HomeMy WebLinkAboutPlanning Commission Resolution 2014-33 10/28/2014RESOLUTION NO. 2014-33
CITY OF PETALUMA PLANNING COMMISSION
DENYING A ZONING TEXT AMENDMENT TO THE IMPLEMENTING
ZONING ORDINANCE TO ALLOW EXCEPTIONS TO THE PROHIBITION
OF DRIVE-THRU FACILITIES THROUGH DISCRETIONARY REVIEW
FILE NO. 12 -GPA -0236
WHEREAS, Browman Development, Inc., submitted an application for a General Plan
Amendment, Zoning Map Amendment, and Site Plan and Architectural Review for the Lynch
Creek Plaza project which included a drive-thru pharmacy; and
WHEREAS, on May 28, 2013 and July 9, 2013 the City's Planning Commission held duly
noticed public hearings to consider the original project entitlements associated with the
proposed project and including a pharmacy drive-thru facility and recommended denial of the
associated amendment to the General Plan land use designation and corresponding Zoning
Map Amendment largely based on the project's inconsistency with General Plan policy 4-P-12;
and
WHEREAS, on September 9, 2013, the City Council considered the Lynch Creek Plaza
Project and including the Planning Commission's recommendation for denial of the General
Plan Amendment, the Planning Commission's denial of the Zoning Map Amendment, and the
grounds for appeal as submitted by the applicant, and remanded the project to the Planning
Commission for reconsideration with direction to the applicant to eliminate the drive-thru and
make design modifications to improve compatibility with surrounding development; and
WHEREAS, on February 19, 2014, the applicant submitted revised drawings that included
minor design modifications but retained the original drive-thru configuration, conflicting with
direction from the City Council to eliminate the drive-thru; and
WHEREAS, on April 22, 2014 the City's Planning Commission held a duly noticed public
hearing to reconsider the project and again recommended denial of the requested General
Plan Amendment and denied the Zoning Map Amendment with findings siting inconsistency
with General Plan policy 4-P-12; and
WHEREAS, on June 2, 2014 the City Council considered the project and including the
Planning Commission's recommendation for denial of the General Plan Amendment, the
Planning Commission's denial of the Zoning Map Amendment, and the grounds for appeal as
submitted by the applicant, and remanded the project to the Planning Commission with
direction that a modification to General Plan policy 4-P-12 should be included in the project to
allow for the requested drive-thru facility; and
WHEREAS, the applicant submitted application for a General Plan Amendment to modify
General Plan Policy 4-P-12 to allow new pharmacy drive-thru facilities, a Zoning Text Amendment
for the corresponding discretionary review of such new drive-thru facilities, and a Conditional
Use Permit for the project specific drive-thru facility for the proposed Walgreens; and
WHEREAS, the previously prepared and circulated Initial Study and Mitigated Negative
Declaration for the project and associated entitlements was modified to include the expanded
scope and recirculated for public review; and
Planning Commission Resolution No. 2014-33 Page 1
WHEREAS, the City's Planning Commission held a duly noticed public hearing on October
14 to consider the proposed General Plan Amendment to modify Policy 4-P-12 and associated
Zoning Text Amendment to implement the modified General Plan policy, closed the public
hearing and continued the item to October 28, 2014, the next regularly scheduled Planning
Commission meeting, with direction to staff to return with resolutions recommending denial of
the requested entitlement; and
WHEREAS, Implementing Zoning Ordinance Section 25.050.13 allows the Planning
Commission to make a recommendation to the City Council to amend the text of the Zoning
Ordinance if the amendment is consistent with the General Plan and if the amendment is
consistent with the public necessity, convenience and general welfare; and
WHEREAS, on October 28, 2014, at a duly noticed meeting the Planning Commission
heard the continued item.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby denies the
proposed Zoning Text Amendment to allow exceptions to the prohibition of drive-thru facilities
through discretionary review based on the following:
Findings:
a. The Planning Commission recommended to the City Council denial of the
requested General Plan Amendment to modify Policy 4-P-12 to allow exceptions
to the drive -prohibition based on findings outlined in Planning Commission
Resolution 2014-32.
b. The proposed amendment to the Implementing Zoning Ordinance to allow
exceptions to the city's prohibition of new drive-thru facilities is not consistent with
the current General Plan Policy 4-P-12 which prohibits all new food and service
drive-thru facilities.
c. The discretionary review for new drive-thru facilities as outlined in the proposed
Zoning Text Amendment would not adequately mitigate the potential negative
impacts of new drive-thru facilities and does not further Guiding Principles #6 and
#I I of the General Plan to further pedestrian oriented development, foster
sustainable community, and reduce greenhouse gas emissions.
d. The project as proposed includes a pharmacy drive-thru which is inconsistent with
General Plan policy 4-P-12, which prohibits the creation of new drive-thru food
and service establishments and inconsistent with the Planning Commission's
recommendation that the requested General Plan Amendment to modify policy
4-P-12 to allow new drive-thru facilities for pharmacy uses be denied.
e. The project with the pharmacy drive-thru is not needed to provide public
convenience in light of the fact that the public can obtain pharmaceuticals and
other similar health products through online services or stores with delivery
services.
2. The Planning Commission cannot find that the proposed Zoning Text Amendment is
consistent with the current General Plan.
3. The Planning Commission finds the record lacks substantial evidence to support a
finding that the proposed Zoning Map Amendment is consistent with the public
necessity, convenience, and general welfare.
Planning Commission Resolution No. 2014-33 Page 2
4. Therefore, the Planning Commission denies the requested Zoning Text Amendment.
ADOPTED this 28th day of October, 2014, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Benedetti-Petnic
X
Lin
X
Gomez
X
Marzo
X
Councllmember Miller
X
Vice Chair Pierre
X
Chair Wolpert
X
ATTEST:
Z�J'�u
i�
H/Jdfher Hines, Coyffmission Secretary
�- (�Ue-oItiT
Bill Wolpert, Chair
APPROVED AS TO FORM:
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2014-33 Page 3