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Home My WebLink AboutOrdinance 2555 N.C.S. 10/05/20151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 EFFECTIVE DATE ORDINANCE NO. 2555 N.C.S. OF ORDINANCE November 5, 2015 Introduced by Seconded by Kathy Miller Gabe Kearney 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 21 WHEREAS, on August 11, 2015, the Planning Commission recommended approval of the 22 Zoning Map Amendment to change the zoning of the property located at 307 Bodega Avenue 23 from MU 1 C to MU 1 A; and 24 WHEREAS, on August 11, 2015, the Planning Commission recommended approval of the 25 Zoning Text Amendment to modify Implementing Zoning Ordinance Section 4.020(L) as follows 26 (underline = text addition; striiefhrough = deletion): 27 "MU 1 A, M11 B, MU 1 C (Mixed Use 1) zone. The MU] zone is applied to areas intended for 28 pedestrian- oriented, mixed -use development with ground -floor retail or office uses adjacent to 29 the Downtown Core, and in other areas of the city where existing auto - oriented commercial 30 areas are intended for improvement into pedestrian- oriented mixed use development. The MU 1 31 zone is consistent with and implements the Mixed Use land use classification of the General Plan, 32 which establishes a maximum floor area ratio of 2.5 for both residential and non - residential uses 33 within the classification, and a maximum density of 30 units per acre for residential. 34 Mixed Use 1 A zone. This zone is applied to parcels located along the corridors 35 such as East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street 36 c�rriders. The parcels in these zones vary in size and are typically located adjacent to residential 37 zones. 38 Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along 39 major arterial roadways. The larger parcel size should allow for a mix of uses on the site. Ordinance No. 2555 N.C.S. Page 1 1 Mixed Use 1 C zone. This zone is applied to smaller parcels located in West 2 Petaluma. Most of these parcels are located in residential areas and the intensity of the uses 3 permitted in this zone is limited; and 4 WHEREAS, on September 21, 2015 the City Council held a duly noticed public hearing to 5 consider the proposed Zoning Map and Zoning Text Amendments; and 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 7 FOLLOWS: 8 9 Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on 10 the Planning Commission's recommendation, City staff report and public hearing, the City 11 Council adopts the Zoning Map and Zoning Text Amendments, as described above and set 12 forth herein, based on the findings made below: 13 14 1. The proposed amendment to the Implementing Zoning Ordinance to Rezone the 15 subject parcel (APN 006 - 301 -025) to MU 1 A is, pursuant to Implementing Zoning 16 Ordinance Table 2 -1, consistent with and implements the Mixed Use land use 17 classification of the General Plan as already existing for the parcel. 18 2. The amendment to Implementing Zoning Ordinance Section 4.020(L) to add 19 reference to Bodega Avenue is necessary to ensure the ordinance is internally 20 consistent. 21 3. The proposed rezoning would result in uses that are appropriate and compatible with 22 existing surrounding uses. The project is consistent with the established character of 23 the surrounding neighborhood and the intent of the West Planning Subarea of the 24 General Plan. 25 4. The proposed rezoning to MU 1 A is consistent with the following Petaluma General 26 Plan policies: Goal 2 -P -17 (West Planning Subarea), Policy 2 -P -113 (Pedestrian 27 Connections), Policy 2 -P -117 (Historic Districts), Policy 1 -P -1 (Land Use in UGB), Policy 1- 28 P -2 (Infill Development), Policy 1 -P -6 (Mixed -Use Development & Transit Access), 29 Policy 2 -P -1 (Development in UGB), Policy 2 -P -3 (Petaluma's Heritage), Policy 2 -G -15 30 (Density Mix), Policy 9 -P -13 (Retail Base Expansion), Policy 9 -P -14 (Retail Uses & Sites) 31 and Policy 9 -P -16 (Strengthen Retail Connections). 32 5. The public necessity, convenience and general welfare clearly permit and will be 33 furthered by the proposed amendment because it will allow the operation of 34 neighborhood commercial uses that have historically occupied the subject property 35 and which presently have the potential to serve resident's daily needs in proximity to 36 their homes. Because the site of the existing building at the subject property is 37 comparable to residences in the surrounding neighborhood, the zoning amendments 38 would result in an intensity of use not incompatible with nearby residences. Potentially 39 incompatible uses that would result from the rezone are subject to prior approval of a 40 Conditional Use Permit, the granting of which could not be made without, amongst 41 other findings, that neighborhood compatibility would result. 42 6. The requirements of the California Environmental Quality Act (CEQA) have been 43 satisfied through the determination that the zoning amendments are categorically Ordinance No. 2555 N.C.S. Page 2 1 exempt from CEQA pursuant to CEQA Guidelines § 15301 (Existing Facilities) and also 2 not subject to any exceptions to use of a Categorical Exemption provided at CEQA 3 Guidelines §15300.2 (Exceptions). 4 Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby 5 amended to modify the zoning district of the property located at 307 Bodega Avenue (APN 006- 6 301 -025) from MU1C to MUTA. 7 8 Section 3. Implementing Zoning Ordinance Section 4.020(L) is hereby amended as 9 follows: 10 MU 1 A, M11 B, MU 1 C (Mixed Use 1) zone. The MU 1 zone is applied to areas intended for 11 pedestrian- oriented, mixed -use development with ground -floor retail or office uses adjacent to 12 the Downtown Core, and in other areas of the city where existing auto - oriented commercial 13 areas are intended for improvement into pedestrian- oriented mixed use development. The MU 1 14 zone is consistent with and implements the Mixed Use land use classification of the General Plan, 15 which establishes a maximum floor area ratio of 2.5 for both residential and non - residential uses 16 within the classification, and a maximum density of 30 units per acre for residential. 17 Mixed Use 1 A zone. This zone is applied to parcels located along corridors such as 18 East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street. The 19 parcels in these zones vary in size and are typically located adjacent to residential zones. 20 0 Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along 21 major arterial roadways. The larger parcel size should allow for a mix of uses on the site. 22 Mixed Use 1 C zone. This zone is applied to smaller parcels located in West 23 Petaluma. Most of these parcels are located in residential areas and the intensity of the uses 24 permitted in this zone is limited. 25 26 Section 4. Severability. If any provision of this ordinance or the application thereof to 27 any person or circumstance is held invalid, the remainder of the ordinance, including the 28 application of such part or provision to other persons or circumstances shall not be affected 29 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are 30 severable. The City Council hereby declares that it would have passed each section, 31 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact 32 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or 33 phrases be held unconstitutional, invalid, or unenforceable. 34 Section 5. This ordinance shall become effective thirty (30) days after the date of its 35 adoption by the Petaluma City Council. 36 Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or 37 publish this ordinance or a synopsis of it for a period and in the manner required by the City 38 Charter. 39 INTRODUCED and ordered posted this 21St day of September, 2015. 40 ADOPTED this 5th day of October, 2015 by the following vote: 41 42 Ayes: Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller 43 Noes: None 44 Abstain: None Ordinance No. 2555 N.C.S. Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Absent: None TEST: Claire Cooper, CMC, City Cler Ordinance No. 2555 N.C.S. Page 4