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HomeMy WebLinkAboutStaff Report 4.C 7/21/2014DATE: July 21, 2014 Agenda Item #4.0 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Status update for the Lynch Creek Plaza Project RECOMMENDATION It is recommended that the City Council accept an update on processing of the Lynch Creek Plaza Project, including a General Plan Amendment to modify the language of General Plan Policy 4-P-12 to allow discretionary approval to allow new drive-thru facilities for certain services uses. BACKGROUND The proposed Lynch Creek Plaza project was considered by the Planning Commission on two occasions (July 9, 2013 and April 22, 2014). On both occasions, the Planning Commission denied the requested Zoning Map Amendment to modify the zoning from BP to MUIB and recommended denial of the requested General Plan Amendment to modify the Land Use designation from Business Park to Mixed Use. However, at the April 22, 2014, Planning Commission meeting, some of the Commissioners indicated that General Plan Policy 4-P-12 needed to be reevaluated. At that time, the majority of the Commissioners also concluded that they could support the project if it was not in conflict with General Plan Policy 4-P-12. The proposed Lynch Creek Plaza project was considered by the City Council on September 9, 2013, and June 2, 2014. At the recent hearing the majority of the City Council indicated it could support the project, including the drive-thru pharmacy facility if the project's carbon footprint could be significantly reduced. Council asked staff to evaluate General Plan policy 4-P-12 to determine the most advisable approach to allow new pick-up windows for certain service uses that provide community -wide health benefits, demonstrate negligible greenhouse gas effects, and incorporate energy efficient upgrades beyond existing city requirements to further reduce cumulative greenhouse gas emissions. Agenda Review: City Attorney Finance Director City Manager----�— DISCUSSION As currently written, Policy 4-P-12 prohibits all new drive-thru facilities with the only potential exception being for vehicle serving businesses. The policy does not provide flexibility for consideration on a case by case basis or when considered with additional study or analysis. General Plan Policy 4-P-12 Prohibit new drive-thru food and service facilities with the exception of vehicle serving businesses, such as car wash and oil/lube, and limit expansion of the drive-thm components of existing facilities which increase idling vehicles. Discretionary approvals for such facilities shall include provision which decrease or eliminate idling vehicles to the extent feasible and practical In evaluating alternatives that provide a method that can be applied consistently and protects the integrity of the General Plan, Staff believes a General Plan Amendment to modify Policy 4-P-12 is the most appropriate and defensible alternative. Precise language has not been drafted, but conceptually, modification would provide flexibility to approve pick-up windows for a very limited number of service uses that can demonstrate negligible increase in greenhouse gas emissions and which incorporate additional energy efficient measures to further reduce emissions and resulting air quality impacts associated with the project. As envisioned, approval of such new facilities would be with discretionary approval. Existing prohibitions would otherwise be maintained for all other uses. With these limitations, and required documentation of anticipated emissions, staff does not anticipate that this amendment would require significant modifications to the General Plan EIR or mhrimize the importance of this policy in ensuring Petaluma's compliance with applicable air quality plans and policies. Additionally, the General Plan Amendment could be accompanied by a text amendment to the Implementing Zoning Ordinance to outline criteria and limitations such as layout and operational characteristics required for approval of a pick-up window facility. Staff met with the applicant team following the June hearing. As part of that discussion, staff outlined the approach for processing a General Plan Amendment (as opposed to the interpretation process being requested by the applicant). This is the approach the applicant is being directed to take by staff. Staff discussed the applicant's intentions with respect to additional green building improvements, and urged the applicant to incorporate additional green building improvements into the proposed project to better respond to the concerns expressed by several Council members at the June hearing. The applicant has indicated a willingness to explore and research additionally energy saving measures beyond rooftop solar, but at this time has not identified or conmmitted to other specific measures. Staff does not believe this conforms to Council member preferences and has encouraged more specificity of the applicant, if this amendment is to move forward. Staff anticipates the consideration of a General Plan Amendment to modify policy 4-P-12 and any associated zoning text amendment for discretionary approval for the new pick-up window to be processed concurrently with the Lynch Creek Plaza project. These additional entitlements V will modify the project description and necessitate revision to the environmental review and overall project analysis. The revised project would go before the Plamiing Commission for recommendation before returning to the City Council for decision. Assuming significant movement on the applicant's part, with respect to green building improvements, and no other changes in direction requested by the City Council, staff would anticipate bringing this matter back to the Planning Commission in September and to the Council in October. FINANCIAL IMPACTS A General Plan Amendment to modify the language of General Plan Policy 4-P-12 would be added to the list of entitlements being sought by the applicant. The project is a cost recovery project with all costs of processing the application paid by the applicant. The cost recovery account maintains a positive balance.