HomeMy WebLinkAboutStaff Report 3.E 06/20/2005ORDINANCE NO. 2211 N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Introduced by
3.E
June 20, 2005
Seconded by
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11 PRE -ZONING 46.8 ACRES COMPRISED OF ASSESSORS PARCEL NOS. 019-210-010,-011,-
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19-210-010,-011,-
12 026,-038 & -039; 019-220-012 & 027 TO PUD (PLANNNED UNIT DISTRICT), TO ALLOW FOR
13 170 SINGLE FAMILY RESIDENCES, 80 TOWNHOME CONDOMINIUMS AND 64 LIVE/WORK
14 CONDOMINIUMS AND APPROVING THE UNIT DEVELOPMENT PLAN AND DEVELOPMENT
15 STANDARDS FOR THE LOMAS SUBDIVISION, LOCATED AT 1500-1600 PETALUMA
16 BOULEVARD SOUTH
n
18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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20 Section 1. The City Council finds that the Planning Commission filed with the City Council its
21 report set forth in its minutes of February 8, 2005, comments regarding amendment to Zoning
22 Ordinance Section 1072 N.C.S., as amended, by classifying and pre -zoning certain lands being
23 more particularly described as Assessor's Parcel Nos. 019-210-010, -011, -026,-038 & -039; 019-220-
24 012 & 027 comprising the 46.8 -acre Lomas project site.
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26 Section 2. The City Council further finds that said Planning Commission held public hearings on
27 said pre -zoning on November 23, 2004 and February 8, 2005, after giving notice of said hearing,
28 in the manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as
29 amended.
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31 Section 3. The City Council held a public hearing on the Lomas proposal on February 15 and
32 May 16, 2005, after giving notice of said hearing in the manner for the period and in the form
33 required by said Ordinance No. 1072 N.C.S., as amended, and considered all written and verbal
34 communications. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended,
35 the City Council finds as follows:
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37 1. The proposed pre -zoning of the Lomas property to PUD is consistent with the Petaluma
38 General Plan, and is in general conformity with the zoning regulations of the City of
39 Petaluma as described in the project staff report. Additionally, the Fire Marshal, Police
40 Department, and the Engineering Division have prepared conditions of approval to
41 address safety issues and design criteria for grading, site improvements and construction
42 of the residences.
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44 2. The public necessity, convenience and general welfare clearly permit the adoption of
45 the pre -zoning in that the zoning designation will result in residential uses that are
46 appropriate and compatible with the existing surrounding uses. The proposed density
47 would be compatible with the surrounding neighborhood. The project plans present a
Ordinance No. 2211 N.C.S. Page 1
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unified and organized arrangement of residential lots and public streets, appropriate to
adjacent and nearby properties. Proposed landscaping would further insure
compatibility. The proposed project would also require review and approval by the Site
Plan and Architectural Review Committee.
3. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the preparation of an Initial Study and the adoption of a Mitigated
Negative Declaration to avoid or reduce to a level of insignificance, potential impacts
generated by the proposed project. In compliance with the requirements of the
California Environmental Quality Act, an Initial Study was prepared for pre -zoning of the
property to PUD. Based upon the Initial Study, a determination was made that no
significant environmental impacts would result. A copy of this notice was published in
the Argus -Courier and provided to residents and occupants within 300 feet of the site, in
compliance with CEQA requirements.
Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the
evidence it has received and in accordance with the findings made, the City Council hereby
adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to pre -zone said
property herein referred to.
Section 5.
The City Council hereby approves the Unit Development Plan and Residential Development
standards finding that
The Unit Development Plan, including the Development Standards will result in appropriate
and compatible uses in the district.
2. The PUD is proposed on property which has suitable relationship to one or more
thoroughfares, and that said thoroughfares are adequate to carry any additional traffic
generated by development.
3. The plan for the proposed development presents a unified and organized arrangement of
buildings and service facilities which are appropriate in relation to adjacent or nearby
properties, and that provisions for adequate landscaping and/or screening are included to
ensure compatibility. Conditions have been incorporated requiring design and
development standards that are compatible with neighboring developments.
4. The natural and scenic qualities of the site are protected, with adequate available public
and private spaces designated on the Unit Development Plan.
5. The development of the subject property in the manner proposed by the applicant, and
as conditioned, 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 regulations
of the City of Petaluma, and with the Petaluma General Plan.
6. The project, as conditioned per the resolution approving the Vesting Tentative Map
(Resolution No. 2005-086 N.C.S.) complies with the applicable provisions of the Municipal
Code and the General Plan.
7. The Unit Development Plan for the Lomas Residential Development shall be subject to
the applicable conditions of Vesting Tentative Map, including Mitigation Measures
adopted as conditions of approval.
Ordinance No. 2211 N.C.S.
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Section 6. The City Clerk is hereby directed to post this Ordinance for the period and in the
manner required by the City Charter.
IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for any
reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Petaluma hereby declares that it would have passed and adopted
this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of
said provisions be declared unconstitutional, unlawful or otherwise invalid.
INTRODUCED and ordered posted/published this 6th day of June 2005.
ADOPTED this day of 2005 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor
APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
Ordinance No. 2211 N.C.S.
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