HomeMy WebLinkAboutOrdinance 2226 N.C.S. 10/17/20051
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EFFECTIVE DATE
OF ORDINANCE
November 17, 2005
Introduced by
Mike O'Brien
ORDINANCE NO. 2226 N.C.S.
Seconded by
Mike Healy
AMENDMENT TO ORDINANCE NO. 2178 ADOPTING PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW
FOR DEVELOPMENT OF 26 AFFORDABLE SINGLE FAMILY HOMES ON SOUTHGATE AFFORDABLE
HOUSING SITE, AND APPROVAL OF THE REVISED PUD DEVELOPMENT STANDARDS AND UNIT
DEVELOPMENT PLAN AND FOR THE SOUTHGATE SUBDIVISION LOCATED AT EAST OF PRATES ROAD
BETWEEN LAKEVILLE HIGHWAY AND ELY ROAD; APNS 017-150-019 AND 017-030-022
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 August 9, 2005, recommending the adoption of an amendment
to the Southgate PUD and associated changes to PUD Development Standards to allow a
change in the type of number and type of affordable housing units to be constructed on the
Affordable Housing Parcel Assessor's Parcel No. 017-150-019.
Section 2. The City Council further finds that said Planning Commission held a public hearing on
said proposed amendment on August 9, 2005, 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 Amendment to the Southgate Planned Unit Development (PUD), 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 uses comply with the Urban Diversified land use designation of the General
Plan, which allows for residential densities of 5-10 units per acre and invites flexibility in site
design and unit type. In addition, this proposal incorporates the policies and guidelines
of the Planned Unit Development of Article 19A of the Zoning Ordinance.
2. The public necessity, convenience and welfare clearly permit and will be furthered by
the proposed Amendment to the Zoning Ordinance, reclassifying and rezoning the
project site to Planned Unit Development.
The PUD Development Standards (as revised) for the Southgate Residential Development
identifies permitted and conditional uses allowed within the approved PUD..
Ordinance No. 2226 N.C.S.
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3. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the preparation of an Initial Study and Draft Mitigated Negative
Declaration to avoid or reduce to a level of insignificance, potential impacts generated
by the proposed Southgate Residential Development.
In compliance with the requirements of the California Environmental Quality Act, an
Initial Study was prepared for the Southgate Residential Development. Based upon the
Initial Study, a determination was made. that no significant environmental effects would
result. A copy of this notice was published in the Argus-Courier and provided to residents
and occupants within 500 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 amend the Southgate
PUD, in accordance with the recommendation of the Planning Commission.
Section 5. The City Council hereby approves the Unit Development Plan and Residential
Development standards finding that:
The Unit Development Plan, including the Development Standards will result in appropriate
and compatible uses in the district.
The PUD is proposed on property which has suitable relationship to one or more
thoroughfares, and that said thoroughfares are adequate to carry any additional traffic
generated by development.
The plan for the proposed development presents a unified and organized arrangement of
buildings and service facilities which are appropriate in relation to adjacent or nearby
properties, and that provisions for adequate landscaping and/or screening are included to
ensure compatibility. Conditions have been incorporated requiring design and
development standards that are compatible with neighboring developments.
The natural and scenic qualities of the site are protected, with adequate available public
and private spaces designated on the Unit Development Plan.
The development of the subject property in the manner proposed by the applicant, and
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 of Petaluma, and with the Petaluma General Plan.
6. The project, as conditioned per the resolution approving the Tentative Map (Resolution No.
2005-170 N.C.S.) complies with the applicable provisions of the Municipal Code and the
General Plan.
7. The Unit Development Plan for the Southgate Affordable Housing Site shall be subject to
the applicable conditions of Tentative Subdivision Map, including Mitigation Measures
adopted as conditions of approval.
Section b. The City Clerk is hereby directed to post this Ordinance for the period and in the
manner required by the City Charter.
Ordinance No. 2226 N.C.S.
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2 IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for any
3 reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
4 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
5 The City Council of the City of Petaluma hereby declares that it would have passed and adopted
6 this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of
7 said provisions be declared unconstitutional, unlawful or otherwise invalid.
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9 INTRODUCED and ordered posted this 3~d day of October 2005.
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12 ADOPTED this 17'" day of October 2005 by the following vote:
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14 AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy; Nau, O'Brien
15 NOES: None
16 ABSENT: Torliatt
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22 David Glass, Mayor
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28 ATTEST: APPROVED AS TO FORM:
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34 Claire Cooper, City Clerk Richard R. Rudnansk ity Attorney
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Ordinance No. 2226 N.C.S. Page 3