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HomeMy WebLinkAboutOrdinance 2073 N.C.S. 07/13/19981 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 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. 2073 N.C.S. Introduced by Councilmember Read Seconded by Councilmember Torhatt REZONING A 5.2 ACRE PARCEL, A PORTION OF APN 137-070-075, TO PLANNED UNIT DISTRICT (PUD), TO ALLOW FOR DEVELOPMENT OF 100 APARTMENT UNITS, TO BE KNOWN AT THE CAPRI CREEK APARTMENTS, LOCATED SOUTHEAST OF THE TERMINUS RIESLING ROAD 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 on June 15, 1998, its report set forth in its minutes of May 26, 1998 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 Number 137-070-075, a 5.2 acre site located southeast of the terminus Riesling Road. Section 2. The City Council further finds that said Planning Commission held public hearings on said proposed amendment on May 26, 1998 after giving notice of said hearings, 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 the Zoning Ordinance No. 1072 NCS, to reclassify and rezone Assessors Parcel No. 137-070-075 known as the Capri Creek Apartments, to Planned Unit District (PUD), is in general conformity with the Petaluma General Plan. 2. The public necessity, convenience and general welfare clearly permit and will be furthered by the proposed Amendment to the Zoning Ordinance, reclassifying and rezoning the Capri Creek Apartment site to PUD. 3. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through preparation of an Initial Study/Mitigated Negative Declaration to Ord. 2073 NCS Page 1 of 2 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 32 33 34 35 36 37 38 39 40 41 42 avoid or reduce, to a level of insignificance, potential impacts generated by the proposed Capri Creek Apartment PUD. 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 this ordinance is for any reason held to be unconstitutional 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. INTRODUCED and ordered Posted/IiKkk this 15th day of June 1998. ADOPTED this 13th day of _July , 1998, by the following vote: AYES: Keller, Torliatt, Hamilton, Read, Stompe, Mayor Hilligoss NOES: None ABSENT: Vice Mayor Maguire ABSTAIN: None ATTEST: City Clerk Date a:\ed4\rezon ing\capriord.doc Ord. 2073 NCS 2 APPROVED AS TO FORM: City Attorney Date Page 2 of 2