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HomeMy WebLinkAboutStaff Report 6.A 01/25/2016Agenda Item #6.A z85s DATE: January 25, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager Jacqueline Vance, Assistant Planner SUBJECT: Introduction of an Ordinance 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 RECOMMENDATION It is recommended that the City Council introduce an Ordinance 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 BACKGROUND The project site is comprised of two narrow parcels that run along the southern edge of East Washington Creek near Greenbriar Circle (Figure 1). These two parcels exhibit a General Plan land use designation of Open Space (OS). As part of the previously approved Addison Ranch project, the two subject parcels were inadvertently rezoned from Open Space -Park (OSP) to Residential 4 (R4) as part of the rezone of 30 parcels encompassed in the Addison Ranch residential development (City Council Ordinance No. 2509, Attachment 4). Ordinance No. 2509 specifically references the APN for these two parcels and therefore a zoning map amendment was brought before the Planning Commission for recommendation to the City Council for approval. Page I 1 On December 8, 2015, the Planning Commission considered this request at a duly noticed public hearing. The Planning Commission unanimously approved a resolution recommending that the City Council adopt an Ordinance approving the Zoning Map Amendment (Attachment 2). The Planning Commission staff report and meeting minutes are included as Attachment 3. DISCUSSION The requested Zoning Map Amendment is to correct the inadvertent rezone of these two city - owned parcels from OSP to R4 as part of the Addison Ranch project. Returning the zoning of the two parcels to the OSP Zone is consistent with the existing Open Space land use designation and General Plan policies related to creek/natural resource protection. The analysis below briefly discusses the proposed changes in relation to adopted policy. Page 12 The proposed Zoning Map Amendment would return these two parcels to their historic zoning designation of OSP. Since these parcels were inadvertently rezoned from OSP to R4, the current development standards of the R4 Zone are not appropriate for this stretch of City -owned land along East Washington Creek. The proposed OSP zoning designation will ensure that the zoning and General Plan land use designations are consistent with one another, as the General Plan designates this land for open space. According to the IZO, the OSP zone applies to undeveloped areas for the preservation of natural resources to be maintained in open space for the protection of public health and safety. The IZO also identifies the OSP Zone as being consistent with and implementing the Open Space land use classifications of the General Plan. The current R4 zoning designation of these parcels applies to areas intended for a variety of housing types up to 18.0 dwelling units per acre. Evidently, the R4 zone is not characteristic of these two parcels and was an unintended modification under the Addison Ranch Zoning Map Amendment. Therefore, this entitlement would bring these parcels back into conformity with applicable policies and ensure that it is used as intended for a natural buffer between the creek and nearby residential. The proposed Zoning Map Amendment is consistent with the following General Plan goals, policies, and programs. 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. 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 significant habitat areas, vernal pools, or wetlands exist. Development shall not occur within this setback, except as part of greenway enhancement (for example, trails and bikeways). Where there is degradation within the zone, restoration of the natural creek channels and riparian vegetation is mandatory at time of adjacent development. 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. On December 8, 2015, the Planning Commission held a duly noticed public hearing to consider the requested Zoning Map Amendment, whereas no public comment was provided. On January 14, 2016, 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 not received any comments or inquiries. Page 13 The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (Review for Exemption, General Rule). The proposed Zoning Map Amendment involves an existing undeveloped property, whereas there is no possibility that the project may have a significant effect on the environment. FINANCIAL IMPACTS This project is a City- initiated entitlement to correct a previous error in rezoning associated with the Addison Ranch project. This project is not associated with a Cost Recovery account and therefore has been processed under Base Level hours. ATTACHMENTS 1. Draft Ordinance Approving a Zoning Map Amendment 2. Planning Commission Resolution No. 2015 -22 3. Planning Commission Staff Report and Meeting Minutes— December 8, 2015 4. Ordinance No. 2509 Page 14 ATTACHMENT 1 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 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 January 25, 2016, the City Council held a duly noticed public hearing to consider the proposed Zoning Map and Zoning Text Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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: 1. 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. 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 3. 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 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. 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 day of , 2016. ADOPTED this [insert day] of [insert month], 2016 by the following vote: Ayes: Noes: Abstain: Absent: David Glass, Mayor l -- 2 ATTEST: APPROVED AS TO FORM: Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney 1 -�5 ATTACHMENT 2 RESOLUTION 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: i. 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 2 -1 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. . 2. 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 8ih 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 Xo&) H a her Hines, 56mmission Secretary Jkfilyn LA, ChaifJ APP RED VED ASrTO FORM; Eric W. Danly, (Ny Attorney Planning Commission Resolution No. 2015 -22 Page 2 DATE: TO: FROM: REVIEWED BY SUBJECT December 8, 2015 Planning Commission Jacqueline Vance, Assistant Planner Heather Hines, Planning Manager ATTACHMENT 3 AGENDA ITEM NO. 9A Zoning Map Amendment to change the zoning from Residential 4 (R4) to Open Space (OSP) of two city -owned parcels adjacent to East Washington Creek 200 Greenbriar Circle APNS 007- 610 -030 and 007 - 610 -032 FILE NO. PLZM -15 -0002 RECOMMENDATION It is recommended that the Planning Commission adopt a resolution (Attachment A) recommending that the City Council adopt a Zoning Map Amendment to rezone two city -owned parcels (APNs 007 - 610 -030 and 007 - 610 -032) adjacent to East Washington Creek from R4 to OSP. BACKGROUND General Overview The project site is two narrow parcels that run along the southern edge of East Washington Creek near Greenbriar Circle (Figure 1). These two parcels exhibit a General Plan land use designation of Open Space (OS). As part of the previously approved Addison Ranch project, the two subject parcels were inadvertently rezoned from Open Space -Park (OSP) to Residential 4 (R4) as part of the rezone of the 30 parcels encompassed in the Addison Ranch site (City Council Ordinance No. 2509, Attachment B). Ordinance No. 2509 specifically references the APN for these two parcels and therefore must be brought back before the Planning Commission for recommendation and City Council for approval. 3 —k Page I 1 Procedural Requirements A Zoning Map Amendment 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. 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. Page 12 -5- Z STAFF ANALYSIS Proiect Description The requested Zoning Map Amendment is to correct the inadvertent rezone of these two city - owned parcels from OSP to R4 as part of the Addison Ranch project. Rezoning the two parcels back to the OSP Zone is consistent with the existing Open Space land use designation and General Plan policies related to creek/natural resource protection. The analysis below briefly discusses the proposed changes in relation to adopted policy. Implementing Zoning Ordinance The proposed Zoning Map Amendment would return these two parcels to their historic zoning designation of OSP. Since these parcels were inadvertently rezoned from OSP to R4, the current development standards of the R4 Zone are not appropriate for this stretch of city -owned land along East Washington Creek. The proposed OSP zoning designation will ensure that the zoning and General Plan land use designations are consistent with one another, as the General Plan designates this land for open space. According to the IZO, the OSP zone applies to undeveloped areas for the preservation of natural resources to be maintained in open space for the protection of public health and safety. The IZO also identifies the OSP Zone as being consistent with and implementing the Open Space land use classifications of the General Plan. The current R4 zoning designation of these parcels is meant to apply to areas intended for a variety of housing types up to 18.0 dwelling units per acre. Evidently, the R4 zone is not characteristic of these two parcels and was an unintended modification under the Addison Ranch Zoning Map Amendment. Therefore, this entitlement would bring these parcels back into conformity with applicable policies and ensure that it is used as intended for a natural buffer between the creek and nearby residential. General Plan Consistency The proposed Zoning Map Amendment is consistent with the following General Plan goals, policies, and programs. 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. 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 significant habitat areas, vernal pools, or wetlands exist. Development shall not occur within this setback, except as part of greenway enhancement (for example, trails and bikeways). Where there is degradation within the zone, restoration of the natural creek channels and riparian vegetation is mandatory at time of adjacent development. Page 13 3 -3 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. PUBLIC COMMENTS On November 26, 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 not received any comments or inquiries. ENVIRONMENTAL REVIEW The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (Review for Exemption, General Rule). The proposed Zoning Map Amendment involves an existing undeveloped property, whereas there is no possibility that the project may have a significant effect on the environment. ATTACHMENTS Attachment A: Draft Resolution recommending adoption of a Zoning Map Amendment Attachment B: Ordinance No. 2509 Page 14 3 -4 Page 1 of 8 CITY OF PETALUMA, CALIFORNIA ' 1xv- X44 g REGULAR MEETING OF THE PLANNING COMMISSION City Hall Council-Chambers 11 English Street Petaluma, CA 94952 MINUTES Tuesday, December 8, 2015 1. CALL TO ORDER 2. ROLL CALL PRESENT:Diana Gomez, Gina Benedetti - Petnic, Bill Wolpert, Jennifer Pierre, and Jocelyn Yeh Lin. ABSENT: Richard Marzo, and Council Member Teresa Barrett. 3. PUBLIC COMMENT The Committee will hear public comments only on matters over which it has jurisdiction. There will be no Committee /Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. 4. PRESENTATION A. N/A 5. COMMISSION COMMENT A. Council Liaison - Teresa Barrett No Report was made. 3S http: // Petaluma .granicus.com /MinutesViewer.php ?view id =31 &clip _ id = 2043 &doc_id =6f... 1/19/2016 Page 2 of 8 B. Pedestrian and Bicycle Committee - Jocelyn Lin Chair Lin stated that she was not at the last meeting and had nothing to report. C. Tree Advisory Committee - Gina Benedetti - Petnic Gina Benedetti - Petnic reported that the Tree Advisory Committee met on November 18th and reviewed the East Washington Ballpark tree planting plans to provide recommendations to staff. The Committee spoke about Arbor Day 2016 and the venue for next year. They also discussed the fire blight issue due to the drought and created a subcommittee to provide information and advice for maintaining trees. The committee will be revisiting the street tree list in order to keep consistent with water consumption guidelines. D. Other Committee Comment Chair Lin 6. STAFF COMMENT A. Planning Manager's Report Planning Manager, Heather Hines, reported that at their last meeting, City Council had a first reading of an ordinance' introducing new water efficient landscaping standards. Staff is working to implement the local and State standards into the development review process. Council also approved Keller Court Commons Final map. She pointed out that many projects are quickly turning around and getting their building permits, such as Brewster's Garden, Cader Corporate Center, Maria Drive apartments and Altura Apartments. At the next meeting on December 22nd, there will be two items on the agenda and both meetings in January have items. Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Eric Danly, City Attorney Ms. Hines Chair Lin Ms. Hines Chair Lin Ms. Hines Chair Lin 7. APPROVAL OF MINUTES 3 -(p http://petaluma.granicus.com/MinutesViewer.php?view—id=3 1&c1ipjd=2043&doc—id=6f.. 1/19/2016 Page 3 of 8 A. Approval of Minutes of Regular Planning Commission Meeting of Tuesday, November 10, 2015. Chair Lin 8. OLD BUSINESS A. N/A 9. NEW BUSINESS A. 200 Greenbriar Circle - Zoning Map Amendment to change the zoning of two city -owned parcels adjacent to East Washington Creek from Residential 4 (R4) to Open Space (OSP). Project Location: 200 Greerbriar Circle File Number: PLZM -15 -0002 Staff: Jacqueline Vance, Assistant Planner 200 Greenbriar Staff Report , Attachment A - Resolution Exhibit A Attachment B - Resolution Ms. Hines Jacqueline Vance, Assistant Planner Chair Lin Motion to Approve Zoning Map Amendment to change the zoning of two city -owned parcels adjacent to East Washington Creek from Residential 4 (R4) to Open Space (OSP) located at 200 Greenbriar Circle made by Jennifer Pierre, seconded by Gina Benedetti - Petnic. Vote: Motion carried 5 - 0. Yes: Diana Gomez, Gina Benedetti - Petnic, Bill Wolpert, Jennifer Pierre, and Jocelyn Yeh Lin. Absent: Richard Marzo, and Council Member Teresa Barrett. Chair Lin B. North McDowell Commons - Zoning Map Amendment to change the zoning from Medium Density Residential (R4) to Planned Unit District (PUD) and Tentative Subdivision Map to subdivide the existing parcel into nine parcels. Project Location: 718 & 750 3_1 http:// Petaluma. granicus.e.onilMinutesViewer.php ?view id =31 &clip _ id = 2043 &doc id =6E.. 1/19/2016 Page 4 of 8 N. McDowell Blvd. File Number: PLMA -15 -0005 Staff: Emmanuel Ursu, Principal Planner North McDowell Commons Staff Report,K��7 Attachment A - ZMA Resolution Attachment B - TSM Resolution Attachment C - Staff Report 5 -28 -2013 rr Attachment D - Planning Commission Resolution 2013 -10 5 -28 -2013 Attachment E - Planning Commission Resolution 2013 -09 5 -28 -2013 Attachment F - Project Narrative Attachment G - Public Comments ` Attachment H - Project Plans Chair Lin Ms. Hines Emmanuel Ursu, Principal Planner Chair Lin Tatiana Dubinin, resident of Woodside Circle, has concern about parking and access. There is no parking on either side of the road near the construction site and workers are parking their cars and blocking the road. Chair Lin Justin and Annabel Naber, residents of Sunrise Parkway, have concerns about parking in the area of the construction project. They stated that many people from outside of area park their cars in the neighborhood which has become a serious problem. Hugh Futrell, project applicant Chair Lin Ms. Hines Chair Lin Commissioner Pierre Mr. Futrell Chair Lin Curt Bates, City Engineer Chair Lin Commissioner Wolpert Mr. Bates Chair Lin http:// petaluma. granicus. com/ MinutesViewer .php ?view_id= 31 &chp_id= 2043 &doc id =6f... 1/19/2016 Mr. Bates Commissioner Benedetti - Petnic Mr. Bates Commissioner Benedetti - Petnic Mr. Bates Commissioner Benedetti- Petnic Mr. Bates Commissioner Benedetti - Petnic Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Chair Lin Ms. Hines Commissioner Gomez Mr. Ursu Ms. Hines Commissioner Gomez Mr. Ursu Commissioner Benedetti - Petnic Ms. Hines Commissioner Gomez Mr. Ursu Commissioner Gomez Mr. Ursu Ms. Hines Commissioner Gomez Mr. Ursu Commissioner Gomez Mr. Ursu Commissioner Gomez Mr. Ursu Ms. Hines Mr. Ursu Commissioner Gomez Commissioner Wolpert Mr. Futrell Commissioner Wolpert Mr. Ursu Commissioner Wolpert Mr. Danly Commissioner Wolpert Page 5 of 8 3 -1 http://petaluma.grardeus.com/.N4inutesViewer.php?view—id=3 I&c1ipjd=2043&doc id =6f... 1/19/2016 Mr. Ursu Commissioner Wolpert Mr. Ursu Ms. Hines Mr. Ursu Commissioner Wolpert Commissioner Pierre Ms. Danly Ms. Hines Mr. Ursu Commissioner Wolpert Mr. Ursu Commissioner Wolpert Chair Lin Ms. Hines Ms. Futrell Commissioner Pierre Ms. Hines Mr. Futrell Commissioner Wolpert Mr. Futrell Commissioner Wolpert Ms. Hines Commissioner Wolpert Mr. Futrell Commissioner Wolpert Mr. Futrell Commissioner Wolpert Chair Lin Commissioner Pierre Commissioner Wolpert Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Mr. Danly Ms. Hines Mr. Danly Commissioner Pierre Chair Lin Commissioner Benedetti - Petnic Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Commissioner Wolpert Commissioner Pierre Mr. Danly Page 6 of 8 3-10 http: / /Petaluma.granicus. corn /Minutesviewer.Php ?view_id =31 &clip _ id = 2043 &doc id =6f... 1/19/2016 Page 7 of 8 Commissioner Pierre M,r. Danly Commissioner Gomez Chair Lin Commissioner Gomez Chair Lin Commissioner Gomez Chair Lin Commissioner Gomez Mr. Futrell Chair Lin Mr. Futrell Chair Lin Commissioner Gomez Mr. Futrell Commissioner Gomez Mr. Futrell Commissioner Gomez Mr. Futrell Chair Lin Commissioner Wolpert Ms. Hines Commissioner Benedetti - Petnic Mr. Futrell Commissioner Benedetti - Petnic Mr. Futrell Chair Lin - Commissioner Gomez Chair Lin Commissioner Benedetti - Petnic Commissioner Wolpert Chair Lin Ms. Hines Commissioner Wolpert Chair Lin Ms. Hines Chair Lin Ms. Hines Chair Lin Motion to Approve Zoning Map Amendment (with modifications) to change the zoning from Medium Density Residential (R4) to Planned Unit District (PUD) for North McDowell Commons project at 718 & 750 N. McDowell Blvd. made by Jocelyn Yeh Lin, seconded by Bill Wolpert. Vote: Motion carried 4 - 1. Yes: Diana Gomez, Gina Benedetti - Petnic, Bill Wolpert, and Jocelyn Yeh Lin. ? -1 l http:// petaluma. granicus.coin /MinutesViewer.php ?view id= 31 &chp_id= 2043 &doe id =6f... 1/19/2016 Page 8 of 8 No: Jennifer Pierre. Absent: Richard Marzo, and Council Member Teresa Barrett. Motion to Approve Tentative Subdivision Map to subdivide the existing parcel into nine parcels for the North McDowell Commons project at 718 & 750 N. McDowell Blvd. made by Jocelyn Yeh Lin, seconded by Diana Gomez. Vote: Motion carried 4 - 1. Yes: Diana Gomez, Gina Benedetti - Petnic, Bill Wolpert, and Jocelyn Yeh Lin. No: Jennifer Pierre. Absent: Richard Marzo, and Council Member Teresa Barrett. Commissioner Wolpert Chair Lin Ms. Hines 10. ADJOURN Next Meeting of the Joint Historic and Cultural Preservation Committee /Planning Commission scheduled for Tuesday, December 22, 2015. -3-12- http://petaluma.granicus.com/MinutesViewer.php?view—id=3 I&cIipjd=2043&doc id =6f... 1/19/2016 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 ATTACHMENT 4 EFFECTIVE DATE ORDINANCE NO. 2509 N.C.S. OF ORDINANCE October 9, 2014 Introduced by Seconded by David Glass Teresa Barrett ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N,C. S., TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT 200 GREENBRIAR CIRCLE FROM PLANNED UNIT DEVELOPMENT (PUD) TO R -4 APN 007 - 610 -001 THROUGH 032 FILE NO. 13 -SPC -0122 WHEREAS, Gary Whitesides, with GALA Construction, submitted an application (13 -SPC- 0122) to the City of Petaluma for a Zoning Map Amendment and Site Plan and Architectural Review for the property located at 200 Greenbriar Circle, APN 007 -61 -001 through 032 ( "the Project" or the "proposed Project "), and, WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider the proposed Implementing Zoning Ordinance amendment on June 17, 2014 and adopted Resolution No. 2014 -014; and, WHEREAS, on August 4, 2014, the City Council held a duly noticed public hearing to consider the proposed Zoning Amendment; and, WHEREAS, on August 4, 2014, the City Council reviewed the CEQA evaluation for the Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act and the City of Petaluma Environmental Guidelines; and, WHEREAS, based on the City Council's review and consideration of the entire record concerning the proposed zoning map amendment for the property located at 200 Greenbriar Circle (APN 007 -061 -001 through -032), City council finds as follows: 1. The R -4 zoning designation will result in a use that is appropriate and compatible with surrounding uses. The R -4 zoning district is consistent with the existing General Plan designation for the site of Medium Density Residential (8.1 to 18 dwelling units per acre) and will facilitate development within this density range. A mix of residential development from low density to high density residential surrounds the site. The Ordinance No, 2509 N.C.S. y- l Page I 1 project is consistent with the established character of the surrounding neighborhoods 2 and the character within the South East Planning Subarea of the General Plan. 3 4 2. The R -4 zoning designation will allow for the development of infill housing on land 5 within the Urban Growth Boundary. The General Plan proposes development of 6 approximately 6,000 additional residential units and a build out population of 7 approximately 72,700. This represents an annual growth of rate of nearly 1.2% per 8 year. 9 10 3. Approval of the requested zoning map amendment facilitates implementation of the 11 General Plan 2025, provides compatibility with the surrounding neighborhood, and 12 provides housing development consistent with the City's adopted Housing Element, 13 The zoning amendment serves the public convenience, necessity, and general 14 welfare by implementing zoning consistent with adopted plans, policies, and zoning 15 code regulations. The proposed project would also require Site Plan and 16 Architectural Review approval by the Planning Commission for the proposed 17 development. 18 19 4. The requirements of the California Environmental Quality Act (CEQA) have been 20 satisfied through the preparation of a Mitigated Negative Declaration for the Project. 21 Mitigation measures have been proposed and agreed to by the applicant that will 22 reduce potential impacts to less than significant. 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 26 FOLLOWS: 27 28 Section 1. The City Council finds that a Mitigated Negative Declaration and Mitigation 29 Monitoring Plan for this project has been prepared, circulated and adopted by the City Council 30 in accordance with State Law. 31 32 Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby 33 amended to modify the zoning district of the property located at 200 Greenbriar Circle (APN 34 007 -61 -001 through 032) to R -4. 35 36 Section 3. Severability. If any provision of this ordinance or the application thereof to 37 any person or circumstance is held invalid, the remainder of the ordinance, including the 38 application of such part or provision to other persons or circumstances shall not be affected 39 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are 40 severable. The City Council hereby declares that it would have passed each section, 41 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact 42 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or 43 phrases be held unconstitutional, invalid, or unenforceable. 44 45 Section 4. This ordinance shall become effective thirty (30) days after the date of its 46 adoption by the Petaluma City Council. 47 48 Section 5. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or 49 publish this ordinance or a synopsis of it for the period and in the manner required by the City 50 Charter. 51 52 INTRODUCED and ordered posted /published this 41h day of August, 2014. 53 Ll -2 Ordinance No, 2509 N.C.S. Page 2 1 2 3 4 5 6 7 8 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 48 49 50 51 52 53 ADOPTED this 81h day of September, 2014 by the following vote: Ayes: Albertson, Barrett, Mayor Glass, Harris, Healy, Vice Mayor Kearney, Miller Noes: None Abstain: None Absent: None I':I !111111081 L alh=zk�2 0�n - Claire Cooper, CMC, City Clerk avid Glass, Mayor APPROVED AS TO FORM: a: �'- -'. - A Eric W. Danly, City Attojr, ey Ordinance No. 2509 N.C.S. y -3 Page 3