HomeMy WebLinkAboutOrdinance 2211 N.C.S. 06/20/2005EFFECTIVE DATE
OF' ORDINANCE
Jul 20, 2005
Introduced by
~ Mike Healy
ORDINANCE NO. 2211 N.C.S.
Seconded by
Keith Canevaro
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io PRE-ZONING 46.8 ACRES COMPRISED OF ASSESSORS PARCEL NOS. 019-210-010, -011, -
i~ 026, -038 $ -039; 019-220-012 & 027 TO PUD (PLANNED UNIT DISTRICT), TO ALLOW FOR 170
iz SINGLE FAMILY RESIDENCES, 80 TOWNHOME CONDOMINIUMS AND 64 LIVE/WORK
i3 CONDOMINIUMS AND APPROVING THE UNIT DEVELOPMENT PLAN AND DEVELOPMENT
i4 STANDARDS FOR THE LOMAS SUBDIVISION, LOCATED AT 1500-1600 PETALUMA
~s BOULEVARD SOUTH
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i~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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19 Section 1. The City Council finds that the Planning Commission filed with the City Council its
20 report set forth in its minutes of February 8, 2005, comments regarding amendment to Zoning
21 Ordinance Section 1072 N.C.S., as amended, by classifying and pre-zoning certain lands being
zz more particularly described as Assessor's Parcel Nos. Ol 9-210-010, -Ol 1, -026, -038 & -039; Ol 9-220-
z3 Ol 2 & 027 comprising the 46.8-acre Lomas project site.
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2s Section 2. The City Council further finds that said Planning Commission held public hearings on
26 said pre-zoning on November 23, 2004 and February 8, 2005, after giving notice of said hearing,
27 in the manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as
2a amended.
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3o Section 3. The City Council held a public hearing on the Lomas proposal on February 15 and
31 May 16, 2005, after giving notice of said hearing in the manner for the period and in the form
3z required by said Ordinance No. 1072 N.C.S., as amended, and considered all written and verbal
33 communications. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended,
34 the City Council finds as follows:
3s
36 1. The proposed pre-zoning of the Lomas property to PUD is consistent with the Petaluma
37 General Plan, and is in general conformity with the zoning regulations of the City of
3s Petaluma as described in the project staff report. Additionally, the Fire Marshal, Police
39 Departmerit, and the Engineering Division have prepared conditions of approval to
4o address safety issues and design criteria for grading, site improvements and construction
4i of the residences.
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43 2. The public necessity, convenience and general welfare clearly permit the adoption of
44 the pre-zoning in that the zoning designation will result in residential uses that are
45 appropriate and compatible with the existing surrounding uses. The proposed density
46 would be compatible with the surrounding neighborhood. The project plans present a
a~ unified and organized arrangement of residential lots and public streets, appropriate to
Ordinance No. 221 1 N.C.S. Page 1
I adjacent and nearby properties. Proposed landscaping would further insure
2 compatibility. The proposed project would also require review and approval by the Site
3 Plan and Architectural Review Committee.
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s 3. The requirements of the California Environmental Quality Act (CEQA) have been
6 satisfied through the preparation of an Initial Study and the adoption of a Mitigated
~ Negative Declaration to avoid or reduce to a level of insignificance, potential impacts
8 generated by the proposed project. In compliance with the requirements of the
9 California Environmental Quality Act, an Initial Study was prepared for pre-zoning of the
io property to PUD. Based upon the Initial Study, a determination was made that no
II significant environmental impacts would result. A copy of this notice was published in
Iz the Argus-Courier and provided to residents and occupants within 300 feet of the site, in
13 compliance with CEQA requirements.
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Is Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the
ib evidence it has received and in accordance with the findings made, the City Council hereby
17 adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to pre-zone said
18 property herein referred to.
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20 Section 5.
21 The City Council hereby approves the Unit Development Plan and Residential Development
22 standards finding that
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2a l . The Unit Development Plan, including the Development Standards will result in appropriate
2s and compatible uses in the district.
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27 2. The PUD is proposed on property which has suitable relationship to one or more
28 thoroughfares, and that said thoroughfares are adequate to carry any additional traffic
z9 generated by development.
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31 3. The plan for the proposed development presents a unified and organized arrangement of
32 buildings and service facilities which are appropriate in relation to adjacent or nearby
33 properties, and that provisions for adequate landscaping and/or screening are included to
34 ensure compatibility. Conditions have been incorporated requiring design and
35 development standards that are compatible with neighboring developments.
3C,
37 4. The natural and scenic qualities of the site are protected, with adequate available public
3s and private spaces designated on the Unit Development Plan.
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40 5. The development of the subject property in the manner proposed by the applicant, and
41 as conditioned, will not be detrimental to the public welfare, will be in the best interests of
42 the City, and will be in keeping with the general intent and spirit of the zoning regulations
43 of the City of .Petaluma, and with the Petaluma General Plan.
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as 6. The project, as conditioned per the resolution approving the Vesting Tentative Map
a6 (Resolution No. 2005-086 N.C.S.) complies with the applicable provisions of the Municipal
a~ Code and the General Plan.
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a9 7. The Unit Development Pian for the Lomas Residential Development shall be subject to
so the applicable conditions of Vesting Tentative Map, including Mitigation Measures
sl adopted as conditions of approval.
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Ordinance No. 221 1 N.C.S. Page 2
1 Section b. The City Clerk is hereby directed to post this Ordinance for the period and in the
2 manner required by the City Charter.
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4 IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for any
s reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
6 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
7 The City Council of the City of Petaluma hereby declares that it would have passed and adopted
8 this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of
9 said provisions be declared unconstitutional, unlawful or otherwise invalid.
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INTRODUCED and ordered posted/published this 6'" day of June 2005.
ADOPTED this 20'h day of June 2005 by the following vote:
AYES: Canevaro, Heaiy, Nau
NOES: Mayor Glass, Torliatt
ABSENT: Vice Mayor Harris
ABSTAIN: O'Brien
e
avid Glass, ayor
ATTEST: APPROVED AS TO FORM:
.''~
Claire Cooper, CMC, City Clerk Richard ~ Rudnansky, City At ey
Ordinance No. 221 1 N.C.S. Page 3