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HomeMy WebLinkAboutAgenda Bill 6.A-Attch06 09/20/2004�l. Y 1 2 ' 3 4 5 6 7 8 9 }p 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35' 36 37 .38 '39 40 41 42 43 44 45 46 ATTACHMENT '6 Introduced by Councilmember ORDINANCE NO. " N.C.S. Seconded by Councilmember PREZONING A 22. -9. ACRES .COMPRISED OF ASSESSORS PARCEL NOS. , 019- 21.0 - 017;0- 01,.9, -02'6, -027, -03'0, -031 & -037 TO .PUI) (PLANNNED UNIT DEVELOPMENT), TO ALLOW FOR' 67 RES'1DENTIAL, LOTS' AND DEVELOPMENT OF 63 NEW' RESIDENCES ,KNO;WN AS :'t-HE RIVERVIEW SUBDIVISION, LOCATED AT MCNEARAVENJE AND MISSION DRIVE BE IT ORDAINED BY THE .COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS' Section L. , The City .C_.ouncl, finds that the Planning ,Comm`issi'on filed with 'the City Council its report set. forth in its minute's of °May I 1 and June, '8, 2004, recommending the adoption of an amendment to Zoning Ordinance Section 10724 N.C.S. as amended, by classifying and prezoning certain lands being snore particularly_ described as Assessor's Parcel No. 019 -2`10 0 T7;. =0f%' -02'6, -027, -030, -031 &. -037 comprising the 22.9 -acre Riverview''project site. Section 2. The City Council 'further finds' that said Planning, "Commi'sson held public hearings on said prezoning on May 11 Wand' June 8, 2004, after giving notice of said hearing, in the manner, for the period and in the form iequired..by said Ordinance No. 1072 N.C.S, as amended. Section 3. � The City Council' .held a °public hearing on the Ri verview ;proposal on 2002, after giving notice; of said hearing in the .manner for the period and in the form required by said.Ordinance No. 1072 N.C.S.,.as amended and considered all written and verbal communications. Pursuant: to the provisions? of Zoning Ordinance No. 1072 N.C.S., as amended, the City Council finds as `follows: 1. The,;;proposed Prezoning of the Riverview property to' PUD is consistent. with the Petaluma General Plan, and ,is in general conformity with the zoning regulations of the City of Petaluma 'as described in the project staff report'. Additionally, the Fire Marshal,, Police Department, and, the Engineering Division have prepared conditions of approval to address safety issues and design criteria for grading, *site improvements and. construct ion of the residences. ATTACHMENT 6 Page 1 of 3 r z 2. The public necessity, convenience and general. welfare clearly permit the adoption 3. of the,,Prezoning in that •the zoning designation will result in residential-uses that 4 are appropriate and compatible with the existing surrounding uses. The proposed 5 density, would be compatible w.'th the surrounding neighborhood: The project 6 plans present. a unified and organized arrangement of residential', J`ots and public 7 streets, appropriate to adjacent and nearby properties. Proposed landscaping s would further insure compatibility. The proposed project would also require 9 review and approval by ' the Site Plan and Architectural Review Committee. 10 The: requirements of the California Environmental Quality Act (CEQA) been .have, 12 satisfied through the preparation of an Initial, Study and the drafting of d,-Mitigated 13 Negative 'Declaration to avoid or reduce- to a level of insignificance, potential 14 impacts ,generated by the proposed project. In compliance with the requirements 15 of the California En viro nm ent al Ualit ; . Q y Act- a n , Initial S:tt d wasp prepared :for 16 prezoning of the property to PUD., Based upon the; Initial Study : a determination 17 was ;made: that no significant: environmental impacts would result<- A copy of'this 18 notice was published in the Argus Courier and provided to residents and 1 :9 occupants within 300'`feetofthe site; in compliance with CEQ A �requirements. 20 21 Section 4. - Pursuant to the provisions of Zoning Ordinance No. 1072 N. CS., arid. based' 22 upon, the evidence it, has received and in accordance with the findings made, the City 23, Council hereby adopts an ,amendment to said Zoning Ordinance No. 1:0,72 N'C. S•.., so as to 24 prezone said property herein, referred to, =i ' accordance with the recommendation• of `the, 25 Planning Commission. 26 27 Section 5. - The City Clerk iS° hereby directed, to post this Ordinance for the, period 'and. in 28 the.manner.required by the City Charter. 29 30 IF ANY SECTION; subsection, sentence, clause or phrase or .word of this: 'Ordinancc is 31 for any reason, held to b e, unconstitutional, Unlawfu or Otherwise invalid ?by a 'Of .court" 32 competent jurisdiction such .decision. shall not affect the validity of the remaining portions 33 of this Ordinance. The City Council of the City of Petaluma hereby declares that 'it would 34 have passed,,and adopted .this Ordinance and each, and all provisions thereof irrespective of 35; the fact that any one or more of said provisions be declared unconst unlawful or 36 otherwise invalid. 37' 38 INTRODUCED and ordered' Posted/Publishedchis day of 39 40' ADOPTED: this day of , 2004, by the following: vote: 41 42 AYES:: 43 44 NOES': 46 a6 ABSENT,; ATTAGII - MENT 6 Page 2 of 1 z ABSTAIN: 3 4 5 6 7 ATTEST: s 9 10 11 City Clerk" 12 13 14 15 . 16 SACC -City Council\ Ordinances \Riven%il wWTT zoning.doc • • Mayor APPROVED AS `TO 'FORM: City Attomey ATTACHMENT 6 Page 3 of:3