HomeMy WebLinkAboutResolution 2020-022 N.C.S. 02/03/2020Resolution No. 2020-022 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL
UPHOLDING THE APPEAL FILED BY APPLICANT,
OVERTURNING THE PLANNING COMMISSION'S DENIAL, AND AMENDING
THE OAK CREEK APARTMENTS PLANNED UNIT DEVELOPMENT
TO REFLECT THE REZONING OF APN 019-010-009 FROM THE PUD
(APN 019-010-007 and 008)
WHEREAS, on December 30, 1981 the Gray Annexation area containing 147 acres was
incorporated into the City of Petaluma by Resolution 9336 and zoned R1-6500 (Single-family
Residential); and
WHEREAS, on December 20, 1982 the Oak Creek Apartments Planned Unit Development
(PUD) was created by Ordinance No. 1523 N.C.S. and rezoned approximately 17.56 non-floodway
acres over APN 019-010-007, -008, and -009; and
WHEREAS, the Oak Creek Apartments PUD included development of the 76 -unit Oak
Creek Apartments on approximately 5.8 acres (APN -007) and included use restrictions on the
approximately 11 acres of undeveloped land (APN -009) to be compliant with the "Planned
Residential" General Plan designation applicable to the area in 1982, which allowed a maximum of
6.0 dwelling units to the acre; and
WHEREAS, on December 20, 1982 the City Council by Resolution 9628 N.C.S. adopted the
Oak Creels Apartments Unit Development Plan for the 76 -unit Oak Creek Apartment complex and
including age restriction for all occupants; and
WHEREAS, on June 4, 1984 the City Council by Resolution 84-121 N.C.S. modified the
Oak Creek Apartments Unit Development Plan to remove the originally approved age restriction for
the Oak Creek Apartments, to require play apparatus and an open lawn play area, and to require the
addition of 3 8 additional parking spaces at the north end of the approved apartment complex; and
WHEREAS, the addition of a northern parking lot and play area to implement the
requirements of City Council Resolution No. 84-121 N.C.S. increased the area of the Oak Creek
Apartment complex to approximately 7.5; and
WHEREAS, the current General Plan land use designation of the property within the Oak
Creek Apartment PUD boundaries is Medium Density Residential (allowing between 8.1 and 18.0
dwelling units to the net acre), and the 76 -unit Oak Creek apartment complex occupying
approximately 7.5 acres of non-floodway lands represents a density of approximately 10 units to the
acre, consistent with the Medium Density Residential land use designation; and
WHEREAS, the J. Cyril Johnson Investment Corp. submitted an application for a PUD
Amendment to modify the Oak Creek Apartments PUD regulations to reflect the proposed Zoning
Map Amendment to rezone APN -009 out of the Oak Creek Apartments PUD to the R4 zoning
district; and
Resolution No. 2020-022 N.C.S. Page 1
WHEREAS, Chapter 19 of the IZO includes provisions for modification to existing PUDs
and specifies that PUD modifications are subject to the same findings as were required for the
original approval; and
WHEREAS, IZO Section 19.040(E) requires consideration and recommendation by the
Planning Commission prior to City Council adoption of a PUD Amendment by Resolution; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed PUD modifications on November 19, 2019, considered the staff report analyzing the
application dated November 19, 2019; and
WHEREAS, a copy of the public notice was published in the Argus Courier and mailed to
residents and occupants within 1000 feet of the Oak Creek Apartments PUD boundary (as well as to
residents and occupants within 1000 feet of all involved Sid Commons properties), in compliance
with state and local law; and
WHEREAS, the project is subject to the California Environmental Quality Act (CEQA) and
the City of Petaluma as the lead agency prepared an Environmental Impact Report (EIR) inclusive of
a Draft Environmental Impact Report (DEIR) and a Final Environmental Impact Report (FEIR),
which was prepared in full compliance with CEQA provisions, for the project including the PUD
Amendment; and
WHEREAS, at a duly noticed public hearing on November 19, 2019 the Planning
Commission approved Resolution No. 2019-21 recommending City Council certify the EIR, make
findings of fact, and adopt the Mitigation Monitoring and Report Plan; and
WHEREAS, at said public hearing a motion to approve a resolution recommending City
Council approval a Zoning Map Amendment and PUD Amendment failed by a 2-5 vote and
resulting in a defacto denial of the Zoning Map Amendment and PUD Amendment; and
WHEREAS, Implementing Zoning Ordinance (IZO 19.040.A) states that Planning
Commission denial of a PUD Amendment shall terminate the proceedings, unless such decision is
appealed to the City Council; and
WHEREAS, on December 2, 2019, the applicant filed a timely appeal of the Planning
Commission's denial of the zoning modifications; and
WHEREAS, the appeal letter noted that, in conjunction with the appeal, the team would be
modifying the project based on feedback received from the Planning Commission and the public;
and
WHEREAS, on January 8, 2020, the applicant submitted a newly revised 180 -unit concept
plan responsive to concerns noted by the Planning Commission (including increased setback from
the mapped River Plan Corridor and 100 -year floodplain) and that continues to be consistent with
the range of alternatives evaluated by the EIR; and
WHEREAS, AB 3194, which is codified in Section 65589.5 of the Government Code, and
is entitled the Housing Accountability Act, prohibits a local government from requiring a rezoning
of a property if a housing proposal is consistent with the underlying general plan land use
designation, and effectively invalidates any component of the existing zoning that precludes a
project from being developed to the maximum density of the underlying General Plan designation;
and
Resolution No. 2020-022 N.C.S. Page 2
WHEREAS, the Oak Creek Apartment PUD contains components that restrict use of APN -
009 to a level below the density range of the Medium Density Residential land use designation; and
WHEREAS, Under AB 3194, those aspects of the existing Oak Creek Apartment PUD that
preclude development of APN -0009 to the maximum density of 18 units per net acre as allowed by
the Medium Density Residential General Plan land use designation are unenforceable, and the
applicant could develop up to 288 units on the 16 net acre; and
WHEREAS, in response to feedback provided at the November 19, 2019 Planning
Commission meeting the applicant submitted a newly revised concept plan proposing 180 units and
modifying the project footprint to pull the proposed development further away from the Petaluma
River, increasing tree preservation, incorporating 10% onsite affordable units to low income
households, and committing to an all -electric residential project; and
WHEREAS, while AB 3194 would allow a significantly more intense project with fewer
zoning criteria than the requested R-4 zoning district, the applicant has indicated a desire to continue
with the newly revised concept plan and to seek a Zoning Map Amendment and PUD amendment to
implement the R-4 zoning consistent with the Medium Density Residential land use designation and
modify the Oak Creek Apartment PUD to reflect said changes; and
WHEREAS, at a duly noticed hearing on February 3, 2020, the City Council adopted
Resolution No. 2020-021 N.C.S., certifying an Environmental Impact Report for the project, in
conformance with the California Environmental Quality Act (CEQA); and
WHEREAS, on February 3, 2020, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the appeal of the Planning Commission's denial of the Oak Creek
Apartment PUD Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
A. The above recitals are true and correct and incorporated herein by reference.
B. Based on the entire record herein, the City Council makes the following findings:
1. Pursuant to recent State AB 3194, the proposed Zoning Map Amendment is not
required, but remains proposed by the applicant in order to establish orderly
development parameters consistent with the site's Medium Density Residential
General Plan land use classification.
2. The PUD Amendment is consistent with the General Plan 2025 Medium Density
Residential land use designation in that the Medium Density Residential provides
for a variety of dwelling types, including multi -family housing at a density of 8.1 to
18.0 units/acre.
3. The PUD is, for the reasons discussed in the November 19, 2019 Planning
Commission staff report, consistent with the following General Plan policies: Policy
1-P-1 (Density within the UGB), Policy 1-P-2 (Efficient Land Use), Policy 1-P-28
(Development within the UGB) and Housing Element Policies 11-P-2 (Encourage
Housing on Underutilized Land).
Resolution No. 2020-022 N.C.S. Page 3
4. The PUD Amendment is consistent with all requirements of IZO Chapter 19
related to modifications to existing residential PUDs.
C. As required by IZO 19.040.E.5., the PUD Amendment does not affect the ability of the
PUD to remain complaint with the required findings of the existing Oak Creek
Apartments PUD, as stated in the original adoption resolution (City Council Resolution
9628 N.C.S.) or in subsequent approvals (City Council Resolution 84-121 N.C.S.) in that:
Modifications to the Development Standards recognize the existing Oak Creek
Apartment Complex as originally built and subsequently modified;
2. The PUD Modification incorporates the Zoning Map Amendment adopted the City
Council (Resolution No. 2020-22) by modifying the boundaries of the PUD and
eliminating references to APN -009 to which the PUD no longer applies;
3. The amendment will maintain the Oak Creek Apartments' existing relationship to
Graylawn Avenue, which has functioned as a suitable thoroughfare for the apartment
complex since its development in 1984;
4. The developed Oak Creek Apartments continue to present the unified and organized
arrangement of buildings and service facilities, appropriate in relation to adjacent
properties and with adequate landscaping in place, as approved by the City in the
1980s;
5. The PUD Amendment includes modifications to clean up the development standards
and make the a more usable document into the future to ensure continued
implementation of the essential aspects of the PUD;
6. The proposed PUD modification will continue to preserve the existing natural and
scenic qualities of the Oak Creek Apartments site including its heritage oak trees and
planted vegetation, riverside orientation, and landscaping. Public space along the
river will remain as will private community spaces within the apartment complex
including the community pool and clubhouse; and
7. No development is proposed or anticipated within the Oak Creek Apartments
complex. Any future development within the Oak Creek Apartments would remain
subject to the PUD findings that such development will not be detrimental to the
public welfare, will be in the best interests of the City, and will be in keeping with the
general intent and spirit of the zoning regulations of the City of Petaluma, with the
Petaluma General Plan, and with any applicable plans adopted by the City, including
the River Access and Enhancement Plan. Any such future development would also
remain subject to site plan and architectural review and to development standards of
the Oak Creek Apartments PUD.
D. An EIR for the project satisfying all requirements of the California Environmental
Quality Act (CEQA) was prepared and the City Council certified the EIR, made findings
of fact, and adopted the MMRP.
E. Based on its review of the entire record herein, including the November 19, 2019
Planning Commission staff report, the February 3, 2020 City Council staff report, all
supporting, referenced, and incorporated documents, and all comments received, the City
Resolution No. 2020-022 N.C.S. Page 4
Council approves the modified Oak Creek Apartment PUD attached as Exhibit 1 hereto
and incorporated herein by reference.
F. This resolution will be of no force and effect unless and until the Ordinance upholding
the appeal filed by the applicant, overturning the Planning Commission's denial, and
amending the Implementing Zoning Ordinance, Ordinance 2720 N.C.S. takes effect, and
upon Ordinance 2720 N.C.S. taking effect, this resolution will take effect without further
action of the City Council.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A proved' as to
Council of the City of Petaluma at a Regular meeting on the 31 day of February form
2020, by the following vote: / z
'—Ci Attrney
AYES: Healy; Kearney; King; McDonnell; Miller
NOES:
Mayor Barrett; Vice Mayor Fischer
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
Mayor
Resolution No. 2020-022 N.C.S. Page 5
Exhibit 1
L
Originally Adopted by Petaluma City Council in 1982 (City Council Resolution No. 9628)
Amended by the Petaluma City Council in 1984 (City Council Resolution No. 84-121 N.C.S.)
Combined, Amended, and Restated on February 3, 2019 (City Council Resolution No. 2020-022
N.C.S.)
Resolution No. 2020-022 N.C.S. Page 6
1.0 PUD Zoning District General Provisions: The purpose of this document is to provide written
standards based on the Oak Creek Apartments as built and approved by previous approvals.
The overall objective is to memorialize the as built condition and carry forward those conditions
essential to the original approval.
2.0 Applicability
2.1 Location: The Oak Creek Apartment PUD Regulations apply to the approximately 6.58 -
acre site on Graylawn Avenue that is developed as the Oak Creek Apartments.
2.2 Boundaries: The boundaries of the Oak Creek Apartments PUD include approximately
6.58 acres of APN 019-010-007 that lies outside of the Floodway as defined by the 2014
FEMA Flood Mapping. The PUD also includes APN 019-010-008 which is an approximately
0.52 acre privately owned landscaped area at the Graylawn turn around. This area is
encumbered with an irrevocable offer of dedication to the City of Petaluma (PM No.
307) and is not a legal lot of record but a component of the PM No. 3017 remainder
parcel.
2.3 Boundary Modification: City Council Resolution No. 2019 -XX approved a Zoning Text
Amendment to rezone an approximately 11.73 -acre parcel (APN 009-010-009) and
remove said property from the Oak Creek Apartments PUD.
2.4 Effect of Prior Actions: The following actions were incorporated into the Oak Creek
Apartments PUD and shall no longer be in effect:
2.4.1 City Council Resolution No. 9628
2.4.2 City Council Resolution 84-121 N.C.S.
2.5 Relationship to IZO: Where the Oak Creek Apartments PUD regulations are silent on a
matter related to land use or development, or less restrictive than the City ordinance or
policies, the properties in the Oak Creek Apartments PUD shall be subject to applicable
City of Petaluma ordinances and development policies.
3.0 Permitted Uses
3.1 The only permitted use under the PUD is the 76 -unit Oak Creek Apartments and
associated amenities (community room, club house, pool, etc.)
4.0 Parking
4.1 Minimum Parking Required: 170 parking space shall be provided on site, pursuant to the
project design approved by Resolution 84-121 N.C.S. (that is 152 spaces (two
spaces/unit) plus 38 additional spaces).
4.2 Future modifications of the Oak Creek Apartments may be subject to the parking
standards as outlined in the zoning ordinance, if found appropriate through the Site Plan
and Architectural Review Process.
4.3 Recreational vehicles parking shall not be allowed on-site. (Reso 9628 -- Condition #15)
4.4 ADA and guest parking should be clearly identified to avoid confusion by users. (Reso
9628 -- Condition #3b)
5.0 Conditions of Approval
5.1 A Portion of the property within the boundaries of the Oak Creek Apartments PUD is
within the City's Floodplain overlay zoning district. Any proposed modifications within the
Floodplain area are subject to Floodplain regulation contained in the current zoning
ordinance. See latest Floodplain Mapping. (Informational)
Resolution No. 2020-022 N.C.S. Page 7
5.2 The PUD is subject to the River Access and Enhancement Plan and any proposed
modifications are subject to that Plan. (Informational)
5.3 The existing children's play area including play apparatus and an open lawn area is a
required component of the Oak Creek Apartments project. Minor maintenance and
upgrades are allowed but significant changes to the children's play area are subject to
Site Plan and Architectural Review. (Reso 84-121)
5.4 If any subsurface archaeological materials are encountered, all work shall be
immediately halted, and a qualified archaeological consultant contact in order to
evaluate the materials and formulate appropriate strategies for their preservation and
protection. (Reso 9628 -- Condition #1)
5.5 Applicable Noise Regulations as outlined in the zoning ordinance apply to all use of the
site. Any future remodel or construction shall be designed with consideration of the
SMART rail line use and appropriate noise attenuation in construction. (Reso 9628 -
Condition #2)
5.6 All sidewalks within the Oak Creek development shall assure logical connections are
made to the existing sidewalks along Graylawn Avenue as well as to building and activity
centers with the complex. (Reso 9628 -- #Condition 3a)
5.7 That portion of a natural rock outcropping that was preserved during construction of the
Oak Creek Apartments by its incorporation into a small landscape and traffic calming
island within the Graylawn Avenue is intended to be permanently preserved.] (Reso 9628
-- Condition #5)
5.8 All existing on-site Oak trees shall be permanently preserved in healthy growing
condition. (Reso 9628 -- Condition #5)
5.9 Any future modification in the area designated as Petaluma River Floodway shall be
subject to prior approval by the Planning Commission. (Reso 9628 -- Condition #5)
5.10 The northernmost street turn -around (in Graylawn Avenue) shall be fully landscaped and
maintained. (Reso 9628 -- Condition #8)
5.11 The riverside pedestrian path shall be developed and maintained along the full length of
the site. (Reso 9628 -- Condition #9)
5.12 Development rights to the full strip of land located along the River and in the Floodway
shall be dedicated to the City for the purposes of creating permanent open space as
required by Condition 10 of Reso 9628. Dedication of the strip has occurred for Public
Access and Hydraulic Maintenance and for Re -vegetation, Restoration, Planting, and
Vegetation Management and Bank Stabilizations; the easement shall be revised to also
dedicate development rights to the full strip to the City for the purpose of permanent
open space. (Reso 9628 --Condition 10)
5.13 The area between the apartment complex and the river shall be landscaped and
irrigated. Any modifications shall be subject to review and approval by the Planning
Director. (SPARC 1983 approval -- Condition #12)
5.14 The storm water system shall remain as approved by the City Engineer. The owner is
responsible for conducting ongoing hydraulic maintenance of the storm water system
and detention basins. All future owners of the property shall likewise maintain the system.
' However, the rock outcropping island is on land that has been dedicated as City right-of-way and is outside the limits of the
PUD. Thus, the City could choose to modify the island.
Resolution No. 2020-022 N.C.S. Page 8
Should the City ever need to enforce proper maintenance of the system, reimbursement
for all costs shall be borne by the apartment owner. (Reso 9628-- Condition #14)
6.0 Modifications
6.1 PUD Guidelines: From time to time it may be necessary and desirable to modify the Oak
Creek Apartments PCD development standards. Modifications shall be in accordance
with IZO Chapter 19 (Planned Unit District and Planned Community District).
6.2 Oak Creek Apartments: Any proposed modifications or reconstruction shall be subject to
Site Plan and Architectural Review in accordance with zoning ordinance provisions prior
to the issuance of any on-site development permits. (Reso 9628 -- Condition #6)
6.3 Parking Modifications: Revisions to the parking area shall be subject to Site Plan and
Architectural Review. (Reso 84-121 -- Condition #1)
Resolution No. 2020-022 N.C.S. Page 9