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HomeMy WebLinkAboutOrdinance 2041 N.C.S. 12/02/1996 Y r ~ ~~VC 1 JAN 1 1997 2 3 4 ORDINANCE NO. 2041 N.C.S. 5 6 Introduced by Councilmember Seconded by Councilmember 7 8 Nancy Read Carole Barlas 9 10 11 AMENDING ZONING ORDINANCE NO. 1072 N.C.S. BY RECLASSIFYING AND 12 REZONING CERTAIN PROPERTY KNOWN AS THE TUXHORN ESTATES 13 SUBDIVISION SITE, TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT 14 370 SONOMA MOUNTAIN PARKWAY, AP NO. 136-570-017 15 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 October 8, 1996, its report as set forth in its minutes of October 8, 1996, 21 recommending the adoption of an amendment to Zoning Ordinance No. 1072 N.C.S., by 22 reclassifying and rezoning from Kingsmill/Church of Christ PUD (Planned Unit 23 Development) to Tuxhorn Estates PUD, certain land more particularly described as a 0.97 24 acre portion of AP No. 136-.570-017, consisting of 4.22 acres situated at 370 Sonoma 25 Mountain Parkway. 26 27 Section 2. The City Council further finds that said Planning Commission held a 28 public hearing on said proposed amendment to Zoning Ordinance No. 1072 N.C.S., on 29 October 8, 1996, after giving notice of said hearing in the manner, for the period and in 30 the form required by Ordinance No. 1072 N.C.S. 31 32 Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., the City 33 Council finds that the proposed amendment to Zoning Ordinance No. 1072 N.C.S. to 34 reclassify and rezone a 0.97 acre portion of Assessors Parcel No. 136-570-017, known as 35 Tuxhorn Estates, to Planned Unit Development (PUD) District is in general conformity 36 with the Petaluma General Plan. 37 38 Section 4. The City Council further finds that the public necessity, convenience and 39 general welfare clearly permit and will be furthered by the proposed amendment to the 40 Zoning Ordinance, reclassifying and rezoning the Tuxhorn Estates site to PUD. 41 42 Section 5. The City Council further finds that the requirements of the California 43 Environmental Quality Act (CEQA) have been satisfied through the preparation of an 44 Initial Study/Mitigated Negative Declaration to avoid or reduce to a level of 45 insignificance, potential impacts generated by the proposed Tuxhorn Estates PUD. ord 2041 Page 1 of 2 1 1 2 Section 6. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and 3 based upon the evidence it has received and in accordance with the findings made, the 4 City Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so 5 as to reclassify and rezone said property herein referred to, in accordance with the 6 recommendations of the Planning Commission. 7 8 Section 7. The City Clerk is hereby directed to post this Ordinance for the period and 9 in the manner required by the City Charter. 10 11 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is 12 for any reason held to be unconstitutional by a court of competent jurisdiction, such 13 decision shall not affect the validity of the remaining portions of this ordinance. The City 14 Council of the City of Petaluma hereby declares that it would have passed and adopted 15 this ordinance and each and all provisions thereof irrespective of the fact that any one or 16 more of said provisions be declared unconstitutional. 17 18 INTRODUCED and ordered Posted/1~~iI~~~ this 18th day of November 19 1996. 20 21 ADOPTED this 2nd day of December , 1996, by the following vote: 22 23 AYES: Maguire, Hamilton, Barlas, Read, Mayor Hilligoss 24 25 NOES: None 26 27 ABSENT: Shea, Vice Mayor Stompe 28 29 ABSTAIN: None ~ ~ . 32 ~ Ma or Y 33 34 ATTEST: APPROVED AS TO FORM: 35 37 ity Jerk City Attorney 38 39 40 tuxhordl/tp32 Ord. 2041 NCS Page 2 of 2 2 i