HomeMy WebLinkAboutStaff Report 3.F 10/05/2015Agenda Item #3.F
DATE: October 5, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Heather Hines, Planning Manager
SUBJECT: Adoption (Second Reading) 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 MUTA Zone and approving a Zoning Map Amendment to
rezone the property located at 307 Bodega Avenue from Mixed Use 1 C (MUI C)
to Mixed Use lA (MUTA).
RECOMMENDATION
It is recommended that the City Council adopt 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 IA (MUlA).
BACKGROUND
At their meeting of September 21, 2015, the City Council approved, by a vote of 6-0 (Albertson
absent), introduction of the ordinance to rezone the property located at 307 Bodega Avenue from
MU1C to MUTA and amend the language pertaining to the intent of the MUTA zone. No
modifications were made to the draft ordinance at the meeting.
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.
ATTACHMENT
1. Draft Ordinance, Zoning Map and Text Amendment
ATTACHMENT 1
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 MU1C 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 1 C to MU 1 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; sfrkethFe gh = deletion):
"MU 1 A, MI 1 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 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 toe corridors
such as East Washington Street, Petaluma Boulevard North, Bodega 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.
• 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 MUl 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 MU1 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:
MU 1 A, MI 1 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 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 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 21 st day of September, 2015.
ADOPTED this [insert day] of [insert month], 2015 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
David Glass, Mayor
ATTEST:
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney