HomeMy WebLinkAboutPlanning Commission Resolution 2017-04 01/10/2017RESOLUTION 0,'
CITY OF ' • •
RECOMMENDING THE CITY COUNCIL APPROVE A ZONING MAP AMENDMENT
TO REZONE THE PROPERTY LOCATED AT 4986 PETALUMA BLVD. NORTH FROM
THE RANCHO ARROYO PLANNED COMMUNITY DISTRICT TO COMMERCIAL 2
APN 007 - 412 -023
FILE NO. PLZT -16 -0003
WHEREAS, in preparing the Rancho Arroyo Business Park Planned Community District (Rancho
Arroyo PCD) amendment, staff identified that the Denny's restaurant parcel at 4986 Petaluma Blvd
North (APN 007 - 412 -023) was rezoned from Highway Commercial to the Rancho Arroyo PCD in 1983 by
Ordinance No. 1558 N.C.S.; and
WHEREAS, the property at 4986 Petaluma Blvd North was included in the Rancho Arroyo PCD by
listing of its assessor's parcel number both within Ordinance No. 1558 N.C.S. and within Resolution 9938
which approved the PCD Development Plan and Regulations, as well as its depiction on the PCD map
included at Exhibit A of Resolution 9938; and
WHEREAS, inconsistent with the above, the Zoning Map has depicted the parcel with a
Commercial zoning designation since the 1990s; and
WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Planning Commission
held a duly noticed public hearing on January 10, 2017, which included consideration of the Zoning
Map Amendment to rezone the parcel to C2 to be consistent with the Zoning Map depiction, at which
time all interested parties had the opportunity to be heard; and
WHEREAS, Implementing Zoning Ordinance §25.010 provides for Zoning Amendments; and
NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows:
A. The foregoing recitals are true and correct and incorporated herein by reference.
Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission recommends
that the City Council adopt the Zoning Map Amendment to remove the parcel from the Rancho
Arroyo Business Park PCD and formally designate it as Commercial 2, as depicted by the Zoning
Map, based on the following findings:
1. The proposed Zoning Amendment is consistent with the Petaluma General Plan Land Use
Map which designates the land as Neighborhood Commercial.
2. The Commercial zoning designation is more appropriate than the Rancho Arroyo
Business Park PCD designation because:
a. The parcel has frontage on Petaluma Boulevard North, an arterial street with a
commercial usage pattern. None of the Rancho Arroyo parcels face Petaluma
Boulevard North, and
b. The parcel has been developed in a commercial manner as a restaurant since
1969. The current and foreseeable use of the parcel is as a commercial
restaurant. A restaurant is a permitted use within the commercial zoning district
but prohibited by the Rancho Arroyo PCD.
Planning Commission Resolution No. 2017 -04 Page 1
3. The proposed Zoning Map Amendment is consistent with the public necessity,
convenience and general welfare because it will allow the operation of a commercial
use that has historically occupied the subject property.
C. The Planning Commission reviewed the application and determined it so be Categorically
Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
§ 15301 (Existing Facilities) and not subject to any exceptions to use of a Categorical Exemption
provided at CEQA Guidelines § 15300.2 (Exceptions). The project involves an existing developed
property, would make no physical change in the environment, and would not expand the
existing use. No exception to the use of a categorical exemption is present since the project is
not located in a sensitive location, is not the result of a succession of similar project resulting in
cumulative impacts, has no reasonable possibility of resulting in a significant effect, it not visible
from a scenic highway, is not located on a hazardous waste site, and would not alter a historic
resource.
ADOPTED this 10th day of January, 2017, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Albertson
X
Benedetti - Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
ATTEST:
(/ �,
, - s
Diana Gomez; C air
APPROVED AS TO FORM:
l ' 4,x
H Cher Hines, Co `nission Secretary Lisa Tennenb um, Assistant City Attorney
Planning Commission Resolution No. 2017 -04 Page 2
Exhibit 1
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING THE ZONING MAP CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE
NO. 2300 N.C.S TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT 4986 PETALUMA
BLVD. NORTH (APN 007 - 412 -023)
WHEREAS, in preparing the Rancho Arroyo Business Park Planned Community District
(Rancho Arroyo PCD) amendment, staff identified that the Denny's restaurant parcel at 4986
Petaluma Blvd North (APN 007 -412 -023) was rezoned from Highway Commercial to the Rancho
Arroyo PCD in 1983 by Ordinance No. 1558 N.C.S.; and
WHEREAS, the property at 4986 Petaluma Blvd North was included in the Rancho Arroyo
PCD by listing of its assessor's parcel number both within Ordinance No. 1558 N.C.S. and within
Resolution 9938 which approved the PCD Development Plan and Regulations, as well as its
depiction on the PCD map included at Exhibit A of Resolution 9938; and
WHEREAS, inconsistent with the above, the Zoning Map has depicted the parcel with a
Commercial zoning designation since the 1990s; and
WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Planning
Commission held a duly noticed public hearing on January 10, 2017, which included
consideration of the Zoning Map Amendment to rezone the parcel to C2 be consistent with the
Zoning Map depiction, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on January 10, 2017, the Planning Commission recommended City Council
approval of the Zoning Map Amendment to change the zoning designation of the Denny's
restaurant property located at 4986 Petaluma Blvd North from Rancho Arroyo PCD to
Commercial 2, consistent with the designation that the Zoning Map currently depicts at the site;
and
WHEREAS, on [insert date] the City Council held a duly noticed public hearing to consider
the proposed Zoning Map Amendment; 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 Amendment, as described above and set forth herein, based on the
findings made below:
1. The proposed Zoning Map Amendment is consistent with the Petaluma General Plan
Land Use Map which designates the land as Neighborhood Commercial.
Planning Commission Resolution No. 2017 -04 Page 3
2. The Commercial zoning designation is more appropriate than the Rancho Arroyo
Business Park PCD designation because:
a. The parcel has frontage on Petaluma Boulevard North, an arterial street with a
commercial usage pattern. None of the Rancho Arroyo parcels face Petaluma
Boulevard North, and
b. The parcel has been developed in a commercial manner as a restaurant since 1969.
The current and foreseeable use of the parcel is as a commercial restaurant. A
restaurant is a permitted use within the commercial zoning district but prohibited by
the Rancho Arroyo PCD.
3. The proposed Zoning Map Amendment is consistent with the public necessity,
convenience and general welfare because it will allow the operation of a commercial
use that has historically occupied the subject property.
4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied
through the determination that the zoning amendment is Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301
(Existing Facilities) and not subject to any exceptions to use of a Categorical Exemption
provided at CEQA Guidelines § 15300.2 (Exceptions). The project involves an existing
developed property, would make no physical change in the environment, and would
not expand the existing use. No exception to the use of a categorical exemption is
present since the project is not located in a sensitive location, is not the result of a
succession of similar project resulting in cumulative impacts, has no reasonable possibility
of resulting in a significant effect, it not visible from a scenic highway, is not located on a
hazardous waste site, and would not alter a historic resource.
Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
amended to modify the zoning designation of the Denny's restaurant property located at 4986
Petaluma Blvd North from Rancho Arroyo PCD to Commercial 2, consistent with the designation
that the Zoning Map currently depicts at the site.
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.
Planning Commission Resolution No. 2017 -04 Page 4