HomeMy WebLinkAboutOrdinance 2508 N.C.S. 08/04/20141
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EFFECTIVE DATE ORDINANCE NO. 2508 N.C.S.
OF ORDINANCE
September 4, 2014
I
Introduced by Seconded by
Mike Healy Kathy Miller
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING
MAP CONTAINED IN SECTION 2 OF THE SMARTCODE AND THE ZONING MAP CONTAINED
IN IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C. S. FOR THE
RIVERFRONT MIXED USE DEVELOPMENT
APN 136-010-027
FILE NUMBER 11 -TSM -0130
WHEREAS, Basin Street Properties submitted an application for a Zoning Map Amendment
and Tentative Subdivision Map for the Riverfront Mixed Development (File No.: 11 -TSM -0130)
allowing for the future development of up to 273 residential units, 90,000 square feet of
commercial space, a 120 -room hotel, approximately four acres of on-site parks, and a system of
multi -use trails located at 500 Hopper Street ("the Project" or the "proposed Project"); and,
WHEREAS, the Project is subject to the Central Petaluma Specific Plan ("CPSP") which
was approved by the City Council on June 2, 2003 and is implemented through zoning provisions
in Appendix A, the SmartCode, adopted on June 16, 2003 and amended on July 1, 2013; and,
WHEREAS, the Project remains subject to the 2003 SmartCode until July 1, 2019, because
it was deemed complete before the Amended SmartCode was adopted, except that it is
subject to the administrative procedures/warrants section of the Amended SmartCode, and is
subject to the Amendment procedures in Chapter 25 of the Implementing Zoning Ordinance
since amendments are not addressed in the SmartCode; and,
WHEREAS, the Project proposes to rezone the 35.7 acre development area from the
existing conceptual boundary area zoning of Urban Center (T-5), Urban Core (T-6) and Civic
Space (CS) to permanent zoning of General Urban (T-4), Urban Center (T-5), Urban Core (T-6)
and Civic Space (CS), as shown on attached Exhibit 1 which is incorporated herein by
reference; and,
WHEREAS, the City prepared a Draft Environmental Impact Report ("EIR") to assess the
potential environmental effects of the Project, including the rezoning, and the Draft EIR was
circulated for public review and the City prepared a Final EIR providing written responses to
comments received during the public review period (the Draft and Final EIRS are collectively
referred to as the EIR); and
WHEREAS, a staff report, dated June 24, 2014 described and analyzed the Final EIR and
the Project for the Planning Commission reviewed conformity of the Project, including the
rezoning, with General Plan 2025 and the CPSP and recommended approval of the Project (the
Ordinance No. 2508 N.C.S.
Page 1
staff report is incorporated herein by reference and available for public review in the Planning
Department at City Hall during normal business hours); and,
WHEREAS the Planning Commission held a duly noticed public hearing at which time all
interested parties had the opportunity to be heard, and following the public hearing, the
Planning Commission adopted Resolution 2014-15 recommending certification of the Final EIR,
Resolution 2014-16 recommending adoption of the proposed zoning amendments, and
Resolution 2014-17 recommending approval of the Tentative Subdivision Map, which resolutions
are incorporated herein by reference and available for public review in the Planning Division at
City Hall during normal business hours; and,
WHEREAS, the proposed rezoning would require amendments to the zoning maps in the
Central Petaluma Specific Plan SmortCode and the Implementing Zoning Ordinance; and,
WHEREAS, as described in the staff report, the proposed amendments to the zoning
maps are consistent with the General Plan 2025 and the Central Petaluma Specific Plan; and,
WHEREAS, the existing zoning shown within the Conceptual Area Boundary of the CPSP is
conceptual and only for the purposes of determining recommended zoning designations and
street layout, and is not intended to provide a detailed plan for future development in this area
and the proposed rezoning would establish permanent zoning for the Project site and would
provide the basis for developing the proposed mixed use community through the Tentative
Subdivision Map and future Site Plan and Architectural Review permits for individual components
on the Tentative Subdivision Map lots; and,
WHEREAS, on July 21, 2014, the City Council considered the CEQA evaluation for the
Project and certified the Environmental Impact Report and Mitigation Monitoring and Reporting
Program, in accordance with the California Environmental Quality Act and the City of Petaluma
Environmental Guidelines; and
WHEREAS, on July 21, 2014, the City Council held a duly noticed public hearing to
consider the proposed Zoning Amendment; and,
WHEREAS, the City Council hereby finds as follows:
A. The proposed amendments to the Zoning Maps and rezone of the property located
at 500 Hopper Street (APN 136-010-027) to T-4, T-5, T-6, and CS are in conformance with the
General Plan 2025 and implement the Mixed Use land designation. Additionally, the
amendments are in conformance with the Central Petaluma Specific Plan and implement the
vision of mixed use development and pedestrian friendly neighborhood character envisioned in
the Central Petaluma Specific Plan.
B. The proposed rezoning is consistent with the public necessity, convenience, and
general welfare in that it would allow development of the Riverfront Mixed -Use Development,
which is an appropriate implementation of the Central Petaluma Specific Plan. As further
described in the staff report, the Project provides a compatible and complementary mix of uses
on an infill site with an extensive network of sidewalks, multi -use paths, and a new bus shelter
nearby. These improvements provide convenient and effective bicycling, walking and transit
alternatives to automobile travel within and around the Project site. Zoning standards would be
implemented through the Tentative Subdivision Map to establish the infrastructure necessary to
provide public services and to support the Project as a walkable community. The zoning
standards would be further implemented through future Site Plan and Architectural Review
permits to ensure that each future structure, park or other improvement is an attractive element
that integrates with the rest of the community both on- and off-site. Through the proposed
Ordinance No. 2508 N.C.S. Page 2
public parks, trails and paths, and the linear Riverfront Park, the Project provides public access to
the river while also providing protections to the river environment.
C. The City Council finds that an Environmental Impact Report and Mitigation Monitoring
and Reporting Program for this project have been prepared, circulated and adopted by the
City Council in accordance with State Law.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The Zoning Map contained in the Implementing Zoning Ordinance and
SmartCode is hereby amended to modify the zoning districts of the property located at 500
Hopper Street (APN 136-010-027) from Urban Center (T-5), Urban Core (T-6) and Civic Space (CS)
to permanent zoning of General Urban (T-4), Urban Center (T-5), Urban Core (T-6) and Civic
Space (CS) as shown in Exhibit 1, based on the findings made above.
Section 2. Severability. 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 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. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4. Posting / Publishing of Notice. 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/published this 21st day of July, 2014.
ADOPTED this 41h day of August, 2014 by the following vote:
Ayes:
Albertson, Harris, Healy, Vice Mayor Kearney, Miller
Noes:
Barrett, Mayor Glass
Abstain:
None
Absent:
None
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
L_
Claire Cooper, CMC, City Clerk U Eric W. Danly, Cit ttorney
Ordinance No. 2508 N.C.S. Page 3
Exhibit 1
ZONING MAP DIAGRAM
ZONING MAP AMENDMENT
FOR THE
RIVERFRONT PROJECT
LOCATED WITHIN THE CONCEPTUAL AREA BOUNDARY OF THE CENTRAL
PETALUMA SPECIFIC PLAN
Ordinance No. 2508 N.C.S. Page 4