HomeMy WebLinkAboutPlanning Commission Resolution 2015-08 08/11/2015RESOLUTION 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 1C (MU1C) TO
MIXED-USE 1A (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 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:
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:
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 MU 1 A Zone, the site could accommodate commercial uses (e.g., general
retail, personal services) that encourage pedestrian activity.
Planning Commission Resolution No. 2015-08 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 MUTA 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 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.
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.
Planning Commission Resolution No. 2015-08 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 Member
Aye
No
Absent
Abstain
Councilmember Barrett
X
Vice Chair Benedetti-Petnic
X
Gomez
X
Chair Lin
X
Marzo
X
Pierre
X
Wolpert
X
ATTEST:
'J elyn Lin Chair
APPROVED AS TO FORM:
H
at her Hines, C fnmission Secretary Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-08 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 1 C to MU 1 A; and
WHEREAS, on August 11, 2015, the Planning Commission recommended approving the
Zoning Map Amendment to change the designation of the property from MU 1 C to MU 1 A and a
Zoning Text Amendment to modify Implementing Zoning Ordinance Section 4.020(L) as follows
(underline = text addition; strikethreugh = deletion):
"MU 1 A, MI l 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 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 #lae corridors such
as East Washington Street, Petaluma Boulevard North, Bodecia Avenue and Lakeville Street
Eerriders. 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.
Planning Commission Resolution No. 2015-08 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:
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-1 13 (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).
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 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 M U I C to MUTA.
Section 3. Implementing Zoning Ordinance Section 4.020(L) is hereby amended as follows:
MU 1 A, MI l B, MU 1 C (Mixed Use]) 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 I A zone. This zone is applied to parcels located along corridors such as
the East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street
cerr+ders. 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 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/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 Page 7
ATTEST:
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
Planning Commission Resolution No. 2015-08 Page 8