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Home My WebLink AboutResolution 2016-052 N.C.S. 04/04/2016Resolution No. 2016 -052 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL GRANTING AN APPEAL AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY MODIFICATIONS TO THE GENERAL DEVELOPMENT PLAN FOR THE MARINA PLANNED COMMUNITY DISTRICT LOCATED AT THE PETALUMA MARINA APN: 005 - 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089 FILE NO: PLZT -15 -0001, PLSR -15 -0011 WHEREAS, Steven Lafranchi of Steven J. Lafranchi & Associates submitted an application to modify the General Development Plan for the Petaluma Marina Planned Commercial District ( "Marina PCD ") located at APN 005- 060 -053, -054, -059, -065, -070, -072, -079, -082, -084, -085, and -089, on behalf of property owner Petaluma Marina Office Investors, LLC, to amend and restate it in a manner that would enable construction of a proposed ninety (90) unit apartment building and other associated site improvements located at the northwest corner of the Petaluma Marina at APN 050- 060 -089 and 005- 060 -072; and WHEREAS, the submitted application includes a Site Plan and Architectural Review request and, pursuant to the modified Marina PCD General Development Plan, would also include a Conditional Use Permit request — all of which would be acted upon by the Planning Commission at a separate, subsequent public hearing; and WHEREAS, on December 22, 2015, the City's Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance §§ 19.040(E) and 19.070, to consider the application and at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 22, 2015, the Planning Commission considered the staff report dated December 22, 2015, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, on December 22, 2015, a motion before the Planning Commission to approve an amended General Development Plan for the Marina PCD resulted in a tie vote and, thereby, resulting in a de facto denial of the request under Implementing Zoning Ordinance §25.050; and WHEREAS, Implementing Zoning Ordinance (IZO) §25.050 (Amendments — Public Hearings of the Planning Commission) provides that, "Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as provided below," and, in response to the de facto Resolution No. 2016 -052 N.C.S. Page I denial, the applicant submitted, on December 29, 2015, a valid and timely appeal of the Planning Commission's action; and, WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the appeal of the Planning Commission's de facto denial was held by the City Council on April 4, 2016, where all persons interested had the opportunity to be heard; and, NOW, THEREFORE, BE IT RESOLVED by the City Council as follows: A. The City Council hereby grants the appeal and overturns the de facto denial by the Planning Commission and, pursuant to Implementing Zoning Ordinance § 19.040, the City Council adopts the proposed amendment to the General Development Plan of the Petaluma Marina Planned Commercial District ( "Marina PCD "), attached hereto as Exhibit A, based on the following findings required by Implementing Zoning Ordinance § 19.030: 1. The proposed amendment to the General Development Plan of the Marina PCD is, for the reasons discussed in the December 22, 2015 Planning Commission staff report and April 4, 2016 City Council staff report, consistent with the following Petaluma General Plan policies: Policy 1 -P -1 (Development Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy 1 -P -11 (Land Use Intensification); Policy 1 -P- 27 (Parking Solutions); Policy 2 -P -5 (Arterial Corridors); Policy 2 -P -11 (River Oriented Development); Goal 2 -G -5 (Lakeville Highway Connectivity); Policy 2 -P- 27 (Petaluma Marina - Land Uses); Policy 2 -P -30 (Petaluma Marina — Compatibility). 2. The project concerns an existing building site identified by the currently approved Marina PCD. The project would modify the planned building for this location by making it taller (i.e., from 2 to 3 stories up to 5 stories) and of a residential use. Existing parking and major landscaping features of the Marina PCD have already been installed and would be maintained in a substantially same condition by the project. The proposed location of residential uses is sufficiently removed from existing commercial uses to prevent incompatibility. Most existing commercial uses, including the Sheraton hotel, are primarily accessible from and interact with their east building elevation and abutting parking lot which do not face and are removed from the proposed apartment building. The closest commercial building facing the proposed apartments is located approximately 250 feet to the south and includes ground -level offices, recreational equipment rental, and a coffee shop. Concerning public use of the Petaluma Marina, twenty (20) parking spaces would be adjacent to the proposed apartment building and signed for exclusive use by boaters. Resolution No, 2016 -052 N.C.S. Page 2 This ensures the public's continued use of the marina (and Petaluma River) and an appropriate relationship between uses. Additionally, the submitted shared parking study demonstrates the reservation of parking eighty (80) parking spaces for apartment residents will not discourage public use of the marina nor employee and customer access to existing commercial uses. For all the reasons above, the project presents a unified and organized arrangement of buildings and service facilities which are appropriate in relation to adjacent or nearby properties and adequate landscaping and /or screening is included to insure compatibility. 3. The project concerns a site within an existing asphalt parking lot and, therefore, would not be located on natural habitat areas. The project is located nearby an open water channel that leads to the Petaluma River but would not alter any of the ornamental and natural vegetation present there. The project would result in the development of a new structure that would be highly visible from public vantage points but would not obstruct scenic vistas identified by the General Plan 2025 EIR. The project is not located near any General Plan EIR identified vistas and would not be visible from the Washington Street overpass, McNear Peninsula or Rocky Memorial Dog Park nor would the project block viewsheds of the hillsides, ridgelines or other important vistas such as open space. The project's location is intended for a building rather than public open space. Existing public open space at and around the Petaluma marina would be unaltered by the project. Submitted architectural plans indicate the project can accommodate adequate private (i.e., balconies) and shared open space (i.e., courtyard). For all the reasons above, the project would protect the natural and scenic qualities of its site, and adequate available public and private spaces are designated, where existing, and feasible, where applicable. 4. The project would result in more robust combination of mixed uses, as contemplated by the General Plan's Land Use Map Mixed Use designation, and'occur at a location within Petaluma's Urban Growth Boundary (UGB). The project is below the maximum floor - area -ratio permitted by the General Plan and, with the implementation of Mitigation Measure LU -1, will also comply with the permitted maximum residential density. General Plan Policy 2 -P -27 directs that, "Enable opportunities for a variety of synergistic and compatible uses adjacent to the Petaluma Marina," and Policy 2 -P -30, Resolution No. 2016 -052 N.C.S. Page 3 states, "Encourage new development between the Marina and Lakeville Highway to be compatible and synergistic with the Marina complex" The project would result in a greater variety of uses at the Petaluma Marina and, at this particular location and configuration of circulation and parking features, would not result in an incompatibility. The project's residential use may result in a complementary relationship by providing increased patronage of existing commercial uses. 5. For all the reasons above, the proposed amendment to the General Development Plan of the Marina PCD is consistent with the public necessity, convenience and general welfare. B. All carports for the proposed apartment building shall include solar panels for electricity generation. C. Prior to acting on this application, the City Council considered a Mitigated Negative Declaration (MND) prepared for the Project, and, based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council found that there is no substantial evidence that the Project as mitigated will have a significant effect on the environment, that the MND reflects the City's independent judgment and analysis, and that the MND, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A profiled,,' as to Council of the City of Petaluma at a Regular meeting on the 4`h day of April, 2016, i fok by the following vote: City orney AYES: Albertson, Healy, Kearney, Miller NOES: Barrett, Mayor Glass, Vice Mayor King ABSENT: None ABSTAIN: None ATTEST:, e: ~. City Clerk Mayor Resolution No. 2016 -052 N.C.S. Page 4 Exhibit A to Resolution 2016 -052 N.C.S. Petaluma Marina Planned Community District (PCD) Amended and Re- Stated April 4, 2016 Resolution No. 2016 -052 N.C.S. Page 5 This page intentionally left blank Resolution No. 2016 -052 N.C.S. Page 6 Petaluma Marina Planned Community District Table of Contents 1.0 Marina PCD 1.1 Purpose 2.0 Definitions 2.1 Purpose 2.2 Definitions of Specialized Terms and Phrases 2.3 Definition of Public Marina and Open Space Land Use Type 3.0 Applicability 3.1 Terms 3.2 Location 3.3 Effect of Prior Actions 3.4 Relationship to IZO 4.0 Land Use Districts 4.1 Purpose 4.2 Land Use Districts Established 4.3 Land Use District Map 4.4 Land Use District Purposes 5.0 Allowed Land Uses and Permit Requirements 6.0 Development Standards 7.0 Access & Parking 7.1 Purpose 7.2 Bicycle Parking 7.3 Vehicle Parking Spaces 7.4 IZO Provisions Not Applicable 8.0 PCD Modifications 9.0 Site Plan and Architectural Review (SPAR) 9.1 SPAR Procedures Exhibit A: Land Use District Map Resolution No, 2016 -052 N.C.S. Page 7 This page intentionally left blank Resolution No. 2016 -052 N.C.S. Page 8 1.0 Marina PCD 1.1 Purpose: The purpose of the Petaluma Marina Planned Community District ( "Marina PCD ") is to provide a mix of land uses that are compatible with public use of the marina facilities, and to foster public access to the marina facilities and connections to other open space areas within the community. 2.0 Definitions 2.1 Purpose: To establish the definitions of terms and phrases that are technical, specialized or that may not reflect common usage. 2.2 Definitions of Specialized Terms and Phrases: All specialized terms and phrases used in the Marina PCD are defined at City of Petaluma Implementing Zoning Ordinance ( "IZO ") Chapter 27 (Glossary), excepted as noted herein. 2.3 Definition of Public Marina and Open Space Land Use Type: Publicly owned land whose primary purpose is for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails. 3.0 Applicability 3.1 Terms: These regulations apply to all land uses, subdivisions, and development within the Marina PCD in the same manner provided at IZO §1.040 (Applicability of the Zoning Ordinance). 3.2 Location: These regulations are applicable to all properties within the PCD as shown at Exhibit A. 3.3 Effect of Prior Actions: The following actions were incorporated into the Marina PCD by City Council Resolution 2016 -052 N.C.S. and, except as provided in Section 10 below, shall no longer be in effect: a) City Council Resolution No. 91 -353 N.C.S. b) City Council Ordinance No. 1876 N.C.S. C) City Council Resolution No. 91 -365 N.C.S. d) City Council Resolution No. 91 -113 N.C.S. e) City Council Resolution No. 98 -247 N.C.S. f) August 23, 2004 Minor Marina PCD Amendment 3.4 Relationship to IZO: Except as noted herein, when the Marina PCD is silent on a matter, the IZO shall apply. The Marina PCD shall apply in all other cases. 4.0 Land Use Districts Resolution No. 2016 -052 N.C.S. Page 9 4.1 Purpose: To precisely indicate the areas to be used for each particular land use within the Marina PCD. 4.2 Land Use Districts Established: The Marina PCD is divided into two land use districts: a) Public Marina and Open Space District b) Marina Support District 4.3 Combining District Established: A portion of the Marina Support District within the Marina PCD is subject to one combining district: a) Parking Combining District 4.4 Land Use District Map: The boundary of each land use district and overlay district is shown on Exhibit B. 4.5 Land Use District and Combining District Purposes: The purpose of each land use district and combining district within the Marina PCD is as follows: a) Public Marina and Open Space District — To provide for uses consistent with public trust ownership such as water - related commerce and recreation, navigation, fisheries, recreation, and open space. Uses and development in this district require a site on, or adjacent to, the Petaluma River to function at all or materially facilitate public access to open space and trails. b) Marina Support District — To provide for a variety of synergistic and compatible land uses adjacent to the Petaluma Marina. C) Parking Combining District — To provide an adequate number of unreserved and reserved off - street parking spaces, both privately and publicly owned, to facilitate access to all land uses within the PCD, including the Petaluma Marina. 4.6 Combining District Regulations: Land use within the Parking Combining District shall be restricted to off- street vehicle, bicycle parking both day use and long -term, as well as short -term parking for vehicles with boat trailers. Resolution No. 2016 -052 N.C.S. Page 10 5.0 Allowed Land Uses and Permit Requirements Table 5.1 Allowed Land Uses and Permit Requirements P Permitted Use CUP Conditional Use Permit Required S Permit Requirement in specific Use Regulations — Use Not Allowed LAND USE TYPE Permit, Required by Zone Specific Use .Regulations Public Marina and ;Open Space District Marina Support District PUBLIC TRUST LANDS Public Marina and Open Space P P LODGING Lodging - Hotel /Motel – P RECREATION, EDUCATION & PUBLIC ASSEMBLY Commercial Recreation - Indoor – CUP Fitness /Health Facility — P School - Specialized Education and Training — CUP Studio - Art, Dance, Martial Arts, Music, etc. – P RESIDENTIAL Dwelling, Multiple – CUP Home Occupation – S(1) IZO §7.050 RETAIL Artisan Shop – P General Retail – P Restaurant, Cafe, Coffee Shop – P SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM – P Bank, Financial Services – P Business Support Service – P Medical Services - Minor - -- P Office - Business, Service, or Government - -- P Office - Professional, Administrative – P SERVICES - GENERAL Personal Services – P Notes: (1) Permitted within Dwelling, Multiple use. Resolution No. 2016 -052 N.C.S. Page I 1 6.0 Development Standards Resolution No, 2016 -052 N.C.S. Page 12 REQUIREMENT BY DISTRICT DEVELOPMENT FEATURE PUBLIC MARINA AND OPEN SPACE DISTRICT MARINA SUPPORT DISTRICT LOT SIZE Minimum area and width required for each lot in a new subdivision Minimum Area NA NA NA NA Minimum Width Minimum Depth NA NA SETBACKS Primary structure Minimum setbacks required. 0 ft Oft Front 0 It 0 ft Side — Interior Oft 0 ft Side — Street side 0 ft Oft Rear Minimum setbacks required. Accessory Structure Not Permitted Not Permitted Front 5 ft 5 ft Side — Interior 5 ft 5 ft Side — Street Oft 5 ft Rear BUILDING INTENSITY /DENSITY Floor Area Ratio. Gross building floor area divided by the building site area. Residential Density, Dwelling units pe r net acre o develo able land. NA 2.5 Maximum Floor Area Ratio Maximum Residential Density NA 30 du /ac BUILDING HEIGHT Maximum allowable height of structures elevation to roo peak See IZO §12:020 measured fromfinished first floor for modifications. 1 Story - 30 ft 2 Story — 41 ft Principal Building 30 It 3 Story — 53 ft 4 Story — 66 ft 5 Story — 68 ft NA 91 It Cupola/Architectural Element Accessory Structure 15 It 15 ft USABLE OPEN SPACE NA NA Resolution No, 2016 -052 N.C.S. Page 12 7.0 Access & Parking 7.1 Purpose: To facilitate public access to the Petaluma Marina through the provision of off - street parking spaces and access ways for vehicles, bicycles and pedestrians. To provide adequate off - street parking spaces for the employees, customers, and residents at shared parking lots within the Marina Support District. 7.2 Bicycle Parking: Bicycle facilities shall be provided in accordance with IZO §11.090 (Standards for Bicycle Facilities). 7.3 Vehicle Parking Spaces: Except as provided below, individual uses within the Marina PCD are exempt from the requirement to provide off - street parking facilities. Rather, the Marina PCD shall, at all times, maintain shared off- street parking facilities, as follows: a) 762 unreserved off - street parking spaces for all land uses; plus b) 80 reserved off - street parking spaces for a Dwelling, Multiple use at APN 005- 060 -089 and 005 - 060 -072; plus C) 20 reserved off- street parking spaces at APN 005 - 060 -072 for public access to the waters of the Petaluma Marina and connecting waterways, inclusive of reserved spaces for vehicles with boat trailers. 7.4 IZO Provisions: The following IZO standards shall not apply in the Marina PCD: a) §11.030(B) (Off- Street Parking Facilities to Serve One Use) b) §11.030(C) (More Than One Use on a Site) C) §11.060 (Number of Automobile and Bicycle Parking Spaces Required) 8.0 PCD Modifications 8.1 Modification Procedures: From time to time, it may be necessary and desirable to modify the Marina PCD. Modifications shall be in accordance with IZO Chapter 19 (Planned Unit District and Planned Community District). 9.0 Site Plan and Architectural Review (SPAR) 9.1 SPAR Procedures: All new development or changes to the exterior of existing structures or site features shall require Site Plan and Architectural Review in accordance with IZO Chapter 24 (Administrative Procedures). The Director may grant administrative Site Plan and Architectural Review for minor additions or modifications to existing buildings and /or site features. 9.2 SPAR Findings: All new development or changes to the exterior of existing structures or site features shall, in addition to the findings required by IZO §24.010(G)(1), also be found to be substantially consistent with the building form, materials and architectural style of existing buildings at the Petaluma Marina. Resolution No. 2016 -052 N.C.S. Page 13 10.0 Existing Structures 10.1 Permitted: The Marina PCD amends and restates the prior actions referenced in Section 3.3 above, and the Marina PCD is not intended to make any existing structure legal non- conforming. Notwithstanding anything to the contrary in the Marina PCD, any structure existing in the PCD on the effective date of the Marina PCD shall be deemed permitted under the Marina PCD. Resolution No. 2016 -052 N.C.S. Page 14 EXHIBIT "A" MARINA PLANNED COMMERCIAL DISTRICT PARCEL / IAKEVIL�E N/GNWAY o PARCEL H PARCEL ✓ 55 ss PARCEL A .o PARCEL B a F 54 �F _ PARCEL K 59 PARCEL BOUNDARY LINE -- EXISTING PCD BOUNDARY LINE PARCEL APN A 005 - 060 -072 B 005 - 060 -085 C 005 - 060 -070 D 005 - 060 -053 E 005- 060 -054 F 005 - 060 -082 G 005 - 060 -084 H 005 - 060 -089 I 005 - 060 -079 J 005 - 060 -065 K 005 - 060 -059 PARCEL G SITE INFORMATION ADDRESS 775 BAYW00 DRIVE 765 BAYWOOD DRIVE 755 BAYWOOD DRIVE 745 BAYWOOD DRIVE 0 MARINA AVENUE 799 BAYWOOD DRIVE 781 BAYWOOD DRIVE Resolution No. 2016 -052 N.C.S. O 0 n Z r C 0WNERSH /P CITY OF PETALUMA PETALUMA MARINA OWNERS ASSSOC. CITY OF PETALUMA MARINA OFFICE DE LLC MARINA OFFICE DE LLC MARINA OFFICE DE LLC PETALUMA MARINA INVESTORS LLC PETALUMA MARINA INVESTORS LLC MARINA OFFICE PARK ASSOC. CITY OF PETALUMA STATE OF CALIFORNIA Page 15 EXHIBIT "B" LAND USE DISTRICT MAP LEGEND i' MARINA PCD BOUNDARY PUBLIC MARINA AND OPEN SPACE MARINA SUPPORT DISTRICT PARKING COMBINING DISTRICT -- PARCELS Resolution No. 2016 -052 N.C.S. Page 16