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HomeMy WebLinkAboutOrdinance 2087 N.C.S. 04/19/1999 i ~3 . 1 MAY 191999 2 3 ORDINANCE N0.208'~ N.C.S. 4 5 6 Introduced by Councilmember Seconded by Councilmember 7 Matt Maguire Vice Mayor David Keller 8 9 ' 10 REZONING A 1.9 ACRE PARCEL 11 LOCATED AT 1197 EAST WASHINGTON STREET, APN 007-361-022, 12 FROM R-1, 6,500 ONE FAMILY RESIDENTIAL ZONING, TO PLANNED UNIT 13 DISTRICT (PUD) AND PLANNED UNIT DISTRIC 14 TO ESTABLISH A BUSINESS PARK 15 16 17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 18 19 Section 1. The City Council finds that the Planning Commission filed with the City Council on 20 April 5, 1999, its report set forth in its minutes of January 12 and February 23, 1999; forwarding 21 a recommendation to the City Council to adopt a rezoning of a 1.9 acre parcel, APN 007-361- 22 022, located at 1197 East Washington Street, from R-1, 6,500 One Family Residential Zoning to 23 Planned Unit District, PUD. 24 25 Section 2. The City Council further finds that the Planning Commission held a public hearing on 26 the proposed rezoning on January 12, 1999 and February 23, 1999 after giving notice of said 27 hearing, in the manner, for the period, and in the form required by said Ordinance No. 1072 28 N.C.S., as amended. 29 30 Section 3. The. City Council further finds that the requirements of the California Environmental 31 Quality Act (CEQA) have been satisfied through the preparation of an Initial Study, and, by 32 Resolution 99-85 NCS, has adopted a. Mitigated Negative Declaration for the project, finding 3'3 that there is no substantial evidence that significant impacts to the environment would occur. 34 35 Section 4. The City Council has reviewed the proposed rezoning and, and in accordance with the 36 recommendation of the Planning Commission, does hereby find: 37 Ord. 2087 NCS Page 1 of 3 1 1 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to classify and 2 rezone a 1.9 acre parcel, Assessor's Parcel Number 007-361-022, to be known as 3 the Martin Historic Plaza, to Planned Unit District (PUD) is in general conformity 4 with the Petaluma General Plan. 5 6 The proposed professional uses comply with the Mixed-Use General Plan 7 designation which allows a combination of residential, commercial or retail uses 8 on one parcel. Additionally, this proposal incorporates the policies and guidelines 9 of the Planned Unit District of Article 19A of the Zoning Ordinance. 10 11 2. The public necessity, convenience and general welfare clearly permit and will be 12 furthered by the proposed Amendment to the Zoning Ordinance, reclassifying and 13 rezoning the Martin Historic Plaza site to PUD. 14 15 The Planned Unit District Design Guidelines describe permitted and conditional 16 uses as well as those uses which would not be allowed to be established at this 17 location. This list of uses prevents the creation of any nuisance to the existing 18 adjacent commercial and residential uses. 19 20 3. The requirements of the California Environmental Quality Act (CEQA) have been 21 satisfied through the preparation of an Initial Study/Mitigated Negative 22 Declaration to avoid or reduce to a level of insignificance, potential impacts 23 generated by the proposed Martin Historic Plaza PUD. 24 25 In compliance with the requirements of the California Environmental .Quality Act, 26 an Initial Study was prepared for the rezoning of the site from R-1 6,500 One 27 Family District to Planned Unit District. Based upon the Initial Study, a 28 determination was made that with the incorporation of mitigation measures, no 29 significant environmental effects would result. A Notice of Intent to adopt a 30 Mitigated Negative Declaration was prepared. A copy of this Notice was 31 published in the Argus Courier and provided to residents and occupants within 32 300 ft. of the site, in compliance with CEQA requirements. Ord. 20~ Page 'd, of 3 1 2 Section 5. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the 3 evidence it has received and in accordance with the findings made, the City Council hereby 4 adopts the Rezoning for APN 007-361-022 from R-l, 6,500 One Family Residential Zoning to 5 Planned Unit District (PUD). 6 7 Section 6. The City Clerk is hereby directed to post this Ordinance for the period and in the 8 manner required bythe City Charter. 9 10 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any 11 reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent 12 jurisdiction, such decision shall not affect the validity of the remaining portions of this 13 ordinance. The City Council of the City of Petaluma hereby declares that it would have passed 14 and adopted this ordinance acid each and all provisions thereof irrespective of the fact that any 15 one or more of said provisions be declared unconstitutional, unlawful, or otherwise invalid. INTRODUCED and ordered Posted/l~~rlas)~this 5th day of April 1999. ADOPTED this .19th day of April , 1999, by the following vote: AYES: Healy, Torliatt, Cader-Thomppon, Maguire, Vice Mayor Keller, Mayor Thompson NOES: None ABSENT: Hamilton ABSTAIN: None ayor E. Clark Thompson ATTEST: APPR D AS O FORMS: 7 atricia .Bernard, City Clerk chard Rudnansky, City tome Ord. 2087 NCS Page 3 of 3