HomeMy WebLinkAboutOrdinance 2193 N.C.S. 10/04/20041
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EFFECTIVE DATE OF
ORDINANCE
November 4, 2004
ORDINANCE NO. 2193 N.C.S.
Introduced by
Mike O'Brien
Seconded by
Mike Healy
PRE -ZONING A 22.9 ACRES COMPRISED OF ASSESSORS PARCEL NOS. 019-210-017,
-019, -026, -027, -030, -031 & -037 TO PUD (PLANNNED UNIT DEVELOPMENT), TO
ALLOW FOR 67 RESIDENTIAL LOTS AND DEVELOPMENT OF 63 NEW RESIDENCES
KNOWN AS THE RIVERVIEW SUBDIVISION,
LOCATED AT MCNEAR AVENUE AND MISSION DRIVE
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 May 1 1 and June 8, 2004, recommending the adoption
of an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by classifying
and pre -zoning certain lands being more particularly described as Assessor's Parcel No.
019-210-017, -019, -026, -027, -030, -031 & -037 comprising the 22.9-acre Riverview project
28 site.
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30 Section 2. The City Council further finds that said Planning Commission held public
31 hearings on said pre -zoning on May 11 and June 8, 2004, after giving notice of said
32 hearing, in the manner, for the period, and in the form required by said Ordinance No.
33 1072 N.C.S., as amended.
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35 Section 3. The City Council held a public hearing on the Riverview proposal on
36 September 20, 2004, after giving notice of said hearing in the manner for the period and
37 in the form required by said Ordinance No. 1072 N.C.S., as amended, and considered all
38 written and verbal communications. Pursuant to the provisions of Zoning Ordinance No.
39 1072 N.C.S., as amended, the City Council finds as follows:
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Ordinance No. 2193 N.C.S. Page 1
I 1. The proposed pre -zoning of the Riverview property to PUD is consistent with the
2 Petaluma General Plan, and is in general conformity with the zoning regulations
3 of the City of Petaluma as described in the project staff report. Additionally, the
4 Fire Marshal, Police Department, and the Engineering Division have prepared
s conditions of approval to address safety issues and design criteria for grading, site
6 improvements and construction of the residences.
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s 2. The public necessity, convenience and general welfare clearly permit the
9 adoption of the pre -zoning in that the zoning designation will result in residential
10 uses that are appropriate and compatible with the existing surrounding uses. The
11 proposed density would be compatible with the surrounding neighborhood. The
12 project plans present a unified and organized arrangement of residential lots and
13 public streets, appropriate to adjacent and nearby properties. Proposed
14 landscaping would further insure compatibility. The proposed project would also
15 require review and approval by the Site Plan and Architectural Review
16 Committee.
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18 3. The requirements of the California Environmental Quality Act (CEQA) have been
19 satisfied through the preparation of an Initial Study and the drafting of a
20 Mitigated Negative Declaration to avoid or reduce to a level of insignificance,
21 potential impacts generated by the proposed project. In compliance with the
22 requirements of the California Environmental Quality Act, an Initial Study was
23 prepared for pre -zoning of the property to PUD. Based upon the Initial Study, a
24 determination was made that no significant environmental impacts would result.
25 A copy of this notice was published in the Argus-Courier and provided to
26 residents and occupants within 300 feet of the site, in compliance with CEQA
27 requirements.
2s
29 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based
30 upon the evidence it has received and in accordance with the findings made, the City
31 Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as
32 to pre -zone said property herein referred to, in accordance with the recommendation of
33 the Planning Commission.
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Ordinance No. 2193 N.C.S. Page 2
I Section 5. The City Clerk is hereby directed to post this Ordinance for the period and in
2 the 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
5 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
6 competent jurisdiction, such decision shall not affect the validity of the remaining portions
7 of this Ordinance. The City Council of the City of Petaluma hereby declares that it would
8 have passed and adopted this Ordinance and each and all provisions thereof irrespective
9 of the fact that any one or more of said provisions be declared unconstitutional, unlawful
10 or otherwise invalid.
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INTRODUCED and ordered Posted/dished this 20th day of September 2004.
ADOPTED this 4th day of October 2004, by the following vote:
AYES: Mayor Glass, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt
NOES: None
ABSENT: Harris
ATTEST:
&dt-�,u --) tky�
Claire Cooper, Deputy City d4erk
David Glass, Mayor
APPROVED AS TO FORM:
Ordinance No. 2193 N.C.S. Page 3