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HomeMy WebLinkAboutAgenda Bill 3.G-Ord 09/20/2004�' 2 3 4 EFFECTIVE DATE OF. ORDINANCE! Ordinance No. 2191'N.C-.S, Page 1 6 ORDINANCE NO.1191N.S.C., 7 8 9 10 11 Introduced by ' S l econdad,by 12 13 14 15 16 . 17 REZONING A 31, SQUARE FOOT PARCEL, ARN 006- 2:16 -00 TO PLAN-NED UNIT DISTRICT, 1 TO ALLOW FOR. 14 RESIDENTIAL; A LOTS ANQ COMMON AREA,PARCEL, AND DEVELOPMENT 19 OF 14 RESIDENTIAL UNITS TO BE LOCATED AT .331 KELLER STREET 20 21 WHEREAS, by action td.ken.on Mby'25, 2004; th'e,Pla,nning Commission considered the 22 proposal and forwd,rded a recommendation to the. City Council to approve the 23 Rezoning to Pub; and 24 25 WHEREAS., the City Council'. finds that the recIuiremenfs of the California Environmental 26 Quality Act (CEQA) have been satisfied through the prep qration of an Initial Study and 27 adoption of Resolution No. 2004-170 ',N.C.-S., approving a Mitigated Negative Declaration 28 to address the specific i mpacts' ' of the Sweed School Townhouse rezoning and 29 subdivision; and 3,0 3.1 WHEREA& eCity. Council held oa public hedring proposed project on September. 32 1.3, 2004, after giV,ing notice of said hearing, in the manner, for the period, and in the 33 ,1 072 - form re6ui'redby 0'rdindace N-. 1 N.C.S a s arnended a nd 34 35 WHEREAS,! C ity t Council has considered the Rezoning* 36 37 NOW,. THEREFQRE.. BE IT RESOLVED, that the City Council approves 1h(Ei 'Rezoning to T 38 Planned Llnit !District subject to the folloWing Findings, Mitigation 'Measures, and 39 Conditions: Ordinance No. 2191'N.C-.S, Page 1 a 1 2 1,. The _proposed Amendrnen;t to Zoning Qrdnance No. 1072 N.C.S., to classify'and. 3 rezone the subject parcel from Garden Apartrrient Residential (RMG) to Planned. 4 . Unit District (PU "D):.will' result. in a more desirable use of` land and a better physicaf, 5 environment'_ 'than would ;be possible under, any single zoning district or 6 combination of zoning districts. 7 ' 8 2. , The proposed uses comply with the Planned Unit District designation, which' allows 91 inclusion - within its bound.pi of a mixture of uses, or unusual density, building 10 intensity, or design characteristics; which; would riot normally be permitted in a 11 single use district, and to, govern the .deVelopment of `residential projecfs. 12 Additionally; 'this proposal incorporates the policies and. guidelines of -the 'PUD =. 13 Planned Unit'District of Article 19A of the Zoning Ordinance. 14 15 3. The public necessity -, convenience and, welfare clearly 'pefmi!t `;and will be 16 furthered by the proposed Amendment to the Zoning Ordinance, reclassifying 17 and "rezoning 'the Phillip Sweed School site to Planned Unit District. 18 a. 19 4. The Planned . Unit District ,Developmen'f Guidelines describe permitted and 20 conditional uses. as well as those that would not be allowed, to be established at 21 this location. 'This .specific Mist of uses prevents the creation of any nuisance to the 22 existing surrounding uses. 23 24 5. The requirements'of the C<.lifornia Environmental Quality Act (CEQA) have been 25 satisfied, through the preparation of an Initial, Study and the drafting of a 26 Mitigated Negative. Declaration to avoid , or reduce to a level of insignificance;; 27 potential impacts by the proposed Sweed School Townhouse Planned 28 Unit District. 29 30 6. In compliance with fhe. requirements of the :Calif,ornia Environmental Quality Act, 31 an Initial :Study was prepared : for- the rezoning. of, the site from Garden Apartment' 32 Residential (RMG'), to `Planned Unit District (PUD). Based upon, the Initial, Study, a 33 de'termina'tion was made That no significant environmental impactsi would result. 34 A,copy of this notice was.published in the, g r us Courier and, to residents Crdin.."ance No. 21'9 -1 ,N.C.S. Page.2 Ordinance No. 2191 N.C.S. Page 3 1 and occupants within 500 feet of the site, in compliance with CEQA 2 requirements. 3. 4 CONDITIONS APPROVAL 5 6 All conditions adopted in conjunction with the Sweed, 'School .Townhouse Tentative 7 Subdivision Map are herein incorporated: by reference as, conditions of project approval. 8 9 MITIGATION MEASURES 10 11 All Mitigation Measures adopted in conjunction, with 'the Sweed School Townhouse 12 Subdivision and Rezoning Mitigated 'Negative Declaration, which are identified in the 13 Initial Study for the Sweed School Townhouse subdivision and Rezoning are herein 14 incorporated. 15 16 17 INTRODUCED and ordered Published this 13th day of September 2004. d 18 19 ADOPTED this day of ; 2004, by the following vote: ' 20 21 22 AYES: 23 NOES: 24 ABSENT: 25 ABSTAIN: 26 27 28 David Glass, Mayor 29 30 31 32 ATTEST: :' APPROVED AS TO FORM: 33 34 35 ;® 36 Gayle Petersen, City Clerk Richard R. Rudnansky, City Attorney Ordinance No. 2191 N.C.S. Page 3