HomeMy WebLinkAboutOrdinance 2604 N.C.S. 03/20/20171
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EFFECTIVE DATE
OF ORDINANCE
April 18, 2017
Introduced by
Miller
ORDINANCE NO. 2604 N.C.S.
Seconded by
Kearney
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. Page 1
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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.
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.
Ordinance No. 2604 N.C.S.
Page 2
1 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.
6 INTRODUCED, and ordered posted/published, this 6th day of March, 2017.
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ADOPTED this 20th day of March, 2017, by the following vote:
Ayes: Albertson, Mayor Glass, Healy, Kearney, King, Miller
Noes:
Abstain:
Absent: Vice Mayor Barrett
ATTEST:
b
Samantha Pascoe, Deputy City Clerk Pro Tem
David Glass, Mayor
APPROVED AS TO FORM:
� JJt
Eric W. Dajr y, City Attorney
Ordinance No. 2604 N.C.S. Page 3