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HomeMy WebLinkAboutStaff Report 3.D 03/20/2017Agenda Item #3.D DATE: March 20, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Adoption (Second Reading) of an Ordinance Amending the Zoning Map Contained in the Implementing Zoning Ordinance to Change the Zoning of One Parcel Located at 998 Bodega Avenue (To Be Subdivided Into Eight Lots and One Common Parcel) from Residential 2 (R2) to Planned Unit District (PUD) for the Holly Heights PUD APN: 019- 070 -044 File No: PLMA -16 -0008. RECOMMENDATION It is recommended that the City Council Adopt an Ordinance Amending the Zoning Map Contained in the Implementing Zoning Ordinance to Change the Zoning of One Parcel Located at 998 Bodega Avenue (To Be Subdivided Into Eight Lots and One Common Parcel) from Residential 2 (R2) to Planned Unit District (PUD) for the Holly Heights PUD APN: 019- 070 -044 File No: PLMA -16 -0008. BACKGROUND At their meeting of March 6, 2017, the City Council unanimously approved introduction of an ordinance pertaining to the Zoning designation of the parcel located at 998 Bodega Avenue for the Holly Heights Subdivision project. No changes were made, and the ordinance was introduced as presented at the hearing. ATTACHMENT 1. Draft Ordinance Rezoning 998 Bodega Avenue from R2 to PUD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 EFFECTIVE DATE OF ORDINANCE Introduced by ATTACHMENT 1 ORDINANCE NO. 2603 N.C.S. 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 ONE PARCEL LOCATED AT 998 BODEGA AVENUE (TO BE SUBDIVIDED INTO EIGHT LOTS AND ONE COMMON PARCEL) FROM RESIDENTIAL 2 (R2) TO PLANNED UNIT DISTRICT (PUD) FOR THE HOLLY HEIGHTS PUD APN: 019 - 070 -044 FILE NO: PLMA -16 -0008 WHEREAS, Chad Moll of Bear Flag Engineering, Inc. submitted an application, on behalf of property owner Kristy Brooks, for a Zoning Map Amendment to rezone the subject property from Residential 2 (R2) to Planned Unit District (PUD) and a Tentative Subdivision Map to subdivide the subject property into eight (8) lots and one (1) common parcel for access, drainage, and utilities, whereas the subject property includes five existing single - family homes and three existing duplexes on a 2.25 -acre site located at 998 Bodega Avenue (APN 019 -070- 044) (the "Project "); and 24 WHEREAS, on January 10, 2017, the Planning Commission held a duly noticed public 25 hearing to consider the Zoning Map Amendment and Tentative Subdivision Map applications for 26 the Project at which time all interested parties had the opportunity to be heard; and 27 WHEREAS, on January 10, 2017 and prior to acting on this request, the Planning 28 Commission considered the staff report analyzing the application, including the California 29 Environmental Quality Act ( "CEQA ") determination included therein; and 30 WHEREAS, on January 10, 2017, the Planning Commission recommended that the City 31 Council adopt this Ordinance approving a Zoning Map Amendment, recommended approval 32 of the Unit Development Plan & PUD Development Standards for the Holly Heights PUD, and 33 recommended approval of the associated Tentative Subdivision Map; and 34 35 WHEREAS, on March 6, 2017, the City Council held a duly noticed public hearing to 36 consider the Zoning Map Amendment and Tentative Subdivision Map applications for the 37 Project, at which time all interested parties had the opportunity to be heard; and I'l Ordinance No. 2603 N.C.S. 1 WHEREAS, on March 6, 2017 and prior to acting on this request, the City Council 2 considered the staff report analyzing the application, including the California Environmental 3 Quality Act ( "CEQA ") determination included therein, and the Planning Commission's 4 recommendation; and 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 WHEREAS, Implementing Zoning Ordinance Chapter 25 provides for the approval of a Zoning Map Amendment; and WHEREAS, on March 6, 2017, the City Council introduced this Ordinance approving a Zoning Map Amendment for the Holly Heights PUD, and approved the associated Unit Development Plan & PUD Development Standards and the Tentative Subdivision Map. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1 - Findings. Pursuant to Implementing Zoning Ordinance § 19.040 and Chapter 25, the City Council adopts this Zoning Map Amendment for the Holly Heights PUD based on the following findings: 1. The project concerns a 2.25 -acre site with existing development, including five (5) existing single - family houses and three (3) existing duplexes. The proposed Tentative Subdivision Map is, for the reasons discussed in the January 10, 2017 Planning Commission and March 6, 2017 City Council staff reports, consistent with the Petaluma General Plan. The Project will result in a residential density of 4.88 housing units per acre (hu /ac) which is consistent with allowable densities of 2.6 to 8.0 hu /ac as defined for the Low Density Residential land use classification of the General Plan. 2. The Zoning Map Amendment will rezone the parcel from R2 to PUD, whereas the resulting PUD zone will be considered for approval by the City Council through Resolution, including the Unit Development Plan and PUD Development Standards for the Holly Heights PUD. 3. The Project will not be detrimental to the public welfare as it: 1) will preserve the character of the existing neighborhood and surrounding areas; 2) will control massing and scale of existing and new residential structures, through the establishment of PUD development standards, so as not to create out -of- character development; 3) will facilitate home ownership within Petaluma; 4) will result in residential densities consistent with the General Plan; and 5) will be consistent with General Plan policies for the site. 4. The proposed project is categorically exempt from the provisions of CEQA under CEQA Guidelines §15332 (In -Fill Development Projects) in that: 1) the project is consistent with applicable General Plan and zoning designation policies and regulations; 2) the site is within city limits, less than five acres in size, and substantially surrounded by urban uses; 3) the site has no value as habitat for endangered, rare, or threatened species; 4) the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and 5) the Ordinance No. 2603 N.C.S. 1 site will be adequately served by all required utilities and public services. The project also 2 does not trigger any of the exceptions to the exemption outlined at CEQA Guidelines 3 § 15300.2. 4 5 5. Based on its review of the entire record herein, including the January 10, 2017 Planning 6 Commission and March 6, 2017 City Council staff reports, all supporting, referenced, and 7 incorporated documents and all comments received and foregoing findings, the City 8 Council hereby approves a Zoning Map Amendment to rezone the subject property from 9 Residential 2 (R2) to Planned Unit District (PUD) for the Holly Heights PUD. 10 Section 2 - Zoning Map Amendment. The Zoning Map contained in the Implementing 11 Zoning Ordinance is hereby amended to modify the zoning district of one parcel (APN 019 -070- 12 044) located at 998 Bodega Avenue (to be subdivided into eight lots and one common parcel) 13 from Residential 2 (R2) to Holly Heights Planned Unit District (PUD): 14 15 Section 3 - Severability. If any provision of this ordinance or the application thereof to 16 any person or circumstance is held invalid, the remainder of the ordinance, including the 17 application of such part or provision to other persons or circumstances shall not be affected 18 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are 19 severable. The City Council hereby declares that it would have passed each section, 20 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact 21 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or 22 phrases be held unconstitutional, invalid, or unenforceable. 23 Section 4. This ordinance shall become effective thirty (30) days after the date of its 24 adoption by the Petaluma City Council. 25 Section 5 - Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or 26 publish this ordinance or a synopsis of it for a period and in the manner required by the City 27 Charter. 28 INTRODUCED, and ordered posted /published, this 6th day of March, 2017. 29 30 ADOPTED this day of 2017, by the following vote: 31 32 Ayes: 33 Noes: 34 Abstain: 35 Absent: 36 37 38 39 40 41 David Glass, Mayor !J Ordinance No. 2603 N.C.S. Page 3 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 42 43 44 45 46 47 48 49 ATTEST: APPROVED AS TO FORM: Claire Cooper, City Clerk Eric W. Danly, City Attorney Ordinance No. 2603 N.C.S. Page 4