HomeMy WebLinkAboutOrdinance 1853 N.C.S. 05/20/1991'~ ~' ~ ~~~ ~ 9 1991
ORDINANCE NO. 1853 N.C.S.
Introduced by Councilman
Seconded by Councilman
Vice Mayor Cavanagh
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AN ORDINANCE UPHOLDING AN APPEAL OF THE PLANNING COMMISSION
ACTION AND AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY THE PREZONING OF UNINCORPORATED LANDS
048-080-34 and 35, and 048-190-09) FROM PFP-C
(PREZONE~FLOODPLAIN COMBINING), AND FW (FLOODWAY) TO
P.P.C.D. (PREZONE/PLANNED COMMUNITY DISTRICT),
PFP-C AND FW AND REZONING OF ASSESSOR'S PARCEL NUMBERS
007-391-09 AND 35, 007-401-10 AND 048-080-33 FROM LIGHT INDUSTRIAL (M-L)
WITH FLOODPLAIN COMBINING (FP-C) AND FLOODWAY (FW) TO P.C.D.
(PLANNED COMMUNITY DISTRICT), FP-C AND FW, INCORPORATING THE
ABANDONED RAILROAD RIGHT-OF-WAY
(ASSESSOR'S PARCEL NUMBERS 048-080-33 and 007-391-35)
ADJACENT THERETO, FOR THE PROPOSED
RIVER OAKS/PETALUMA FACTORY OUTLET VILLAGE PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. That the City Council finds that the Planning Commission filed with
the City Council on February 4, 1991, its report of its action of June 19 and July 10, 1990,
regarding prezoning certain lands more particularly described as 048-080-34 and 35 and all
of 048-190-09 and rezoning certain lands more particularly described as Assessor's Parcel
Number 007-391-09 and 35, 007-401-10, 048-080-33, 34 and 35 and 048-190-09.
39 Section 2. The City Council further finds that said Planning Commission held
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public hearings on said proposed amendment to Zoning Ordinance No. 1072 N.C.S. on
June 19 and July 10, 1990, after having given notice of said hearings in the manner, for the
42 period and in the form required by said Ordinance No. 1072 N.C.S.
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1 Section 3. The City Council further finds that said Planning Commission action
2 on the prezoning/rezoning request constituted a denial of said request.
3 Section 4. The City Council further finds that the applicants have appealed the
4 decision in accordance with applicable provisions of the Zoning Ordinance (No. 1072
5 N.C.S.); and,
6 Section 5. The City Council further finds that the appeal was considered by the
7 City Council on February 4, 1991, during which time public testimony was heard and
8 considered prior to the Council rendering its decision; and,
9 Section 6. That pursuant to the provisions of the Zoning Ordinance No. 1072
10 N.C.S., the City Council has considered the appeal and hereby upholds said appeal based
11 on the findings set forth herein; and,
12 Section 7. That pursuant to the provisions of the Zoning Ordinance No. 1072
13 N.C.S., the City Council has considered the prezoning/rezoning and further finds as
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16 1. That the River Oaks/Petaluma Factory Outlet Village proposed
17 development, as conditionally approved, is in substantial harmony with the
18 General Plan of the City of Petaluma, and is or can be coordinated with
19 existing and planned development of the surrounding areas.
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21 2. That the streets and thoroughfares proposed (entry to River Oaks across
22 bridge to Petaluma Boulevard North and future north/south collector road),
23 through conditions of approval, are or will be suitable and adequate to serve
24 the proposed uses and the anticipated traffic which. will be generated thereby.
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Ord 1853 NCS
1 3. That the facts submitted with the PCD application and presented through the
2 preparation of a Environmental Impact Report and during public hearings
3 establish that:
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$ A. Development of the PCD will be initiated within a reasonable period
6 of time for the planned first stage of development, being the Petaluma
~ Factory Outlet Village which is designated as Site "A" by the River
g Oaks/Petaluma Factory Outlet Village Master Plan, which plan
q comprises the conditionally approved Planned Community Program
10 required by Section 19-302 of the Zoning Ordinance. The
11 development of Sites "B" and "C", as designated by the Planned
12 Community Program, shall be consistent with said program and shall
13 occur in accordance with Finding 5 below.
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15 B. Development of the PCD will be appropriate in area, location and
16 overall planning to the purpose intended; and such development will
17 be in harmony with the character of the surrounding areas, through
18 implementation of mitigation measures set forth in the certified
19 Environmental Impact Report and conformance with the conditions
20 of approval for the Planned Community Program.
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22 4. That the public necessity, convenience and general welfare clearly permit the
23 adoption of the proposed zoning amendments.
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2$ $. That the Planned Community Program, as required by Section 19-302 of the
26 Petaluma Zoning Ordinance shall consist of the River Oaks/Petaluma
27 Factory Outlet Village Master Plan as conditionally approved by the City of
Ord 1853 NCS
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1 Petaluma, subject to specific project review (environmental, land use and site
2 design as deemed appropriate by the City of Petaluma) prior to each
3 subsequent development proposal for Parcels "B" and "C" as set forth within
4 said Master Plan.
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6 6. That the City Council finds that the apparent intent of the Planning
7 Commission in light of the Commission's actions on the General Plan
8 Amendment and related requests was to have approved said prezoning and
9 rezoning consistent with the General Plan Amendment.
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11 Section 8. That pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S.,
12 and based upon the evidence it has received and in accordance with findings made herein,
13 the Council hereby adopts an amendment to Zoning Ordinance No. 1072 N.C.S., so as to
14 prezone UNINCORPORATED lands (048-080-34 and 35) and all of 048-190-09) from
15 PFP-C (Prezone/floodplain Combining), and FW (Floodway) to P.P.C.D.
16 (Prezone/Planned Community District), PFP-C and FW and rezoning of Assessor's Parcel
17 Numbers 007-391-09, 007-401-10 and 048-080-34 and 35 from Light Industrial (M-L) with
18 Floodplain Combining (FP-C) and Floodway (FW) to P.C.D. (Planned Community
19 District), FP-C and FW, and incorporating the abandoned railroad right-of-way (Assessor's
20 Parcel Numbers 048-080-33 and 007-391-35) adjacent thereto.
21 Section 9. The City Council finds that the requirements of California
22 Environmental Quality Act Guidelines have been satisfied and hereby incorporates by
23 reference the Final Environmental Impact Report certified, approved and adopted by City
24 Council Resolution No. 90-420 on the 17th day of December, 1990.
25 Section 10. The City Clerk is hereby directed to post this Ordinance for the
26 period and in the manner required by the City Charter.
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Ord 1853 NCS
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~1 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
2 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
3 shall not affect the validity of the remaining portions of this ordinance. The City Council of
4 the City of Petaluma hereby declares that it would have passed and adopted this ordinance
5 and each and all provisions thereof irrespective of the fact that any one or more of said
6 provisions be declared unconstitutional.
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INTRODUCED and ordered Posted/Published this 6 day of May , 1991.
ADOPTED this 20 day of gray , 195 ~ , by the following vote:
AYES: Read, Davis, Woolsey, Sobel, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: Ne 1 s on
.ABSENT: o
ABSTAIN: o
A
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Ord 1853 NCS