HomeMy WebLinkAboutOrdinance 2227 N.C.S. 11/07/2005EFFECTIVE DATE
OF ORDINANCE
December 7, 2005
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Introduced by
Mike Healy
ORDINANCE NO. 2227 N.C.S.
Seconded by
Karen Nau
REZONING TWO PARCELS TOTALING .55 ACRES, APN 008-480-040 AND 008-480-015, TO
PLANNED UNIT DISTRICT AND APPROVING THE UNIT DEVELOPMENT PLAN AND
DEVELOPMENT STANDARDS
TO ALLOW FOR 5 RESIDENTIAL LOTS
AT 3 EL ROSE DRIVE AND 2100 B STREET
WHEREAS, by action taken on September 27, 2005, the Planning Commission considered
the proposal and forwarded a recommendation to the City Council to approve the Rezoning to
PUD; and,
WHEREAS, the City Council finds that the requirements of the California Environmental
Quality Act (CEQA) have been satisfied through the preparation of an Initial Study and adoption
of Resolution No. 2005-0179 N.C.S., approving a Mitigated Negative Declaration to address the
specific impacts of the EI Rose Heights rezoning and subdivision; and,
WHEREAS, the City Council held a public hearing on the proposed project on October
17, 2005, after giving notice of said hearing, in the manner, for the period, and in the form
required by Ordinance No. 1072 N.C.S., as amended; and,
WHEREAS, the City Council has considered the Rezoning.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Rezoning to
Planned Unit District subject to the following Findings, Mitigation Measures, and Conditions:
The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and
rezone the subject parcels from Administrative and Professional Office (CO) to
Planned Unit District (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.
2. The proposed uses comply with the Planned Unit District designation, which allows
inclusion within its boundaries of a mixture of uses, or unusual density, building
intensity, or design characteristics, which would not normally be permitted in a
single use district, and to govern the development of residential projects.
Ordinance No. 2227 N.C.S.
Page 1
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Additionally, this proposal incorporates the policies and guidelines of the PUD-
Planned Unit District of Article 19A of the Zoning Ordinance.
3. The public necessity, convenience and welfare clearly permit and will be
furthered by the proposed Amendment to the Zoning Ordinance, reclassifying
and rezoning the site to Planned Unit District.
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 rezone
said property herein referred to.
The City Council hereby approves the Unit Development Plan and Planned Unit District
Development Standards subject to the following Findings, Mitigation Measures, and
Conditions:
The Planned Unit District Development Guidelines describe permitted and
accessory uses as well as those that would not be allowed to be established at
this location. This specific list of uses prevents the creation of any nuisance to the
existing surrounding uses.
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 EI Rose Heights Planned Unit
District.
3. In compliance with the requirements of the California Environmental Quality Act,
an Initial Study was prepared for the rezoning of the site from Administrative and
Professional Office (CO) to Planned Unit District (PUD). 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 Argus-Courier and
provided to owners and occupants within 500 feet of the site, in compliance with
CEQA requirements.
4. The adoption of the PUD Development Standards, as conditioned, are in general
conformity with the Petaluma General Plan and zoning regulations of the City of
Petaluma as described in the project staff report. Additionally, the Fire Marshal
and Engineering Division have prepared conditions of approval to address safety
issues and design criteria for the design of the site.
5. The public necessity, convenience, and general welfare clearly permit the
adoption of the proposed amendment in that the amendment will result in
residential uses that are more appropriate and compatible with the existing
surroundings uses. The density standard under the proposed Development
Standards will be 9.08 units per acre which is appropriate for the site and
consistent with the General Plan. The development standards for the proposed
development present a unified and organized arrangement of buildings and
facilities that are appropriate in relation to adjacent and nearby properties and
adequate landscaping is included to ensure compatibility. The development
standards shall also be reviewed and approved by the Site Plan and
Architectural Review Committee.
Ordinance No. 2227 N.C.S. Page 2
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MITIGATION MEASURES
All Mitigation Measures adopted in conjunction with the EI Rose Heights Subdivision and
Rezoning Mitigated Negative Declaration which are identified in the Initial Study for the EI
Rose Heights Subdivision and Rezoning are herein incorporated.
CONDITIONS OF APPROVAL
All conditions adopted in conjunction with the EI Rose Heights Tentative Subdivision Map
are herein incorporated by reference as conditions of project approval.
INTRODUCED and ordered posted this 17'h day of October 2005.
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17 ADOPTED this 7'h day of November 2005 by the following vote:
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19 AYES:
20 NOES:
21 ABSENT:
22 ABSTAIN
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ATTEST:
Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau, O'Brien
None
None
Torliatt
Q~~
Claire Cooper, City Clerk
_I e
David Glass, Mayor
APPROVED AS TO FORM:
Ordinance No. 2227 N.C.S. Page 3