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HomeMy WebLinkAboutAgenda Bill 3.C-Ord 03/17/2003e `., MAR 17 2003 IC . yak 2 3 ORDINANCE NO. 1 N.C.S. 4 5 Introduced by Council Member Seconded by Council Member 6 7 8 9 10 11 PREZONING A 123 -ACRE PARCELTO PLANNED UNIT DEVELOPMENT, 12 TO ALLOW FOR 62 RESIDENThAL. LOTS, 13 AND DEVELOPMENT' OF. 62 NEW. RESIDENCES LOCATED AT 14 WESTERN'`AVENUE AND WINDSOR DRIVE 15 APN 020 -030 -037, 039, 013 and 015 16 File.ANX 00004,'TSM 00003, PIZZ'0001; PUD'00004 17 18 BE IT ORDAINED BY THE COUNCIL. OF THE CITY OF PETAI.UMA AS FOLLOWS: 19 20 21 Section L The City Council finds that the Planning Commission filed with the City 0 2 Council its report set forth in its minutes of October 22,'2002, recommending the adoption of an 23 amendment to Zoning Ordinance Section 1072 N.C.S., as amended by classifying and prezoning 24 certain lands being more particularly described as the 123-acre Assessor's Parcel Nos. APN 020- 25 030 -037, 039, 013 and 015. 26 .27 Section, 2. The City Council further finds that said Planning Commission held a public 28 hearing on said proposed amendment on October 22, 2002, after giving notice of said hearing, in 29 the manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as 30 amended. 31. 32 - ' Section S. Pursuant; to the provisions of Zoning Ordinance No. 1072 N.C.S., as 33 amended, the City Council finds as follows: 34 35 1, The proposed Prezoning of the Rockri'dge Pointe property to PU'D is consistent 36 with the Petaluma General Plan, and is in general conformity with the zoning 0 7 regulations of the City of Petaluma, as described in the project staff report. Ordinance 2148 N.C.S. . Page 1 e i 1 Additionally; the Fire Marshal, Police Department, and the Engineering Division 2. have prepared conditions of approval to address safety issues and design, criteria 3 for grading, site improvements and construction of the residences. 4 5 2. The public necessity, convenience and general welfare clearlypermit the adoption 6 of the Prezoning in that the zoning designation will result in; resideritial.uses that 7 are appropriate and compatible with the existing surrounding uses. The; project 8 plans present a unified and' organized arrangement of residential lots and public. 9 streets appropriate to adjacent and nearby properties. Proposed landscaping 10 would further insure compatibility, The proposed project would also require 11 review and approval by the Site Plan and Architectural Review Committee, 12 13 3. The: requirements of the California, Environrnental Quality Act (CEQA) have been 14 satisfied through the preparation of an Initial. Study and the drafting; of a Mitigated 15 Negative Declaration to avoid or reduce 'to a level of insignificance, potential 16 impacts :generated by the proposed project. In compliance with the requirements 17 of the 'California Environmental Quality Act, an Initial Study was prepared for 18 prezoning of the property to Planned Unit 'Development. Based upon the In'i'tial 19 - Study, a determination was made that no significant environmental, impacts would - 20 result. A copy of this notice was published in the Argus Courier and provided to 21 residents and occupants within 300..feet of the site, in compliance with CEQA 22 requirements, . 23 24 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based 25 upon the evidence it has received and in accordance with the findings made the City Council 26 hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to. prezone said 27 property herein referred to, in accordance with the recommendation of the Planning Commission. 28 29 Section 5. The City Clerk is 'hereby directed to post this Ordinance for the period and in 30 the manner required by the City Charter. 31 Ordinance 2148 N.C.S': Page 2 I IF ANY SECTION' , subsection, sentenc e., clause, phrase or word of this Ordinance is for • ' 2 any reason held to be unconstitutional, unlawful or otherwise 'invalid by a court of competent 3 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 4 The City Council of the City of Petaluma hereby declares that 'it would have passed and adopted 5 this Ordinance and each and all provisions thereof irrespective of the fact. that any one or more of 6 said provisions be declared unconstitutional, unlawful or otherwise. invalid. 7 8 INTRODUCED and ordered;`Posted this 3 rd day of March 2003. 9 10 ADOPTED this day of 2003'by the following vote: 11 12 AYES: 13 14 NOES: 1.5 1.6 ABSENT: 17 18 r� L.J ATTEST: David Glass, Mayor APPROVED AS TO FORM: Gayle Petersen, City Clerk Ordinance 2148 N.C.S. Rich Rudnansky, City Attorney Page 3