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HomeMy WebLinkAboutAgenda Bill 6.B-Attch10 03/03/2003ATTACHMENT 1.0 ORDINANCE NO. Introduced by Councilmember N.S.C. Seconded by Councilmember PREZONING A 123 -ACRE PARCELTO PLANNED UNIT DEVELOPMENT, TO ALLOW FOR 62 RESIDENTIAL LOTS,, AND DEVELOPMENT OF 62 NEW RESIDENCES..LOCATED AT WESTERN AVENUE ANIR,WINDS®R:DRIV'E APN 020- 030 -037, 039, 013 and 015 File ANX 00004, TSM 00003, PRZ 0001, PUD 00004 BE IT ORDAINED BY THE COUNCIL.OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The, City _Council finds that the Planning Commission filed with the City Council its report set forth in its minutes of October ` 22, 2002, recommending the Adoption of an amendment to Zoning Ordinance Section 1072 KC.S., as amended, by classifying and prezoning certain lands being more .particularly described -as the 123 -acre Assessor's Parcel Nos. APN 020 -030- 037, 039, 013 and 015. Section 2. The City Council .further finds that said Planning Commission held a public hearing on said proposed amendment on October 22, 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. Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended, the City Council finds as follows: The proposed Prezoning of the Rockridge Pointe 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 conditions of approval to address: safety issues and design criteria for grading, site improvements and construction of the residences. C� 2. The public necessity, convenience and .general, welfare clearly .permit the adoption of the Prezoning in that the zoning designation will result in residential uses that are appropriate and compatible with the existing surrounding uses. The project plans present a unified and organized arrangement of residential lots and public streets, appropriate to adjacent and nearby properties. Proposed landscaping would further insure compatibility. The proposed project would also require review and approval by the Site Plan and Architectural Review Committee. { vi 3. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of'an Initial Study and the drafting of a Mitigated Negative Declaration to avoid or reduce to a level of insignificance, potential impacts generated by the proposed project. ,In compliance with the requirements of the California Environmental Quality Act, an Initial Study was prepared for prezoning of the property to Planned Unit- Development. `Based upon the Initial Study, a determination was made that no significant environmental impacts would result. A copy of this notice was published in the Argun Courier and provided to residents and occupants within 300 feet of the site, in compliance with CEQA requirements. Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the evidence it has received and in accordance with the findings made, the City Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to prezone said property herein referred to, in accordance with the °recommendation of the Planning'Commission. Section 5.. 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 this Ordmance`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. and 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 ADOPTED this day of AYES: NOES: day of 2001, by the following voter ABSENT:, ABSTAIN: ATTEST: Mayor APPROVED AS TO FORM: .7 n • City Clerk City Attorney