HomeMy WebLinkAboutAgenda Bill 4.A-Ord 03/17/2003BAR 17 2003 � 1�
-ORDINANCE NO. 2146 N.C.S.
Introduced by Council Member
Seconded by Council Member
PREZONING OF 15.48 ACRES,. APN 048- 141 -01.2 AND A, PORTION OF 048- 132 -027,
TO PLANNED UNIT DEVELOPMENT'DISTRICT,
TO ALLOW FOR 44 RESIDENTIAL LOTS,
KNOWN AS. MAGNOLIA.PLACE
1120 MAGNOLIA AVENUE AND 1111 GOSSAGE AVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section _l. The City Council finds that,,the Planning Commission filed with the City Council its
report set forth in its minutes of April, 9, 2002,'t ecor ending the denial of adoption of an
amendment to Zoning ,Ordinance Section 107 N.C.S , as amended, to classify and prezone
certain lands being more particularly described as Assessor's: Parcel Nos. 048 -141 -012 and a
portion of 048 -132 -027.
Section 2.. The City Council further, finds. that said Planning Commission held a public hearing
on said proposed amendment on April 9;, 2002', after :giving notice of said hearing, in the manner,
for the period, and in the form required by said OrdinanceNo. 1072 N.C.S., as amended.
Section 3. The City Council held a public hearing on the Magnolia Place proposal on February 3
and February 24, 2003, 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 provisionsfof Zoning Ordinance No. 1.072 N.C.S., as
amended, the City, Council find's as follows:
1. 'That the Planned Unit District will result in, .a more desirable use of land and a better
physical environment than would be possible under any single zoning district or
combination, of zoning districts. The Planned Unit District allows the clustering of homes
Within the development ; in order to preserve an 8.94 -acre portion of the site for a
neighborhood park, which will allow the .City to expand its, park acreage and bring it
more into compliance with adopted minimum standards. If developed under county
regulations the entire. parcel could be used for housing, eliminating the potential for
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parkland. The ran e of lots sizes results in a lessenin . of develo merit intensity at the
edge of 'the Urban Limit Line.
2. That the proposed rezoning to PUD is consistent with the provisions - of Article 19A,
Planned Unit District, of the Zoning Ordinance. The applicants ,submitted the required
materials including;a Unit Development Plan and applicable fees, with the application.
3. That "the PUD is proposed on property which has a suitable relationship to, one or more
thoroughfares, and that said thoroughfares are adequate 'to carry any. additional traffic
generated by the development. Traffic studies were completed 'for the project to analyze
the potential traffic impacts. It concluded' that the traffic generated by the proposed
project, is expected to. have only a minor °impact on traffic operation in the area. Proposed
street improvements, including installation, of sidewalk and a roundabout, at .the M_ agnolia
Avenue /Elm, Street intersection will have a benefi'c'ial impact on. Magnolia Avenue
vehicular -, pedestrian and bicycle :traffic.
4. That. the proposed project,. as conditioned, will not be detrimental to the public welfare,
will be in the best interests of the City, and will be in keeping with the ;general intent and
spirit of the zoning regulations of the City 'and with the General Plan, Thee project. will
occur within the City's Sphere of Influence and Urban Limit Line, on,property slated for
development. The developer will dedicate approximately 8.94 acres the .City for a
neighborhood park and provide a: maintenance annuity, helping the City to expand its
park acreage and bring it, more into compliance with adopted minimum standards. The
infrastructure improvements will contribute to the health, safety, and welfare of the
community.
5. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the preparation of ati Initial Study and the drafting of :a Mitigated
Negative Declaration to avoid or reduce to, a level: of insignificance, potential "linpacts
generated by the proposed project. A notice was published "in ' Argus Courier and
provided to residents and occupants within 5.00 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*, anamendment to said Zoning. Ordinance No. 1072 N.C.S., so as to prezone said property
herein referred to.
Section '5. - The City. Clerk is hereby directed to post this Ordinance for the' period and in the
manner °required by the City Charter.
I'F ANY SECTION, ,subsection, sentence, clause ; or phrase or word of this Ord i"r arice 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.
Ordinance 2146 N.C.S. Page 2
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The City Council of the City of Petaluma hereby declares that it would havepassed 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 Published this 24 day of.February '2003.
ADOPTED this day of ;' . 200 3 by-the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
David Glass, Mayor
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ATTEST:
Gayle Petersen, City Clerk
V
APPROVED AS TO FORM:
Rich Rudnansky, City Attorney
Ordinance 2146 N.C.S.
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