HomeMy WebLinkAboutOrdinance 2146 N.C.S. 03/17/2003.,, ~ - ,
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Introduced by Council Member
ORDINANCE NO. 2146 N.C.S.
Seconded by Council Member
Michael Harris Keith Canevaro
PREZONING OF 15.48 ACRES, APN 048-141-012 AND A PORTION OF 048-132-027,
TO PLANNED UNIT DEVELOPMENT DISTRICT,
TO ALLOW FOR 44 RESIDENTIAL LOTS,
KNOWN AS MAGNOLIA PLACE
1120 MAGNOLIA AVENUE AND 1111 GOSSAGE AVENUE
BE IT ORDAINED BY THE COUNCIL OF TIIE 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 April 9, 2002, recommending the denial of adoption of an
amendment to Zoning Ordinance Section 1072 N.C.S., as amended, to classify and prezone
certain lands being more particularly described as Assessor's Parcel Nos. 048-141-012 and a
portion. of 048-132-027.
Section 2. The City Council further finds that said Planning Commission held a public hearing
on said proposed amendment on April 9, 2002, after giving notice of said hearing, in the manner,
for the period, and in the form required by said Ordinance No. 1072 N.C.S., as amended.
Section 3. The City Council held a public hearing on the Magnolia Place proposal on February 3
and February 24, 2003, after giving notice of said hearing in the manner for the period and in the
form required by said Ordinance No. 1072 N.C.S., as amended, and considered all written and
verbal communications. Pursuant to the provisions of Zoning Ordinance No. 1.072 N.C.S., as
amended, the City Council finds as follows:
1. That the Planned Unit District 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. The Planned Unit District allows the clustering of homes
within the development in order to preserve an 8.94-acre portion of the site for a
neighborhood park, which will allow the City to expand its park acreage and bring it
more into compliance with adopted minimum standards. If developed under county
regulations, the entire parcel could be used for housing, eliminating the potential for
Ordinance 2146 N.C.S.
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1 parkland. The range of lots sizes results in a lessening of development intensity at the
2 edge of the Urban Limit Line.
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4 2. That the proposed rezoning to PUD is consistent with the provisions of Article 19A,
5 Planned Unit District, of the Zoning Ordinance. The applicants submitted the required
6 materials, including a Unit Development Plan and applicable fees, with the application.
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8 3. That the PUD is proposed on property which has a suitable relationship to one or more
9 thoroughfares, and that said thoroughfares are adequate to carry any additional traffic
10 generated by the development. Traffic studies were completed for the project to analyze
11 the potential traffic impacts. It concluded that the traffic generated by the proposed
12 project is expected to have only a minor impact on traffic operation. in the area. Proposed
13 street improvements, including installation of sidewalk and a roundabout at the Magnolia
14 Avenue/Elm Street intersection will have a beneficial impact on Magnolia Avenue
15 vehicular, pedestrian and bicycle traffic.
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17 4. That the proposed project, as conditioned, will not be detrimental to the public welfare,
18 will be in the best interests of the City, and will be in keeping with the general intent and
19 spirit of the zoning regulations of the City and with the General Plan. The project will
20 occur within the City's Sphere of Influence and Urban Limit Line on property slated for
21 development. The developer will dedicate approximately 8.94 acres the City for a
22 neighborhood park and provide a maintenance annuity, helping the City to expand its
23 park acreage and bring it more into compliance with adopted minimum standards. The
24 infrastructure improvements will contribute to the health, safety and welfare of the
25 community.
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27 5. The requirements of the California Environmental Quality Act (CEQA) have been
28 satisfied through the preparation of an Initial Study and the drafting of a Mitigated
29 Negative Declaration to avoid or reduce to a level of insignificance, potential impacts
30 generated by the proposed project. A notice was published in the Argus Courier and
31 provided to residents and occupants within 500 feet of the site, in compliance with CEQA
32 requirements.
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34 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the
35 evidence it has received and in accordance with the findings made, the City Council hereby
36 adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to prezone said property
37 herein referred to.
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39 Section 5. The City Clerk is hereby directed to post this Ordinance for the period and in the
40 manner required by the City Charter.
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42 IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for any
43 reason held to be unconstitutional, tullawful or otherwise invalid by a court of competent
44 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
Ordinance 2146 N.C.S. Page 2
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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.
IN'T'RODUCED and ordered Published this 24t" day of February, 2003.
ADOPTED this 17`'' day of March, 2003, by the following vote:
AYES:. Harris, Canevaro, Healy, Vice Mayor O'Brien
NOES: Mayor Glass, Torliatt
ABSENT: None
ABSTAIN: Moynihan
avid Glass, ayor
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ATTEST:
yle Pet sen, City Clerk
Ordinance 2146 N.C.S.
AS TO FORM:
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