HomeMy WebLinkAboutPlanning Commission Resolution 2019-04 03/26/20191
RECOMMENDING THAT THE CITY COUNCIL AMEND THE CENTRAL PETALUMA SPECIFIC PLAN
ZONING MAP IN SECTION 2 OF "APPENDIX A" SMARTCODE TO RE -ZONE A 2,130 SQUARE -FOOT
PORTION OF APN 006-163-051 FROM THE CURRENT ZONING DESIGNATION OF CS (CIVIC SPACE)
TO T5 (URBAN CENTER) SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL
APN 006-163-051
FILE NO. PLMA-18-004
WHEREAS, Tony Cinquini, on behalf of property owner, Water Street Properties, LLC., submitted an
application for a SmartCode Zoning Map Amendment to rezone a 2,130 square -foot portion of the
property at APN 006-163-051 from CS (Civic Space) to T5 (Urban Center) as part of a broader proposal
that includes a lot line adjustment, land conveyance between Water Street Properties, LLC., and the City
of Petaluma, relocation of a sewer line, and abandonment of the existing sewer line easement; and
WHEREAS, the project has been reviewed in compliance with the California Environmental Quality
Act (CEQA) and has been determined to be categorically exempt pursuant to Sections 15061 (General
Rule) and 15183 (Specific Plan Consistency) as the rezoning from the Civic Space zone the T5 zone subject
to the Conditions of Approval attached to and made a part of this resolution as Exhibit 2 ("Conditions of
Approval") does not preclude the development of civic space as a land use and is thereby consistent
with the development potential otherwise envisioned by the Central Petaluma Specific Plan; and
WHEREAS, the proposed change to the existing zoning designation requires amendment to the
zoning map in the Central Petaluma Specific Plan's Appendix A SmartCode; and
WHEREAS, the proposed amendment to the zoning map and Conditions of Approval are
consistent with the General Plan 2025 and the Central Petaluma Specific Plan in that the proposed
rezoning facilitates the following; provides greater flexibility for future development of sites that the
General Plan identifies as under under-utilized; does not preclude the development of civic space land
use; enables a dense mixed-use development pattern that facilitates desired growth within the Central
Petaluma Specific Plan subarea; supports the new uses and development pattern that will accompany
the extension of North Water Street; enables future development to provide more pedestrian activated
commercial ground floor spaces along Water Street; enables future coordinated development of
contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch
Creek trail; all as described in the Staff Report, which is hereby made a part of this resolution by this
reference; and
WHEREAS, public notice of the March 26, 2019 Planning Commission hearing was published in the
Petaluma Argus -Courier and mailed to residents and occupants within 1,000 feet of the Project site in
compliance with state and local law; and
WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning
Commission meeting, consistent with the City Council Resolution No. 18-107; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project,
including the proposed Zoning Map Amendment on March 26, 2019, at which time all interested parties
had the opportunity to be heard; and
Planning Commission Resolution No, 2019-04 Page 1
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:
The above recitals are true and correct and are incorporated herein by reference as findings of
the Planning Commission.
2. The Planning Commission hereby recommends that the City Council approve the proposed
rezoning and amend the zoning map for the CPSP as shown in attached Exhibit 1, based on the
following findings.
A. The proposed amendment to the Zoning Map is subject to the Conditions of Approval
attached as Exhibit 2 and is in conformance with the General Plan and CPSP, as further
described in the staff report.
B. The proposed Zoning Map Amendment is rezoning subject to the Conditions of Approval
attached as Exhibit 2 and is consistent with the public necessity, convenience, and general
welfare in that it would allow for a more efficient future development of sites identified as
under-utilized in the General Plan, as further described in the staff report. Additionally, the
zoning standards would be further implemented through future Site Plan and Architectural
Review permits to ensure that each future structure, park or other improvement is an attractive
element that integrates with the rest of the community both on- and off-site.
ADOPTED this 261h day of March, 2019, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember
McDonnell
X
Chair Marzo
X
Vice Chair Alonso
X
Bauer
X
Gomez
X
Streeter
X
Wolpert
X
ATTEST:
Ric and Marzo, Chair
APPROVED AS TO FORM:
Lisa Tennenbaum,Assistant City Attorney
Planning Commission Resolution No. 2019-04 Page 2
Exhibit 1
ZONING MAP DIAGRAM
PROPOSED NORTH RIVER
APARWENTS SITE
- / PROPOSED WATER STREET 9
ZONING MAP AMENDMENT
FOR THE
APN 006-163-051
LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN
Planning Commission Resolution No. 2019-04 Page 3
-; - --
L
T5 Urban
f
Center Zone
Civic Space
Zone
YJ WE
PROPOSED NORTH RIVER
APARWENTS SITE
- / PROPOSED WATER STREET 9
ZONING MAP AMENDMENT
FOR THE
APN 006-163-051
LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN
Planning Commission Resolution No. 2019-04 Page 3
• 1 • • ...�
APN 00, .163-051
Project - No. PLMA-18-0004
PLANNING DIVISION
Exhibit 2
The applicant shall defend, indemnify and hold harmless the City and its officials, boards,
commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding
against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the
maximum extent permitted by Government Code section 66477.9. To the extent permitted by
Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in
accordance with this condition shall apply to any and all claims, actions or proceedings brought
concerning the project, not just such claims, actions or proceedings brought within the time period
provided for in applicable State and/or local statutes. The City shall promptly notify the applicant
of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully
in the defense. Nothing contained in this condition shall prohibit the City from participating in the
defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall
reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted
by Government Code section 66477.9.
2. Prior to and as a condition of approval of the map amendment, the applicant shall provide for City
review an executed agreement between Water Street LLC and Spanos LLC or their successors in
interest that provides for and requires dedication of public right-of-way for APNs: 006-163-005, 006-
163-022, 006-163-025, 006-163-028, 006-163-052, 006-163-053, that lie within the adopted Water Street
plan line, consistent with Condition #82 of Planning Commission Resolution No. 2018-03, such that
necessary rights to commence Water Street construction are conveyed, and so that an irrevocable
offer of dedication or other permanent right of way conveyance acceptable to the City is
conveyed prior to acceptance and approval by the City of the Water Street improvements and
Water Street Property's development project.
3. Future development of the expanded privately -owned lot shall also be conditioned on
development of the adjacent civic space parcel (approximately 4,134 square feet) to implement
the civic space standards permitted in the T5 zoning district, as outlined in SmartCode Table
4.50.030.A. The civic space shall be oriented towards the Petaluma River and the ultimate design
and amenities provided within the civic space shall be reviewed as part of Site Plan and
Architectural Review for the larger project entitlements. The civic space shall provide for public
access and shall be maintained in perpetuity by the property owner.
4. The design, and amenities of the proposed civic spaces shall be reviewed by the Recreation, Music,
and Parks Commission for feedback and recommendation prior to Site Plan and Architectural
Review consideration by the Planning Commission.
5. To better integrate the future civic space with the Petaluma River and the policies and objectives
of the Petaluma River Enhancement Plan, General Plan, and Central Petaluma Specific Plan, the
access road to the city pump station shall be surfaced with scored concrete or comparable
material, subject to approval by the City Engineer, as part of public improvement plans for North
Water Street. The access road to the City pump station shall be designed to soften the interface
between the civic space, the access road, the pedestrian path, and the Petaluma River.
Planning Commission Resolution No. 2019-04 Page 4