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HomeMy WebLinkAboutOrdinance 2180 N.C.S. 04/05/2004EFFECTIVE DATE OF ORDINANCE 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 May 5, 2004 Introduced by Council Member Healy ORDINANCE N0.2180 N.C.S. 15 16 1? 18 19 20 Seconded by Mayor Glass REZONING THE PROPERTY AT 945 PETALUMA BOULEVARD NORTH (APN 006-450-018) TO THE PUD-PLANNED UNIT DISTRICT 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 November 25, 2003, recommending the adoption of an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by rezoning certain land being more particularly described as Assessor's Parcel No. 006-450-018 from CH-Highway Commercial to PUD-Planned Unit District. 21 Section 2. The City Council further finds that the Council held a public hearing 22 on said proposed amendment on February 2, 2004 after giving notice of said 23 hearing, in the manner, for the period, and in the form required by said 24 Ordinance No. 1072 N.C.S., as amended. 25 Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as 26 amended, the City Council finds as follows: 27 1. The proposed amendment is in general conformity with the Petaluma 28 General Plan and any applicable plans. 29 The PUD zoning is consistent with the intent of the Mixed Use Land Use 30 Designation and will help the City achieve its goals of providing 31 affordable housing for special needs groups. 32 2. The public necessity, convenience and general welfare require or clearly 33 permit the adoption of the proposed amendment. 34 The PUD zoning will help the City achieve its goals of providing affordable 35 housing for special needs groups. The project site is less than an acre and 36 would not represent a significant loss of commercial property. 37 Section 4. The City Council further finds that the requirements of the California 38 Environmental Quality Act (CEQA) have been satisfied through the preparation 39 of an Initial Study and the drafting of a Mitigated Negative Declaration to avoid 40 or reduce to a level of insignificance, the potential impacts generated by the 41 proposed Boulevard Apartments Planned Unit Development. 42 Section 5. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and 43 based upon the evidence it has received and in accordance with the findings 44 made, the City Council hereby adopts an amendment to said Zoning Ordinance 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 30 31 32 33 34 35 36 37 38 No. 1072 N.C.S., so as to rezone said property herein referred to, in accordance with the recommendation of the Planning Commission. Section 6. The City Clerk is hereby directed to post this Ordinance for the period and in the manner required by the City Charter. IF ANY SECTION, subsection, sentence, clause or phrase or word of the Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions. thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. INTRODUCED and ordered posted/published this 15'" day of March 2004. ADOPTED this 5'h day of April 2004, by the following vote: AYES: Mayor Glass, Healy, Thompson, Torliatt NOES: Harris, Vice Mayor Moynihan, O'Brien ABSENT: None ,~ 1 2l David Glass, Mayor ATTEST: P Gayle Pet rsen, City Clerk APPROVED AS TO FORM: '~ ~. `~ _~ -E' , Richa d R. Rudnansky, City Attorn y