HomeMy WebLinkAboutStaff Report 6.B 09/21/2015Agenda Item #6.B
DATE: September 21, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Heather Hines, Planning Manager
SUBJECT: Introduction of an Ordinance amending the Implementing Zoning Ordinance,
Ordinance, Ordinance No. 2300 N.C.S., Section 4.020(L) pertaining to the intent
of the MU1A Zone and approving a Zoning Map Amendment to rezone the
property located at 307 Bodega Avenue from Mixed Use 1C (MU1C) to Mixed
Use IA (MU1A).
RECOMMENDATION
It is recommended that the City Council introduce an Ordinance Amending the Implementing
Zoning Ordinance, Ordinance No. 2300 N.C.S. Section 4.02(L), Pertaining to the Intent of the
MUTA Zone and the Zoning Map Contained in the Implementing Zoning Ordinance to Change
Zoning of the Property located at 307 Bodega Avenue from Mixed Use 1C (MU1C) to Mixed
Use lA (MU1A).
BACKGROUND
Project Description
The applicant is requesting to change the site's Zoning Map designation of Mixed -Use 1C
(MU1C) to Mixed -Use lA (MUTA). The purpose of the request is to expand the permitted land
uses at the project site. No change in applicable development standards (e.g., building height,
setbacks, density) would result under the request. The project site is already developed with a
one-story commercial building and adjoining gravel parking lot. No new development is
proposed.
In association with the rezone request, staff recommends changes to Implementing Zoning
Ordinance §4.020(L) which describes the intent and location of areas zoned MUTA. The
Planning Commission slightly modified staff's proposed text change, as described below.
Planning Commission
On August 11, 2015, the Planning Commission considered this request at a noticed public
hearing. The Planning Commission unanimously approved (6-0, Pierre absent) a resolution
recommending that the City Council adopt an Ordinance approving the Zoning Map and Text
Amendment (Attachment 2, 3).
The Zoning Text Amendment, as recommended by Planning Commission, clarified the intent of
the MUTA zone as, "This zone is applied to parcels located along corridors such as East
Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street esrridor-s."
(Text changes are denoted as underline = addition; kethreugh = deletion)
The Planning Commission staff report and meeting minutes are included as Attachment 3.
Community Input
On June 25, 2015, prior to the Planning Commission hearing, the applicant held a community
meeting at the project site. Mailed notice was provided in advance of the meeting to owners and
occupants within 500 feet of the site. Planning Division staff also attended the neighborhood
meeting and answered questions related to the procedural aspects of the application.
Approximately eight (8) neighbors attended the meeting with no opposition expressed.
At the Planning Commission hearing on August 11, 2015, two neighbors spoke in support of the
project. One written comment was submitted in opposition (Attachment 4).
DISCUSSION
Zoning Map Amendment
For the Mixed Use 1 (MU1) District, the Implementing Zoning Ordinance (IZO) provides three
subcategories (i.e., A, B, C) for permitted uses. IZO §4.020 (Purpose of Established Zones)
defines the MUl Zone as follows,
"MUTA, MI1B, MU1C (Mixed Use 1) zone. The MUl zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent
to the Downtown Core, and in other areas of the city where existing auto -oriented
commercial areas are intended for improvement into pedestrian -oriented mixed use
development. The MU1 zone is consistent with and implements the Mixed Use land use
classification of the General Plan, which establishes a maximum floor area ratio of 2.5 for
both residential and non-residential uses within the classification, and a maximum density of
30 units per acre for residential.
• Mixed Use 1A zone. This zone is applied to parcels located along the East Washington
Street, Petaluma Boulevard North and Lakeville Street corridors. The parcels in these
zones vary in size and are typically located adjacent to residential zones.
• Mixed Use 1B zone. This zone is applied to larger parcels located primarily along major
arterial roadways. The larger parcel size should allow for a mix of uses on the site.
• Mixed Use 1C zone. This zone is applied to smaller parcels located in West Petaluma.
Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited.
For each MU1 subcategory (i.e., A, B, C), IZO Table 4.3 provides a different range of permitted
land uses with the same development standards (e.g., building height, setbacks, etc.) applying to
all. Attachment 5 includes IZO Table 4.3 with the current and proposed land uses identified. In
terms of number of uses, the project site's current zoning of MU1C permits, less than half (i.e.,
21 vs. 56) the number of uses permitted in the proposed zoning (MUTA). Two common
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pedestrian oriented uses, general retail and personal services, are currently prohibited. Many of
the differences in permitted use types are nuanced and best reviewed at Attachment 5.
Staff Analysis
In its review of this application, staff focused its analysis on the merits of continuing to apply the
land uses limitations of the MU1C at the project site. Key considerations reviewed include: (a)
the project site's zoning history; (b) its context compared to other MUIC zoned parcels; and (c)
whether permitted uses in the MUTA zone would result in potential neighborhood
incompatibilities.
a) Zoning History - From 1962 to 2008, the Zoning Map provided a Neighborhood
Commercial (CN) designation to the project site. Permitted uses during that timeframe
(under the prior Zoning Ordinance) included "any local retail business or service
establishment," "restaurant, cafe, or soda fountain (excluding fast-food restaurants)," and
"commercial parking lots."
The 2025 Petaluma General Plan was approved in 2008. Concurrent with the plan update,
the City also pursued a comprehensive update to its development regulations. While
budget shortfalls have delayed that effort, the City did, concurrent with the General Plan,
adopt the current Implementing Zoning Ordinance as a temporary measure to address
policy consistency issues.
f` With the current Implementing Zoning Ordinance adoption in 2008, the project site
became subject to a prohibition on retail uses, and restaurants currently require a
conditional use permit.
b) Site Context - The building at the project site was designed to accommodate retail and/or
service uses. The first commercial use was Caulfield's Market, a grocery store/butcher.
The building is placed at the back -of -sidewalk with an at -grade entrance, has a shop front
with display windows for merchandise, and has an open floor plan with no internal
dividing walls. The sidewalk at the building frontage is approximate twelve (12) feet
wide. The on-site parking lot accommodates one (1) space per eighty-eight (88) square
feet of floor area. Bodega Avenue and Baker Street also provide on -street parking.
Bodega Avenue, a designated major arterial, is the primary interface between the project
site and surrounding properties. During traffic counts in October 2014, Bodega Avenue
carried between 12,483 and 13,422 average daily trips (ADT). This traffic volume is
considerably higher than, for example, the 5,114 ADT at the MUI C zoned parcels at
Western Avenue/Fair Street. These volumes indicate residential properties nearby the
project site are already accustomed to more vehicle traffic and noise than occurs at other
MUl C properties which are located off a major arterial.
The existing building at the project site is comparable in floor area to residences in the
neighborhood. This implies the project site would accommodate neighborhood serving
commercial uses at an intensity not incompatible with nearby residences.
c) MUTA Zone: Permitted Uses - After review of permitted uses in the MU1A Zone
(Attachment 5), staff could not identify a by -right use that, considering the site and its
3
context, would inevitably result in a neighborhood incompatibility. Rather, as built, the
project site could accommodate by -right uses (e.g., general retail, personal service, child
care center, restaurant) that could be of benefit to neighbors by providing small-scale
commercial uses in proximity to their homes.
Staff does acknowledge the MUTA Zone would enable consideration of uses potentially
incompatible with nearby residences (e.g., bar, tavern, night club, gas station). However,
such uses could not be initiated without prior approval of a Conditional Use Permit at a
publicly noticed hearing at the Planning Commission. Should such a use be proposed, the
standards (e.g., hours, noise, traffic, parking) required for Conditional Use Permit
approval would be sufficient to ensure neighborhood compatibility or, if those
requirements could not be met, the proposed use would be denied.
The Planning Commission concurred with this analysis and also emphasized the corridor nature
of Bodega Avenue as different from other MU1C zoned embedded within residential
neighborhoods on the west side of Petaluma.
ENVIRONMENTAL REVIEW
The project is Categorically Exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines §15301 (Existing Facilities). The project involves an existing
developed property, would make no physical change in the environment, nor expand the existing
use. The project is also not subject to any exceptions to the use of a Categorical Exemption
provided at CEQA Guidelines §15300.2 (Exceptions).
Any proposed future use or physical change in the environment would be subject to a separate
review under CEQA. However, any future use that is principally permitted and requires no
discretionary permit (e.g., Site Plan & Architectural Review, Conditional Use Permit), is not
subject to environmental review pursuant to CEQA §21080 and CEQA Guidelines §§15268 and
15300.1 (Relation to Ministerial Projects).
FINANCIAL IMPACTS
The project is subject to cost recovery with all expenses paid by the applicant. The applicant has
paid $5,951 cost recovery fees to date.
ATTACHMENTS
1. Draft Ordinance Approving a Change of Zone
2. Planning Commission Resolution No. 2015-08 Recommending Approval
3. Planning Commission Staff Report —August 11, 2015
4. Written Public Comment
5. Implementing Zoning Ordinance Table 4.3
."
MM1812101 it
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., SECTION 4.020(L)
PERTAINING TO THE INTENT OF THE MUTA ZONE AND THE ZONING MAP CONTAINED IN THE
IMPLEMENTING ZONING ORDINANCE TO CHANGE THE ZONING OF THE PROPERTY
LOCATED AT 307 BODEGA AVENUE FROM MUIC to MUTA
WHEREAS, Bryan Bermingham, owner of the subject property, submitted an application to
the City of Petaluma for a Zoning Map Amendment (File No. PLZM-15-0001) for the property
located at 307 Bodega Avenue (APN: 006-301-025); and,
WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public
hearing to consider the proposed Zoning Amendments; and
WHEREAS, on August 11, 2015, the Planning Commission recommended approval of the
Zoning Map Amendment to change the zoning of the property located at 307 Bodega Avenue
from MU I C to MU I A; and
WHEREAS, on August 11, 2015, the Planning Commission recommended approval of the
Zoning Text Amendment to modify Implementing Zoning Ordinance Section 4.020(L) as follows
(underline = text addition; strikethre gh = deletion):
"MU 1 A, MI1 B, MU 1 C (Mixed Use 1) zone. The MU 1 zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent to
the Downtown Core, and in other areas of the city where existing auto -oriented commercial
areas are intended for improvement into pedestrian -oriented mixed use development. The MUI
zone is consistent with and implements the Mixed Use land use classification of the General Plan,
which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses
within the classification, and a maximum density of 30 units per acre for residential.
• Mixed Use 1 A zone. This zone is applied to parcels located along ##e corridors
such as East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street
cerriders. The parcels in these zones vary in size and are typically located adjacent to residential
zones.
• Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along
major arterial roadways. The larger parcel size should allow for a mix of uses on the site.
• Mixed Use 1 C zone. This zone is applied to smaller parcels located in West
Petaluma. Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited; and
WHEREAS, on September 21, 2015 the City Council held a duly noticed public hearing to
consider the proposed Zoning Map and Zoning Text Amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on
the Planning Commission's recommendation, City staff report and public hearing, the City
Council adopts the Zoning Map and Zoning Text Amendments, as described above and set
forth herein, based on the findings made below:
1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the
subject parcel (APN 006-301-025) to MU 1 A is, pursuant to Implementing Zoning
Ordinance Table 2-1, consistent with and implements the Mixed Use land use
classification of the General Plan as already existing for the parcel.
2. The amendment to Implementing Zoning Ordinance Section 4.020(L) to add
reference to Bodega Avenue is necessary to ensure the ordinance is internally
consistent.
3. The proposed rezoning would result in uses that are appropriate and compatible with
existing surrounding uses. The project is consistent with the established character of
the surrounding neighborhood and the intent of the West Planning Subarea of the
General Plan.
4. The proposed rezoning to MU 1 A is consistent with the following Petaluma General
Plan policies: Goal 2-P-17 (West Planning Subarea), Policy 2-P-113 (Pedestrian
Connections), Policy 2-P-117 (Historic Districts), Policy 1-P-1 (Land Use in UGB), Policy 1-
P-2 (Infill Development), Policy 1-P-6 (Mixed -Use Development & Transit Access),
Policy 2-P-1 (Development in UGB), Policy 2-P-3 (Petaluma's Heritage), Policy 2-G-15
(Density Mix)., Policy 9-P-13 (Retail Base Expansion), Policy 9-P-14 (Retail Uses & Sites)
and Policy 9-P-16 (Strengthen Retail Connections).
5. The public necessity, convenience and general welfare clearly permit and will be
furthered by the proposed amendment because it will allow the operation of
neighborhood commercial uses that have historically occupied the subject property
and which presently have the potential to serve resident's daily needs in proximity to
their homes. Because the site of the existing building at the subject property is
comparable to residences in the surrounding neighborhood, the zoning amendments
would result in an intensity of use not incompatible with nearby residences. Potentially
incompatible uses that would result from the rezone are subject to prior approval of a
Conditional Use Permit, the granting of which could not be made without, amongst
other findings, that neighborhood compatibility would result.
6. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the determination that the zoning amendments are categorically
exempt from CEQA pursuant to CEQA Guidelines § 15301 (Existing Facilities) and also
not subject to any exceptions to use of a Categorical Exemption provided at CEQA
Guidelines § 15300.2 (Exceptions).
Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
amended to modify the zoning district of the property located at 307 Bodega Avenue (APN 006-
301-025) from MUIC to MUTA.
Section 3. Implementing Zoning Ordinance Section 4.020(L) is hereby amended as
follows:
MUl A, MIl B, MU1 C (Mixed Use 1) zone. The MU1 zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent to
the Downtown Core, and in other areas of the city where existing auto -oriented commercial
areas are intended for improvement into pedestrian -oriented mixed use development. The MUl
zone is consistent with and implements the Mixed Use land use classification of the General Plan,
which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses
within the classification, and a maximum density of 30 units per acre for residential.
• Mixed Use 1 A zone. This zone is applied to parcels located along corridors such as
East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street. The
parcels in these zones vary in size and are typically located adjacent to residential zones.
• Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along
major arterial roadways. The larger parcel size should allow for a mix of uses on the site.
Mixed Use 1 C zone. This zone is applied to smaller parcels located in West
Petaluma. Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited.
Section 4. 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 5. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or
publish this ordinance or a synopsis of it for a period and in the manner required by the City
Charter.
INTRODUCED and ordered posted this 21st day of September, 2015.
ADOPTED this [insert day] of [insert month], 2015 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
David Glass, Mayor
I-3
ATTEST:
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
1-4
ATTACHMENT 2
RESOLUTION NO. 2015-08
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING MAP AMENDMENT TO
REZONE 307 BODEGA AVENUE (APN 006-301-025) FROM MIXED-USE 1 C (MU1 C) TO
MIXED-USE 1A (MU1A) AND A ZONING TEXT AMENDMENT PERTAINING TO
IMPLEMENTING ZONING ORDINANCE SECTION 4.020(L)
FILE NO. PLZM-15-0001
WHEREAS, Bryan Bermingham, owner of the subject property, submitted an application to
the City of Petaluma for a Zoning Map Amendment (File No. PLZM-15-0001) for the property
located at 307 Bodega Avenue (APN: 006-301-025); and
WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Planning
Commission held a duly noticed public hearing to consider the application on August 11, 2015, at
which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the staff report dated August 11, 2015,
analyzing the application, including the CEQA determination included therein; and
WHEREAS, Implementing Zoning Ordinance §25.010 provides for Zoning Map and Zoning
Text amendments; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission
recommends that the City Council adopt the Zoning Text and Map amendment,
attached hereto as Exhibit A, based on the following findings:
a. The proposed Zoning Map amendment is consistent with the following Petaluma
General Pian policies:
i. Goal 2-P-17: Preserve the density, scale, architectural quality and character of
existing neighborhoods while allowing intensification of Downtown's unique mix
of uses.
The project would have no effect on the density, scale, architectural quality or
character of the neighborhood. However, the project has the potential to
increase the types of potential commercial uses and, in doing so, enable a
greater mix of uses in a manner that furthers other General Plan policies related
to land use, transportation, and economic sustainability, as described below.
ii. Policy 2-P-113: Strengthen pedestrian connections to Downtown and the Central
Petaluma Specific Plan (CPSP) subarea through streetscape improvements
along the Washington Street/Bodega Avenue corridor.
The project would make no streetscape improvements but, with a change to
the MUTA Zone, the site could accommodate commercial uses (e.g., general
retail, personal services) that encourage pedestrian activity.
Planning Commission Resolution No. 2015-08 ;2— > Page 1
Residential neighborhoods with an interconnected network of sidewalks
surround the project site. The project site's corner lot location on a major arterial
(i.e., Bodega Avenue) makes it highly visible and easy to locate. Also, a change
to the MU1A Zone would enable commercial land uses (e.g., retail, professional
services) having customers that may arrive by either vehicle or foot.
!it. Policy 2-P-117: Establishment of additional Historic Districts, expansion of existing
Historic Districts, and/or creation of, Neighborhood Preservation Districts by
neighborhood, shall be required, initiated, encouraged and/or supported by the
City.
The project site's existing building, though not a historic landmark, was
constructed in 1920 and is of a traditional architectural design. Based on the
historic photographs and staff's field observations today, the building has not
been altered significantly since original construction.
Encouraging continual occupancy of the existing building (by increasing the
number and type of potential tenants through a change to the MUTA Zone)
may indirectly reinforce historic preservation efforts. For example, continually
occupied commercial buildings provide the owner with a consistent stream of
income and, as a result, may 'encourage and enable upkeep and
maintenance,
iv. Policy 1-P-1: Promote a range of land uses at densities and intensities to serve the
community needs within the Urban Growth Boundary (UGB).
The project would expand the number and type of permitted land uses at an
existing building within the UGB. The modest size of the building (1,684 square
feet) would facilitate primarily neighborhood commercial activity. The project's
location along a major arterial may also attract customers from further afield. In
doing so, the project would serve community needs both local and citywide.
v. Policy 1-P-2: Use land efficiently by promoting infill development, at equal or
higher density and intensity than surrounding uses.
The project would promote the efficient use of land by encouraging occupancy
of an existing commercial building. The modest size of the building (1,684 square
feet) would enable an intensity of use not incompatible with surrounding uses.
vi. Policy 1-P-6: Encourage mixed-use development, which include opportunities for
increased transit access.
The project would facilitate commercial use along a major arterial (i.e., Bodega
Avenue) surrounded by residential neighborhoods. A stop for Petaluma Transit
Route IT is within walking distance of the project site at Bodega Avenue/Bantam
Way.
Al. Policy 2-P-1: As depicted on the Land Use Map, allow for urban development at
defined densities and intensities to prevent the need to extend outward beyond
the Urban Growth Boundary.
The project would encourage occupancy of an existing commercial building
within the Urban Growth Boundary. This would occur at the general density and
intensity intended by the Land Use Map.
Planning Commission Resoluf(on No, 2015-08 1?— Page 2
viii. Policy 2-P-3: Maintain landmarks and aspects of Petaluma's heritage that foster
its unique identity.
The existing building's architecture and location reflects an aspect of Petaluma's
heritage. With so few alterations to the building over time, the visual connection
to Petaluma's past remains intact. Also, as a former corner store, the project site
reflects a historic, traditional urban pattern still evident in western Petaluma
today (e.g., Ray's Delicatessen & Tavern, Fair West Grocery). The project has the
potential to reinforce Petaluma's heritage by encouraging the continued
occupancy of the existing building by viable neighborhood -serving commercial
uses.
ix. Policy 2-G-15: Maintain the rich mix of densities, commercial opportunities,
education facilities and natural and public amenities.
There is an existing, rich mix of residential and civic land uses within one-quarter
mile of the project site. There are eight (8) commercial zoned properties within
this radius. Two of these properties (across the street from the project site) are
vacant (i.e., former De Schmire Restaurant) or utilized for residential purposes.
Encouraging the continual occupancy of the existing building has the potential
to maintain a more robust mix of uses in this neighborhood.
x. Policy 9-P-13: Expand and diversify Petaluma's retail base.
The project would enable retail use at this location and thereby incrementally
contribute to the diversification of Petaluma's retail base.
A. Policy 9-P-14: Plan and locate retail uses appropriately to their types and the sites
available.
The project has the potential to facilitate neighborhood serving retail in proximity
to existing residents This is appropriate for the project site as only two other
locations on Bodega Avenue, between Howard Street and Bantam Way, permit
retail land use.
xii. Policy 9-P-16: Strengthen existing retail concentrations Policies in the Land Use
Element provide for: Strengthen and reinforce existing local commercial areas
serving Petaluma's residential neighborhoods (see Land Use Element).
The project has the potential to facilitate neighborhood serving retail in proximity
to existing residents This is appropriate for the project site as only two other
locations on Bodega Avenue, between Howard Street and Bantam Way, permit
retail land use,
b. The proposed Zoning Map Amendment is consistent with the public necessity,
convenience and general welfare because it will allow the operation of
neighborhood commercial uses that have historically occupied the subject property
and which presently have the potential to serve resident's daily needs in proximity to
their homes. Because the site of the existing building at the subject property is
comparable to residences in the surrounding neighborhood, the zoning
amendments would result in an intensity of use not incompatible with nearby
residences. Potentially incompatible uses that would result from the rezone are
subject to prior approval of a Conditional Use Permit, the granting of which could
not be made without, amongst other findings, that neighborhood compatibility
would result.
Planning Commission Resolution No. 2015-08 ;� — Page 3
c, The amendment to Implementing Zoning Ordinance §4.020(L) to add reference to
Bodega Avenue is necessary to ensure the ordinance is internally consistent.
2. Planning Commission reviewed the application and determined it so be Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines § 15301 (Existing Facilities) and not subject to any exceptions to use of a
Categorical Exemption provided at CEQA Guidelines § 15300.2 (Exceptions). The project
involves an existing developed property, would make no physical change in the
environment, and would not expand the existing use, No exception to the use of a
categorical exemption is present since the project is not located in a sensitive location,
is not the result of a succession of similar project resulting in cumulative impacts, has no
reasonable possibility of resulting in a significant effect, it not visible from a scenic
highway, is not located on a hazardous waste site, and would not alter a historic
resource.
ADOPTED this 11th day of August, 2015, by the following vote;
Commission iVMe trhber
Aye
No
Absent
Abstain
Councilmember Barrett
X
Vice Chair Benedetti-Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
ATTEST;
(o, elyn Lin, Chair
APPROVED AS TO FORM;
fiatherHines, C Inmission Secretary Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-08 2-- Page 4
Exhibit A
EFFECTIVE DATE
OF ORDINANCE ORDINANCE NO. N.C.S.
Introduced by Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., SECTION 4.020(L)
PERTAINING TO THE INTENT OF THE MUTA ZONE, THE ZONING MAP CONTAINED IN THE
IMPLEMENTING ZONING ORDINANCE TO CHANGE THE ZONING OF THE PROPERTY LOCATED
AT 307 BODEGA AVENUE
WHEREAS, Bryan Bermingham, owner of the subject property, submitted an application to
the City of Petaluma for a Zoning Text Amendment and Map Amendment (File No. PLZM-15-0001)
for the property located at 307 Bodega Avenue (APN: 006-301-025); and,
WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing
to consider the proposed Zoning Amendments; and
WHEREAS, on August 11, 2015, the Planning Commission recommended approving the
Zoning Map Amendment and Zoning Text Amendment to change the zoning of the property
located at 307 Bodega Avenue from MU] C to MU1 A; and
WHEREAS, on August 11, 2015, the Planning Commission recommended approving the
Zoning Map Amendment to change the designation of the property from MUI C to MUl A and a
Zoning Text Amendment to modify Implementing Zoning Ordinance Section 4.020(L) as follows
(underline = text addition; she = deletion):
"MU 1 A, MI1 B, MUl C (Mixed Use 1) zone, The MU 1 zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent to the
Downtown Core, and in other areas of the city where existing auto -oriented commercial areas are
intended for improvement into pedestrian -oriented mixed use development. The MU1 zone is
consistent with and implements the Mixed Use land use classification of the General Plan, which
establishes a maximum floor area ratio of 2,5 for both residential and non-residential uses within the
classification, and a maximum density of 30 units per acre for residential.
• Mixed Use 1 A zone. This zone is applied to parcels located along #-he corridors such
as East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street
cerriders. The parcels in these zones vary In size and are typically located adjacent to residential
zones.
• Mixed Use I B zone, This zone is applied to larger parcels located primarily along
major arterial roadways, The larger parcel size should allow for a mix of uses on the site,
Planning Commission Resolution No. 2015-08 a Page 5
Mixed Use 1 C zone, This zone is applied to smaller parcels located in West Petaluma.
Most of these parcels are located in residential areas and the intensity of the uses permitted in this
zone is limited; and
WHEREAS, on [insert date] the City Council held a duly noticed public hearing to consider
the proposed Zoning Map and Zoning Text Amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on the
Planning Commission's recommendation, City staff report and public hearing, the City Council
adopts the Zoning Map and Zoning Text Amendments, as described above and set forth herein,
based on the findings made below:
1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the
subject parcel (APN 006-301-025) to MU1 A is, pursuant to Implementing Zoning
Ordinance Table 2-1, consistent with and implements the Mixed Use land use
classification of the General Plan as already existing for the parcel.
2. The amendment to Implementing Zoning Ordinance Section 4.020(L) to add reference
to Bodega Avenue is necessary to ensure the ordinance is internally consistent.
3. The proposed rezoning would result in uses that are appropriate and compatible with
existing surrounding uses. The project is consistent with the established character of the
surrounding neighborhood and the intent of the West Planning Subarea of the General
Plan.
4. The proposed rezoning to MU 1 A is consistent with the following Petaluma General Plan
policies: Goal 2-P-17 (West Planning Subarea), Policy 2-P-113 (Pedestrian Connections),
Policy 2-P-117 (Historic Districts), Policy 1-P-1 (Land Use in UGB), Policy 1-P-2 (Infill
Development), Policy 1-P-6 (Mixed -Use Development & Transit Access), Policy 2-P-1
(Development in UGB), Policy 2-P-3 (Petaluma's Heritage), Policy 2-G-15 (Density Mix),
Policy 9-P-13 (Retail Base Expansion), Policy 9-P-14 (Retail Uses & Sites) and Policy 9-P-16
(Strengthen Retail Connections),
5. The public necessity, convenience and general welfare clearly permit and will be
furthered by the proposed amendment because it will allow the operation of
neighborhood commercial uses that have historically occupied the subject property
and which presently have the potential to serve resident's daily needs in proximity to
their homes. Because the site of the existing building at the subject property is
comparable to residences in the surrounding neighborhood, the zoning amendments
would result in an intensity of use not incompatible with nearby residences. Potentially
incompatible uses that would result from the rezone are subject to prior approval of a
Conditional Use Permit, the granting of which could not be made without, amongst
other findings, that neighborhood compatibility would result.
6. The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the determination that the zoning amendments are categorically
exempt from CEQA pursuant to CEQA Guidelines § 15301 (Existing Facilities) and also not
subject to any exceptions to use of a Categorical Exemption provided at CEQA
Guidelines §15300,2 (Exceptions),
Planning Commission Resolution No, 2015-08 a — Page 6
Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
amended to modify the zoning district of the property located at 307 Bodega Avenue (APN 006-
301-025) from MU1C to MUTA,
Section 3, Implementing Zoning Ordinance Section 4.020(L) is hereby amended as follows:
MU1 A, MI B, MU I C (Mixed Use 1) zone. The MU1 zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent to the
Downtown Core, and in other areas of the city where existing auto -oriented commercial areas are
intended for improvement into pedestrian -oriented mixed use development. The MU 1 zone is
consistent with and implements the Mixed Use land use classification of the General Plan, which
establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses within the
classification, and a maximum density of 30 units per acre for residential.
• Mixed Use I A zone, This zone is applied to parcels located along corridors such as
#+e East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street
^^YrG�„ idol -s, The parcels in these zones vary in size and are typically located adjacent to residential
zones,
• Mixed Use I B zone. This zone is applied to larger parcels located primarily along
major arterial roadways. The larger parcel size should allow for a mix of uses on the site,
• Mixed Use I C zone, This zone is applied to smaller parcels located in West Petaluma.
Most of these parcels are located in residential areas and the intensify of the uses permitted in this
zone is limited,
i" Section 4, 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 5, This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council,
Section 6. Posfing/Publishing of Notice, The City Clerk is hereby directed to post and/or
publish this ordinance or a synopsis of it for a period and in the manner required by the City
Charter,
INTRODUCED and ordered posted/published this [insert day] of [insert month], 2015,
ADOPTED this [insert day] of [insert month], 2015 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
David Glass, Mayor
Planning Commission Resolution No. 2015-08 "2 —Page 7
ATTEST:
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
Planning Commission Resolution No, 2015-08 'C-� — Page 8
ATTACHMENT 3
DATE: August 11, 2015 AGENDA ITEM NO. 9A
TO: Planning Commission
FROM: Kevin Colin, Senior Planner
REVIEWED BY: Heather Hines, Planning Manager
SUBJECT: ZONING MAP AMENDMENT TO CHANGE THE ZONING FROM
MIXED USE 1C (MU1C) TO MIXED USE 1A (MUTA) AND ZONING
TEXT AMENDMENT TO MODIFY THE DESCRIPTION OF THE
MU1A DISTRICT TO INCLUDE BODEGA AVENUE
307 BODEGA AVENUE
FILE NO. PLZM-15-0001
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution recommending that the City
Council approve a Zoning Map and Text Amendment pertaining to 307 Bodega Avenue
(Attachment A).
BACKGROUND
Neighborhood Context
The project is located at the southwest corner of Bodega Avenue/Baker Street in the General
Plan's `West' Planning Subarea. Bodega Avenue is a two-lane thoroughfare providing
connectivity from the eastern limits of Petaluma at Old Adobe Road, through Downtown
Petaluma, all the way. to Bodega Bay (via Valley Ford Road/Highway 1). The project's
neighborhood, situated west of Downtown Petaluma, is one of the city's oldest and largest
neighborhoods.
Land uses in the project's vicinity are primarily residential, including a mixture of single-family
and multi -family homes. Generally, the character of the built environment along Bodega Avenue
transitions from very urban (e.g., at Washington/Petaluma Blvd North) to very rural (e.g.,
Bodega/Cleveland Ln). The gridded street network, smaller lot sizes and placement of buildings
close to the street gradually transitions to cul-de-sacs, larger lot sizes and ample open space.
Civic uses within walking distance (i.e., 1/4 -mile) of the project site include Valley Vista
Elementary School, Petaluma Junior High School, St. Vincent Elementary School, and Oak Hill
--Page I 1
Park. Existing commercial uses within walking distance include Ray's Deli Tavern
(Western/Webster) and Petaluma Sport Shop & Dive/Coastal Bait/Sportsman's Arms
(Bodega/Ruth). The former De Schmire Restaurant, across the project site at 304 Bodega
Avenue, has ceased operations. .
The aerial photograph at Figure I below illustrates the project location in relation to some of the
features described above.
Figure 1— Project Location.
Project Site
Existing Conditions
The project site is approximately 18,730 square feet (0.42 acre) in area and presently developed
with one single -story commercial building approximately 1,684 square feet in floor area. The
existing building is located at the northwest corner of the site with a gravel parking lot for
approximately nineteen (19) spaces at the street corner. A fenced area is located at the rear of the
site and contains three detached accessory structures. See Attachment B for site plan.
The existing building is designed to accommodate commercial uses. It Is placed at the back -of -
sidewalk with an at -grade entrance, has a shopfront with display windows for merchandise, and
has an open floor plan with no internal dividing walls. The sidewalk at the building frontage is
approximate twelve (12) feet wide. The on-site parking lot accommodates one (1) space per 88
square feet of floor area. Bodega Avenue and Baker Street also provide on -street parking.
Past Uses
Originally built in 1920, the existing building at the project site has accommodated a number of
long-term commercial uses. Table 1 below provides a chronology of these uses. Figure 2 below
-'2j— Page 12
is a photo of the building's first tenant - Caulfield's Market – taken on February 25, 1933.
TABLE 1- PAST COMMERCIAL USES AT PROJECT SITE
Time Period
Tenant
Use
1920-1970
Caulfield's Market
Grocery Store / Butcher Shop
1970-1998
Junktiques'
Antique Shop /Retail Sales
1998-2009
Take Off 16
Office
2009-2014
MDB Selections
Office
2014 - Today
-
Vacant
' The applicant indicates his mother was the operator of this business.
Figure 2– Caulfield's Market (at Right) and Baker Street (at Left).
General Plan
The project is designated Mixed Use on the General Plan Land Use Map and located in the West
Planning Subarea. Figure 3 below shows Land Use Map designations near the project site, and
the following narrative describes the West Planning Subarea:
"West—the largest and oldest subarea—includes all of Downtown west of Petaluma
Boulevard, commercial uses, residential neighborhoods, schools, parks, churches and other
religious facilities and open space. It is home to several historic areas, including the Petaluma
3—Page 1 3
Historic Commercial District, Oakhill -Brewster Historic District, "A" Street Historic District,
as well as numerous neighborhoods of the quality to justify historic designation. Commercial
and office uses within Downtown are housed in historic structures constructed at a pedestrian
scale. Additional commercial development along the Petaluma Boulevard corridor provides
neighborhood shopping, service commercial, and minor hotel uses. Other important public
uses include Petaluma Junior High and High Schools, three elementary schools, City Hall,
and the School Administration Center.
The West subarea provides a significant amount (105 acres) of the city's vacant land acreage,
although much of it is located in areas constrained by topography. Because neighborhoods in
this subarea are the longest established in Petaluma, infill development needs to carefully
consider issues of scale and character."
Petaluma General Plan 2025
LAND USE CLASSIFICATIONS*
Rural Residential (0.1-0.8 hut=)
Very Lav Density Residerdial(0.8-25 Wac)'
LwDensdy Residential (2.M.0 hWac)
_ Diverse Lmv Density Residential (8.1-120 hWao)
Medium Density Residential (8.1-18.0 hWac)
Mgh Density R.1denBal (18.1-30.0 hula.)
- MobBe (lornes (8.0-18.0 hWac)
Nefghbariwad Canmerdal
- COnITMAy CDmmerdal
Mined Use
Business Part
PublidSemi-Pubgo
Education
Indusldal
AgrkWture Support Industrial (CPSP)
- River Dependent Industrial (CP5P)
- AgdcWture
City Park
• , Proposed City Park
Open Spm
sw Reg -mid Park
Urban Separalw
Urban Separator Path
River Plan Corridor
Figure 3— General Plan Land Use Map.
The General Plan's community design and character goal for the West Planning -Subarea is to
"Preserve the density, scale, architectural quality and character of existing neighborhoods while
allowing intensification of Downtown's unique mix of uses."
Implementing Zoning Ordinance
Mixed Use I Zone
For the Mixed Use 1 (MU I) District, the Implementing Zoning Ordinance (IZO) provides three
subcategories (i.e., A, B, C) for permitted uses. IZO §4.020 (Purpose of Established Zones)
defines the MUI Zone as follows,
"MUTA, MI113, MU1C (Mixed Use 1) zone. The MUl zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent
3— Page14
to the Downtown Core, and in other areas of the city where existing auto -oriented
commercial areas are intended for improvement into pedestrian -oriented mixed use
development. The MUl zone is consistent with and implements the Mixed Use land use
classification of the General Plan, which establishes a maximum floor area ratio of 2.5 for
both residential and non-residential uses within the classification, and a maximum density of
30 units per acre for residential.
Mixed Use IA zone. This zone is applied to parcels located along the East Washington
Street, Petaluma Boulevard North and Lakeville Street corridors. The parcels in these
zones vary in size and are typically located adjacent to residential zones.
• Mixed Use 113 zone. This zone is applied to larger parcels located primarily along major
arterial roadways. The larger parcel size should allow for a mix of uses on the site.
Mixed Use 1 C zone. This zone is applied to smaller parcels located in West Petaluma.
Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited.
For each NMI subcategory (i.e., A, B, C), IZO Table 4.3 provides a different range of permitted
land uses with the same development standards (e.g., building height, setbacks, etc.) applying to
all. Attachment C includes IZO Table 4.3 with the current and proposed land uses identified. In
terms of number of uses, the sites current zoning (MU1C) permits less than half (i.e., 21 vs. 56)
the number of uses permitted in the proposed zoning (MUTA). Two common pedestrian oriented
uses, general retail and personal services, are currently prohibited. Many of the differences in
permitted use types are nuanced and best reviewed at IZO Table 4.3 (Attachment C),
Properties Zoned MUIC
The Zoning Map identifies six locations in western Petaluma as MU1C. Two of these locations
are located on Bodega Avenue with the remaining being on and south of Western Avenue.
Attachment D includes an excerpt of the Zoning Map identifying each MUl C zone location.
Table 2 below summarizes the location, existing use and context of each MU1C location.
TABLE 2 — EXISTING MUI C ZONES IN PETALUMA
*
Location
Uses
Businesses
1
Bodega Av /Baker St
-
Vacant
2
Bodega Av / Howard St
Office
Goebel Paving
3
Western Av / Fair St
Personal Services, Retail, Office
Mike's Barber, Fair West Grocery
4
Douglas St / Baker St
Office, Retail
Petaluma School District Office
5
F St / 71h St
Arts, Multi -Family
The Art Hatchery
6
El Rose Dr / Hayes Ln
Medical Services'
The Oaks, Windsor Care Center
* See Attachment C for Locations.
Multiple properties and uses including Medical Services —Health Care Facility and Medical Services —Minor.
3— Page 15
STAFF ANALYSIS
Proiect Description
The applicant is requesting to change the site's Zoning Map designation of Mixed -Use 1C
(MU1C) to Mixed -Use IA (MUTA). The purpose of the request is to change the permitted land
uses at the project site. No change in applicable development standards (e.g., building height,
setbacks, density) would result under the request. The staff analysis below discusses the specific
land use changes and addresses their merit.
Implementin Zig Ordinance
Procedural Requirements
This application is subject to the administrative procedures of Chapter 25 (Amendments) of the
Implementing Zoning Ordinance (IZO). IZO §25.050 provides that the Planning Commission
shall consider the application at a noticed public hearing. The Planning Commission may act on
the application in accordance with IZO §25.050(B) and (C), as follows:
Approve the amendment, as submitted or modified, as in conformance with the Petaluma
General Plan, and consistent with the public necessity, convenience, and general welfare;
or
Deny the amendment as not in conformance with the Petaluma General Plan, and
inconsistent with the public necessity, convenience, and general welfare; or
The Planning Commission's action will carry by an affirmative vote of a majority of the total
members present, including any member disqualified to vote for reason of conflict of interest. If
the Planning Commission should deny the application, IZO §25.050(B) provides the decision as
final unless appealed to the City Council.
Neighborhood Compatibility
IZO §4.020 states the intent of the existing MUIC zoning for the site is as follows,
"Mixed Use 1C zone. This zone is applied to smaller parcels located in West Petaluma. Most
of these parcels are located in residential areas and the intensity of the uses permitted in this
zone is limited."
In its review of this application, staff focused its analysis on the merits of continuing to apply
this land use limitation. Key considerations reviewed include: (a) the project site's zoning
history; (b) its context compared to other MU1C zoned parcels; and (c) whether permitted uses
in the MUTA zone would result in potential neighborhood incompatibilities.
a) Zoning History - From 1962 to 2008, the Zoning Map provided a Neighborhood
Commercial (CN) designation to the project site. Permitted uses during that timeframe
(under the prior Zoning Ordinance) included "any local retail business or service
establishment," "restaurant, cafe, or soda fountain (excluding fast-food restaurants)," and
"commercial parking lots."
3 — Pagel 6
The 2025 Petaluma General Plan was approved in 2008. Concurrent with the plan update,
the City also pursued a comprehensive update to its development regulations. While
budget shortfalls have delayed that effort, the City did, concurrent with the General Plan,
adopt the current Implementing Zoning Ordinance as a temporary measure to address
policy consistency issues.
With the current Implementing Zoning Ordinance adoption in 2008, the project site
became subject to a prohibition on retail uses, and restaurants required a conditional use
permit.
b) Site Context - The building at the project site was designed to accommodate retail and/or
service uses. The first commercial use was Caulfield's Market, a grocery store/butcher.
The building is placed at the back -of -sidewalk with an at -grade entrance, has a shopfront
with display windows for merchandise, and has an open floor plan with no internal
dividing walls. The sidewalk at the building frontage is approximate twelve (12) feet
wide. The on-site parking lot accommodates one (1) space per eighty-eight (88) square
feet of floor area. Bodega Avenue and Baker Street also provide on -street parking.
Bodega Avenue, a designated major arterial, is the primary interface between the project
site and surrounding properties. During traffic counts in October 2014, Bodega Avenue
carried between 12,483 and 13,422 average daily trips (ADT). This traffic volume is
considerably higher than, for example, the 5,114 ADT at the MUl C zoned parcels at
Western Avenue/Fair Street. These volumes indicate residential properties nearby the
project site are already accustomed more vehicle traffic and noise than occurs at other
MU1 C properties which are located off a major arterial.
The existing building at the project site is comparable in floor area to residences in the
neighborhood. This implies the project site would accommodate neighborhood serving
commercial uses at an intensity not incompatible with nearby residences.
c) MU1A Zone: Permitted Uses - After review of permitted uses in the MU1A Zone (see
Attachment C), staff could not identify a by -right use that, considering the site and its
context, would inevitably result in a neighborhood incompatibility. Rather, as built, the
project site could accommodate by -right uses (e.g., general retail, personal service, child
care center, restaurant) that could be of benefit to neighbors by providing small-scale
commercial uses in proximity to their homes.
Staff does acknowledge the MUTA Zone would enable consideration of uses potentially
incompatible with nearby residences (e.g., adult entertainment, bar, tavern, night club,
gas station). However, such uses could not be initiated without prior approval of a
Conditional Use Permit at a publicly noticed hearing at the Planning Commission. Should
such a use be proposed, the requirements at IZO §24.030(G) would be sufficient to
ensure neighborhood compatibility or, if those requirements could not be met, the
proposed use would be denied.
3— Page 7
General Plan Conformity
In its review the application, staff found the proposed project to be consistent with the following
General Plan goals, policies, and programs.
West Planning Subarea Policies
2-P-17 Preserve the density, scale, architectural quality and character of existing
neighborhoods while allowing intensification of Downtown's unique mix of uses.
The project would have no effect on the density, scale, architectural quality or
character of the neighborhood. However, the project has the potential to increase the
types of potential commercial uses and, in doing so, enable a greater mix of uses in a
manner that furthers other General Plan policies related to land use, transportation,
and economic sustainability, as described below.
2-P-113 Strengthen pedestrian connections to Downtown and the Central Petaluma Specific
Plan (CPSP) subarea through streetscape improvements along the Washington
Street/Bodega Avenue corridor.
The project would make no streetscape improvements but, with a change to the
MUM Zone, the site could accommodate commercial uses (e.g., general retail,
personal services) that encourage pedestrian activity.
Residential neighborhoods with an interconnected network of sidewalks surround the
project site. The project site's corner lot location on a major arterial (i.e., Bodega
Avenue) makes it highly visible and easy to locate. Also, a change to the MUM Zone
would enable commercial land uses (e.g., retail, professional services) that customers
arriving by both vehicle and foot.
2-P-117 Establishment of additional Historic Districts, expansion of existing Historic
Districts, and/or creation of, Neighborhood Preservation Districts by neighborhood,
shall be required, initiated, encouraged and/or supported by the City.
The project site's existing building, though not a historic landmark, was constructed
in 1920 and is of a traditional architectural design. Based on the photograph at
Figure 2 above and staff's field observations today, the building has not been altered
significantly since original construction.
Encouraging continual occupancy of the existing building (by increasing the number
and type of potential tenants through a change to the MUTA Zone) may indirectly
reinforce historic preservation efforts. For example, continually occupied commercial
buildings provide the owner with a consistent stream of income and, as a result, may
encourage and enable upkeep and maintenance.
Citywide Policies
1-P-1 Promote a range of land uses at densities and intensities to serve the community needs
2 — Page 8
within the Urban Growth Boundary (UGB).
The project would expand the number and type of permitted land uses at an existing
building within the UGB. The modest size of the building (1, 684 square feet) would
facilitate primarily neighborhood commercial activity. The project's location along a
major arterial may also attract customers from further afield. In doing so, the project
would serve community needs both local and citywide.
1-P-2 Use land efficiently by promoting infill development, at equal or higher density and
intensity than surrounding uses.
The project would promote the efficient use of land by encouraging occupancy of an
existing commercial building. The modest size of the building (1,684 square feet)
would enable an intensity of use not incompatible with surrounding uses.
1-P-6 Encourage mixed-use development, which include opportunities for increased transit
access.
The project would facilitate commercial use along a major arterial (i.e., Bodega
Avenue) surrounded by residential neighborhoods. A stop for Petaluma Transit Route
IT is within walking distance of the project site at Bodega Avenue/Bantam Way.
2-P-1 As depicted on the Land Use Map, allow for urban development at defined densities
and intensities to prevent the need to extend outward beyond the Urban Growth
Boundary.
The project would encourage occupancy of an existing commercial building within
the Urban Growth Boundary. This would occur at the general density and intensity
intended by the Land Use Map.
2-P-3 Maintain landmarks and aspects of Petaluma's heritage that foster its unique identity.
The existing building's architecture and location reflects an aspect of Petaluma's
heritage. With so few alterations to the building over time, the visual connection to
Petaluma's past shown at Figure 2 remains intact. Also, as a former corner store, the
project site reflects a historic, traditional urban pattern still evident in western
Petaluma today (e.g., Ray's Delicatessen & Tavern, Fair West Grocery). The project
has the potential to reinforce Petaluma's heritage by encouraging the continued
occupancy of the existing building by viable neighborhood -serving commercial uses.
2-G-15: Maintain the rich mix of densities, commercial opportunities, education facilities and
natural and public amenities.
There is an existing, rich mix of residential and civic land uses within one-quarter
mile of the project site. There are eight (8) commercial zoned properties within this
radius. Two of these properties (across the street from the project site) are vacant
(i.e., former De Schmire Restaurant) or utilized for residential purposes.
Encouraging the continual occupancy of the existing building has the potential to
'),- Pagel 9
maintain a more robust mix of uses in this neighborhood.
9-P-13 Expand and diversify Petaluma's retail base.
The project would enable retail use at this location and thereby incrementally
contribute to the diversification of Petaluma's retail base.
9-P-14 Plan and locate retail uses appropriately to their types and the sites available.
9-P-16 Strengthen existing retail concentrations Policies in the Land Use Element provide
for: Strengthen and reinforce existing local commercial areas serving Petaluma's
residential neighborhoods (see Land Use Element).
The project has the potential to facilitate neighborhood serving retail in proximity to
existing residents This is appropriate for the project site as only two other locations
on Bodega Avenue, between Howard Street and Bantam Way, permit retail land use.
PUBLIC COMMENTS
Neighborhood Meeting
The applicant facilitated a community meeting at the project site on Thursday, June 25, 2015 at
6:00 PM. Mailed notice was provided in advance of the meeting. Staff provided the applicant
with a mailing list based on the same recipients as public hearing notices (i.e., owners and
occupants within 500 feet of property boundary). Staff also attended the neighborhood meeting
and answered questions related to the procedural aspects of the application. Approximately eight
(8) neighbors attended the meeting with no opposition expressed.
Public Notice
On July 30, 2015, public notice of this hearing was provided in the Argus Courier. Mailed notice
was also sent to all owners and occupants within 500 feet of the project site. Since providing
newspaper and mailed notice, staff has received two phone calls asking staff to summarize the
request.
ENVIRONMENTAL REVIEW
The project is Categorically Exempt from. the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines §15301 (Existing Facilities). The project involves an existing
developed property, would make no physical change in the environment, nor expand the existing
use. The project is also not subject to any exceptions to the use of a Categorical Exemption
provided at CEQA Guidelines §15300.2 (Exceptions).
Any proposed future use or physical change in the environment would be subject to a separate
review under CEQA. However, any future use that is principally permitted and requires no
discretionary permit (e.g., Site Plan & Architectural Review, Conditional Use Permit), is not
subject to environmental review pursuant to CEQA §21080 and CEQA Guidelines §§15268 and
15300.1 (Relation to Ministerial Projects).
— Page 110
STAFF RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution (Attachment A)
recommending that the City Council approve the requested Zoning Map Amendment for 307
Bodega Avenue (A -PN 006-301-025) from MU1C Zone to MUTA Zone. In addition and in order
to prevent inconsistencies within the Implementing Zoning Ordinance, staff also recommends the
following Zoning Text Amendment at IZO §4.020(L) (underline = text addition):
"MUTA, MIIB, MU1C (Mixed Use 1) zone. The MUl zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent
to the Downtown Core, and in other areas of the city where existing auto -oriented
commercial areas are intended for improvement into pedestrian -oriented mixed use
development. The MUl zone is consistent with and implements the Mixed Use land use
classification of the General Plan, which establishes a maximum floor area ratio of 2.5 for
both residential and non-residential uses within the classification, and a maximum density of
30 units per acre for residential.
Mixed Use 1A zone. This zone is applied to parcels located along the East Washington
Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street corridors. The
parcels in these zones vary in size and are typically located adjacent to residential zones.
Mixed Use 1B zone. This zone is applied to larger parcels located primarily along major
arterial roadways. The larger parcel size should allow for a mix of uses on the site.
Mixed Use 1C zone. This zone is applied to smaller parcels located in West Petaluma.
Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited.
ATTACHMENTS
Attachment A: Draft Resolution recommending adoption of a Zoning Map and Zoning Text
Amendment
Attachment B: Site Plan, Existing Conditions
Attachment C: IZO Table 4.3
Attachment D: MU1 C Zone Locations
:3— Page 111
A RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING MAP AMENDMENT
TO REZONE 307 BODEGA AVENUE (APN 006-301-025) FROM MIXED-USE 1C
(MU1C) TO MIXED-USE lA (MUTA) AND A ZONING TEXT AMENDMENT
PERTAINING TO IMPLEMENTING ZONING ORDINANCE SECTION 4.020(L)
FILE NO. PLZM-15-0001
WHEREAS, Bryan Bermingham, owner of the subject property, submitted an
application to the City of Petaluma for a Zoning Map Amendment (File No. PLZM-15-0001) for
the property located at 307 Bodega Avenue (APN: 006-301-025); and
WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Planning
Commission held a duly noticed public hearing to consider the application on August 11, 2015,
at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the staff report dated August 11,
2015, analyzing the application, including the CEQA determination included therin; and
WHEREAS, Implementing Zoning Ordinance §25.010 provides for Zoning Map and
Zoning Text amendments; and
NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows:
1. Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission
recommends that the City Council adopt the Zoning Text and Map amendment, attached hereto
as Exhibit A, based on the following findings:
a. The proposed Zoning Map amendment is consistent with the following Petaluma
General Plan policies:
i. Goal 2-P-17: Preserve the density, scale, architectural quality and character of
existing neighborhoods while allowing intensification of Downtown's unique mix
of uses.
The project would have no effect on the density, scale, architectural quality or
character of the neighborhood. However, the project has the potential to increase
the types of potential commercial uses and, in doing so, enable a greater mix of
uses. in a manner that furthers other General Plan policies related to land use,
transportation, and economic sustainability, as described below.
ii. Policy 2-P-113: Strengthen pedestrian connections to Downtown and the Central
Petaluma Specific Plan (CPSP) subarea through streetscape improvements along
the Washington Street/Bodega Avenue corridor.
3- 12
The project would make no streetscape improvements but, with a change to the
MU1A Zone, the site could accommodate commercial uses (e.g., general retail,
personal services) that encourage pedestrian activity.
Residential neighborhoods with an interconnected network of sidewalks surround
the project site. The project site's corner lot location on a major arterial (i.e.,
Bodega Avenue) makes it highly visible and easy to locate. Also, a change to the
MUlA Zone would enable commercial land uses (e.g., retail, professional
services) having customers that may arrive by either vehicle or foot.
iii. Policy 2-P-117: Establishment of additional Historic Districts, expansion of
existing Historic Districts, and/or .creation of, Neighborhood Preservation
Districts by neighborhood, shall be required, initiated, encouraged and/or
supported by the City.
The project site's existing building, though not a historic landmark, was
constructed in 1920 and is of a traditional architectural design. Based on the
historic photographs and staff's field observations today, the building has not
been altered significantly since original construction.
Encouraging continual occupancy of the existing building (by increasing the
number and type of potential tenants through a change to the MUlA Zone) may
indirectly reinforce historic preservation efforts. For example, continually
occupied commercial buildings provide the owner with a consistent stream of
income and, as a result, may encourage and enable upkeep and maintenance.
iv. Policy 1-P-1: Promote a range of land uses at densities and intensities to serve the
community needs within the Urban Growth Boundary (UGB).
The project would expand the number and type of permitted land uses at an
existing building within the UGB. The modest size of the building (1,684 square
feet) would facilitate primarily neighborhood commercial activity. The project's
location along a major arterial may also attract customers from further afield. In
doing so, the project would serve community needs both local and citywide.
v. Policy 1-P-2: Use land efficiently by promoting infill development, at equal or
higher density and intensity than surrounding uses.
The project would promote the efficient use of land by encouraging occupancy of
an existing commercial building. The modest size of the building (1,684 square
feet) would enable an intensity of use not incompatible with surrounding uses.
vi. Policy 1-P-6: Encourage mixed-use development, which include opportunities
for increased transit access.
The project would facilitate commercial use along a major arterial (i.e., Bodega
Avenue) surrounded by residential neighborhoods. A stop for Petaluma Transit
3-13
Route IT is within walking distance of the project site at Bodega Avenue/Bantam
Way.
vii. Policy 2-P-1: As depicted on the Land Use Map, allow for urban development at
defined densities and intensities to prevent the need to extend outward beyond the
Urban Growth Boundary.
The project would encourage occupancy of an existing commercial building
within the Urban Growth Boundary. This would occur at the general density and
intensity intended by the Land Use Map.
viii. Policy 2-P-3: Maintain landmarks and aspects of Petaluma's heritage that foster
its unique identity.
The existing building's architecture and location reflects an aspect of Petaluma's
heritage. With so few alterations to the building over time, the visual connection
to Petaluma's past remains intact. Also, as a former corner store, the project site
reflects a historic, traditional urban pattern still evident in western Petaluma today
(e.g., Ray's Delicatessen & Tavern, Fair West Grocery). The project has the
potential to reinforce Petaluma's heritage by encouraging the continued
occupancy of the existing building by viable neighborhood -serving commercial
uses.
ix. Policy 2-G-15: Maintain the rich mix of densities, commercial opportunities,
education facilities and natural and public amenities.
There is an existing, rich mix of residential and civic land uses within one-quarter
mile of the project site. There are eight (8) commercial zoned properties within
this radius. Two of these properties (across the street from the project site) are
vacant (i.e., former De Schmire Restaurant) or utilized for residential purposes.
Encouraging the continual occupancy of the existing building has the potential to
maintain a more robust mix of uses in this neighborhood.
x. Policy 9-P-13: Expand and diversify Petaluma's retail base.
The project would enable retail use at this location and thereby incrementally
contribute to the diversification of Petaluma's retail base.
xi. Policy 9-P-14: Plan and locate retail uses appropriately to their types and the sites
available.
The project has the potential to facilitate neighborhood serving retail in proximity
to existing residents' This is appropriate for the project site as only two other
locations on Bodega Avenue, between Howard Street and Bantam Way, permit
retail land use.
xii. Policy 9-P-16: Strengthen existing retail concentrations Policies in the Land Use
Element provide for: Strengthen and reinforce existing local commercial areas
serving Petaluma's residential neighborhoods (see Land Use Element).
The project has the potential to facilitate neighborhood serving retail in proximity
to existing residents This is appropriate for the project site as only two other
locations on Bodega Avenue, between Howard Street and Bantam Way, permit
retail land use.
b. The proposed Zoning Map Amendment is consistent with the public necessity,
convenience and general welfare because it will allow the operation of neighborhood
commercial uses that have historically occupied the subject property and which
presently have the potential to serve resident's daily needs in proximity to their homes.
Because the site of the existing building at the subject property is comparable to
residences in the surrounding neighborhood, the zoning amendments would result in
an intensity of use not incompatible with nearby residences. Potentially incompatible
uses that would result from the rezone are subject to prior approval of a Conditional
Use Permit, the granting of which could not be made without, amongst other findings,
that neighborhood compatibility would result.
c. The amendment to Implementing Zoning Ordinance §4.020(L) to add reference to
Bodega Avenue is necessary to ensure the ordinance is internally consistent.
2. Planning Commission reviewed the application and determined it so be Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
§15301 (Existing Facilities) and not subject to any exceptions to use of a Categorical Exemption
provided at CEQA Guidelines §15300.2 (Exceptions). The project involves an existing
developed property, would make no physical change in the environment, and would not expand
the existing use. No exception to the use of a categorical exemption is present since the project is
not located in a sensitive location, is not the result of a succession of similar project resulting in
cumulative impacts, has no reasonable possibility of resulting in a significant effect, it not visible
from a scenic highway, is not located on a hazardous waste site, and would not alter a historic
'resource.
3-15'
EFFECTIVE DATE ORDINANCE NO. N.C.S.
OF ORDINANCE
Introduced by
Seconded by
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., SECTION 4.020(L)
PERTAINING TO THE INTENT OF THE MUTA ZONE, THE ZONING MAP CONTAINED IN THE
IMPLEMENTING ZONING ORDINANCE TO CHANGE THE ZONING OF THE PROPERTY
LOCATED AT 307 BODEGA AVENUE
WHEREAS, Bryan Bermingham, owner of the subject property, submitted an application to
the City of Petaluma for a Zoning Text Amendment and Map Amendment (File No. PLZM-15-
0001) for the property located at 307 Bodega Avenue (APN: 006-301-025); and,
WHEREAS, on [insert date], the Planning Commission held a duly noticed public hearing
to consider the proposed Zoning Amendments; and
WHEREAS, on [insert date] the Planning Commission recommended approving the Zoning
Map Amendment and Zoning Text Amendment to change the zoning.of the property located
at 307 Bodega Avenue from MU 1 C to MUl A; and
WHEREAS, on [insert date] the Planning Commission recommended approving the Zoning
Map Amendment to change the designation of the property from MU1C to MU1A and a Zoning
Text Amendment to modify Implementing Zoning Ordinance Section 4.020(L) as follows
(underline = text addition):
"MUTA, MI1 B, MUl C (Mixed Use 1) zone. The MUl zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent to
the Downtown Core, and in other areas of the city where existing auto -oriented commercial
areas are intendedfor improvement into pedestrian -oriented mixed use development. The MU 1
zone is consistent with and implements the Mixed Use land use classification of the General Plan,
which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses
within the classification, and a maximum density of 30 units per acre for residential.
• Mixed Use 1 A zone. This zone is applied to parcels located along the East
Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street corridors.
The parcels in these zones vary in size and are typically located adjacent to residential zones.
EXHIBIT A
• Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along
major arterial roadways. The larger parcel size should allow for a mix of uses on the site.
• Mixed Use 1 C zone. This zone is applied to smaller parcels located in West
Petaluma. Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited; and
WHEREAS, on [insert date] the City Council held a duly noticed public hearing to consider
the proposed Zoning Map and Zoning Text Amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on
the Planning Commission's recommendation, City staff report and public hearing, the City
Council adopts the Zoning Map and Zoning Text Amendments, as described above and set
forth herein, based on the findings made below:
1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the
subject parcel (APN 006-301-025) to MUTA is, pursuant to Implementing Zoning
Ordinance Table 2-1, consistent with and implements the Mixed Use land use
classification of the General Plan as already existing for the parcel.
2. The amendment to Implementing Zoning Ordinance Section 4.020(L) to add
reference to Bodega Avenue is necessary to ensure the ordinance is internally
consistent.
3. The proposed rezoning would result in uses that are appropriate and compatible with
existing surrounding uses. The project is consistent with the established character of
the surrounding neighborhood and the intent of the West Planning Subarea of the
General Plan.
4. The proposed rezoning to MU 1 A is consistent with the following Petaluma General
Plan policies: Goal 2-P-17 (West Planning Subarea), Policy 2-P-113 (Pedestrian
Connections), Policy 2-P-117 (Historic Districts), Policy 1-P-1 (Land Use in UGB), Policy 1-
P-2 (Infill Development), Policy 1-P-6 (Mixed -Use Development & Transit Access),
Policy 2-P-1 (Development in UGB), Policy 2-P-3 (Petaluma's Heritage), Policy 2-G-15
(Density Mix), Policy 9-P-13 (Retail Base Expansion), Policy 9-P-14 (Retail Uses & Sites)
and Policy 9-P-16 (Strengthen Retail Connections).
5. The public necessity, convenience and general welfare clearly permit and will be
furthered by the proposed amendment because it will allow the operation of
neighborhood commercial uses that have historically occupied the subject property
and which presently have the potential to serve resident's daily needs in proximity to
their homes. Because the site of the existing building at the subject property is
comparable to residences in the surrounding neighborhood, the zoning amendments
would result in an intensity of use not incompatible with nearby residences. Potentially
incompatible uses that would result from the rezone are subject to prior approval of a
EXHIBIT A
Conditional Use Permit, the granting of which could not be made without, amongst
other findings, that neighborhood compatibility would result.
The requirements of the California Environmental Quality Act (CEQA) have been
satisfied through the determination that the zoning amendments are categorically
exempt from CEQA pursuant to CEQA Guidelines § 15301 (Existing Facilities) and also
not subject to any exceptions to use of a Categorical Exemption provided at CEQA
Guidelines §15300.2 (Except ions) because {FILL IN REASON]..
Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
amended to modify the zoning district of the property located at 307 Bodega Avenue (APN 006-
301-025) from MUIC to MU IA.
Section 3. Implementing Zoning Ordinance Section 4.020(L) is hereby amended as
follows:
MU1 A, MI B, MU1 C (Mixed Use 1) zone. The MUl zone is applied to areas intended for
pedestrian -oriented, mixed-use development with ground -floor retail or office uses adjacent to
the Downtown Core, and in other areas of the city where existing auto -oriented commercial
areas are intended for improvement into pedestrian -oriented mixed use development. The MUI
zone is consistent with and implements the Mixed Use land use classification of the General Plan,
which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses
within the classification, and a maximum density of 30 units per acre for residential.
• Mixed Use 1 A zone. This zone is applied to parcels located along the East
Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street corridors.
The parcels in these zones vary in size and are typically located adjacent to residential zones.
• Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along
major arterial roadways. The larger parcel size should allow for a mix of uses on the site.
• Mixed Use 1 C zone. This zone is applied to smaller parcels located in West
Petaluma. Most of these parcels are located in residential areas and the intensity of the uses
permitted in this zone is limited.
Section 4. 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 5. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or
publish this ordinance or a synopsis of it for a period and in the manner required by the City
Charter.
M
INTRODUCED and ordered posted this [insert day] of [insert month], 2015.
ADOPTED this [insert day] of [insertmonth], 2015 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
N ►:4:119U -11
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Mixed Use Zones Proposed Zoning
Current Zoning
TABLE 4.3
Land Uses and'Permit'Requirements for
Mixed Use Zones
J
P(16)
CUP
A
Permitted Use
Conditional Use Pe
Permit Requiremen
Accessory Use
Llse NotAllowed
Tnit Required
in Specific Use RegulationsAllowed
LAND USE TYPE (1) -1iMUfA
Permit Req redbyZone
Specific Use
Regulations
MUiB
MU2 d
INDUSTRY, MANUFACTURING & PROCESSING
Artisan/craft product manufacturing
P
P
CUP(6)
Catering service, as a primary use
P(6)
P
P(6)
Furniture and fixture manufacturing, cabinet making
P
Laboratory - Medical, analytical
P
Manufacturing, light
P(15)
Media production
P(6)
P
P(6)
Printing and publishing
P(6)
P
P(6)
Research and development
P
LODGING
Lodging - Bed & breakfast inn (B&B)
P
Lodging - Hotel/Motel
P
P
P
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
CUP
CUP
CUP
Chapter 9
Club, Lodge, Private Meeting Hall
P
P
P
Commercial recreation - Indoor
CUP
CUP
P(6)
Fitness/health facility
P
P
P
Library, museum, aft gallery
P
P
P
Park
P
P P
P
Religious facility
CUP
CUP CUP
CUP
School - Elementary, secondary, or college, private
CUP
CUP CUP
CUP
School - Specialized Education and Training
P(6)
P(6)
P(6)
Studio - Art, dance, martial arts, music, etc.
P
P
P
Theater, cinema or performing arts
CUP
CUP
CUP
Theater District
Ord. 2158
RESIDENTIAL
Dwelling, Multiple
CUP
P
Dwelling, Accessory/second unit
P
Dwelling, Single
P
Home Occupation
A,S(2)
A,S(2) A,S(2)
A,S(2)
Section 7.050
Residential care, 7 or more clients
P(10)
P(10) P
CUP(10)
Residential care facility, adult
P(6)
P(6) —
CUP(10)
Residential care facility, for the chronically ill
P(6)
P(6) —
CUP(10)
Residential care facility, for the elderly
P(6)
P(6) —
CUP(10)
Residential in mixed use building
P(10)
P(14) P(10)
P(10)
WorklLive
P(6)
P(6) P
P(6)
Proposed Zoning -T T—Current Zoning
3-� I
Proposed Zoning --] F— Current Zoning
TABLE 4.3
Allowed Land'Uses and Permit Requirements for
Mixed Use Zones
P(16)
CUP
A
Permitted Use
Conditional Use Pe
Permit R !rem n
oqp , a
Accessory Use
Use 'Not Allowed
it Required
in Specific Use Regulations
LAND, USE TYPE (1)
4
'Penhit,:Rd
§y Zone
sp6cific, use
Regulations
7
MU2
RETAIL
Adult oriented business
CUP
CUP
—
CUP
Chapter 10
Artisan Shop
P
P
—
P
Auto parts sales
P
P
—
Bar, tavem, night club
CUP
CUP
—
CUP
Chapter 8
Building and landscape materials sales - Indoor
P
P
—
P
Gas station
CUP
CUP
—
General retail
P
P
—
P
Groceries/specialty foods - 25,000 sf or less
P
P
—
P
Groceries/specialty foods - More than 25,000 sf
P I
P
—
Plant nursery
P
P
—
Restaurant, cafe, coffee shop
P
P CUP
P
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM
P
P
P
P
Bank, financial services
P
P
—
P
Business support service
P
P
—
P
Medical services - Health Care Facility
P(6)
P(6)
—
P(6)
Medical services - Major
P
P
—
P
Medical services - Minor
P(6), (12)
P(6), (12)
P
P(6),(12)
Office - Business, service, or government
P
P
P
P(6)
Office - Headquarters, or processing
P(6)
P
P(6)
Office - Professional, administrative
P
P
P
P(6)
SERVICES- GENERAL
Adult Day Program
CUP
CUP CUP
P
Child Care Center
P(6)
P(6)
P(6)
Child day care - Large Family
A(4)
—
Section 7,060
Child day care - Small Family
A(3)
A(3) A(3)
A(3)
Kennel, animal boarding
CUP
Meals Assembly Business
P(113)
Mortuary, funeral home
CUP
Personal services
P
P
P
Personal services - Restricted
P
P
P
Public safety facility
P
P
P
P
Vehicle services - Minor maintenance/repair
P
CUP
Veterinary clinic, animal hospital
P(8)
P(8) 1
P(8)
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
City water & sewer facility
P
P
P
P
Parking facility, public or commercial
CUP
—
CUP
Telecommunications facility
S
S
8
S
Section 7.090 &
Muni Code 14.44
Key to zone symbols
MU1A- Mixed Use 1A
MU1B- Mixed Use 18
MU1C - Mixed Use 1C
MU2 - Mixed Use 2
Notes:
(1) See Chapter 27 (Glossary) for land use definitions.
(2) Home Occupation Permit and Business License Required
(3) Business License Required
(4) Business License & Compliance with Section 7.060 Required
(5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required
(6) Permitted use on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP
(7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor
(8) A CUP is required for overnight board and care
(9) Neighborhood serving and open at lunch
(10) Allowed only on floors above the ground floor
(11) CUP required if part of the facility is outdoor and adjacent to a sensitive receptor
(12) Urgent care facilities may be located on the ground floor as a street fronting use
(13) Allowed only in a shopping center
(14) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.)
(15) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road
(16) See section 21,030 (Residential Uses Abutting Non -Residential Uses)
3-23
CITY OF PETALUMA
0 Locations Zoned MU1C
FAM
Concerning the Proposed Zoning Map Amendment to Change the current zoningof f the
pxoperty at 307 BodeaaAve. from Mixed-Usa 1C (M IQ) to Mixed -Use 1A (M W:
Dear Planning Commission:
As a homeowner and neighbor on Balser Street for the past six years, I can personally
attest that the planning staff recommendation that a "change to a more commercial use
will not be incompatible" but instead will "benefit" our neighborhood is emphatically
untrue. (see Planning Commission Agenda Item. 9 Memorandum by Kevin Colin,
Senior Planner, dated August 11, 2015, page 9). The area surrounding 307 Bodega
Avenue is almost entirely residential housing. Yes, Bodega Avenue may have "far more
traffic" than other areas with MU1 C designations, as Kevin Colin, Senior Planner, told
me earlier today, but we are certainly not "already accustomed. (sic) more vehicle traffic
and noise than occurs at other MU1 C'properties which are located off a major arterial"
(id. at page 7). How offensive to suggest that we would not mind more noise and.traffic.
We have cars turning and going down bur street (Baker) at the same spded as Bodega
Avenue. We have morning and aftemoon traffic to the high school, junior high, and
elementary schools within blocks of the property at issue. I would welcome the
Commissionto investigate the number of accidents in the area. We are not
"accustomed" to the traffic and certainly do not need more. My husband was hit in
our car turning from -Bodega Avenue onto our street in the last year due in part to the
traffic congestion. I have witnessed several other automobile accidents in the last few
years within a block of the property in question. It appears the planning staff believes
this is already an unsavory neighborhood and it willbe no worse with more commercial
uses. There are many, many children in the neighborhood, including my two young girls,
who play on our lawn, walk our dog in the neighborhood, and walk to Oak Hill Park. We
have a small family daycare opening on the opposite corner of Bodega Avenue. We have
Valley Vista Elementary School on Webster Street (around the corner) with children
walking to and from school. Increasing traffic is a public safety hazard in our
neighborhood. It would be dangerous to our children.
Furthermore, allowing a more commercial use such as a neighborhood market does not
have the same meaning it did in the 1920's. This will likely bring in a late night unsavory
and dangerous crowd. We live, close enough to FairWest Market (at Fair St. and Western
Ave.) and we see the late night -crowd in buying alcohol and smoking around the
building. There was a mugging in the area in the last year. This is the reality of what a
more commercial use will bring. At the time the planning staff completed their
assessment they noted that De Sebmire Restaurant "has ceased operations." (page 2). We
now have a new restaurant going in directly across Bodega at the location of the former
De Schmire restaurant. When De Scbmire Restaurant was open, we could hear drunk
people leaving and loitering in the area. They parked on our already crowded street. Now,
the planning staff believes this will be a benefit to us to open another restaurant or
convenience stor6 in our residential neighborhood? Senior Planner Kevin Colin told me
it would be nice for us to be able to walls to a store and not have to get in the car. Our
neighborhood is within walking distance to Petaluma Market (approximately eight
minutes), FairWest Market and Ray's Deli (4 minutes), and 7—Eleven, (6 minutes).
I/ —t
2
The owners of 307 Bodega Avenue successfully rented the building under the existing
zoning MUIC from 2009 to 2014 (Id. at page 3), during -the worst of the recession so the
argument that this building cannot be rented during a more prosperous time does not hold
water. It appears the. owners want increased income from the property to the detriment of
their neighbors. Although this project may "promote the efficient use of land by
encouraging occupancy of an existing commercial building." (id. at page 7), this short-
sighted thinking will ultimately decrease residential property values and lower
potential property taxes.
The conclusion that the staff "could not identify a b3 -right use that, considering the site
and its context, would inevitably result in a neighborhood incompatibility" (Id. at page 7)
is erroneous. The finding that "[rjather, as built, the project site could accommodate by
right uses (e.g., general retail, personal service, child care center, restaurant) that could be
of benefit to neighbors by providing small-scale commercial uses in proximity to their
homes" is just untrue. The nuisance factor greatly outweighs any convenience benefit.
The senior planner informed me also that a bar or adult entertainment would not be
"guaranteed." Of course, in the fltture we will have an ongoing fight to keep out any and
all proposed uses that are not appropriate for the neighborhood if this planning change is
implemented.
In conclusion, the planning staff believes that this will help out one property owner;
however the reality is changing this zoning will decrease many, Manny residential house
values in the area (leading to lower property taxes), cause a potential and unnecessary
public nuisance, and most importantly, endanger the safety of o-ur children and all of
our neighbors.
Thank you for your attention to this matter.
Sincerely yours,
!sl
Kelly ,Whitney, Esq.
Concerned Property Owner
635 Baker Street,
Petaluma, C.A. 94952
tf-2-
ATTACHMENT 5
Mixed Use Zones Proposed Zoning
Current Zoning
TABLE 4.3
Allowed Land Uses and Permit Requirements for
Mixed Use Zones
P(16 , )
CUP
S
A
Permitted Use
Conditional Use Pe
Permit Requireme
Access oryUse
- I
Use Not Allowed
mit Required
in Specific Use Regulations
LAND USETYPE (1),,_M11A
Permit Req red by Zone
'Specific Use
Regulations
MUIB J
MU2
INDUSTRY, MANUFACTURING &PROCESSING
Adisan/craft product manufacturing
P
P
CUP(6)
Catering service, as a primary use
P(6)
P
P(6)
Furniture and fixture manufacturing, cabinet making
P
Laboratory - Medical, analytical
P
Manufacturing, light
P(1S)
Media production
P(6)
P
P(6)
Printing and publishing
P(6)
P
P(6)
Research and development
P
LODGING
Lodging - Bed & breakfast inn (B&B)
—
P
Lodging - Hotel/Motel
13
P
P
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
CUP
CUP
CUP Chapter 9
Club, Lodge, Private Meeting Hall
P
P
P
Commercial recreation - Indoor
CUP
CUP
P(6)
Fitness/health facility
13
P
P
Library, museum, art gallery
P
P
P
Park
13
P
P
P
Religious facility
CUP
CUP
CUP
CUP
School -Elementary, secondary, or college, private
CUP
CUP
CUP
CUP
School - Specialized Education and Training
P(6)
P(6)
PR
Studio - Aft, dance, martial arts, music, etc.
P
P
P
Theater, cinema or performing arts
CUP
CUP
CUP TheaterDistrict
I Ord. 2158
RESIDENTIAL
Dwelling, Multiple
CUP
P
Dwelling, Accessory/second unit
P
Dwelling, Single
P
Home Occupation
A,S(2)
A,S(2)
A,S(2)
A,S(2) Section 7,050
Residential care, 7 or more clients
P(10)
P(10)
13
cup(io)
Residential care facility, adult
P(6)
P(6)
—
CUP(IO)
Residential care facility, for the chronically Ill
P(6)
P(6)
—
CUP(10)
Residential care facility, for the elderly
P(6)
P(6)
—
cup(io)
Residential in mixed use building
P(io)
P(14)
P(10)
P(10)
Work/Live
-P(6)
P(6)
P
P(6)
Proposed Zoning I t— Current Zoning
RETAIL
Adult oriented business
Artisan Shop
Auto parts sales
Bar, tavern, night club
Building and landscape materials sales - Indoor
Gas station
General retail
Groceries/specialty foods - 25,000 sf or less
Groceries/specialty foods - More than 25,000 sf
Plant nursery
Restaurant, cafe, coffee shop
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM
Bank, financial services
Business support service
Medical services - Health Care Facility
Medical services - Major
Medical services - Minor
Office - Business, service, or government
Office - Headquarters, or processing
Office - Professional, administrative
SERVICES• GENERAL
Adult Day Program
Child Care Center
Child day care - Large Family
Child day care - Small Family
Kennel, animal boarding
Meals Assembly Business
Mortuary, funeral home
Personal services
Personal services - Restricted
Public safety facility
Vehicle services - Minor maintenance/repair
Veterinary clinic, animal hospital
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
City water & sewer facility
Parking facility, public or commercial
Telecommunications facility
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0'
NEWE
a�
0
0-
0
®-
Key to zone symbols
MU1A- Mixed Use 1A MWC - Mixed Use 1C
MU1 B - Mixed Use 1 B MU2 - Mixed Use 2
Notes:
(1) See Chapter27 (Glossary) for land use definitions.
(2) Home Occupation Permit and Business License Required
(3) Business License Required
(4) Business License & Compliance with Section 7.060 Required
(5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required
(6) Permitted use on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP
(7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor
(8) A CUP is required for overnight board and care
(9) Neighborhood serving and open at lunch
(10) Allowed only on floors above -the ground floor
(I i) CUP required If part of the facility is outdoor and adjacent to a sensitive receptor
(12) Urgent care facilities may be located on the ground floor as a street fronting use
(13) Allowed only in a shopping center
(14) Permitted only on APN 137-061419 & APN 048-080-036 (Corona Rd. at North. McDowell Blvd.)
(15) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road
(16) See section 21.030 (Residential Uses Abutting Non -Residential Uses)