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HomeMy WebLinkAboutOrdinance 1868 N.C.S. 10/07/19916fFECTIVE DATEI OF ORDINANCE.. Nov 6 199 °~ ORDINANCE NO. 1868 N.C.S. Introduced by Councilman Bonnie Nelson Seconded by Councilman Vice Mayor Lynn Woolsey AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S. AS AMENDED, BY RECLASSIFYING AND REZONING A PORTION OF ASSESSOR'S PARCEL N0.008-294-14, FROM R-1-6,500 TO R-1-5,000; 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 30 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 34 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 38 39 Section 4. Pursuant to the provisions of Ordinance No. 1072 N.C.S., as amended, the City 40 Council considered the appeal on August 19, 1991 during which time public testimony was 41 heard and considered prior to the Council rendering its decision; and 42 1 Ord. 1868 N.C.S. i~ 1 Section 5. Pursuant to the provisions of Ordinance No. 1072 N.C.S., as amended, the 2 Council moved to revise the proposal and reduce the subject site to include only the vacant 3 portion of the Boys and Girls Club parcel(portion of APN #008-294-14}; and 4 5 Section 6. Pursuant to the provisions of Ordinance No. 1072 N.C.S., as amended, the 6 Council moved to revise the proposal and rezone said portion of AP NO. 008-294-14 from 7 R-1-6,500 to R-1-5,000 rather than to RC (Residential Compact), as previously proposed; 8 and 9 10 Section 7. Pursuant to the provisions of Ordinance No. 1072 N.C.S., as amended, the City 11 Council finds the following: 12 13 Findin s 14 1. The proposed Rezoning is in general conformity with the General Plan and will be 15 consistent with the proposed "Urban Standard" land use designation. 16 17 2. Because the site is adjacent to sites already developed with duplexes, the proposed 18 change will result in a logical continuation of a higher density residential area 19 although not so high as to overcrowd the site. 20 21 3. The proposed zoning will allow more flexibility in development design of the vacant 22 portion of the site. 23 24 4. Public necessity, convenience, and general welfare clearly permit the adoption of 25 the proposed amendment. 26 27 Section 9. The City Council further finds that the requirements of California 28 Environmental Quality Act Guidelines, Section 15083, have been satisfied and hereby 29 incorporates by reference the Negative Declaration prepared and approved by Resolution 30 No. 91-258 for the project site. 31 32 Section 10. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended; 33 and based upon the evidence it has received and in accordance with the findings made, the 34 City Council hereby adopts amendment to said Zoning Ordinance No. 1072 N.C.S. so as to 35 reclassify and rezone said property herein before referred to, as revised by the City 36 Council; and Ord. 1868 N.C.S. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 R~~/published this 19th day of August .1991. Adopted this day 7th of October , 1991, by the following vote: AYES: None NOES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey ABSENT: Mayor Hilligoss ABSTAIN: DEFEATED ordB&G / dd-1 APPR ~, ATTEST: City Clerk ~~Pl~~'~' C9`~Y ~~~~®~ Vice ayor Ord. 1868 N.C.S. 3