HomeMy WebLinkAboutOrdinance 2127 N.C.S. 01/28/2002 r " 9
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MAR 2 5 2002
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2 ORDINANCE N0.2127
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4 Introduced by Councilmember Seconded by Councilmember
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7 Matt Maguire Mike Healy
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10 REZONING A 2.5-ACRE SITE, APN 007-121-006, 007-121-007, 007-121-008, 007-121-
11 009, 007-121-010, 007-121-011, 007-121-012, 007-121-013, and 007-121-017
12 FROM CC-CENTRAL COMMERCIAL. TO PUD-PLANNED UNIT DISTRICT FOR
13 THE FOR THE DOWNTOWN RIVER APARTMENTS (EDEN HOUSING) PROJECT
14 TO BE LOCATED AT 3 THROUGH 39 EAST WASIEIINGTON STREET (ACROSS
15 FROM THE GOLDEN EAGLE SHOPPING CENTER)
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17 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 Council its
20 report set forth in its minutes of December 11, 2001, recommending the adoption of an
21 amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by reclassifying and
22 rezoning certain lands being more particularly described as Assessor's Parcel No. 007-121-006,
23 007-121-007, 007-121-008, 007-121-009, 007-121-010, 007-121-011, 007-121-012, 007-121-
24 013, and 007-121-017 from CC-Central Commercial to PUD-Planned Unit District for the
25 Downtown River Apartments (Eden Housing) project to be located at 3 through 39 East
26 Washington Street (across from the Golden Eagle Shopping Center).
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28 Section 2. The City Council further finds that said Planning Commission held a public hearing
29 on said proposed amendment on December 1 1, 2001, after giving notice of said hearing, in the
30 manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S., as
31 amended.
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33 Section 3. Pursuant to the provisions. of Zoning Ordinance No. 1072 N.C.S., as amended, the
34 City Council finds as follows:
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36 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and rezone
37 the subject property from CC-Central Commercial to PUD-Planned Unit District will
38 result in a more desirable use of land a better physical environment than would be
39 possible under any single zoning district or combination of zoning districts.
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41 The proposed uses comply with the Mixed Use General Plan designation, which allows
42 for a combination of residential, commercial or retail uses on one parcel. Additionally,
43 this proposal incorporates the policies and guidelines of the PUD-Planned Unit District of
44 Article 19A of the Zoning Ordinance.
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46 2. The public necessity, convenience and welfare clearly permit and will be furthered by the
47 proposed Amendment to the Zoning Ordinance, reclassifying and rezoning the
48 Downtown River Apartment project (Eden Housing) site to Planned Unit District.
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Ord. 2127 NCS PAGE 1 of 3
1 The Planned Unit District Guidelines/Development Standards describe permitted and
2 conditional uses as well as allows for a reduced parking ratio, which would not otherwise
3 be allowed to be established at this location. The reduced parking ratio allows an
4 opportunity for this mixed-use development. to occur, given lot constraints and in order to
5 meet zero net f 11 requirements.
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7 3. The requirements of the California Environmental Quality Act (CEQA) have been
8 satisfied through the preparation of an Initial Study and the drafting of a Mitigated
9 Negative Declaration to avoid or reduce to a level of insignificance, potential impacts
10 generated by the proposed Downtown River Apartments (Eden Housing) Planned
11 Community District.
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13 In compliance with the requirements of the California Environmental Quality Act, an
14 Initial .Study was prepared for the rezoning of the site from CC-Community Commercial
15 to PUD-Planned Unit District. Based upon the Initial Study, a determination was made
16 that no significant environmental effects would result. A copy of this notice was
17 published in the Arius Courier and provided to residents and occupants within 500 feet
18 of the site, in compliance with CEQA requirements.
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20 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the
21 evidence it has received and in accordance with the findings made, the City Council hereby
22 adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to reclassify and rezone
23 said property herein referred to, in accordance with the recommendation of the Planning
24 Commission.
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26 Section 5. The City Clerk is hereby directed to post this Ordinance for the period and in the
27 manner required by the City Charter.
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29 IF ANY SECTION, subsection, sentence, clause or phrase or word of the Ordinance is for any
30 reason held to be unconstitutional, unlawful. or otherwise invalid by a court of competent
31 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
32 The City Council of the City of Petaluma hereby declares that it would have passed and adopted
33 this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of
34 said provisions be declared unconstitutional, unlawful or otherwise invalid.
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36 INTRODUCED and ordered ~~st~c~/Published this 28th day of January, 2002
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38 ADOPTED this 25th day of February , 2002, by the following vote:
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40 AYES: O'Brien,Torliatt, Cader-Thompson, Maguire, Mayor Thompson.
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42 NOES: Moynihan
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44 ABSENT: Vice Mayor Healy
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46 ABSTAIN: ~
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49 Mayor
50 Ord. 2127 NCS Page 2 of 3
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1 ATTEST: APPROVED
AS~TO FORM:
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5 City Clerk ~ ~ City Attorn
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Ord. 2127 NCS Page 3 of
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