HomeMy WebLinkAboutOrdinance 2343 N.C.S. 09/14/2009EFFECTIVE DATE
OF ORDINANCE
October 14, 2009
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Introduced by
David Babbitt
ORDINANCE N0.2343 N.C.S.
Seconded by
Mike Harris
8 APPROVAL OF REZONING TO A PLANNED UNIT DISTRICT (PUD)
9 FOR THE BIRCHES SUBDIVISION
0 LOCATED AT 870 WOOD SORREL DRIVE, APN 137-061-022
1 PROJECT FILE NO. 05-TSM-0369-CR
WHEREAS, the applicant has applied to rezone property located at 870 Wood Sorrel
Drive, APN 137-061-022 ("the Property") to a Planned Unit District (PUD) and has proposed the
associated Unit Development Plan and PUD Development Standards; and,
WHEREAS, the City of Petaluma Planning Commission held a public hearing on the
proposed amendment on March 24 and May 12, 2009 after giving notice of said hearing, in the
manner, for the period, and in the form required by the City's Implementing Zoning Ordinance;
and,
WHEREAS, the City of Petaluma Planning Commission filed with the City Council its report
set forth in its minutes of May 12, 2009 recommending the adoption of a Rezoning from Planned
Community District (PCD) to Planned Unit District (PUD) along with the adoption of the
associated Unit Development Plan and PUD Development Standards to allow fora 21-unit single-
family subdivision on the vacant 2.2-acre parcel at 870 Wood Sorrel Drive, Assessor's Parcel No.
137-061-022; and,
WHEREAS, on August 3, 2009, in compliance with the California Environmental Quality Act
(CEQA), 14 California Code of Regulations Sections 15000 et seq. (CEQA Guidelines) and the
City of Petaluma Environmental Guidelines, the City Council adopted Resolution No. 2009-136
N.C.S., adopting a mitigated negative declaration of environmental effect for the Project; and,
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. PUD Findings
The City Council finds as follows in support of the Rezoning to Planned Unit District for The Birches,
a 21-Unit Single-Family Subdivision, at 870 Wood Sorrel Drive (the Project):
A. The proposed Amendment to Zoning Ordinance No. 2300 N.C.S.. to amend the Planned
Community District (PCD) zoning district to a Planned Unit District (The Birches PUD) to
Ordinance No. 2343 N.C.S. Page 1
develop the site as a 21-unit single-family subdivision is in general conformity with the
Petaluma General Plan 2025. The proposed 21 residences comply with the 2025 General
Plan land use designation of the site as Medium Density Residential (MDR) which allows a
variety of residential types at a density of 8.1 to 18 dwelling units to the net acre. The
proposed density is compatible with that range, as 12.5 dwelling units to the net acre are
proposed. As the subject 2.2-acre parcel is essentially flat, without native/protected
trees, accessib{e from two public streets, and immediately abutting other single-family
subdivisions, development at this density is appropriate.
The proposed rezoning to PUD is consistent with the Petaluma Interim Zoning Ordinance in
that it incorporates the policies and guidelines of the Planned Unit District Chapter 19 of
the Implementing Zoning Ordinance. The proposed development is planned on a
property which has a suitable relationship to one or more thoroughfares (Wood- Sorrel
and Yarberry Drives), and said thoroughfare with the improvements required; is
adequate to carry the traffic generated by the development. The Project is consistent
with the Zoning Ordinance because it clearly results in a more desirable use of land and
a better physical environment than would be possible under any single zoning district. In
summary, this project is similar to a project that could be developed under the single
zoning district R4. Development under the PUD will result, both now and in the future, in a
project with larger setbacks abutting the existing residents than required by R4 (except at
Lot 4), and therefore development under the PUD appears more compatible with the
existing neighborhood. For the neighborhood, this will result in a better physical
environment than if the parcel were developed under a standard zoning designation.
Furthermore, the additional project details and the additional regulation about future
modifications represent - to the City and specifically to the nearest neighbors -cause for
finding that development of this land under the Birches PUD is more desirable than
development under standard R4 zoning.
C. The public necessity, convenience, and general welfare clearly permit and will be
furthered by the proposed PUD zoning in that the amended zoning designation will result
in single-family housing, a use that is appropriate and compatible with the existing
surrounding uses. The project plans present a unified and organized arrangement of lots
and private streets, appropriate to adjacent and nearby properties. Proposed
landscaping would further ensure compatibility. The proposed project would also require
review and approval by the Site Plan and Architectural Review Committee.
D. The requirements of the California Environmental Quality Act (CEQA) have been satisfied
through the preparation of an Initial Study and the drafting of a Mitigated Negative
Declaration to avoid or reduce to a level of insignificance, potential air quality and noise
impacts generated by the proposed project. In compliance with the requirements of the
California Environmental Quality Act, an Initial Study was prepared for the PUD rezoning
of the property. Based upon the Initial Study, a determination was made that. no
significant environmental impacts would result. A copy of this notice was published in
the Argus-Courier and provided to residents and occupants within 500 feet of the site, in
compliance with CEQA requirements.
Section 2. Severabiliiy
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance, including the application of such part or provision to
other persons or circumstances shall not be affected thereby and shall continue in full force and
effect. To this end, provisions of this ordinance are severable. The City Council hereby declares
Ordinance No. 2343 N.C.S. Page 2
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that it would have passed each section, subsection, subdivision, paragraph, sentence, clause,
or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 3. Effective Date
This ordinance shall become effective thirty (30) days after the date of its adoption by the
Petaluma City Council.
Section 4. Publication
The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the
period and in the manner required by the City Charter.
INTRODUCED and ordered posted/shed this 3~d day of August, 2009.
ADOPTED this 14'h day of September, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
None
None
None
C~.
Claire Cooper, City Clerk
APPROVED AS TCJ FORM:
Eric Danly, City Attorney
Ordinance No. 2343 N.C.S.
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