HomeMy WebLinkAboutOrdinance 1872 N.C.S. 10/21/1991~~
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ORDINANCE NO. 1 s 7 2 N.C.S.
Introduced by Councilman Seconded by Councilman
Michael Davis Brian Sobel
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
AS AMENDED, BY RECLASSIFYING AND REZONING ASSESSOR'S PARCEL
NUMBERS 008-294-5,7,13, AND A PORTION OF 14, FROM R-1-6,500
TO R-C; BOYS AND GIRLS CLUB, APPLICANT
BE IT ORDAINED by the Council for the City of Petaluma as follows:
24 Section 1. The City Council finds that the Planning Commission considered an application
25 by the Petaluma Boys and Girls Club to amend Zoning Ordinance No. 1072 N.C.S., as
26 amended, to reclassify and rezone certain lands on the south side of 8th Street between F
27 and G Streets, during a public hearing on July 23, 1991; after giving notice of said hearing
28 in the manner, for the period, and in the form required by said Ordinance No. 1072 N.C.S.
29 as amended; and
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31 Section 2. The City Council further finds that at said Planning Commission hearing on July
32 23, 1991, a motion to amend the zoning ordinance as requested failed because the motion
33 was not supported by asuper-majority of Commission members; and
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35 Section 3. Pursuant to the provisions of Section 27-600 of Ordinance No. 1072 N.C.S., as
36 amended, the Boys and Girls Club appealed the action of the Commission to deny the
37 proposed rezoning; and the City Council considered the appeal on August 19, 1991 during
38 which time public testimony was heard and considered prior to the Council rendering its
39 decision; and
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41 Section 5. Pursuant to the provisions of Ordinance No. 1072 N.C.S., as amended, the
42 Council moved to revise the proposal and reduce the subject site to include only the vacant
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Ord. 1872 N.C.S.
1 portion of the .Boys and Girls Club parcel(portion of APN 008-294-14) and rezone said
2 portion to R-1-5,000 rather than to RC (Residential Compact), as previously proposed; and
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4 Section 6. The Ordinance to rezone to R-1-5000 failed to gain final approval at the
5 September 3, 1991 meeting, and pursuant to Section 47 of the City Charter, the Council
6 moved to reconsider the Council action to rezone to R-1-5000 and to amend the General
7 Plan land use to "Urban Standard" at the September 16, 1991 meeting; and
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9 Section 7. During the September 16, 1991 meeting additional public testimony was heard
10 and the City Council directed staff to prepare the appropriate draft legislation for a
11 Negative Declaration, General Plan Amendment and Rezoning Ordinance to permit an
12 RC zoning as originally proposed, for adoption and introduction at the October 7, 1991
13 City Council meeting; and
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15 Section 8. Pursuant to the provisions of Ordinance No. 1072 N.C.S., as amended, the City
16 Council finds the following:
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18 Findin s:
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20 1. The proposed Rezoning is in general conformity with the General Plan policies of
21 encouraging infill development and will be consistent with the proposed "Urban
22 Diversified" land use designation.
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24 2. Because the site is adjacent to sites already developed with duplexes, and already
25 zoned Residential Compact (R-C), the proposed change will result in a logical
26 continuation of the higher density residential area.
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28 3. The proposed zoning will allow more flexibility in development design of the vacant
29 portion of the site and the concerns of the neighborhood regarding site design and
30 the nature of future development of the site can be further addressed through Site
31 Plan and Architectural Review Committee (SPARC) and/or Planning Commission
32 review.
4. Public necessity, convenience, and general welfare clearly permit the adoption of
the proposed amendment because restrictions of the current zoning district make
development of the odd shaped site impractical and without the change the land
would remain useless to the community.
5. Although use of both Boys and Girls Club facilities is expected to increase as the
population of the community grows, the development of an alternate Boys and Girls
Club site at Lucchesi Park is expected to reduce existing noise, traffic and parking
problems in the neighborhood, and transfer some of the expected increase in
demand for these services to the Lucchesi site which is better designed to deal with
impacts from larger gatherings.
Ord. 1872 N.C.S.
2
1 Section 9. The City Council further finds that the requirements of California
2 Environmental Quality Act Guidelines, Section 15083, have been satisfied and hereby
3 incorporates by reference the Negative Declaration prepared and approved by Resolution
4 No. 91-258 for the project site.
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6 Section 10. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended,
7 and based upon the evidence it has received and in accordance with the findings made, the
8 City Council hereby adopts amendment to said Zoning Ordinance No. 1072 N.C.S. so as to
9 reclassify and rezone said property herein before referred to; and
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Section 11. The City Clerk is hereby directed to post this Ordinance for the period and
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 of the provisions thereof irrespective of the fact that any one or
more of said provisions be declared unconstitutional.
INTRODUCED and ordered Posted/published this 7th day of October , 1991.
Adopted this 21st day of October , 1991, by the following vote:
AYES: Read, Davis, Cavanagh, Sobel
NOES: Vice Mayor Woolsey
ABSENT: Nelson
ABSTAIN: Mayor Hilligoss
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Ord. 2872 N.C.S.
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