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HomeMy WebLinkAboutAgenda Bill 7.A-Attch2 03/15/200491 1 ATTACHMENT 2 2 DRAFT 3 ORDINANCE NO. N.C.S. 4 5 Introduced by Councilmember Seconded by Councilmember 6 7 8 9 REZONING THE PROPERTY AT 945,PETALUMA BOULEVARD NORTH 10 (APN 006 -450 -018) TO THE PUD- PLANNED UNIT DISTRICT 11 12 BE IT ORDAINED BY THE_ COUNCIL OF THE CITY -OF PETALUMA AS 13 FOLLOWS: 14 Section 1. The City Council finds that the Planning Commission filed with the City 15 Council its report set forth in its minutes of November 25 „'2003, recommending the 16 adoption of an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by 17 rezoning certain land being more particularly described as Assessor's Parcel No. 006- 1.8 450 -018 from CH- Highway Commercial to PUD - Planned Unit District. 19 Section 2. The City Council' further finds that the Council held a public hearing on said 20 proposed amendment on ; February 2, 2004 after giving notice of said hearing, in the 21 manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as 22 amended. 23 Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended, 24 the City Council finds as follows: 25 1. The proposed amendment is in general conformity with the Petaluma General 26 Plan and any applicable plans. 27 The PUD zoning is consistent with the intent of the Mixed Use Land Use 28 Designation and will help the City achieve its goals of providing affordable 29 housing for special needs:groups. 30 2. The public necessity, convenience and general welfare require or clearly permit 31 the adoption of the proposed amendment. 32 The PUD zoning, will' help the City achieve its goals of providing affordable 33 housing for special needs groups. The project site. is less than an acre and would 34 not represent a significant loss of commercial property. 35 Section 4. The City Council further finds that the requirements of the California 36 Environmental Quality Act (CEQA) have been satisfied through the preparation of an 37 Initial Study and the drafting of a Mitigated Negative Declaration to avoid or reduce to a 38 level of insignificance, the potential impacts generated by the proposed Boulevard 39 Apartments Planned Unit Development. 40 Section 5. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based 41 upon the evidence it has- received and in accordance with the findings made, the City 42 Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to 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 X29 ,30 31 .32 33 34 35 rezone said property herein referred to in accordance with the recommendation of the Planning Commission. 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 the 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 arid. 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 .2nd day of February, 2004. ADOPTED this day of AYES: NOES: ABSENT: ABSTAIN: 2004, by the following: vote: Mayor ATTEST: City Clerk APPROVED AS TO FORM': City Attorney •