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HomeMy WebLinkAboutOrdinance 2229 N.C.S. 01/06/20061 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 EFFECTIVE DATE OF ORDINANCE February 9, 2006 Introduced by Mike O'Brien ORDINANCE NO. 2229 N.C.S. Seconded by Mike Harris AMENDING THE ZONING MAP OF THE CITY OF PETALUMA TO REZONE EXISTING MOBILEHOME PARKS WITHIN THE CITY OF PETALUMA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The City Council finds that on November 22, 2005, the Planning Commission recommended the adoption of an amendment to City of Petaluma Zoning Map, to reclassify and rezone existing mobilehome parks in the City of Petaluma to the Mobilehome Park (M-H) zoning district as follows: Mobilehome Park Current Zoning Recommended Zoning Capri Mobile Villa Light Industrial (ML) Mobilehome Park (MH) Little Woods Villa Garden Apartment (RMG) Mobilehome Park (MH) Petaluma Estates Garden Apartment (RMG) Mobilehome Park (MH) Royal Oaks Senior Community Planned Unit District (PUD) Mobilehome Park (MH) Sandalwood Mobile Park Garden Apartment (RMG) Mobilehome Park (MH) Youngstown Mobilehome Park Garden Apartment (RMG) Mobilehome Park (MH) Section 2. The City Council further finds that said Planning Commission held a public hearing on said proposed amendment on November 22, 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 City of Petaluma Zoning Map., to classify and rezone the subject mobilehome parks Mobilehome Park will result in said parks having a zoning and General Plan land use designation that are consistent with each other. 2. The public necessity, convenience and welfare clearly permit and will be furthered by the proposed Amendment to the Zoning Map. 3. The amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c) (2): the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3): the Ordinance No. 2229 N.C.S. Page 1 1 activity is not a project as defined in Section 15378) of the CEQA Guidelines because it 2 has no potential for resulting in physical change to the environment, directly or indirectly. 3 4 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the 5 evidence it has received and in accordance with the findings made, the City Council hereby 6 adopts an amendment to said Zoning Map., so as to reclassify and rezone said mobilehome 7 parks, in accordance with the recommendation of the Planning Commission and Article 8.1 of 8 Zoning Ordinance No. 1072 N.C.S., the Mobilehome Park (M-H) Zoning District. 9 10 Section 5. The City Council further finds and declares that the development standards 11 contained within Section 8.1-500 of Article 8.1, Mobilehome Park (M-H) Zoning District do not and 12 shall not apply to existing mobilehome parks in the City of Petaluma and that the state 13 Department of Housing and Community Development (HCD), in accordance with Title 25 of the 14 California Code of Regulations, is responsible for enforcing all development standards in existing 15 mobilehome parks in the City of Petaluma. 16 17 Section 6. If any section, subsection, sentence, clause or phrase or word of this Ordinance is for 18 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent 19 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 20 The City Council of the City of Petaluma hereby declares that it would have passed and 21 adopted this Ordinance and each and all provisions thereof irrespective of the fact that any 22 one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. 23 24 Section 7. The City Clerk is hereby directed to post this Ordinance for the period and in the 25 manner required by the City Charter. 26 27 INTRODUCED and ordered posted this 19'" day of December 2005. 28 ADOPTED this 9th day of January 2006 by the following vote: 29 30 AYES: Vice Mayor Canevaro, Mayor Glass, Harris, Nau, O'Brien, Torliatt 31 NOES: None 32 ABSENT: Healy 33 ABSTAIN: None 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: David Glass, Mayo APPROVED AS TO FORM: I ~Ca~ I Claire Cooper, City Clerk Eric W. Danly, City Ordinance No. 2229 N.C.S. ey Page 2