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HomeMy WebLinkAboutAgenda Bill 3.E-Ord 03/15/2004�A M-0- • I ORDINANCE NO. 2178 N C:S.' 2 3 4 Introduced by Councilmember Seconded Counc_iimember 5 6 7. 8 9 10 REZONING PARCELS; TOTALING 40ACRES, APN 017=030 =022 AND 017 - 150 -019, 11 FROM STUDY DISTRICT'TO PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW 12 FOR DEVELOPMENT OF- A;RESIDENTIAL PROJECT TO BE KNOWN AS THE 13 SOUTHGATE RESIDENTIAL DEVELOPMENT, LOCATED AT THE CORNER OF 14 FRATES:ROAD AND LAKEVILLE HIGHWAY 15 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 17 18 Section 1. The City Council finds that the Planning Commission filed with the City Council its 19 report set forth in�its _minutes of January 27, X2004, recommending the adoption of an amendment 20 to Zoning Ordinance Section.1072 N.C.S„ as amended by reclassifying„ and rezoning certain 21 lands being more particularly described as Assessor's Parcel Nos. 0177030 -022 AND 017 -150- 22 019, a 40 -acre site located at the corner ofFrates Road and.Lakeville Highway. 23 1024 Section 2. The City Council further finds that said Planning Commission held public hearings on 25 said proposed amendment on January 27, 2004, after giving notice of said hearing, in the 26 manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as 27 amended. 28 29 Section 3. Pursuant to the provisions of.Zoning Ordinance No. 1072 N.C.S., as amended, the 30 City Council finds as follows: 31 32 1. The proposed Arnendmerit to Zoning Ordinance No. 1072 N.C.S., to classify and rezone 33 the subject, parcel from Study District to Planned Unit ,Development (PUD), will result in 34 a more desirable use of land and a better physical environment than would be possible 35 under any single zoning district or combination of zoning districts. 36 37 The proposed uses comply with the Urban Diversified land use designation of the 38 General Plan, which allows for residential densities of 5 -10 units per. acre and invites 39 flexibility in site design and unit type. In addition, this proposal incorporates the policies 40 and guidelines of the Planned Unit Development of Article 19A of the Zoning Ordinance. 41 42 2. The public necessity, convenience and welfare clearly permit and will be furthered by the 43 proposed Amendmerit to the Zoning Ordinance, reclassifying and rezoning the project 44 site to Planned Unit Development. • 45 Ordinance 2178 N.C.S. Pagel 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 The PUD Development. Standards (as revised) for the Southgate Residential Development ' identifies 'permitted and conditional 'uses allowed within :the approved PUD. 3. The requirements of the California Environmental Quality Act (CEQA) have been. satisfied through the preparation of an Initial Study and Draft Mitigated, Negative Declaration to avoid or reduce to a level of insignificance, .potential, impacts generated by the proposed Southgate Residential Development. In compliance with the requirements of the. California Environmental Quality Act, an Initial Study was prepared for.the Southgate Residential Development_ Based upon the Initial. Study, a determination was ' made that no significant environmental effects- would result. A copy of this notice was published in -the Argus Courier and provided to residents and occupants within 500 feet of the site, in compliance with CEQA requirements. Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.CS., 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 reclassify and rezone said property herein referred to, in accordance "with the recommendation of the Planning Commission. Section, 5. The City Clerk is hereby directed to post this Ordinance for the period. acid 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/P44 ;this, I" day of March 2004. ADOPTED this day of , 2004 by the following vote: AYES: NOES: ABSENT: 10 Ordinance 217s N.C.& Page 2 1' 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 * 3 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 a 5 6 ABSTAIN: ATTEST: Gayle Petersen, City Clerk David Glass, Mayor APPROVED AS TO FORM: Richard R. Rudnansky, City Attorney 'Ordinance. 2178 N.C.S. Page 3