HomeMy WebLinkAboutPlanning Commission Resolution 2015-05 04/28/2015RESOLUTION NO. 2015-05
CITY OF PETALUMA PLANNING COMMISSION
UPHOLDING THE PLANNING DIRECTOR'S DETERMINATION THAT A RELIGIOUS FACILITY
IS A PERMITTED USE AT 3835 CYPRESS DRIVE, SUITE 107 & 108
ASSESSOR'S PARCEL NO. 005-300-007, 005-300-008
File No. PLAP-15-0001
WHEREAS, on December 1, 2015, Village Baptist Church, submitted an application to
amend an approved Conditional Use Permit (CUP) allowing a religious facility at 3835 Cypress
Drive, in the zoning Business Park District ("Application"); and
WHEREAS, on January 14, 2015, public notice of the Application was provided to all
owners and occupants within 500 feet of the project site, and in the Argus -Courier on January
15, 2015; and
WHEREAS, after providing public notice and upon further review of the application, the
Director identified a potential conflict between the City's Implementing Zoning Ordinance
(IZO) and the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal statute
that, requires cities to treat religious uses and similar secular uses on equal terms unless there is
a legitimate regulatory purpose for treating the religious use on less than equal terms (Centro
Familiar Cristiano-Buenas Nuevas v. City of Yuma (2011) 651 F.3d 1163, 1172-1173) ; and
WHEREAS, with respect to the Business Park District in which a Conditional Use Permit
would be required for a religious facility, but a "Club, Lodge, Private Meeting Hall" was
allowed by right, the Director could not identify any legitimate regulatory purpose to justify
treating the two uses differently; and
WHEREAS, in light of similarities between the Application and a Club, Lodge, Private
Meeting Hall and the mandates of RLUIPA, on February 18, 2015, the Director determined that
a Conditional Use Permit amendment was not required and, instead, issued a compatible use
determination under IZO §3.030(D), finding that Application was similar to a Club;
WHEREAS, on March 3, 2015, Sean Marciniak of Miller Starr Regalia, on behalf of other
tenants at 3835 Cypress Drive, submitted an appeal of the Planning Director's determination
("Appeal"); and
WHEREAS, the appeal was received timely and, as required by IZO Section 24.070, states
the pertinent facts, the basis for the appeal, and the relief sought by the appellant of the
Director's Determination; and
WHEREAS, a staff report with attachments, dated April 28, 2015, was prepared in
response to the Appeal and is hereby incorporated by reference; and
WHEREAS, the Planning Commission considered the Appeal at a duly noticed public
hearing on April 28, 2015, as required by IZO Section 24.010.
Planning Commission Resolution No. 2015-05 Page 1
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Petaluma
as follows:
1. Findings: Based on the IZO, staff report and its attachments, presentations by staff, public
comment, and the public hearing, the Planning Commission makes the following findings:
a. The foregoing recitals are true and correct and are incorporated by reference (see
Staff Report, pp. 1-2; Attachment C); and
b. Village Baptist Church submitted an application to use Assessor Parcel Nos. 005-300-
007, 005-300-008 ("Property") as a location to assemble for worship services as its
primary purpose, with proposed special event purposes, such as fundraisers, weddings
and funerals ("Application") (Staff Report, Attachment A, p. 2); and
c. The Property has a land use designation of Business Park, and is zoned Business Park
District (Staff Report, pp. 1-2); and
d. IZO identifies "Religious facility" as an allowable use in Business Park Zoning District,
subject to Conditional Use Permit (IZO, Table 4.4); and
e. The IZO defines a "Religious facility" as a permanent facility operated by a religious
organization exclusively for worship, or the promotion of religious activities, including
accessory uses on the same site. Examples of these types of facilities include churches,
mosques, synagogues, and temples (IZO, Glossary); and
f. "Club, Lodge, Private Meeting Hall" is permitted by right in the Business Park District
(IZO, Table 4.4); and
g. The IZO defines "Club, Lodge, Private Meeting Hall" as permanent, headquarters -type
and meeting facilities for organizations operating on a membership basis for the
promotion of the interests of the members, including facilities for: business associations,
civic, social, and fraternal organizations labor unions and similar organizations, political
organizations, professional membership organizations, and other membership
organizations (IZO, Glossary); and
h. As it relates to the Business Park District, the primary distinction between Religious facility
and a Club, Lodge, Private Meeting Hall as defined in the IZO is that the Religious
facility definition applies to organizations assembling for religious purposes while Club,
Lodge, Private Meeting Hall applies to organizations that gather for non -religious, or
secular purposes (IZO, Glossary, Staff Report, pp.2); and
i. Within the Business Park District, such special event uses, such as fundraisers, weddings,
and funerals are ancillary with the primary uses of both the uses of Religious Facility and
a Club, Lodge, Private Meeting Hall (Staff Report, pp. 5); and
The Application is similar to a Club, Lodge, Private Meeting Hall with respect to type
and intensity of use because: 1) both uses involve assembling groups of members
together to facilitate common interests and 2) the hours of operation and parking are
comparable to that of a club, lodge or private meeting hall (Staff Report, pp. 4); and
k. The Business Park District zone is intended for business and professional office,
technology park clusters, research and development, light industrial operations, and
visitor service establishments (Staff Report, pp. 5); and
Planning Commission Resolution No. 2015-05 Page 2
A visitor service establishment includes a Club, Lodge, Private Meeting Hall as
evidenced by the fact that it is a permitted use in the Business Park District zone (Staff
Report, pp. 5); and
m. The Application is consistent with the purposes of the Business Park District zone
because it serves as a visitor service establishment by serving as a venue in which
people may assemble (Staff Report, pp. 5); and
n. Similar to the associated BP zoning, the Business Park land use designation provides for
professional offices, technology park clusters, and research and development (Staff
Report, 5); and
o. Therefore, the proposed religious facility is consistent with the applicable General Plan
designation of Business Park because it is an allowed use within that designation as well
as Business Park zoning district. (Staff Report, 6); and
p. There is no applicable specific plan that applies to the property (Staff Report, 5); and.
q. The religious facility is compatible with other uses permitted in the Business Park District
such as office, medical services, and multiple recreation, education and public
assembly uses because there is no distinction between the impacts of a Club, Lodge,
Private Meeting Hall and a Religious facility in this zoning district (Staff Report, pp. 6);
and
r. A Club, Lodge, Private Meeting Hall is a permitted use by right in other zoning districts,
but a Religious facility is not a permitted use by right in any of the city's zoning districts
(IZO, Tables 4.1-4.4); and
s. The Religious Land Use and Institutionalized Persons Act (RLUIPA) (42 U.S.C., § 2000cc, et
seq.) requires the City to treat religious institutions similar to other, secular assembly uses
unless the City can demonstrate that treatment on less than equal terms furthers a
legitimate regulatory purpose (Centro Familiar Cristiano-Buenas Nuevas v. City of Yuma
(2011) 651 F.3d 1163, 1172-1173); and
Under RLUIPA, requiring a conditional use permit is on less than equal terms when
compared to allowing a use by right (Centro Familiar Cristiano-Buenas Nuevas v. City
of Yuma (2011) 651 F.3d 1163, 1172-1173); and
u. The record lacks substantial evidence to support a finding that there is compelling
government interest that necessitates treating the proposed religious use differently
from a Club, Lodge, Private Meeting Hall.
2. Based on the foregoing findings, the Planning Commission concludes there is substantial
evidence that the Application is similar to a Club, Lodge, Private Meeting Hall.
3. Pursuant to IZO § 24.070.G.1, the Planning Commission affirms the Director's Determination
that the Application is similar to a Club, Lodge, Private Meeting Hall, and therefore, does
not require a Conditional Use Permit.
To the extent that there is a conflict between this Resolution and the Director's
Determination, the findings and action of this Resolution shall prevail over the Director's
Determination.
Planning Commission Resolution No. 2015-05 Page 3
ADOPTED this 28th day of April, 2015, by the following vote:
Commission Member Aye No Absent
Vice Chair X
Benedetti-Petnic
Gomez X
Chair Lin X
Marzo X
Councilmember X
Barrett
Pierre X
Wolpert X
n- n
Gina Benedetti-Petnic, Vice Chair
Akather
Hes, mmission Secretary
Abstain
APPROVED AS TO FORM:
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-05 Page 4