HomeMy WebLinkAboutPlanning Commission Resolution 2016-24 11/08/2016RESOLUTION 2016-24
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE ZONING MAP OF
THE IMPLEMENTING ZONING ORDIANCE TO PREZONE CERTAIN PROPERTIES ADJACENT TO
PETLAUMA BLVD SOUTH AND GENERALLY'EAST OF MCNEAR AVENUE AND WEST OF US 101
FILE NO: 07-ANX-0623
WHEREAS, South Petaluma Partners, L.C.C. submitted an application to Pre -Zone and Annex a
total of nineteen parcels totaling approximately J 7.20 acres outside of the City limits but within the
Urban Growth Boundary, in a manner consistent with the General Plan Land Use Designation, being
referred to locally as the Lomas project area ("Project Area"), as required by Condition No. 3(a) of
Sonorna County Local Agency Formation Commission ("Sonoma County LAFCO") Resolution No. 2518;
WHEREAS, the properties located north of Petaluma Blvd South and subject to annexation are
designated Mixed Use by the Petaluma General Plan and the pre -zoning of those parcels to Mixed Use
]A (MU 1 A) is, pursuant to Implementing Zoning Ordinance Table 2-1, considered consistent with the
General Plan designation of Mixed Use; and
WHEREAS, the properties located south of Petaluma Blvd South and subject to annexation are
designated Medium Density Residential by the Petaluma General Plan and the pre -zoning of those
parcels to Residential 4 (R4) is, pursuant to Implementing Zoning Ordinance Table 2-1, considered
consistent with the General Plan designation of Medium Density Residential; and
WHEREAS, on November 8, 2016, the Planning Commission held a duly noticed public hearing,
pursuant to Implementing Zoning Ordinance §25.050, to consider the pre -zone proposal, at which time
all interested parties had the opportunity to be heard; and
WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning Commission
considered staff report analyzing the application, including the California Environmental Quality Act
(CEQA) determination therein; and
WHEREAS, on November 8, 2016 and prior to,acting on this request, the Planning Commission
considered and recommended approval of a Negative Declaration prepared pursuant to the
California Environmental Quality Act ("CEQA"); and
NOW THEREFORE BE IT RESOLVED that the,Planning Commission as follows:
A. The proposed pre -zone is, for the reasons discussed in the November 8, 2016 Planning
Commission 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-12 (Underutilized
Sites); Goal 1-G3 (Land Use: Well -Defined Boundary); Policy 1-P-29 (Development Within Urban
Growth Boundary); Policy 1-P-30 (Services Within Urban Growth Boundary); and Policy 1-P-35
(Growth Within Urban Growth Boundary).
Planning Commission Resolution No. 2016-24 Page 1
B. Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission recommends
that the City Council adopt the proposed amendment to the Zoning Map, attached hereto as
Exhibit 1, based on the following findings:
1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning Ordinance Table
2-1, consistent with the Petaluma General Plan.
2. The project is consistent with the public necessity, convenience, and general welfare in that
if enables the future consideration of development in a manner consistent with the
Petaluma General Plan.
ADOPTED this 8th day of November, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember King
X
Benedetti-Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
ATTEST: APPROVED AS TO FORM:
r�
Hither Co mission Secretary Eric Danly, City Attorney
Planning Commission Resolution No. 2016-24 Page 2
Exhibit 1
PRE -ZONING ASSESSORS PARCELS NOS. APN 019-210-009,-013,-014,-021, -
022, -025, -029, -032, -033, -034, -035, -036 TO RESIDENTIAL (R4) AND
ASSESSORS PARCEL NOS. 019-2107005, -006, -007, -008, -010, -038 AND -039 TO
MIXED USE IA (MUTA) FOR THE LOMAS ANNEXATION CONCERNING
PARCELS ADJACENT TO PETALUMA BLVD SOUTH BETWEEN MCNEAR
AVENUE AND CRYSTAL LANE
APNs 019-210-010, -038, -039, -005, -006, -007, -008, -009, -013, -014, -021, -
022, -025, -029, -032, -033, -034, -035 and -036
PROJECT FILE No: 07-ANX-0623
WHEREAS, on June 6, 2005, the City Council adopted Resolution No. 2005-087 N.C.S.
supporting an application to the Sonoma County Local Agency Formation Commission
(LAFCO) for Assessor's Parcel Numbers 019-210-010, -011, -026, -038, and -039 and 019-220-
012 and -027 for a project known as the Lomas Residential Development and pursuant to the
Cortese/Knox Local Government Reorganization Act of 1985; and
WHEREAS, on June 19, 2006, the City Council adopted Resolution No. 2006-119
N.C.S. authorizing the City Manager to execute a memorandum of understanding with the
County of Sonoma regarding jurisdiction over compliance with the Petaluma Quarry Revised
Reclamation Plan and also an agreement with South Petaluma Partners LLC regarding a two-part
annexation of various unincorporated properties along the vicinity of Petaluma Boulevard South;
and
WHEREAS, on August 8, 2006, a Pre -Annexation Agreement Regarding Two -Park
Annexation and Restrictive Covenants was entered into between the City of Petaluma and South
Petaluma Partners LLC and recorded as Document No. 2006097772; and
WHEREAS, on October 4, 2006, the Sonoma County LAFCO adopted Resolution No.
2518 approving the annexation supported by City Council Resolution No. 2005-087 N.C.S. but
with Condition No. 3(a) which reads in full,
"Not later than 30 days after the City receives notice from the County of Sonoma of the
completion of reclamation of APNs 019-210-010, 019-210-038, and 019-210-039, the City
and/or the Applicant shall initiate proceedings with the Commission for the ammexation of APNs
019-210-005, 019-210-006, 019-210-007, 019-210-008, 019-210-009, 019-210-013, 019-210-
014, 019-210-021, 019-210-022, 019-210-025, 019-210-029, 019-210-033, 019-210-034, 019-
210-035, and 019-210-036 to the City"; and
WHEREAS, on December 2, 2015, the County of Sonoma provided notice to the
California Office of Mine Reclamation, pursuant to the provisions of the Surface Mining and
Reclamation Act of 1975, that the Petaluma Quarry (State Mine Id# 91-49-0012) was fully
reclaimed as specified by the adopted reclamation plan; and
WHEREAS, on January 20, 2016, the California Office of Mine Reclamation responded
to the County of Sonoma's December 2, 2015.notice and concurred the Petaluma Quarry (State
Planning Commission Resolution No. 2016-24 Page 3
Mine Id# 91-49-0012) had been substantially reclaimed in accordance with the approved
reclamation plan and, therefore, the County has fulfilled the requirements of California Code of
Regulations §3805.05; and
WHEREAS, the City Council - has by separate resolution initiated annexation
proceedings as required by Condition No. 3(a) of Sonoma County LAFCO adopted Resolution
No. 2518; and
WHEREAS, pursuant to Section 56375(a)(7) of the Cortese/Knox Local Government
Reorganization Act of 1985, all territory proposed for annexation into a city shall be based on the
General Plan and pre -zoned; and
WHEREAS, pursuant to the Sonoma Local Agency Formation Commission: Policies,
Procedures and Guidelines (Revised June 2013), it is the policy of the Sonoma County LAFCO
that, "The Executive Officer shall not accept proposals involving annexation to a city for filing
runless accompanied by an ordinance or other proof that the city council of the affected city pre-
zoned the affected territory pursuant to Government Code §56375"; and
WHEREAS, the properties located north of Petaluma Blvd South and subject to
annexation are designated Mixed Use by the Petaluma General Plan and the pre -zoning of those
parcels to Mixed Use 1A (MUTA) is, pursuant to Implementing Zoning Ordinance Table 2-1,
considered consistent with the General Plan designation of Mixed Use; and
WHEREAS, the properties located south of Petaluma Blvd South and subject to
annexation are designated Medium Density Residential by the Petaluma General Plan and the
pre -zoning of those parcels to Residential 4 (R4) is, pursuant to Implementing Zoning Ordinance
Table 2-1, considered consistent with the General Plan designation of Medium Density
Residential; and
WHEREAS, on November 8, 2016, the Planning Commission held a duly noticed public
hearing, pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed pre -
zoning, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning
Commission considered staff report analyzing the application, including the California
Environmental Quality Act (CEQA) determination therein; and
WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning
Commission considered and recommended approval of a Negative Declaration prepared pursuant
to the California Environmental Quality Act ("CEQA"); and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FO THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: Findings. The City Council approves the pre -zone proposal based on the
findings made below:
1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning
Planning Commission Resolution No. 2016-24 Page 4
Ordinance Table 2-1, consistent with the Petaluma General Plan.
2. The project is consistent with the public necessity, convenience, and general
welfare in that it enables the future consideration of development in a manner consistent with the
Petaluma General Plan.
Section 2: Zoning Map. The Zoning Map codified at Chapter 2 of the Implementing
Zoning Ordinance is hereby amended, as follows:
1. Assessor's Parcel Numbers 019-210-005, -006, -007, -008, -010, -038 AND -039,
located north of Petaluma Blvd South, are assigned a Mixed Use IA (MUTA) designation; and
2. Assessor's Parcel Numbers 019-210-009, -013, -014, -021, -022, -025, -029, -032,
-033, -034, -035, -036, located south of Petaluma Blvd South, are assigned a Residential 4 (R4)
designation.
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. Effective Date. 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 Cleric is hereby directed to post
and/or publish this ordinance or a synopsis of it for the period and in the manner required by the
City Charter.
INTRODUCED and ordered posted/published this day of , 2016.
ADOPTED this day of , 2016 by the following vote:
Planning Commission Resolution No. 2016-24 Page 5