA§ t..1 3...... ................ ............................... 19_.75___
and that ,the said Petaluma Aigus- Courier is the official newspaper of the City of Petaluma.
r` 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 .... Zna ............... day of ...........September
1915., by the following vote, to -wit:
AYES: COUNCILMAN ........... Brunn COUNCILMAN: Harberson
AYES: COUNCILIviAN......... _ Hilligoss ....... ___ ___...... - .............. COUNCILMAN: Matt_ei __..._.,_
AYES: COUNCILMAN ..................... .. ... ........ .. COUNCILMAN: -- -•- ------
MAYOR ........ Putnam.........-• ............... .. ............................
" } - NOES: ..... None ...................:.................:.......•------------ ......................
ABSENT. .....councilmen;, Cavanagh -- and _ - Perry.
_
ATTEST: ..... .:.........
(SEAL) Deputy CITY CLERK.
The foregoing Ordinance Number 11H.7•..NeG7__ Charter Series, having been regularly passed and presented to me
this ......... 2 nd ............. day of ....... ......................... 19.. 5:. -, is.hereby approved. by me this..... 2nd_ ................... day
1 o f ... ..... Se ptember b
. ....• ............... .................. .. 1975..... Effective date------ .O ct o er ••.......... 1975
CC-7-6/'64 -- - --
'MAYOR