HomeMy WebLinkAboutAgenda Bill 7.A-Attch02 09/13/2004ATTACHMENT
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3 DRAFT: ORDINANCE NO. N.S.C.
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5 Introduced by Co.uncilmember Sec Councilmember
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10 REZONING A 31 906 'SQUARE FOOT PARCEL APN 006-2 TO
11 PLANNED UNIT DISTRICTTGI`,
LOW FOP, 14 RESIDENTIAL LOTS AND A
12 COMMON AREA PARCEL, AND DEVELOPMENT OF 14 RESIDENTIAL
13 UNITS TO BE LOCATED AT 331 KELLER
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15 WHEREAS, by action taken on Ma 25, 2004,the"Planning Commission considered the
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16 proposal and forwarded, a, recommendation to the City Council to approve the Rezoning
17 to PUD; and
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19 WHEREAS, the City'CouAtil finds that the requirements of the California Environmental
20 Quality Act (CEQA) have been satis.fiied through, the! -preparation-, of an Initial Study and
21 adoption of Resolution,,No.. N. C*.S., approving a Mitigated Negative Declaration to
22 address the specific impacts of the SWeed School Townhouse subdivision; and
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24 WHEREAS, the City C-buncil held a public. hearing on the proposed project on
25 September 13, 2004,,after, giving notice of said.,he'anng, in the manner, for the period, and
26 in the form required by Ordinance No. 1072 N.C.S., as amended and.
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2.8 WHEREAS, the City Council has considered the Rezoning;
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30 NOW, THEREFORE BE IT RESOLVED that the -Cit °Council, approves the Rezoning to
31 Planned Unit District subject to the following Findings," Mitigation Measures, and
32 - Conditions:
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34 1. The proposed Amendment, t Z Ordinance No 1072, N.C.& classify 5 , to classify and
35 rezone ,the ,subJpcVparcel from Garden Apartrnent Residential,(RM to Planned
Unit ,District (PL will result in, a more desirable use of land and a better
37 croent than would be possible under any'singl 6 12oning district or
38 ombinatibnof zoning , districts.
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40 2. The proposed uses, comply with the. Planned Unit District designation, which
41 allows inclusion w ithin its -boundaries of a mixture of uses, or unusual .density,
42 building ..intensity, 'or design characteristics, which would not normally be
l permitted in a single use district, and to govern the development of residential
2. projects. Additionally, this proposal "incorporates the policies and ,guidelines' of
3 the PUD= Planned. Unit District of Article , 19A of the Zoning. Ordinance.
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5 3. The, public necessity, convenience and welfare clearly permit and will be
6 furthered by the proposed Amendment to the Zoriing Ordinance, reclassifying and
7 rezoning the Phillip Sweed School site to Planned Unit District.
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9 4. The Planned Unit District .Development Guidelines "des permitted and
10 conditional uses as well as .those: ,that would :not be allowed to be; established at
11 this 'location. 'This specific list_ of uses prevents the creation of any nuisance to the
12 existing surrounding uses.
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14, 5. The,requirements of the 'Californ Environmental, Quality Act (CEQA).have been
15 satisfied. the preparation of anti tial Study and the Arafting of a Mitigated
1.6_ Negative Declaration to avoid or reduce to a level of irisgzuficance, potential
17 impacts generated by the .proposed Sweed 'School Townhouse Planned Unit
18 District.
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20 16. In compliance with' the requirements of the California Environmental Quality Act,
24 an Initial Study was prepared for the rezoning of the site from- Garden Apartment
22 Residential (R1VIG) to Planned. Unit. District (PUD). Based upon the Initial Study;
23 a determination was made that no significant environmental impacts would result.
24 A copy of this notice was published in the Argus Courier and provided to
25 residents and. occupants within 5.00 feet of the site, in compliance with CEQA
26 requirements..
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28' CONDITIONS OF APPROVAL
29 All conditions adopted in conjunction with the Sweed School Townhouse Tentative
30 Subdivision Map are herein, incorporated by reference as conditions of project approval:
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32 MITIGATION MEASURES
33 All Mitigation Measures adopted in conjunction with the Sweed 'School Tow.nhouse
34 Subdivision and Rezoning Mitigated Negative Declaration, which are id'en'tified in the
35 Initial Study for the .Sweed School Townhouse !Subdivision and Rezoning. are herein
36 incorporated.
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38 S'CC %ordinances /sweedrezoneoid
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