The URL can be used to link to this page

Home My WebLink AboutPlanning Commission Resolution 2015-22 12/08/2015RESOLUTION NO. 2015-22 CITY OF PETALUMA PLANNING COMMISSION A RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A ZONING MAP AMENDMENT TO REZONE TWO CITY -OWNED PARCELS (APNs 007-610-030 and 007-610-032) LOCATED ADJACENT TO EAST WASHINGTON CREEK FROM RESIDENTIAL 4 (R-4) TO OPEN SPACE -PARK (OSP) FILE NO. PLZM-15-0002 WHEREAS, the parcels were inadvertently rezoned to R4 as part of the Zoning Map Amendment for the Addison Ranch project, as adopted in City Council Ordinance No. 2509 on September 8th, 2014; and WHEREAS, the City initiated a Zoning Map Amendment to correct the inadvertent zoning change and rezone the subject parcels from the R-4 Zone to the OSP Zone; and WHEREAS, pursuant to Implementing Zoning Ordinance 25.050, the City's Planning Commission held a duly noticed public hearing to consider the proposed Zoning Map Amendment on December 8, 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated December 8, 2105, 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 Map Amendment, attached hereto as Exhibit A, based on the following findings: a. The proposed OSP zoning is consistent with the existing Open Space land use designation of the two parcels; and b. The proposed Zoning Map Amendment is consistent with the following Petaluma General Plan policies and programs: Policy 2-P-106: Preserve and improve open space resources by enhancing creek ecology along East Washington and Adobe Creeks. The project would enhance creek ecology along East Washington Creek by rezoning the two subject parcels from R4 to OSP, whereas the OSP zone calls for a much greater degree of preservation of natural resources that the R4 zone. ii. Program 4-P-1 (D): Create setbacks for all tributaries to the Petaluma River extending a minimum of 50 feet outward from the top of each bank, with extended buffers where Planning Commission Resolution No. 2015-22 Page 1 significant habitat areas, vernal pools, or wetlands exist. Development shall not occur within this setback, except as part of a greenway enhancement. The proposed zoning map amendment would ensure that the zoning and land use designations of these parcels are consistent with one another in order to protect natural resources on the site and nearby. The rezone will also help ensure that development does not occur within the required creek buffer zone. . The proposed Zoning Map Amendment is consistent with the public necessity, convenience and general welfare because it will preserve the open space buffer along East Washington Creek, provide adequate separation between the creek and the neighboring multi -family development, encourage riparian habitat by limiting development potential, and enhance the use and enjoyment of the creek. The zoning amendments will return the zoning to its previous designation and correct the inadvertent rezoning of the city -owned parcels. The Planning Commission reviewed the application and determined it to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) (General Rule). The project involves an existing undeveloped property and does not propose any new development or facilitate any future development of the property that may have a significant effect on the environment. ADOPTED this 8th day of December, 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 H fa-fher Hines, Tmmission Secretary J lyn LA, Chai APPR VED AS 1`O FORM: ,fes Eric W. Danly, Cily Attorney Planning Commission Resolution No. 2015-22 Page 2 EFFECTIVE DATE ORDINANCE NO. N.C.S. OF ORDINANCE Introduced by EXHIBIT A Seconded by ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE TO CHANGE THE ZONING OF TWO CITY OWNED PARCELS ADJACENT TO EAST WASHINGTON CREEK APNs 007-610-030 and 007-610-032 FILE NO. PLZM-15-0002 WHEREAS, the City of Petaluma initiated a Zoning Map Amendment (File No. PLZM-15- 0002) to rezone the two city -owned parcels adjacent to East Washington Creek (APNs 007-610- 030 and 007-610-032); and, WHEREAS, on December 8, 2015, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Amendments; and WHEREAS, on December 8, 2015, the Planning Commission recommended approving the Zoning Map Amendment to change the zoning of the property from R4 to OSP; 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 Amendment, 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 parcels (APNs 007-610-030 and 007-610-032) to OSP is, pursuant to Implementing Zoning Ordinance Table 2-1, consistent with and implements the Open Space land use classification of the General Plan as already existing for the parcel. 2. The proposed rezoning would limit uses as appropriate along East Washington Creek and is consistent with the established character of the surrounding neighborhood and the intent of the South East Planning Subarea of the General Plan. EXHIBIT A 3, The proposed rezoning to OSP is consistent with the following Petaluma General Plan policies: Policy 2-P-106 (Enhancing East Washington Creek) and Program 4 -P -1(D) (Creating Creek Setbacks). 4. The proposed Zoning Map Amendment is consistent with the public necessity, convenience and general welfare because it will preserve the open space buffer along East Washington Creek, provide, adequate separation between the creek and the neighboring multi -family development, encourage riparian habitat by limiting development potential, and enhance the use and enjoyment of the creek. The zoning amendments will return the zoning to its previous designation and correct the inadvertent rezoning of the city -owned parcels. 5. The requirements of the California Environmental Quality Act (CEQA) have been satisfied through the determination that the zoning amendment is categorically exempt from CEQA pursuant to CEQA Guidelines § 15061(b) (3) (General rule) 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 two city -owned parcels adjacent to East Washington Creek (APNs 007-610-030 and 007-610-032) from R4 to OSP. 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 [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 EXHIBIT A ATTEST; " al i O19AIZMIMMI • : I I Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney