HomeMy WebLinkAboutOrdinance 2191 N.C.S. 09/20/2004 EFFECTIVE DATE OF
1 ORDINANCE
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3 ®ctober 20, 2004
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6 ORDINANCE NO. 2191 N.C.S.
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10 Introduced by Seconded by
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12 Pamela Torliatt Clark Thompson
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15 REZONING A 31,906 SQUARE FOOT PARCEL, APN 006-216-004, TO PLANNED UNIT
16 DISTRICT, TO ALLOW FOR 14 RESIDENTIAL LOTS AND A COMMON AREA PARCEL,
17 AND DEVELOPMENT OF 14 RESIDENTIAL UNITS TO BE LOCATED AT 331 KELLER STREET
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19 WHEREAS, by action taken on May 25, 2004, the Planning Commission considered
20 the proposal and forwarded a recommendation to the City Council to approve the
21 Rezoning to PUD; and
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23 WHEREAS, the City Council finds that the requirements of the California
24 Environmental Quality Act (CEQA) have been satisfied through the preparation of an
25 Initial Study and adoption of Resolution No. 2004-170 N.C.S., approving a Mitigated
26 Negative Declaration to address the specific impacts of the Sweed School Townhouse
27 rezoning and subdivision; and
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29 WHEREAS, the City Council held a public hearing on the proposed project on
30 September 13, 2004, after giving notice of said hearing, in the manner, for fhe period,
31 and in the form required by Ordinance No. 1072 N.C.S., as amended; and
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33 WHEREAS, the City Council has considered the Rezoning;
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35 NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Rezoning to
36 Planned Unit District subject to the following Findings, Mitigation Measures, and
37 Conditions:
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Ordinance No. 2191 N.C.S. Page 1
1 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify
2 and rezone the subject parcel from Garden Apartment Residential (RMG) to
3 Planned Unit District (PUD) will result in a more desirable use of land and a
4 better physical environment than would be possible under any single zoning
5 district or combination of zoning districts.
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7 2. The proposed uses comply with the Planned Unit District designation, which
8 allows inclusion within its boundaries of a mixture of uses, or unusual density,
9 building intensity, or design characteristics, which would not normally be
10 permitted in a single use district, and to govern the development of
11 residential projects. Additionally, this proposal incorporates the policies and
12 guidelines of the .PUD-Planned Unit District of Article 19A of the Zoning
13 Ordinance.
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15 3. The public necessity, convenience and welfare clearly permit and will be
16 furthered by the proposed Amendment to the Zoning Ordinance, reclassifying
17 and rezoning the Phillip Sweed School site to Planned Unit District.
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19 4. The Planned Unit District Development Guidelines describe permitted and
20 conditional uses as well as those that would not be allowed to be established
21 at this location. This specific list of uses prevents the creation of any nuisance
22 to the existing surrounding uses.
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24 5. The requirements of the California Environmental Quality Act (CEQA) have
25 been satisfied through the preparation of an Initial Study and the drafting of a
26 Mitigated Negative Declaration to avoid or reduce to a level o.f
27 insignificance, potential impacts generated by the proposed Sweed School.
28 Townhouse Planned Unit District.
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30 6. In compliance with the requirements of the California Environmental Quality
31 Act, an Initial Study was prepared for the rezoning of the site from Garden
32 Apartment Residential (RMG) to Planned Unit District (PUD). Based upon the
33 Initial Study, a determination was made that no significant environmental
34 impacts would result. A copy of this notice was published in the Argus-Courier
Ordinance No. 2191 N.C.S. Page 2
1 and provided to residents and occupants within 500 feet of the site, in
2 compliance with CEQA requirements.
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4 CONDITIONS OF APPROVAL
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6 All conditions adopted in conjunction with the Sweed School Townhouse Tentative
7 Subdivision Map are herein incorporated. by reference as conditions of project approval.
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9 MITIGATION MEASURES
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11 All Mitigation Measures adopted in conjunction with the Sweed School Townhouse
12 Subdivision and Rezoning Mitigated Negative Declaration which are identified in the
13 Initial Study for the Sweed School Townhouse Subdivision and Rezoning are herein
14- incorporated.
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16 INTRODUCED and ordered P~ted¢Published this 13'h day of September 2004.
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18 ADOPTED this 20'h day of September 2004, by the following vote:
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21 AYES: Mayor Glass, Harris, Healy, O'Brien,
22 Thompson, Torliatt
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24 NOES: None
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26 ABSENT: None
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28 RECUSED: Vice Mayor Moynihan j.
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31 David_.Glass, Mayor
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35 ATTEST: /'APPROVE
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3 8 .G ~
39 G yle Pe rsen, City Clerk Richard . Rudnansky, City Att
Ordinance No. 2191 N.C.S. Page 3