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HomeMy WebLinkAboutOrdinance 2319 N.C.S. 03/02/2009EFFECTIVE DATE OF ORDINANCE April 2, 2009 1 2 3 4 5 6 7 Introduced by David Glass ORDINANCE NO. 2319 N.C.S. Seconded by David Rabbitt APPROVAL OF A PLANNED UNIT DISTRICT (PUD) AMENDMENT, INCLUDING THE UNIT DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE PINNACLE RIDGE 8 SUBDIVISION PROJECT CONSISTING OF 11 SINGLE-FAMILY RESIDENTIAL UNITS 9 LOCATED AT 2762 `I' STREET, 0 APN 019-401- 019, PROJECT FILE NO. OS-ZOA-0029-CR WHEREAS, Pinnacle Development Number 21, L.P. has applied to subdivide a 16.36 acre parcel at 2762 "I" Street into an 1 1-unit subdivision ("the Project"), and amend the Planned Unit District ("PUD") of Westridge Units 4 & 5 and associated Development Plan and PUD Standards; and, WHEREAS, the City of Petaluma Planning Commission held a public hearing on the proposed amendment on September 9 and October 28, 2008 after giving notice of said hearing, in the manner, for the period, and in the form required by the City's Implementing Zoning Ordinance; and, WHEREAS, the City of Petaluma Planning Commission filed with the City Council its report set forth in its minutes of September 9 and October 28, 2008 recommending the adoption of an amendment to Westridge Units 4 & 5 and associated changes to the PUD Development Standards to allow for 1 1 single family residential units to be constructed on Assessor's Parcel No. 019-401-019; and, WHEREAS, on December 8, 2008, in compliance with the California Environmental Quality Act ("CEQA"), 14 California Code of Regulations Sections 15000 et seq. ("CEQA Guidelines") and the City of Petaluma Environmental Guidelines, the City Council adopted Resolution No. 2008-224 N.C.S., approving a mitigated negative declaration of environmental effect for the Project; and, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. PUD Findings The City Council finds as follows in support of the Amendment of the Unit Development Plan for Westridge Units 4 & 5 and Development Standards for the Pinnacle Ridge Subdivision Project consisting of 1 1 single-family residential units located at 2762 "I" Street (the "Project"J_ A. The proposed Amendment to of the Westridge Units 4 & 5 Planned Unit District to allow Ordinance No. 2319 N.C.S. Page 1 the Pinnacle Ridge property to develop as a residential development proposed is consistent with the Petaluma General Plan. The PUD Amendment 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 proposed 1 1 residences complies with the 2025 General Plan land use designation for the subject property which are: Urban Separator (6.32 acres), Rural Residential (8.15 acres) and Very Low Density Residential (1.89 acres). The Rural Residential (0.1 to 0.6 hu/ac) land use designation is intended for single-family residential development located primarily at the western perimeter of the city, along the Urban Growth Boundary. This designation maintains a rural character and provides a transition to unincorporated rural and agricultural lands. This density range reflects prevailing lot sizes and development patterns. The Very Low Density Residential (0.6-2.5 hu/ac) land use designation is intended for single-family residential development applied primarily to the southern hillsides, with a minimum lot size of half an acre., and larger lots required for sloped sites. The Urban Separator includes open space lands within and/or directly adjacent to the Urban Growth Boundary that are intended to serve as the outer boundary of urban development, as designated by the City of Petaluma. They provide an edge that buffers agricultural fields from urban land, may serve as a recreational area, and act as a key component of the city's open space system. On lands with development potential, the Urban Separator allows transferability of development potential to the remaining portion of the same property. Given the 2025 General Plan land use designations, and the allowance to transfer density from the Urban Separator, the subject property would be allowed to develop 1 1 units, which is what the applicant has proposed. Therefore, the development of the Property in the manner proposed by the applicant 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, with the City of Petaluma General Plan 2025 and with any applicable plans adopted by the City. B. The proposal is consistent wifh the Zoning Ordinance in that it incorporates the policies and guidelines of the Planned Unit District Chapter 19 of the Implementing Zoning Ordinance. The proposed development is planned on a property which has a suitable relationship to one or more thoroughfares ('I' Street), and said thoroughfares with the improvements required, are adequate to carry any additional traffic generated by the development. C. The public necessity, convenience and general welfare clearly permit and will be furthered by the proposed amended PUD zoning in that the amended 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 lots and public streets, appropriate to adjacent and nearby properties. Proposed landscaping would further ensure compatibility. The proposed project would also require review and approval by the Site Plan and Architectural Review Committee. D. As determined in the City's approval of a Mitigated Negative Declaration of environmental impact, and adoption of Mitigation Measures and a Mitigation Monitoring Program for the Project, the natural and scenic qualities of the site are protected with adequate available public and private spaces designated on the Unit Development Plan. Section 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Ordinance No. 2319 N.C.S. Page 2 Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 20 Section 3. Effective Date. This ordinance shall become effective thirty (30) days after the. date of its adoption by the Petaluma City Council. Section 4. Publication The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this 8'h day of December, 2008. ADOPTED this 2~d day of March, 2009. Ayes: Vice Mayor Barrett, Glass, Harris, Healy, Babbitt, Renee, Mayor Torliatt Noes: None Abstain: Norie 1 Absent: None ''~ ~'~' ela Torliatt,'Mayor ATTEST: Claire Cooper, City Clerk APPROVEfS/4}~/Atir\tS O FORM: jJ. ! O f~ Eric W. Danly, Cj,#~ Attorney Ordinance No. 2319 N.C.S. Page 3