HomeMy WebLinkAboutOrdinances 1971 11/07/1994, ~~~~~~~~~ ~~~~
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ORDINANCE NO. 1971 N.C.S.
Introduced by Councilmember
Parkerson
Seconded by Councilmember
Shea
AN ORDINANCE OF T~IE CITI' OF PETALUMA AMENDING ZONING
ORDINANCE NO. 1072 N.C.S. AS AMENDED, BY RECLASSIFYING AND
REZONING A 16.35 ACitE PARCEL I.OCATEI) AT 1363 MCI)OWELL
~OiJLEVA~ZD NORT~I FROM ML-FPC, I,IGHT INI)USTRIAL FY,OOD PLAIN
COMBINING DISTRICT TO PCD-FPC, PI.ANNEI) COMIVIUNITY FI.OOD PLAIN
COMBINING DISTRICT TO ALLOW TI~E PETALUMA CINEMAS EXPANSION
PItOJECT (AP NO. 007-411-020 ANI) 021)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section L The City Council finds that the Planning Commission filed with the City Council
on October 3, 1994 its report set forth in its minutes of August 9, 1994 recommending the
adoption of an amendment to the Zoning Ordinance No. 1072 N.C.S., as amended, by
reclassifying and rezoning certain lands being more particularly described as Assessor's
Parcel Number 007-411-020 and 021 as shown on "E~ibit A", attached.
Section 2. The City Council further finds that said Planning Commission held a public
hearing on said proposed amendment on August 9, 1994 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.; as amended.
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Ord. 1971 NCS ~g. I 0~~
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Section 3. The City Council further finds that the requirements of the California
Environmental Quality Act have been satisfied through the preparation and certification of
an Environmental Irnpact Report for the Petaluma Cinemas E~ansion Project (certified
approved and adopted by Resolution No. 94-286 N.C.S.) and the adoption of a Resolution
No. 94-287 making specific findings, adopting specific mitigation measures.
Section 4. Pursuant to the Provisions of Zoning Ordinance No. 1072 N.C.S., as amended
the City Council finds as follows:
ltezoning F'indings:
Findin~s for the Rezonin~:
1. That the proposed Petaluma Cinemas expansion is in compliance with the goals and
objectives of the General Plan and is in substantial harmony with the General Plan
of the City of Petaluma, and is or can be coordinated with existing and planned
development of the surrounding areas.
2. That the streets and thoroughfares proposed (McDowell Blvd. North, the extension
of Redwood Way, and surrounding public roads), through conditions of approval,
are or will be suitable and adequate to serve the proposed uses and the anticipated
traffic which will be generated thereby.
3. That the facts submitted with the PCD application and presented through the
preparation of an Environmental Impact Report and during public hearing establish
that:
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Ord. 1971 NCS '4~ ~ a o~ 5
l a., llevelo~~ri~nt of the PCD wi11_ t~e initiate~i within a reasonable period of time
2 for tkte plar~neci fir<t st~g~ of de~~elapm~ent, being the new Petaluma Cinema
3 l~~~il~i~g as refle~t:d ori the ~'lar~ned Community Prograin r~quired by
4 Section 19-302 of the Zoiun~ Ordinance. The development of each building
5 or site, as designated by t~i~ Ylarined Community Program, shall be consistent
6 with said program and shall occur in accordance with Finding 5 below.
7 b. Development of the PCD will be appropriate in area, location and overall
8 planning to the purpose intended; and such development will be in harmony
9 with the character of the surrounding areas, through implementation of
10 mitigation measures set forth in the certified Environmental Impact Report
11 and cc~nformance with Fhe conclitions of approval for the Planned
12 Commu~iity Program, as set forth below:
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14 4. That the public necessity, convenience and general welfare clearly permit the
15 adoption of the proposed zaning amendmerts.
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17 5. That the Planned Community Program, as required by Section 19-302 of the
18 Petaluma Zoning Ordinance shall consisi of the Petaluma Cinemas Expansion
19 Development Plan as approved by the City of Petaluma, subject to specific project
20 review (Conditional Use Permit and Site Plan and Architectural Review) prior to
21 the development of each building or pad as reflected on the Planned Community
22 Program.
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24 6. That all requirements of the California Environmental Quality Act have been
25 adhered to through the preparation and certification of a Final Environmental
26 Impact Report which identified impacts and proposed mitigations to avoid or
27 reduce impacts to a level of insignificance.
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(h~d. 19 71 Ncs ~g . 3 a~ 5
1 7. That the proposed Petaluma Cinemas expansion will provide jobs for Petaluma
2 workers and ta7c revenues for the City b expanding and maintaining diversity in
3 Petaluma's economic base and focussing development efforts on clean, non-
4 polluting industry.
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6 8. That the proposed Petaluma Cinemas expansion will enhance the City's t~
7 revenues by strengthening Petaluma retailing to serve the needs of local residents
8 and encouraging shoppers from outside the community.
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10 IF ANY SEC'ITON, subsection, sentence, clause or phrase or word of this ordinance is for
11 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
12 shall not affect the validity of the remaining portions of this ordinance. The City Council of
13 the City of Petaluma hereby declares that it would have passed and adopted this ordinance
14 and each and all provisions thereof irrespective of the fact that any one or more of said
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provisions be declared unconstitutional.
INTRODUCED and ordered Posted/~~~~~~~ this 17th day of October, 1994.
ADOPTED this 7th day of November, 1994, by the following vote:
AYES: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: None
ABSTAIN:
A ST:
ity er
ordcine / jm3
Ord. 1971 NCS
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