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HomeMy WebLinkAboutStaff Report 3.E 03/20/2017Agenda Item #3.E 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 No. 2300 N.C.S to Change the Zoning of the Property Located at 4986 Petaluma Boulevard North (APN 007 - 412 -023) RECOMMENDATION It is recommended that the City Council Adopt an Ordinance 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 Boulevard North (APN 007 - 412 -023). BACKGROUND At their meeting of March 6, 2017, the City Council unanimously approved introduction of an ordinance pertaining to the zoning designation of the Denny's restaurant parcel at 4986 Petaluma Boulevard North. No changes were made to the draft ordinance, and it was introduced as presented at the hearing. ATTACHMENT 1. Ordinance Rezoning 4986 PBN ( Denny's) from PUD to C2 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 EFFECTIVE DATE OF ORDINANCE Introduced by ATTACHMENT 1 ORDINANCE NO. 2604 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 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 to be consistent with the Zoning Map depiction, at which time all interested parties had the opportunity to be heard; and 31 WHEREAS, on January 10, 2017, the Planning Commission recommended City Council 32 approval of the Zoning Map Amendment to change the zoning designation of the Denny's 33 restaurant property located at 4986 Petaluma Blvd North from Rancho Arroyo PCD to 34 Commercial 2, consistent with the designation that the Zoning Map currently depicts at the site; 35 and 36 WHEREAS, on March 6, 2017 the City Council held a duly noticed public hearing to 37 consider the proposed Zoning Map Amendment; and 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 39 FOLLOWS: 40 41 Section 1. Findings. Pursuant to Implementing Zoning Ordinance, Chapter 25, based on 42 the Planning Commission's recommendation, City staff report and public hearing, the City Ordinance No. 2604 N.C.S. 1 Council adopts the Zoning Amendment, as described above and set forth herein, based on the 2 findings made below: 3 4 1. The proposed Zoning Map Amendment is consistent with the Petaluma General Plan 5 Land Use Map which designates the land as Neighborhood Commercial. 6 7 2. The Commercial zoning designation is more appropriate than the Rancho Arroyo 8 Business Park PCD designation because: 9 10 a. The parcel has frontage on Petaluma Boulevard North, an arterial street with a 11 commercial usage pattern. None of the Rancho Arroyo parcels face Petaluma 12 Boulevard North, and 13 14 b. The parcel has been developed in a commercial manner as a restaurant since 1969. 15 The current and foreseeable use of the parcel is as a commercial restaurant. A 16 restaurant is a permitted use within the commercial zoning district but prohibited by 17 the Rancho Arroyo PCD. 18 19 3. The proposed Zoning Map Amendment is consistent with the public necessity, 20 convenience and general welfare because it will allow the operation of a commercial 21 use that has historically occupied the subject property. 22 23 4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied 24 through the determination that the zoning amendment is Categorically Exempt from the 25 California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15301 26 (Existing Facilities) and not subject to any exceptions to use of a Categorical Exemption 27 provided at CEQA Guidelines §15300.2 (Exceptions). The project involves an existing 28 developed property, would make no physical change in the environment, and would 29 not expand the existing use. No exception to the use of a categorical exemption is 30 present since the project is not located in a sensitive location, is not the result of a 31 succession of similar project resulting in cumulative impacts, has no reasonable possibility 32 of resulting in a significant effect, it not visible from a scenic highway, is not located on a 33 hazardous waste site, and would not alter a historic resource. 34 35 Section 2. The Zoning Map contained in the Implementing Zoning Ordinance is hereby 36 amended to modify the zoning designation of the Denny's restaurant property located at 4986 37 Petaluma Blvd North from Rancho Arroyo PCD to Commercial 2, consistent with the designation 38 that the Zoning Map currently depicts at the site. 39 40 Section 3. Severability. If any provision of this ordinance or the application thereof to 41 any person or circumstance is held invalid, the remainder of the ordinance, including the 42 application of such part or provision to other persons or circumstances shall not be affected 43 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are 44 severable. The City Council hereby declares that it would have passed each section, 45 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact 46 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or 47 phrases be held unconstitutional, invalid, or unenforceable. Ordinance No. 2604 N.C.S. I Section 4. This ordinance shall become effective thirty (30) days after the date of its 2 adoption by the Petaluma City Council. 3 Section 5. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or 4 publish this ordinance or a synopsis of it for a period and in the manner required by the City 5 Charter. 0 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 50 INTRODUCED, and ordered posted /published, this 6th day of March, 2017. ADOPTED this day of , 2017, by the following vote: Ayes: Noes: Abstain: Absent: ATTEST: David Glass, Mayor APPROVED AS TO FORM: Claire Cooper, City Clerk Eric W. Danly, City Attorney Ordinance No. 2604 N.C.S.