HomeMy WebLinkAboutPlanning Commission Resolution 2014-34 10/28/2014RESOLUTION NO. 2014-34
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL DENY A GENERAL PLAN AMENDMENT
TO CHANGE THE LAND USE DESIGNATION FROM BUSINESS PARK TO
MIXED USE FOR THE LYNCH CREEK PLAZA SITE LOCATED AT THE
CORNER OF NORTH MCDOWELL BOULEVARD AND LYNCH CREEK WAY
APN 007-380-007
FILE NO. 12 -GPA -0236
WHEREAS, Browman Development, Inc., submitted an application for a General Plan
Amendment to change the land use designation of the project site located at the corner of
North McDowell Boulevard and Lynch Creek Way (APN 007-380-007) from Business Park to Mixed
Use; and
WHEREAS, on May 28, 2013 and July 9, 2013 the City's Planning Commission held duly
noticed public hearings to consider the requested General Plan amendment and
recommended denial of the requested amendment; and
WHEREAS, on September 9, 2013, the City Council considered the Lynch Creek Plaza
project, including General Plan Amendment and Zoning Map Amendment, and the Planning
Commission's recommendation 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, the applicant requested City Council reconsideration of the drive-thru during
general public comment at the Council's January 2, 2014, meeting; and
WHEREAS, at their January 2, 2014, meeting the City Council did not agendize a
reconsideration of the matter on a subsequent meeting agenda and reiterated the direction
provided at the September 9, 2013, City Council meeting; 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 proposed General Plan amendment and recommended denial of the
requested amendment; and
WHEREAS, on June 2, 2014 the City Council considered the Planning Commission's
recommendation and remanded the project back 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
Planning Commission Resolution No. 2014-34 Page 1
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 of the application and recirculated for public review; and
WHEREAS, the City's Planning Commission held a duly noticed public hearing on October
14, 2014 to reconsider the proposed General Plan Amendment, 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, Government Code section 65358 allows the City to amend the General Plan if
is deemed to be in the public interest; 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 recommends
that the City Council deny the proposed General Plan Amendment to change the General Plan
Land Use designation of the subject parcel (APN 007-380-007) from Business Park to Mixed Use
based on the following:
1. Findings:
a. The proposed project as shown on revised plans does not represent a mixed use
development consistent with the intent of the requested Mixed Use land use
designation in that it is designed as an auto oriented commercial center. Minimal
modifications to the proposed project throughout the review process have not
substantially changed the design or character of the project and have not
presented a pedestrian oriented proposal consistent with description of the Mixed
Use land use designation.
b. The proposed project is not consistent with Guiding Principle #6 of the General
Plan in that it does not increase alternative transportation choices or minimize
auto dependency.
c. The proposed project does not offer unique or innovative design features or offer
sustainable design principles to minimize environmental impacts or foster a
sustainable community and therefore is not consistent with Guiding Principle # 1 1
of the General Plan.
d. Current office vacancy rates as presented do not present a compelling reason
for amending the General Plan in that the vacancy rate has substantially
decreased since the inception of the proposed project and the project site offers
a unique opportunity for medical office use in the existing medical office
neighborhood and across the street from the Petaluma Valley Hospital.
e. A modest pharmacy use associated with medical office uses similar to what is
already found along Lynch Creek Drive could be permitted under the existing
Business Park land use designation as accessory retail and therefore a
modification to the land use designation is not a wholesale requirement in order
to allow a pharmacy use at the project location.
2. The Planning Commission finds the proposed use of the project site as a pharmacy
does not present a compelling reason or identify a clear public interest to amend the
Planning Commission Resolution No. 2014-34 Page 2
General Plan given that there are several other existing pharmacies in the general
area.
3. Therefore, the Planning Commission cannot find that the proposed General Plan
Amendment is deemed to be in the public interest and recommends that the City
Council deny the requested General Plan amendment.
ADOPTED this 281h day of October, 2014, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Benedetti-Petnic
X
Lin
X
Gomez
X
Marzo
X
Councilmember Miller
X
Vice Chair Pierre
X
Chair Wolpert
X
ATTEST:
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H Other Hines, Cd�nmission Secretary
Bill Wolpert, Chair
APPROVED AS TO FORM:
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Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2014-34 Page 3