HomeMy WebLinkAboutOrdinance 2206 N.C.S. 04/18/2005EFFECTIVE DATE
OF ORDINANCE
18, 2005
ORDINANCE NO. 2206 N.C.S.
1
2
3 Introduced by Seconded by
4
5 Mike O'Brien Karen Nau
6
7
8 REZONING A 2.77 ACRE PARCEL, APN 008-232-055, TO PLANNED UNIT DISTRICT
9 AND APPROVING THE UNIT DEVELOPMENT PLAN AND GUIDELINES TO ALLOW FOR 5
10 RESIDENTIAL LOTS AND A PRIVATE STREET AT 804 6T" STREET
11
12 WHEREAS, by action taken on November 23, 2004, the Planning Commission
13 considered the proposal and forwarded a recommendation to the City Council to
14 approve the Rezoning to PUD; and,
15 ~"
16 WHEREAS, the City Council finds that the requirements of the California
17 Environmental Quality Act (CEQA) have been satisfied through the preparation of an
18 Initial Study and adoption of Resolution No. 2005-053 N.C.S., approving a Mitigated
19 Negative Declaration to address the specific impacts of the Woodridge rezoning and
20 subdivision; and,
21
22 WHEREAS, the City Council held a public hearing on the proposed project on April
23 4, 2005, after giving notice of said hearing, in the manner, for the period, and in the form
24 required by Ordinance No. 1072 N.C.S., as amended; and,
25
26 WHEREAS, the City Council has considered the Rezoning;
27
28 NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Rezoning to
29 Planned Unit District subject to the following Findings, Mitigation Measures, and
30 Conditions:
31
32 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to
33 classify and rezone the subject parcel from R 1-6,500 to Planned Unit
34 District (PUD) will result in a more desirable use of 4and and a better
35 physical environment than. would be possible under any single zoning
36 district or combination of zoning districts.
37
38 2. The proposed uses comply with the Planned Unit District designation,
39 which allows inclusion within its boundaries of a mixture of uses, or unusual
40 density, building intensity, or design characteristics, which would not
41 normally be permitted in a single use district, and to govern the
Ordinance No. 2206 N.C.S. Page 1
1
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
3.0
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
development of residential projects. 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 pre-zone said property herein referred to.
The City Council hereby approves the Unit Development Plan and Planned Unit
District Development Guidelines subject to the following Findings, Mitigation
Measures, and Conditions:
1. The Planned Unit District Development Guidelines describe permitted and
conditional 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.
2. 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 Woodridge
Planned Unit District.
In compliance with the requirements of the California Environmental
Quality Act, an Initial Study was prepared for the rezoning of the site from
R1-6,500 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 residents and occupants within 500 feet of the site, in
compliance with CEQA requirements.
The adoption of the PUD Development Guidelines, 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 Guidelines will be 2.6 units per acre (without the private
street) which is appropriate for the site and consistent with the General
Plan. The guidelines for the proposed development will present a unified
and organized arrangement of buildings and' facilities that are
appropriate in relation to adjacent and nearby properties and adequate
Ordinance No. 2206 N.C.S. Page 2
1
2
3
4
5
6
7
8
9
10
11
12
I3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
landscaping is included to ensure compatibility. The guidelines shall also
be reviewed and approved by the Site Plan and Architectural Review
Committee.
The most logical development of the subject property requires that
Parcels 1-4 be accessed via a new private street with access from Olive
Street in that the private street is an extension and improvement of the
existing access to the site, the site has been designated for development
by the General Plan, the project results in the lowest density allowed
under the General Plan, and the design of the private street has been
reviewed by the Fire Marshal and City Engineer and determined to be
adequate.
CONDITIONS OF APPROVAL
All conditions adopted in conjunction with the Woodridge Tentative Subdivision
Map are herein incorporated by reference as conditions of project approval.
MITIGATION MEASURES
All Mitigation Measures adopted in conjunction with fhe Woodridge Subdivision
and Rezoning Mitigated Negative Declaration which are identified in the Initial
Study for the Woodridge Subdivision and Rezoning are herein incorporated.
INTRODUCED and ordered posted/published.. this 4'h day of April 2005.
ADOPTED this 18'h day of Aprii 2005 by the following vote:
AYES: Canevaro, Mayor Glass, Nau, O' Brien, Torliatt
NOES: Healy
ABSENT: Vice Mayor Harris
r
~.
David Glass, Mayor
ATTEST:
Claire Cooper, Interim City Jerk
Ordinance No. 2206 N.C.S.
Page 3
APPROVED_AS TO FORM: