HomeMy WebLinkAboutOrdinance 2127 N.C.S. 01/28/2002U ,, tKI,
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MAR 2 5 2002
ORDINANCE NO.2127
Introduced by Councilmember Seconded by Councilmember
Matt Maguire Mike Healy
REZONING A 2.5-ACRE SITE, APN 007-121-006, 007-121-007, 007-121-008, 007-121-
009, 007-121-010, 007-121-011, 007-121-012, 007-121-013, and 007-121-017
FROM CC -CENTRAL COMMERCIAL. TO PUD-PLANNED UNIT DISTRICT FOR
THE FOR THE DOWNTOWN RIVER APARTMENTS (EDEN HOUSING) PROJECT
TO BE LOCATED AT 3 THROUGH 39 EAST WASHINGTON STREET (ACROSS
FROM THE GOLDEN EAGLE SHOPPING CENTER)
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 December 11, 2001, recommending the adoption of an
amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by reclassifying and
rezoning certain lands being more particularly described as Assessor's Parcel No. 007-121-006,
007-121-007, 007-121-008, 007-121-009, 007-121-010, 007-121-011, 007-121-012, 007-121-
013, and 007-121-017 from CC -Central Commercial to PUD-Planned Unit District for the
Downtown River Apartments (Eden Housing) project to be located at 3 through 39 East
Washington Street (across from the Golden Eagle Shopping Center).
Section 2. The City Council further finds that said Planning Commission held a public hearing
on said proposed amendment on December 11, 2001, 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. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended, the
City Council finds as follows:
1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and rezone
the subject property from CC -Central Commercial to PUD-Planned Unit District will
result in a more desirable use of land a better physical environment than would be
possible under any single zoning district or combination of zoning districts.
The proposed uses comply with the Mixed Use General Plan designation, which allows
for a combination of residential, commercial or retail uses on one parcel. Additionally,
this proposal incorporates the policies and guidelines of the PUD-Planned Unit District of
Article 19A of the Zoning Ordinance.
2. The public necessity, convenience and welfare clearly permit and will be furthered by the
proposed Amendment to the Zoning Ordinance, reclassifying and rezoning the
Downtown River Apartment project (Eden Housing) site to Planned Unit District.
Ord. 2127 NCS PAGE 1 of 3
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The Planned Unit District Guidelines/Development Standards describe permitted and
conditional uses as well as allows for a reduced parking ratio, which would not otherwise
be allowed to be established at this location. The reduced parking ratio allows an
opportunity for this mixed -use development to occur, given lot constraints and in order to
meet zero net fill requirements.
3. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the preparation of an Initial Study and the drafting of a Mitigated
Negative Declaration to avoid or reduce to a level of insignificance, potential impacts
generated by the proposed Downtown River Apartments (Eden Housing) Planned
Community District.
In compliance with the requirements of the California Environmental Quality Act, an
Initial Study was prepared for the rezoning of the site from CC -Community Commercial
to PUD-Planned Unit District. Based upon the Initial Study, a determination was made
that no significant environmental effects would result. A copy of this notice was
published in the Argus Courier and provided to residents and occupants within 500 feet
of the site, in compliance with CEQA requirements.
Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the
evidence it has received and in accordance with the findings made, the City Council hereby
adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to reclassify and rezone
said property herein referred to, in accordance with the recommendation of the Planning
Commission.
Section 5. 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, unlawfulor 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 P�5A&FPublished this 28th day of January, 2002
ADOPTED this 25th day of February , 2002, by the following vote:
AYES:O'Brien,Torliatt, Cader-Thompson, Maguire, Mayor Thompson
NOES: Moynihan
ABSENT: Vice Mayor Healy
ABSTAIN:
i
Mayor
Ord. 2127 NCS
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ATTEST:
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Ord. 2127 NCS Page 3 of