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HomeMy WebLinkAboutOrdinance 2041 N.C.S. 12/02/1996r 3 4 5 6 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 45 J AN 1 1997 ORDINANCE NO. 2041 N.C.S. Introduced by Councilmember Seconded by Councilmember Nancy Read Carole Barlas AMENDING ZONING ORDINANCE NO. 1072 N.C.S. BY RECLASSIFYING AND REZONING CERTAIN PROPERTY KNOWN AS THE TUXHORN ESTATES SUBDIVISION SITE, TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT 370 SONOMA MOUNTAIN PARKWAY, AP NO. 136-570-017 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 October 8, 1996, its report as set forth in its minutes of October 8, 1996, recommending the adoption of an amendment to Zoning Ordinance No. 1072 N.C.S., by reclassifying and rezoning from Kingsmill/Church of Christ PUD (Planned Unit Development) to Tuxhorn Estates PUD, certain land more particularly described as a 0.97 acre portion of AP No. 136-570-017, consisting of 4.22 acres situated at 370 Sonoma Mountain Parkway. Section 2. The City Council further finds that said Planning Commission held a public hearing on said proposed amendment to Zoning Ordinance No. 1072 N.C.S., on October 8, 1996, after giving notice of said hearing in the manner, for the period and in the form required by Ordinance No. 1072 N.C.S. Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., the City Council finds that the proposed amendment to Zoning Ordinance No. 1072 N.C.S. to reclassify and rezone a 0.97 acre portion of Assessors Parcel No. 136-570-017, known as Tuxhorn Estates, to Planned Unit Development (PUD) District is in general conformity with the Petaluma General Plan. Section 4. The City Council further finds that 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 Tuxhorn Estates site to PUD. Section 5. The City Council further finds that the requirements of the California Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial Study/Mitigated Negative Declaration to avoid or reduce to a level of insignificance, potential impacts generated by the proposed Tuxhorn Estates PUD. ord 2041 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 Section 6. 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 recommendations of the Planning Commission. Section 7. 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/1RNV4 M this 18th day of November 1996. ADOPTED this 2hd day of December , 1996, by the following vote: AYES: Maguire, Hamilton, Barlas, Read, Mayor Hilligoss NOES: None ABSENT: Shea, Vice Mayor Stompe ABSTAIN: None ATTEST: ity Jerk tuxhordl/tp32 `✓ CC//% Mayor Ord. 2041 NCS APPROVED A�S TO FORM: City Attorney Page 2 of 2 2