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HomeMy WebLinkAboutOrdinance 2063 N.C.S. 12/01/1997 - 1 17EC • 31, 1981 2 3 4 5 6 7 8 ORDINANCE NO. 2063 N.C.S. 9 to Introduced by Councilmember Seconded by Councilmember 11 12 Pamela Torliatt Mary Stompe 13 14 AN ORDINANCE OF THE CITY OF PETALUMA AMENDING ZONING 15 ORDINANCE NO. 1072 N.C.S., AS AMENDED, BY RECLASSIFYING AND 16 PREZONING A 2 ACRE PARCEL LOCATED ON THE WEST SIDE OF BANTAM 17 WAY AND EAST OF BODEGA AVENUE; APN 019-070-042 18 19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 20 FOLLOWS: 21 22 Section 1. The City Council Finds that the Planning Commission filed with the City 23 Council on November 17, 1997, its report set forth in its minutes of October 21, 1997 24 (File # ANX97002/PRZ97001/TPM97006) recommending the adoption of an amendment 25 to the Zoning Ordinance No. 1072 N.C.S., as amended, by reclassifying and prezoning 26 certain lands being more particularly described as Assessor's Parcel Number 019-070-042; 27 a 2 acre site west of Bantam Way and east of Bodega Avenue. 28 29 Section 2. The City Council further finds that said Planning Commission held a public 3o hearing on said proposed amendment on October 21, 1997, after giving notice of said 31 hearings, in the manner, for the period and in the form required by said Ordinance No. 32 1072 N.C.S., as amended. 33 34 Section 3. The City Council further finds that the requirements of the California 35 Environmental Quality Act have been satisfied through the preparation of an Initial Study 36 which indicated that the proposed amendment, as mitigated through the adoption of a 37 Mitigated Negative Declaration pursuant to Resolution 97-323 N.C.S. will not result in a 38 significant impact on the environment. 39 4o Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as 41 amended, the City Council finds as follows: 42 43 FindinES for Prezoning to R-I 20,000 District 44 45 1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.5., to classify and 46 rezone Assessor's Parcel No. 019-070-042, known as the Nowak Prezomng 47 project, to R-1 20,000 Single Family Residence District is in general conformity Ord. 2063 NCS Page 1 of 2 1 1 with the Petaluma General Plan because it establishes a residential density and 2 zoning district that is consistent with the Suburban land use designation for the 3 property pursuant to the General Plan Land Use Map. 4 2. The public necessity, convenience and general welfare clearly permit and will be 5 furthered by the proposed Amendment to the Zoning Ordinance, classifying and 6 prezoning the property (APN #019-070-042), because the project, as conditioned, 7 includes established zoning regulations pursuant to Article 6 of the Petaluma 8 Zoning Ordinance No. 1072 NCS appropriate for the protection and promotion of 9 public health, safety, morals, peace, comfort, convenience, prosperity and general 1o welfare of the residents of this development and the general public. 11 3. The requirements of the California Environmental Quality Act (CEQA) have been 12 satisfied through preparation of an Initial Study/Mitigated Negative Declaration to 13 avoid or reduce to a level of insignificance, potential environmental impacts 14 generated by the proposed Nowak Prezoning and Pre-Tentative Parcel Map 15 project. 16 17 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for 18 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 19 shall not affect the validity of the remaining portions of this ordinance. The City Council 20 of the City of Petaluma hereby declares that it would have passed and adopted this 21 ordinance and each and all provisions thereof irrespective of the fact that any one or more 22 of said provisions be declared unconstitutional. 23 24 25 INTRODUCED and ordered Posted/Published this 17th day of November 26 199. 7 27 28 ADOPTED this 1st day of December , 199, by the following vote: 29 30 AYES: Read, Keller, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss 31 32 NOES: None 33 34 ABSENT: None 35 36 ABSTAIN: None 37 , 38 39 4o Mayor 41 42 ATTEST: APPROVED AS TO FORM: 43 44 i~e`r 45 ~~~~itCl~rl~ City Atto ey 46 47 nowprezJhg35 Ord. 2063 NCS Page 2 of 2