HomeMy WebLinkAboutOrdinance 2178 N.C.S. 03/15/2004EFFECTIVE DATE OF
ORDINANCE
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ORDINANCE NO. 2178 N.C.S.
April 15, 2004
Introduced by
Council Member Torliatt
Seconded by
Council Member Thompson
REZONING PARCELS TOTALING 40ACRES, APN 017-030-022 AND 017-150-019, FROM
STUDY DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR DEVELOPMENT OF
A RESIDENTIAL PROJECT TO BE KNOWN AS THE SOUTHGATE RESIDENTIAL DEVELOPMENT,
LOCATED AT THE CORNER OF PRATES ROAD AND LAKEVILLE HIGHWAY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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19 Section 1. The City Council finds that the Planning Commission filed with the City
20 Council its report set forth in its minutes of January 27, 2004, recommending the
21 adoption of an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by
22 reclassifying and rezoning certain lands being more particularly described as Assessor's
23 Parcel Nos.. 017-030-022 AND 017-150-019, a 40-acre site located at the corner of Prates
24 Road and Lakeville Highway.
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26 Section 2. The City Council further finds that said Planning Commission held public
27 hearings on said proposed amendment on January 27, 2004, after giving notice of said
28 hearing, in the manner, for the period, and in the form required by said Ordinance No.
29 1072 N.C.S., as amended.
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31 Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended,
32 the City Council finds as follows:
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34 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and
35 rezone the subject parcel from Study District to Planned Unit Development (PUD),
36 will result in a more desirable use of land and a better physical environment than
37 would be possible under any single zoning district or combination of zoning
Ordinance 2178 N.C.S. Page 1
1 districts.
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3 The proposed uses comply with the Urban Diversified land use designation of the
4 General Plan, which allows for residential densities of 5-10 units per acre and
5 invites flexibility in site design and unit type. In addition, this proposal incorporates
6 the policies and guidelines of the Planned Unit Development of Article 19A of the
7 Zoning Ordinance.
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9 2. The public necessity, convenience and welfare clearly permit and will be
10 furthered by the proposed Amendment to the Zoning Ordinance, reclassifying
11 and rezoning the project site to Planned Unit Development.
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13 The PUD Development Standards (as revised) for the Southgate Residential
14 Development identifies permitted and conditional uses allowed within the
15 approved PUD.
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17 3. The requirements of the California Environmental Quality Act (CEQA) have been
18 satisfied through the preparation of an Initial Study and Draft Mitigated Negative
19 Declaration to avoid or reduce to a level of insignificance, potential impacts
20 generated by the proposed Southgate Residential Development.
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22 In compliance with the requirements of the California Environmental Quality Act,
23 an Initial Study was prepared for the Southgate Residential Development. Based
24 upon the Initial Study, a determination was made that no significant
25 environmental effects would result. A copy of this notice was published in the
26 Petaluma Argus-Courier and provided to residents and occupants within 500 feet
27 of the site, in compliance with CEQA requirements.
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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 reclassify and rezone said property herein referred to, in accordance with the
Ordinance 2178 N.C.S. Page 2
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recommendation of the Planning Commission.
Section S. 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 this 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/shed this 1 S' day of March 2004.
ADOPTED this 15'h day of March 2004 by the following vote:
AYES: Mayor Glass, Harris, Vice Mayor Moynihan, Thompson, Torliatt
NOES: None
ABSENT: Healy, O'Brien
ABSTAIN: None
avid Glass, Ma
ATTEST: APPROVED AS TO FORM:
Gayle Pet rsen, City Clerk
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`_ , ~ ~ Q e~
Richar R. Rudnansky, City tt ney
Ordinance 2178 N.C.S.
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