HomeMy WebLinkAboutOrdinance 2026 N.C.S. 08/19/19961
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EFFECTi9/E DACE
~~ ORDI~fAPiCE
SEP i 8 1996
®12I~INANCE N®. 2026 N.C.S.
Introduced by Councilman
Lori Shea
Seconded by Councilman
Nancv Read
AN ORDINANCE UPHOLDING AN APPEAL OF THE PLANNING COMMISSION
DECISION TO DENY PREZONING OF THE 96 ACRE CROSS CREEK
SUBDIVISION SITE, AP NO. 017-050-001, TO THE PLANNED UNIT
DEVELOPMENT (PUD) AND AGRICULTURE (A) ZONING DISTRICTS
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 May 28, 1996, its report as set forth in its minutes of October 24, 1995,
November 28, 1995, April 9, 1996, and May 28, 1996, recommending denial of a request
for amendment to Zoning Ordinance No. 1072 N_C.S., to prezone to Planned Unit
Development (47.5 acres) and to Agriculture (48.5 acres), AP No. 017-050-001, a 96 acre
site consisting of unincorporated lands situated northeast of the intersection of Casa
Grande Road and Ely Blvd. So..
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 24, 1995, November 28, 1995, April 9, 1996, and May 28, 1996, 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.
Section 3. The City Council further finds that the applicant, Mardel LLC,
appropriately filed an appeal of the Planning Commission denial of the proposed Zoning
Ordinance amendment, and that all reports and communications were forwarded to the
City Council and considered at its duly noticed public hearing on the matter on July 1,
1996.
Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., the City
Council finds that amendment to Zoning Ordinance No 1072 N.C.S., to prezone AP No.
Ord. 2026 NCS Page 1 of 3
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1 017-050-001 known as Cross Creek Subdivision, to Planned Unit Development (PUD)
2 and Agriculture (A) is in general conformity with the Petaluma General Plan.
4 Section 5. The public necessity, convenience and general welfare clearly permit and
5 will be furthered by said amendment to the Zoning Ordinance, to prezone the Cross
6 Creek Subdivision site to PUD and A.
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8 Section 6. The requirements of the California Environmental Quality Act (CEQA)
9 have been satisfied through preparation of an Initial Study and adoption of a Mitigated
10 Negative Declaration as set forth in Resolution No. 96-178 N.C.S. to avoid or reduce to
11 a level of insignificance, potential impacts generated by the proposed Cross Creek
12 Subdivision.
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14 Section 7. The portion of Adobe Creek traversing the site has previously been
15 prezoned to Floodplain Combining District (FPC).
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17 Section 8. Pursuant to the provisions of Zoning Ordinance No 1072 N.C.S., and
18 based upon the evidence it has received and in accordance with the findings made, the
19 City Council hereby upholds the appeal of the Planning Commission decision, and adopts
20 an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to prezone to Planned
21 Unit district (PUD) 50 acres, and to Agricultural (A) 46 acres of said property herein
22 referred to as the Cross Creek Subdivision site.
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24 Section 9. The City Council further finds, pursuant to the testimony received to date
25 on the Cross Creek proposal, that development of the site should be limited to detached
26 single family homes in typical arrangements (no courtyard or quad-lot configurations).
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28 Section 10. The City Council further finds that the development of the site should be
29 limited to no more than 205 homes.
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31 Section 11. The City Clerk is hereby directed to post this Ordinance for the period and
32 in the manner required by the City Charter.
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34 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is
35 for any reason held to be unconstitutional by a court of competent jurisdiction, such
36 decision shall not. affect the validity of the remaining portions of this ordinance. The City
37 Council of the City of Petaluma hereby declares that it would have passed and adopted
38 this ordinance and each and all provisions thereof irrespective of the fact that any one or
39 more of said provisions be declared unconstitutional.
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41 INTRODUCED and ordered Posted/.~~Iii-this 5th day of August ,
42 1996.
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ADOPTED this 19th day of August , 1996, by the following vote:
AYES: Maguire, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss
NOES: Hamilton
ABSENT: None
ABSTAIN: Barlas _ ~~ '
-= ~ Mayor
ATTES APPROVED AS TO FORM:
~ ~~~~~
City Clerk City Attorne° y
crosord 1 /tp23
Ord. 2026 NCS
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