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HomeMy WebLinkAboutOrdinance 2073 N.C.S. 07/13/1998 f Yy Y 1 E~°~~VE AYE: 1 ACE 2 ~ U G 121998 3 4. 5 ORDINANCE NO. 2073 N.C.S. 6 7 Introduced by Councilmember Read Seconded by Councilmember Torliatt 8 9 t 0 REZONING A 5.2 ACRE PARCEL, A PORTION OF APN 1.37-070-075, TO 11 PLANNED UNIT DISTRICT (PUD), TO ALLOW FOR DEVELOPMENT OF 100 12 APARTMENT UNITS, TO BE KNOWN AT THE CAPRI CREEK APARTMENTS, l3 LOCATED SOUTHEAST OF THE TERMINUS RIESLING ROAD 14 IS 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 17 FOLLOWS: 18 19 Section 1. The City Council finds that the Planning Commission filed with the City 20 Council on June 15, 1998, its report set forth in its minutes of May 26, 1998 21 recommending the adoption of an amendment to Zoning Ordinance Section 1072 N.C.S., 22 as amended, by reclassifying and rezoning certain lands being more particularly described 23 as Assessor's Parcel Number 137-070-075, a 5.2 acre site located southeast of the 24 terminus Riesling Road. 25 26 Section 2. The City Council further finds that said Planning Commission held public 27 hearings on said proposed amendment on May 26, 1998 after giving notice of said 28 hearings, in the manner, for the period, and in the form required by said Ordinance No. 29 1072 N.C.S., as amended. 30 3 t Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended, 32 the City Council. finds as follows: 33 34 1. The proposed Amendment to the Zoning Ordinance No. 1072 NCS, to reclassify 35 and rezone Assessors Parcel No. 137-070-075 known as the Capri Creek 36 Apartments, to Planned Unit District (PUD), is in general conformity with the 37 Petaluma General Plan. 38 39 2. The public necessity, convenience and general welfare clearly permit and will be 4o furthered by the proposed Amendment to the Zoning Ordinance, reclassifying and 41 rezoning the Capri Creek Apartment site to PUD. 42 43 3. The requirements of the California Environmental Quality Act (CEQA) have been 44 satisfied through preparation of ari Initial Study/Mitigated Negative Declaration to 1 Ord. 2073 NCS Page 1 of 2 1 avoid or reduce, to a level of insignificance, potential impacts generated by the 2 proposed Capri Creek Apartment PUD. 3 4 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and 5 based upon the evidence it has received and in accordance with the findings made, the 6 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 8 recommendation of the Planning Commission. 9 to Section 5. The City Clerk is hereby directed to post this Ordinance for the period and 11 in the manner required by the City Charter. 12 13 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is 14 for any reason held to 6e unconstitutional by a court of competent jurisdiction, such l s decision shall not affect the validity of the remaining portions of this ordinance. The City 16 Council of the City of Petaluma hereby declares that it would have passed and adopted 17 this ordinance and each and all provisions thereof irrespective of the fact that. any one or 18 more of said provisions be declared unconstitutional.. 19 20 2t INTRODUCED and ordered Posted/litx>~h€this 15th day of June , 22 1998. 23 24 ADOPTED this 13th day of _Jul~ 1998, by the following vote: 25 26 AYES: Keller, Torliatt, Hamilton, Read, Stompe, Mayor Hilligoss 27 28 NOES: None 29 3o ABSENT: Vice Mayor Maguire 3 I ' ~ -4' r 32 ABSTAIN: None i` f rf 35 ° Mayor ~ 36 37 ATTEST: APPROVED AS TO FORM: ~8 ~9 ~ 4o City Clerk Date City Attorney ~ Date 41 42 a:\ed4\rezoning\capriord.doc Ord. 2073 NCS Page 2 of 2 2