HomeMy WebLinkAboutAgenda Bill 3.H-Ord 10/04/2004&H
October 4 1 , 2004
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35 Section '3. The: City Cou_nci,I held a public hearing, 'on the Riverview proposal on
36 September 20, 2004, 004, cifier giving notice of said hearing in the manner for the period and
37 in the form required by said Ordinance No. 1072, N.C.S., as amended, and considered all
38 written, and verba[ communications. Pursuant to the provisions ?Of Zoning Ordinance No.
,39 1072 N.C.S., as amended, the City Council finds as -follows:
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Ordincince No..2193 N.C.S.
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EFFECTIVE DATE OF
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ORDINANCE
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ORDINANCE NO. 2193 N.C.S.
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Introduced by Seconded by
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PRE-ZONING A22.,9 ACRES COMPRISED OFAS ASSESSORS PARCEL NOS. 019-210-017,
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019, -026, -027, i-030, 431 & -037 TGP U D. (FLAN N N ED UNIT IT D EVELOPMENT), TO
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ALLOW FOR 67' LOTS AND IDEVELOPMENT . OF 6'3 NEW RESIDENCES
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KNOWN A'S"THE RIVERVIM
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LOCATED ATMCNEAR AVENUE: AND MISSION DRIVE
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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Section 1. The City Council find0hat the Planning Commission filed.wifh the City Council.
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its report set forth in its minutes of May 11 and. Ju.ne 81:2004, recommending the adoption
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of an amendment to Z&,hi'n Ordinance Sec . tion -1072 N.0 .-S,, as amended, by classifying
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and pre-zoning certain lands being more particularly described. as Assessor's Parcel No.
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019-210-017, -.019, -026, -:027, _030,, -03,1 & -.:037 comprising the 22.9-acre Riverview project
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site.
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Section 2. The City Council further, finds that said Planning Commission held public
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hearings on said pre-zoning, on May 11 and June 8_2004, after giving notice of said
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hearing, ; in the manner, for th'e'peri,oc[_and in the form required by said Ordinance No.
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1072 N.C.S., as amended.
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35 Section '3. The: City Cou_nci,I held a public hearing, 'on the Riverview proposal on
36 September 20, 2004, 004, cifier giving notice of said hearing in the manner for the period and
37 in the form required by said Ordinance No. 1072, N.C.S., as amended, and considered all
38 written, and verba[ communications. Pursuant to the provisions ?Of Zoning Ordinance No.
,39 1072 N.C.S., as amended, the City Council finds as -follows:
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Ordincince No..2193 N.C.S.
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i 1. The proposed pre- zoning of the Riverview property to PUD is cornsist6nf `wifh the •
2 Petaluma General Plan, and is in general conformity with the zoning regulations
3 of the City of Petaluma as described in the project staff. report. Additionally, the
4 Fire Marshal, Police Department, and. the Engineering Division have prepared
s conditions of approval °to address safety issues and design criteria forgrading, site
6 improvements and cdhWUCtion of the residences.
s 2. The public necessity,. convenience and general welfare clearly permit the
9. adoption of the ,pre - zoning -in that the zoning designation will result in residential
10 uses that are appropriate and 'compatible with the existing surrounding uses. The
r1 proposed. density would be :compatible. with the,surrounding, neighborhood. The
Iz project.;plaris present a, unified ,:and, organized arrangement of residential lots and
13 public' 'Streets, appropriafe to :adjacent and "nearby properties-. Proposed
14 landscaping would further'insure compatibility: The proposed project would also
'15 require ,review and approval by' the Site Plan and Architectural Review
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1s 3. 'The requirements-of the California Environmental Quality Act (.CEQA) have n
19 satisfied 'through the preparation of an Initial Study and the drafting, of a
20 Mitigated Negative Declaration to avoid or reduce to a level of insignificance,
2.1 potential impacts generated, by the proposed project. In compliance with the
22 requirements of the California Environmental .Qualify Act, an Initial Study' was
23 prepared for pre - zoning of the property to PUD. Based upon the - initial Study, a
24 determination was made that'n0 significant environmental impacts, would result.
25 A copy of this notice was published in the. Argus - Courier . and. provided to
26 residents and occupants within 300 feet of the site, in compliance with CEQA.
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.29 Section, -4. Pursuant to the 'provisions of Zoning Ordinance No. 1072 N.C.S., and based
'30 upon, the evidence it has received :and in 'accordance with the findings made, the City,
31. Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N::C.S. so as
32 to' pre- zone,said property' herein referred to,''in accordance with the recommendQtion -.of
33 the,Planning Commission:
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Ordinance No. 2193'N.C.S. Page,2.
Ordinance. No. 2193;N.C.S. Page 3
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- . Section 5. The City Clerk is'here.by directed to post #his Ordinance for the period and in
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the manner required by the City Charter.
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IF ANY SECTION, subsection,- sentence, clause or phrase or word of this Ordinance is for
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any reason held to.. be ,unconstitutional', unlawful. !or otherwise invalid by a court of
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competent jurisdiction, such decision shall not affect the validity :of the remaining portions
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of this Ordinance. The City Council of the City of Petaluma hereby declares that it would
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have passed and adopted this :Ordinance and each and all provisions'thereof irrespective
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of the fact that any one or more of said provisions, be declared ,unconstitutional, unlawful
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or otherwise invalid.
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INTRODUCED arid ordered Posted /R Ii;hed this 20th day of September 2004.
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ADOPTED this day of, 2004, by the following vote:
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AYES:
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NOES`
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ABSENT:
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ABSTAIN:
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David Glass, Mayor
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ATTEST: APPROVED A'S TO FORM:
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Gayle Petersen, City Clerk- Richard R`. Rudnansky, City Attorney
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Ordinance. No. 2193;N.C.S. Page 3