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HomeMy WebLinkAboutOrdinances 1947 02/07/1994~; ; 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 Fr.:iia=~~''Ip~.~.^.£9~~t~~~~~ ~~ Y ~ ~~4. ~~3~4~~~5"~' ~~ ~~~~~~~~~~ ~ ~~~~ 9 1994 : ~~,' , ORDINANCE NO. 1947 N.C.S. Introduced by Councilmember Read Seconded by Councilmember Shea AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S. BY RECLASSIFYING AND REZONING APPROXIMATELY 14 ACRES OF ASSESSORS PARCEL NUMBER 137-070-24 TO BE KNOWN AS A PORTION OF AMERICANA SUBDIVISION (GATTI PROPERTY) FROM A(AGRICULTURE) TO PUD (PLANNED UNIT DISTRICT), LOCATED ON ELY ROAD NORTH BETWEEN CORONA ROAD AND SONOMA MOUNTAIN PARKWAY 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 December 14, 1993, its report as set forth in its minutes of December 14, 1993, recommending the adoption of an amendment to Zoning Ordinance No. 1072 N.C.S., by reclassifying and rezoning Assessors Parcel Number 137-070-24 from A to PUD. 33 Section 2. The City Council further finds that said Planning Commission held a public 34 hearing on said proposed amendment to Zoning Ordinance No. 1072 N.C.S., on December 35 14, 1993, after giving notice of said hearing in the manner for the period and in the form 36 required by said Ordinance No. 1072 N.C.S. 37 38 Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S. as amended, 39 the City Council further finds as follows: 40 41 Findin~s for Rezonin~: 42 43 1. The PUD Development Plan, as conditioned, results in a more desirable use of the 44 land, and a better physical environment than would be possible under any single 45 zoning district or combination of zoning districts through provision of inedium 1 ~, :• 1 density, small lot detached single-family housing, with wide and shallow lot 2 configurations. 3 4 2. The plan for the proposed development, as conditioned, presents a unified and 5 organized arrangement of residential buildings which are appropriate in relation to 6 adjacent and nearby rural properties and associated future residential and 7 commercial projects, and adequate landscaping and/or screening is included if 8 necessary to insure compatibility. 9 10 3. The natural and scenic qualities of the site will be protected through the 11 implementation of conditions of approval pertaining to pedestrian circulation, street 12 frontage landscaping, and transition to the adjoining properties. 13 14 4. The development of the subject Americana Subdivision property, in the manner 15 proposed by the applicant and conditioned by the City, will not be detrimental to the 16 public welfare, will be in the best interests of the City, and will be in keeping with 17 the general intent and spirit of the zoning regulations of the City of Petaluma and 18 with the Petaluma General Plan. 19 20 5. The PUD District is proposed on property which has a suitable relationship to one 21 or more thoroughfares (Ely Road/Sonoma Mountain Parkway and Corona Road) 22 to carry any additional traffic generated by the development. 23 24 Section 4. The City Council finds that the requirements of the California Environmental 25 Quality Act have been satisfied through adoption of a Mitigated Negative Declaration of 26 Environmental Impact as set forth under Resolution No. 94-22, adopted January 18, 1994, 27 and that all potential adverse impacts of the project will be avoided or reduced to a level of 28 insignificance through the mitigation measures and conditions adopted with approval of the 29 project. 30 31 Section 5. Pursuant to the provisions of Zoning Ordinance 1072 N.C.S., as amended, and 32 based upon the evidence it has received, and in accordance with the findings made, the City 33 Council hereby adopts amendment to said Zoning Ordinance No. 1072 N.C.S. so as to 34 reclassify and rezone said property herein referred to in accordance with the 35 recommendation of the Planning Commission. 36 Ord. 1947 NCS 2 : , ~ . ~ 1 Section 6. The City Clerk is hereby directed to post this Ordinance, for the period, and in 2 the manner, required by the City Charter. 3 4 Section 7. If any section, subsection, sentence, clause or phrase or word of this ordinance is 5 for any reason held to be unconstitutional by a court of competent jurisdiction, such 6 decision shall not affect the validity of the remaining portions of this ordinance. The City 7 Council of the City of Petaluma hereby declares that it would have passed and adopted this 8 ordinance and each and all provisions thereof irrespective of the fact that any one or more 9 of said provisions be declared unconstitutional. 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 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/~i~ck this 1 sth day of January , 1994 ADOPTED this 7tn day of February , 1994 , by the following vote: AYES: Nelson, Sobel, Hamilton, Shea, Barlas, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ ~'~APP O RM: r~"'"". .. s . ~~ L~~'s'~' ` - ity er ^ ity t orney amerordl/tp7 Ord. 1947 NCS 3