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HomeMy WebLinkAboutOrdinance 2128 N.C.S. 02/25/2002EFFECTINE? DAM :F � ANC A R12 5 20 2 3 4 5 6 7 8 9 10 ORDINANCE NO.2128 N.C.S. Introduced by Councilmember Pamela Torliatt Seconded by Councilmember Matt Maguire 12 13 PREZONING A 5-ACRE PARCEL, APN 137-070-09, TO R1-6500, TO ALLOW 14 FOR 11 RESIDENTIAL LOTS, AND DEVELOPMENT OF 10 NEW 15 RESIDENCES KNOWN AS BAKER RANCH, LOCATED AT CORONA ROAD 16 AND ELY ROAD 17 18 19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 20 FOLLOWS: 21 22 Section 1. The City Council finds that the Planning Commission filed with the City 23 Council its report set forth in its minutes of November 13, 2001, recommending the 24 adoption of an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by 25 classifying and prezoning certain lands being more particularly described as the 5-acre 26 Assessor's Parcel No. 137-070-09. 27 28 Section 2. The City Council further finds that said Planning Commission held a public 29 hearing on said proposed amendment on November 13, 2001, after giving notice of said 30 hearing, in the manner, for the period, and in the form required by said Ordinance No. 31 1072 N.C.S., as amended. 32 33 Section 3. The City Council held a public hearing on the Baker Ranch proposal on 34 February 4, 2002, after giving notice of said hearing in the manner for the period and in 35 the form required by said Ordinance No. 1072 N.C.S., as amended, and considered all 36 written and verbal communications. Pursuant to the provisions of Zoning Ordinance No. 37 1072 N.C.S., as amended, the City Council finds as follows: 38 39 1. The proposed Prezoning of the Baker Ranch property to RI-6500 is consistent 40 with both the Corona/Ely Specific Plan (adopted 1989) and the Petaluma General 41 Plan, and is in general conformity with the zoning regulations of the City of 42 Petaluma as described in the project staff report. Additionally, the Fire Marshal, 43 Police Department, and the Engineering Division have prepared conditions of 44 approval to address safety issues and design criteria for grading, site 45 improvements and construction of the residences. a 2. The public necessity, convenience and general welfare clearly permit the adoption 3 of the Prezoning in that the zoning designation will result in residential uses that 4 are appropriate and compatible with the existing surrounding uses. The proposed 5 density would be compatible with the surrounding neighborhood, the Petaluma 6 General Plan, and the Corona/Ely Specific Plan. The project plans present a 7 unified and organized arrangement of residential lots and public streets, s appropriate to adjacent and nearby properties. Proposed landscaping would 9 further insure compatibility. The proposed project would also require review and 10 approval by the Site Plan and Architectural Review Committee. 11 12 3. The requirements of the California Environmental Quality Act (CEQA) have been 13 satisfied through the preparation of an Initial Study and the drafting of a Mitigated 14 Negative Declaration to avoid or reduce to a level of insignificance, potential 15 impacts generated by the proposed project. In compliance with the requirements 16 of the California Environmental Quality Act, an Initial Study was prepared for 17 prezoning of the property to R1-6500. Based upon the Initial Study, a 18 determination was made that no significant environmental impacts would result. 19 A copy of this notice was published in the Argus Courier and provided to ao residents and occupants within 300 feet of the site, in compliance with CEQA 21 requirements. 22 23 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based 24 upon the evidence it has received and in accordance with the findings made, the City 25 Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to 26 prezone said property herein referred to, in accordance with the recommendation of the 27 Planning Commission. 28 29 Section 5. The City Clerk is hereby directed to post this Ordinance for the period and in 30 the manner required by the City Charter. 31 32 IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is 33 for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 34 competent jurisdiction, such decision shall not affect the validity of the remaining portions 35 of this Ordinance. The City Council of the City of Petaluma hereby declares that it would 36 have passed and adopted this Ordinance and each and all provisions thereof irrespective of 37 the fact that any one or more of said provisions be declared unconstitutional, unlawful or 38 otherwise invalid. 39 40 INTRODUCED and ordered Posted/Published this 4`h day of February, 2002. 41 42 ADOPTED this 25`h day of February, 2002, by the following vote: 43 44 AYES: Cader-Thompson, Maguire, Moynihan, Torliatt, Mayor Thompson 45 46 NOES: None 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 ABSENT: Vice Mayor Healy ABSTAIN: None ATTEST: vatu4-0 410� Paulette Lyon, Interim dia Clerk E. Clark Thompson, Mayor APPROVED AS TO FORM: