HomeMy WebLinkAboutOrdinance 2191 N.C.S. 09/20/20041
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EFFECTIVE DATE OF
ORDINANCE
October 20, 2004
Introduced by
Pamela Torliatt
ORDINANCE NO. 2191 N.C.S.
Seconded by
Clark Thompson
REZONING A 31,906 SQUARE FOOT PARCEL, APN 006-216-004, TO PLANNED UNIT
DISTRICT, TO ALLOW FOR 14 RESIDENTIAL LOTS AND A COMMON AREA PARCEL,
AND DEVELOPMENT OF 14 RESIDENTIAL UNITS TO BE LOCATED AT 331 KELLER STREET
WHEREAS, by action taken on May 25, 2004, 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. 2004-170 N.C.S., approving a Mitigated
Negative Declaration to address the specific impacts of the Sweed School Townhouse
rezoning and subdivision; and
WHEREAS, the City Council held a public hearing on the proposed project on
September 13, 2004, 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:
Ordinance No. 2191 N.C.S.
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1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify
and rezone the subject parcel from Garden Apartment Residential (RMG) 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. 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 Phillip Sweed School site to Planned Unit District.
4. 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.
5. 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 Sweed School
Townhouse Planned Unit District.
6. In compliance with the requirements of the California Environmental Quality
Act, an Initial Study was prepared for the rezoning of the site from Garden
Apartment Residential (RMG) 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
Ordinance No. 2191 N.C.S. Page 2
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and provided to residents and occupants within 500 feet of the site, in
compliance with CEQA requirements.
CONDITIONS OF APPROVAL
All conditions adopted in conjunction with the Sweed School Townhouse Tentative
Subdivision Map are herein incorporated by reference as conditions of project approval.
MITIGATION MEASURES
All Mitigation Measures adopted in conjunction with the Sweed School Townhouse
Subdivision and Rezoning Mitigated Negative Declaration which are identified in the
Initial Study for the Sweed School Townhouse Subdivision and Rezoning are herein
incorporated.
INTRODUCED and ordered PGsted¢Published this 13th day of September 2004.
ADOPTED this 20'h day of September 2004, by the following vote:
AYES:
NOES:
ABSENT
Mayor Glass, Harris, Healy, O'Brien,
Thompson, Torliatt
None
None
RECUSED: Vice Mayor Moynihan
ATTEST:
G yle Pe rsen, City Clerk
av
David -.Glass, Mayor
Ordinance No. 2191 N.C.S.
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