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HomeMy WebLinkAboutPlanning Commission Resolution 2019-18 11/19/2019RESOLUTION 2019-18 CITY OF . PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL DENIAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PETALUMA AND LOMAS PROPERTIES LLC FOR DEVELOPMENT OF THE CORONA STATION RESIDENTIAL PROJECT LOCATED AT 890 NORTH MCDOWELL BOULEVARD APN: 137-061-019 File No: PLMA-18-0006 WHEREAS, Government Code §65864, et seq., ("State Development Agreement Law") and Chapter 23, entitled "Development Agreements" ("City Development Agreement Requirements") of the Petaluma Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S, ("IZO"), specifically including IZO Section 23.010, authorize the City of Petaluma ("City") to enter into development agreements which may provide certainty to project applicants that upon approval of a project, the applicant may proceed with the project in accordance with the existing City policies, rules, and regulations, and subject to conditions of approval so as to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and . WHEREAS, in accordance with Section 23.030 of the City Development Agreement Requirements, the City may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property, so long as the person's interest entitles him or her to engage in such development; and WHEREAS, the City Development Agreement Requirements provide that development agreement applications shall be made in the same fashion as applications to amend the IZO, subject to the additional requirements specified in the City Development Agreement Requirements; and WHEREAS, in accordance with Section 65867 of the State Development Agreement Law and Section 23.070 of the City Development Agreement Requirements, hearings on proposed development agreements shall be held before the City's Planning Commission and the City Council, with mailed and published notice of the Planning Commission and City Council hearings given in accordance with the requirements of the State Development Agreement Law and the City Development Agreement requirements; and WHEREAS, Developer owns in fee certain real property consisting of a 6.5 -acre site located at 890 North McDowell Boulevard, A.P.N. 137-061-019 ("Property") in the City of Petaluma, as further described in Exhibit A attached hereto and incorporated by this reference; and WHEREAS, Developer's fee ownership of the Property entitles Developer to request a Development Agreement in accordance with Section 23.030 of the City Development Agreement Requirements; and WHEREAS, Developer has submitted applications to the City for development of the Corona Station Residential Project, a 116 unit residential project (the "Project") on the Property, including applications for a Development Agreement ("Development Agreement"), Density Bonus and Development Concession/Incentive ("Density Bonus"), a Tentative Subdivision Map ("Tentative Map"), Conditional Use Permit ("Use Permit"), and Site Plan and Architectural Review ("SPAR") for the Project, which is within the MU 1 B zone with Flood Plain -Combining (FP -C) Overlay, on the Property (together, "Project Approvals"); and Planning Commission Resolution No. 2019-18 Page 1 WHEREAS, in connection with the development of the Project, City Staff have prepared a proposed Development Agreement in accordance with the requirements of the State Development Agreement Law and the City Development Agreement Requirements for the Project; and WHEREAS, pursuant to the State Development Agreement Law and the City Development Agreement Requirements, notice of a public hearing before the Planning Commission on the Project Approvals, including the Development Agreement was mailed to all property owners within a 1,000 radius of the Property, and a public hearing notice was published once in the Petaluma Argus Courier on October 17, 2019, twenty-seven days prior to the Planning Commission hearing on the Project and the Development Agreement; and WHEREAS, on November 12, 2019 and November 19, 2019 the Planning Commission held a public hearing on the Project Approvals, including the Development Agreement, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, the Planning Commission found the overall project inconsistent with key policies in both the General Plan and Station Area Specific Plan calling for a mixed use transit oriented development to enhance and facilitate the second SMART station and therefore did not support the approval of the project, including the associated Development Agreement. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION AS FOLLOWS: 1. The above recitals are hereby declared to be true and correct and are hereby incorporated by reference. 2. Based on its review of the entire record herein, the Planning Commission makes the following findings: A. The Planning Commission held duly noticed public hearings regarding the Project Approvals including the Development Agreement, on November 12, 2019 and November 19, 2019 in conformance with the notice and other provisions of the State Development Agreement Law, including Government Code Sections 65090 and 65091, and the City Development Agreement requirements. B. The Project application proposes a 1 16 unit residential development referred to as the Corona Station Residential Project and seeks related land use entitlements for the Project, including applications for a Development Agreement, Density Bonus, Tentative Map, Conditional Use Permit, and SPAR for the Project on the Property which is within the MU 1 B zone with Flood Plain - Combining (FP -C) Overlay. D. The proposed project, including the implementation of the Development Agreement is inconsistent with the City's General Plan and the Station Area Master Plan in that it does not create a mixed use transit oriented development to facilitate and enhance the development of the second SMART station, nor does it create a project design that adequately engages or connects with the proposed SMART station. E. The project is inconsistent with General Policy 1-P-2 in that it does not promote infill development at an appropriate density or intensity given its location directly adjacent to the future SMART station and the lack of any proposed mix of uses or maximizing application of allowable density on the site. F: The project is inconsistent with General Plan Policy 1-P-6 in that the project has not been designed as a mixed development on the site and has not been designed to activate and Planning Commission Resolution No. 2019-18 Page 2 engage the future SMART station or to attract transit users to capitalize on the adjacency to the SMART station. G. The project is inconsistent with General Plan Policy 5-P-43 in that the project does not reflect transit oriented development along the McDowell Boulevard corridor and directly adjacent to the future SMART station. Based on its review of the entire record herein, including the November 12, 2019 and November 19, 2019 Planning Commission staff reports, all supporting, referenced, and incorporated documents, and all comments received, the Planning Commission hereby recommends that the City Council deny the request for a Development Agreement between the City of Petaluma and Lomas Properties, LLC for Development of the Corona Station Residential Project Located at 890 North McDowell Boulevard (APN 137-061-019). ADOPTED this 19th day of November, 2019, by the following vote: Commission Member Aye No Absent Abstain Councilmember McDonnell X Chair Alonso X Vice Chair Bauer X Gomez X Marzo X Potter X Streeter X ATTEST: ,f Scott Alonso, Chair APPROVED AS TO FORM: i H ather Hines, Com ssion Secretary Li nnenbaum, Assistant City Attor ey Planning Commission Resolution No. 2019-18 Page 3