HomeMy WebLinkAboutOrdinance 2603 N.C.S. 03/20/2017EFFECTIVE DATE
OF ORDINANCE
April 18, 2017
ORDINANCE NO. 2603 N.C.S.
1 Introduced by Seconded by
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3 Miller Kearney
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7 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
8 ZONING MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE TO
9 CHANGE THE ZONING OF ONE PARCEL LOCATED AT 998 BODEGA AVENUE
10 (TO BE SUBDIVIDED INTO EIGHT LOTS AND ONE COMMON PARCEL)
11 FROM RESIDENTIAL 2 (112) TO PLANNED UNIT DISTRICT (PUD)
12 FOR THE HOLLY HEIGHTS PUD
13 APN: 019-070-044
14 FILE NO: PLMA-16-0008
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17 WHEREAS, Chad Moll of Bear Flag Engineering, Inc. submitted an application, on behalf
18 of property owner Kristy Brooks, for a Zoning Map Amendment to rezone the subject property
19 from Residential 2 (R2) to Planned Unit District (PUD) and a Tentative Subdivision Map to
20 subdivide the subject property into eight (8) lots and one (1) common parcel for access,
21 drainage, and utilities, whereas the subject property includes five existing single-family homes
22 and three existing duplexes on a 2.25 -acre site located at 998 Bodega Avenue (APN 019-070-
23 044) (the "Project"); and
24 WHEREAS, on January 10, 2017, the Planning Commission held a duly noticed public
25 hearing to consider the Zoning Map Amendment and Tentative Subdivision Map applications for
26 the Project at which time all interested parties had the opportunity to be heard; and
27 WHEREAS, on January 10, 2017 and prior to acting on this request, the Planning
28 Commission considered the staff report analyzing the application, including the California
29 Environmental Quality Act ("CEQA") determination included therein; and
30 WHEREAS, on January 10, 2017, the Planning Commission recommended that the City
31 Council adopt this Ordinance approving a Zoning Map Amendment, recommended approval
32 of the Unit Development Plan & PUD Development Standards for the Holly Heights PUD, and
33 recommended approval of the associated Tentative Subdivision Map; and
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35 WHEREAS, on March 6, 2017, the City Council held a duly noticed public hearing to
36 consider the Zoning Map Amendment and Tentative Subdivision Map applications for the
37 Project, at which time all interested parties had the opportunity to be heard; and
Ordinance No. 2603 N.C.S. Page 1
1 WHEREAS, on March 6, 2017 and prior to acting on this request, the City Council
2 considered the staff report analyzing the application, including the California Environmental
3 Quality Act ("CEQA") determination included therein, and the Planning Commission's
4 recommendation; and
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WHEREAS, Implementing Zoning Ordinance Chapter 25 provides for the approval of a
Zoning Map Amendment; and
WHEREAS, on March 6, 2017, the City Council introduced this Ordinance approving a
Zoning Map Amendment for the Holly Heights PUD, and approved the associated Unit
Development Plan & PUD Development Standards and the Tentative Subdivision Map.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1 - Findings. Pursuant to Implementing Zoning Ordinance § 19.040 and Chapter
25, the City Council adopts this Zoning Map Amendment for the Holly Heights PUD based on the
following findings:
1. The project concerns a 2.25 -acre site with existing development, including five (5) existing
single-family houses and three (3) existing duplexes. The proposed Tentative Subdivision Map
is, for the reasons discussed in the January 10, 2017 Planning Commission and March 6, 2017
City Council staff reports, consistent with the Petaluma General Plan. The Project will result in
a residential density of 4.88 housing units per acre (hu/ac) which is consistent with allowable
densities of 2.6 to 8.0 hu/ac as defined for the Low Density Residential land use classification
of the General Plan.
2. The Zoning Map Amendment will rezone the parcel from R2 to PUD, whereas the resulting
PUD zone will be considered for approval by the City Council through Resolution, including
the Unit Development Plan and PUD Development Standards for the Holly Heights PUD,
3. The Project will not be detrimental to the public welfare as it: 1) will preserve the character of
the existing neighborhood and surrounding areas; 2) will control massing and scale of
existing and new residential structures, through the establishment of PUD development
standards, so as not to create out -of -character development; 3) will facilitate home
ownership within Petaluma; 4) will result in residential densities consistent with the General
Plan; and 5) will be consistent with General Plan policies for the site.
4. The proposed project is categorically exempt from the provisions of CEQA under CEQA
Guidelines § 15332 (In -Fill Development Projects) in that: 1) the project is consistent with
applicable General Plan and zoning designation policies and regulations; 2) the site is within
city limits, less than five acres in size, and substantially surrounded by urban uses; 3) the site
has no value as habitat for endangered, rare, or threatened species; 4) the project will not
result in any significant effects related to traffic, noise, air quality, or water quality; and 5) the
Ordinance No. 2603 N.C.S. Page 2
1 site will be adequately served by all required utilities and public services. The project also
2 does not trigger any of the exceptions to the exemption outlined at CEQA Guidelines
3 § 15300.2.
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5 5. Based on its review of the entire record herein, including the January 10, 2017 Planning
6 Commission and March 6, 2017 City Council staff reports, all supporting, referenced, and
7 incorporated documents and all comments received and foregoing findings, the City
8 Council hereby approves a Zoning Map Amendment to rezone the subject property from
9 Residential 2 (R2) to Planned Unit District (PUD) for the Holly Heights PUD.
10 Section 2 - Zoning Map Amendment. The Zoning Map contained in the Implementing
11 Zoning Ordinance is hereby amended to modify the zoning district of one parcel (APN 019-070-
12 044) located at 998 Bodega Avenue (to be subdivided into eight lots and one common parcel)
13 from Residential 2 (R2) to Holly Heights Planned Unit District (PUD).
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15 Section 3 - Severability. If any provision of this ordinance or the application thereof to
16 any person or circumstance is held invalid, the remainder of the ordinance, including the
17 application of such part or provision to other persons or circumstances shall not be affected
18 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are
19 severable. The City Council hereby declares that it would have passed each section,
20 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact
21 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
22 phrases be held unconstitutional, invalid, or unenforceable.
23 Section 4. This ordinance shall become effective thirty (30) days after the date of its
24 adoption by the Petaluma City Council.
25 Section 5 - Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or
26 publish this ordinance or a synopsis of it for a period and in the manner required by the City
27 Charter.
28 INTRODUCED, and ordered posted/published, this 6th day of March, 2017.
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30 ADOPTED this 20th day of March, 2017, by the following vote:
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32 Ayes: Albertson, Mayor Glass, Healy, Kearney, King, Miller
33 Noes:
34 Abstain:
35 Absent: Vice Mayor Barrett
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41 id Glass, Mayor
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Ordinance No, 2603 N.C.S. Page 3
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ATTEST:
Samantha Pascoe, Deputy City Clerk Pro Tem
APPROVED AS TO FORM:
Eric W. Danly, City ttorney
Ordinance No. 2603 N.C.S.
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