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HomeMy WebLinkAboutOrdinances 1959 08/01/1994~t ~ `~~ Z 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 ~ F3 ~ ~~~ ~ ~~I' ~ ~ ~~ vi''s.n ~ti ~~~~~6"`e:~~5~v S E P ~ ~~~~ 1959 ORDINANCE NO._N.C.S. Introduced by Councilmember Ross Parkerson Seconded by Councilmember Carole Barlas AN ORDINANCE OF THE CITY OF PETALUMA AMENDING ZONING ORDINANCE NO. 1072 N.C.S. AS AMENDED, BY RECLASSIFYING AND REZONING A 13 + ACRE PARCEL WITHIN THE CORONA ELY SPECIFIC PLAN AREA FROM AGRICULTURAL DISTRICT "A° TO PLANNED UNIT DISTRICT "PUD° TO ALLOW THE DEVELOPMENT OF 45 SINGLE FAMILY RESIDENTIAL LOTS KNOWN AS LIBERTY FARMS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 29 Section 1. The City Council finds that the Planning Commission filed with the City Council 30 on July 18, 1994 its report set forth in its minutes of June 28, 1994 (File REZ94003) 31 recommending the adoption of an amendment to the Zoning Ordinance No. 1072 N.C.S., 32 as amended, by reclassifying and rezoning certain lands being more particularly described 33 as Assessor's Parcel Number 137-060-079 as shown on "Exhibit A", attached. 34 35 Section 2. The City Council further finds that said Planning Commission held a public 36 hearing on said proposed amendment on June 28, 1994, after giving notice of said hearings, 37 in the manner, for the period and in the form required by said Ordinance No. 1072 N.C.S.; 38 as amended. 39 40 Section 3. The City Council further finds that the requirements of the California 41 Environmental Quality Act have been satisfied through the preparation and certification of 42 an Environmental Impact Report for the Corona Ely Specific Plan (Certified approved and 43 adopted by Resolution No. 89-122 N.C.S.) and pursuant to section 15182 of the CEQA 44 guidelines, no further environmental review is necessary. 45 1 Ord. 1959 NCS n ' t 1 Seetion 4. Pursuant to the Provisions of Zoning Ordinance No. 1072 N.C.S., as amended 2 the City Council finds as follows: 3 4 Rezoning F'indin~s: 5 6 1. The development plan as conditioned results in a more desirable use of the land and 7 a better physical environment than would be possible under any single zoning 8 district by allowing the construction of large single family units with substantial area 9 of landscaping along the creek in a separate open space parcel. 10 11 2. The plan for the proposed development, as conditioned, presents a unified and 12 organized arrangement of buildings which are appropriate in relation to nearby 13 properties and the PUD plan will be reviewed by SPARC to insure compatibility. 14 15 3. The development of the Liberty Farms property in the manner proposed by the 16 applicant, and as conditioned by the City, will not be detrimental to the public 17 welfare, will be in the best interest of the City, and will be in keeping with the 18 general intent and spirit of the Corona/Ely Specific Plan, the Zoning Regulations 19 and the General Plan of the City of Petaluma. 20 21 4. The circulation pattern of the proposed Planned Unit Development Plan has been 22 reviewed in the context of the development of the adjacent Colabianchi, Corona 23 Creek, Matelli and Chiosi properties, and has been designed to be compatible with 24 the adjacent circulation patterns. Cumulative traffic impacts from the development 25 of the Corona/Ely area have been addressed and mitigated through the 26 implementation of the Corona/Ely Specific Plan. 27 2 Ord. 1959 NCS n • ! 1 S. 'The proposed project has complied with the requirements of CEQA pursuant to 2 Section 15182 of the Guidelines, through preparation and certification of the EIR 3 for the Corona/Ely Specific Plan on May 1st, 1989 (Resolution No. 89-123 N.C.S.), 4 which addressed the potential environmental impacts associated with the 5 development of the Liberty Farms parcel, and no further environmental analysis is 6 necessary. 7 8 6. Allowing the maintenance road on the southeast side of "Stonehenge Way" to 9 function as the pedestrian sidewalk within the Corona Creek flood corridor will be 10 consistent with the purpose of the flood control corridor and will improve access to 11 the creek. The reduction in creek corridor width by 5' will not negatively impact the 12 hydrology of the creek corridor. The purpose of the corridor is to mitigate the loss 13 of open space and mitigate the biological impacts of the Corona/Ely Specific Plan. 14 15 7. The natural and scenic qualities of the site will be protected through the 16 improvement, dedication and preservation of the Corona Creek corridor in 17 conformance with the Corona/Ely Specific Plan. T'he development plan provides 18 for adequate public open space along the creek and adequate private open space in 19 the individual front and rear yards. 20 21 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for 22 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 23 shall not affect the validity of the remaining portions of this ordinance. The City Council of 24 the City of Petaluma hereby declares that it would ha~e passed and adopted this ordinance 25 and each and all provisions thereof irrespective of the fact that any one or more of said 26 provisions be declared unconstitutional. 27 3 Ord. 1959 NCS , ~ 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED and ordered Posted~~i~~~c this 18th ,T~~~~ , 1994. ADOPTED this of August 1 , 1994, by the following vote: AYES: Read, HaMILTON, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: parkerson, Barlas ABSTAIN: None ATT ST: ity er libtyrez/hg12 day of .. , ayor ~ ...,\ ` ~. _ ._......_. _.,...___ e .~ i`~ APPROVEDy~~ FO~M: ty~Attorney 4 Ord. 1959 NCS