HomeMy WebLinkAboutOrdinance 2059 N.C.S. 09/15/1997 fF~~p ®~yp~ys µp~m
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2 OCT 1 5 1997
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6 ORDINANCE NO. 2059 N.C.S.
8 Introduced by Councilmember Seconded by Councilmember
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10 Jane Hamilton Matt Maguire
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13 AN ORDINANCE OF THE CITY OF PETALUMA
14 ADOPTING A NEGATIVE DECLARATION AND AMENDING ZONING
15 ORDINANCE NO. 1072 N.C.S. AS AMENDED,
t6 BY RECLASSIFYING AND REZONING A 16,240 SQUARE FOOT PARCEL
l7 LOCATED AT 117, 119A, 119C, 119D, AND 121 UPHAM STREET
1 s FROM RESIDENTIAL COMPACT (R-C) TO
19 RESIDENTIAL COMPACT (R-C) /HISTORIC OVERLAY (H); APN 008-161-003
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22 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
23 FOLLOWS:
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25 Section 1. The City Council finds that the Planning Commission filed with the City
26 Council on September 2, 1997, its report setting forth its minutes of May 14, 1996
27 recommending the adoption of a Negative Declaration and an amendment to the Zoning
28 Ordinance No. 1072 N.C.S., as amended, by reclassifying and rezoning certain lands
29 being more particularly described as Assessor's Parcel No. 008-161-003; a 16,240 square
3o foot site located at 117, 119A, 119B, 119C, and 121 Upham Street.
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32 Section 2. The City Council further finds that said Planning Commission held public.
33 a hearing on said proposed Negative Declaration and amendment on May 14, 1996, after
34 giving notice of the hearing in the manner, for the period and in the form required by said
35 Ordinance 1072 N.C.S., as amended.
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Ord. 2059 NCS Page 1 of 3
1 Section 3. The City Council further finds that the requirements of the California
2 Environmental Quality Act have been satisfied through the preparation and publication of
3 an Initial Study of the project's potential impacts which found that the project as
4 proposed will not have a significant impact on the environment.
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6 Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S. as
7 amended the City Council finds as follows:
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9 Environmental Findings:
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11 I. On the. basis of the Initial Study, there is no substantial evidence that the project
12 as conditioned would have a significant effect on the environment.
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14 2. Through the Initial Study, Planning staff has evaluated the potential for this
15 project to cause an adverse effect either individually or cumulatively on wildlife
16 resources and there is no evidence that the proposed project would have any
17 potential for adverse effect on wildlife resources because the property is located
18 within an entirely developed neighborhood and will not involve any physical
19 changes to the property or to its use.
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21 Rezoning Findings:
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23 1. The subject property has a number of structures having a special historic
24 architectural and aesthetic interest and value which would qualify it as a Historic
25 District.
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27 2. The proposed amendment is in conformance with the Petaluma General Plan and
28 will help to implement goals, objectives and programs of the General Plan relating
29 to the preservation of Petaluma's historical heritage.
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3 ~ 3. Public necessity, convenience and general welfare require or clearly permit the
32 adoption of the proposed amendment as identified by Section 17-101 of the City's
33 Zoning Ordinance because Uniform Building Codes relating to setbacks from
Ord. 2059 NCS Page 2 of 3
1 buildings to property lines would otherwise require substantial alterations to the
2 exterior walls of the historic structures to accommodate the Tentative Parcel Map,
3 approved July 10, 1996.
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5 4. Any future development or alterations to the property shall be subject to the
6 provisions of the Oakhill Brewster Historic District Design Guidelines.
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8 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is
9 for any reason held to be unconstitutional by a court of competent jurisdiction, such
0 decision shall not affect the validity of the remaining portions of this ordinance. The City
1 i Council of the City of Petaluma hereby declares that it would have passed and adopted
12 this ordinance and each and all provisions thereof irrespective of the fact that any one or
13 more of said provisions be declared unconstitutional.
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16 INTRODUCED and ordered Posted this 2nd day of Septermber, 1997.
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18 ADOPTED this 15th day of September, 1997, by the following vote:
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20 AYES: Read, Keller, Torliatt, Maguire, Vice Mayor llamilton, Mayor Hilligoss
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22 NOES: None
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24 ABSENT: Stompe
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26 ABSTAIN: '
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29 ~ Mayor
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31 ATTEST: APPROVED AS TO FORM:
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34 City Clerk City Attorney
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Ord. 2059 NCS Page 3 of 3
Recording.Requested'By
City. Clerk.
City of Petaluma
P. Q: Box- 61
P- etaluma~ CA 94953
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NOTICE OF DESIGNATION AS HISTORIC LANDMARK
ParcehDeseription:llZ 11~ 119C, 119D and 121 il_pham Street
Petaluma, California
AP 008-161-003.
Property Owner: LOUISE KAYER & ASSOCIATES
T25 Upham. Street
Petaluma GA 94952
On September 15', 1992, ,pursuant to Article 17 -'.Preservation ofahe Cultural and Historic
Environment of Zoning Ordinance 1072 NCS, the City Council. of the City of Petaluma
adopted Ordinance 2059 NCS designating the above location ari historic landmark. All
such sites are subject: to historic. preservatiori~ guidelines adopted by the City of Petaluma
from time to time: Any future development or alterations'to the property shall be subject
to the provisions of the Oakhill' Brewster Historic District Design Guidelines.
Notice of historic designation is hereby filed with the County Recorder by Patricia. E.
.Bernard, City Clerk of'the. City ofPetaluma.
Notice dated: Januar~28, .19.98.,
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atricia E. Berriard, City Clerk. -
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