HomeMy WebLinkAboutStaff Report 4.B 02/24/2020TO:
FROM:
February 24, 2020
f
Honorable Mayor and Members of the City Council through City Manager
Tiffany Robbe, Senior Planner
SUBJECT: Adoption (Second Reading) of an Ordinance Upholding the Applicant's
Appeal, Overturning the Planning Commission's Denial, and Amending the
Zoning Map Contained in the Implementing Zoning Ordinance No.
2300N.C.S to Change the Zoning of the Property Located at the Terminus
of Graylawn Avenue (APN 019-010-009) From the Oak Creek Apartments
PUD to R4.
19 X4[0L4IL74 I D101117_11 V [ftl►1
It is recommended that the City Council adopt (second reading) an Ordinance upholding the
applicant's appeal, overturning the Planning Commission's denial, and approving the Zoning Map
Amendment to rezone parcel APN 019-010-009, from Oak Creek Apartments PUD (Planned Unit
District) to R4 (Residential 4).
BACKGROUND
At their meeting of February 3, 2020, the City Council approved introduction of an ordinance
upholding the applicant's appeal, overturning the Planning Commission's denial, and approving a
Zoning Map Amendment to rezone parcel APN 019-010-009, being the northern portion of the
Sid Commons project site and at the terminus of Graylawn Avenue, from the Oak Creek
Apartments PUD to R4. No changes were made to the draft ordinance at the hearing. The
introduction of the ordinance was not by a unanimous vote of the City Council and therefore a
synopsis of the ordinance was subsequently published.
ATTACHMENT
Attachment 1 Ordinance upholding the appeal, overturning the Planning Commission's denial,
and Rezoning APN 019-010-009, from Oak Creek Apartments PUD (Planned Unit
District) to R4 (Residential 4)
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EFFECTIVE DATE
OF ORDINANCE
Introduced by
ORDINANCE NO. N.C.S.
Seconded by
Attachment 1
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
UPHOLDING THE APPEAL FILED BY APPLICANT, OVERTURNING THE PLANNING
COMMISSION'S DENIAL, AND AMENDING THE ZONING MAP
CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE NO. 2300 N.C.S
TO REZONE THE PROPERTY LOCATED AT THE NORTHWEST TERMINUS
OF GRAYLAWN AVENUE (APN 019-010-009)
WHEREAS, vacant APN 019-010-009 (APN -009), along with abutting lands totaling 17.56 acres,
was rezoned from R1-6500 (Single Family Residential) and F.P.C. (Flood Plain Combining) to the Oak
Creek Apartment PUD (Planned Unit Development) and F.P.C. on December 20, 1982 by Ordinance
No. 1523 N.C.S. so that the 76 -unit Oak Creek apartment complex proposed to occupy approximately
5.8 acres would not require a General Plan Amendment by exceeding the General Plan designation
of "Planned Residential" applicable to the area in 1982, which allowed not more than 6.0 dwelling
units to the acre maximum; and
WHEREAS, the Oak Creek PUD restricted development of APN -009 until such time as the area
had a higher General Plan density and APN -009 site was rezoned; and
WHEREAS, the General Plan designation has been changed to designate the PUD area to
Medium Density Residential (allowing between 8.1 and 18.0 dwelling units to the net acre); and
WHEREAS, the existing 76 -unit Oak Creek apartment complex is located on approximately 7.5
acres of non-floodway lands, and has a density of approximately 10 units to the acre which is
consistent with the current Medium Density Residential land use designation and associated density
range of 8.1 to 18.0 units per acre; and
WHEREAS, rezoning APN -009 and reducing the boundaries of the Oak Creek Apartment PUD
does not create a non -conforming density for the existing the Oak Creek Apartments; and
WHEREAS, the Implementing Zoning Ordinance 4.020.G. specifies that the R4 (Residential 4)
Zoning District is consistent with and implements the Medium Density Residential General Plan land
use classification; and
WHEREAS, the property owner, J. Cyril Johnson Investment Corp., submitted an application for
a Zoning Map Amendment to rezone the vacant portion of the Oak Creek Apartment PUD (APN -009)
to R4 in order to accommodate their proposed Sid Commons Apartment complex ("the Project") at
the northern terminus of Graylawn Avenue, northwest of the existing Oak Creek Apartments; 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
Ordinance No. N.C.S.
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Attachment 1
Draft Environmental Impact Report (DEIR) and a Final Environmental Impact Report (FEIR), which was
prepared in full compliance with CEQA provisions; 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, pursuant to Implementing Zoning Ordinance §25.050, the City's Planning
Commission held a duly noticed public hearing on November 19, 2019, which included consideration
of the Zoning Map Amendment to rezone the parcel to R4 consistent with the General Plan Land Use
designation, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the staff report dated November 19, 2019,
including the Final Environmental Impact Report for the Sid Commons Apartment project, in
conformance with the California Environmental Quality Act (CEQA); and
WHEREAS, IZO §25.010 provides for Zoning Map Amendments which in this case has been
initiated by the property owner; and
WHEREAS, at said public hearing a motion to approve a resolution recommending City Council
approval of the Zoning Map Amendment failed by a 2-5 vote and resulting in a de facto denial of the
Zoning Map Amendment; and,
WHEREAS, Implementing Zoning Ordinance (IZO 25.050.13) states that Planning Commission
denial of a Zoning Map 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 applicant 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
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
Ordinance No. N.C.S.
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Attachment 1
moohnA the applicant submitted o 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 tounall-electric residential project; ond
WHEREAS, while /\B 3194 would allow V significantly more intense projectvith 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
WHEREAS, a copy of the public notice of the February 3, 2020 public hearing before the City
Council to consider certifying the Sid Commons FBR and toconsider the oppmo| regarding the
requested zoning map amendment was published in the Argus Courier and mailed to residents and
occupants within 1000 feet of the proposed Zoning Mop Amendment 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 to known interested parties; and
WHEREAS, otoduly noticed hearing onFebruary 3'2O20 the City Council adopted Resolution
No. 2020-021' certifying on Environmental Impact Report for the project, in conformance with the
California Environmental Quality Act (CEQA); and
WHEREAS, on February 3, 2020the City Council of the City of Peto|onno held o duly noticed
public hearing to consider the oppoo| of the Planning Commission's denial of the Zoning Mop
Amendment.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows:
Section 1. Appeal upheld and zoning amendment approved.
On February 3, 2020, the City Council fully considered all evidence presented before and at the duly
noticed public hearing regarding this matter, and onthe basis ofthe staff report, testimony and other
evidence, and the record of proceedings herein, upholds the appeal of the applicants Gary and
Mark Johnson filed with the City Clerk on December 2, 2019 and overturns the Planning Commission's
de hzch) denial of the Zoning Mop Amendment of APN-009, and approves the Zoning Mop
Amendment torezone the parcel from PUD toR4.
Section 2: Findings. The City Council ofthe City ofPetaluma hereby finds:
n. Pursuant torecent State /\83l94,the proposed Zoning Map Amendment bnot 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.
b. The proposed Zoning Map Amendment 10change the zoning designation ofAPN0l9-0l0-
OO9. located at northern terminus ofGroy1ovvnAvenue, from Oak Creek Apartment PUD to
Residential 4 is consistent with the Petaluma General Plan Land Use Map which designates the
land osMedium Density Residential. Pursuant |oImplementing Zoning Ordinance 84.02O'R4is
the Zoning District which is consistent with and which implements the Medium Density
Residential land use classification ofthe General Plan.
c The proposed Zoning Map Amendment does not constitute spot zoning, osabutting property
APN 019-010{}06' with which the subject APN -009 shares 442 linear feet of property line, is
zoned R4. Likewise, land adjacent to the subject APN -009, both on the opposite side of the
SMART rail line and onthe opposite side nfthe Petaluma River, bzoned R4.
Ordinance No. N.C.S.
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Attachment 1
d. The proposed Zoning Mop Amendment is consistent with the General Plan and other
applicable plans such as the River Access and Enhancement Plan and the Bike Plan, and any
future development ofAPN'UU9would continue to be subject tothese plans. Table 12-2 of
the DE|Rdemonstrates that oproject atthesdecmnbedesignedthotisgenerm||yconsistent
with policies presented inthe General Plan, River Access and Enhancement Plan, and the
City's Bicycle and Pedestrian Plan.
e. The public necessity, convenience, and general welfare clearly permit the rezoning ofthe
northern portion of the Sid Commons site (APN-009) to R4' as R4isthe zoning district that is
consistent with and implements the site's existing Medium Density Residential General Plan
land use classification. Having the site zoned R4would then make possible the review and
development of an R4 -compliant and Medium Density -compliant residential project with the
following public necessity, convenience, and general welfare serving attributes:
/\ proposed Project would add tothe City's housing supply inmmanner anticipated by
the General Plan (as demonstrated byits Medium Density land use designation) and by
the Housing Element (as demonstrated by its Land Inventory of Opportunity Sites table),
and in o manner consistent with General Plan housing policies including l -P-1 to promote
a range of land uses at densities and intensities to serve the community's needs within the
Urban Gnzv/h Boundary (UGB) and policy l-P-2to use land efficiently bypromoting infill
development, at equal or higher density and intensity than surrounding uses.
ii. /\ proposed Project could assume responsibilityfor creating affordable housing on-site Vs
directed by Housing Element Policy 42; for example, the Revised Sid Commons Project
proposes that 10% of the units be affordable.
iii. A proposed Project would be charged with developing the river terrace on site as directed
byGeneral Plan 8-P'28'thus, incrementally lessening Citywide flood impacts. The Revised
Sid Commons project analyzed bytho FBR proposes this river terrace and designs that
terrace so as to preserve all protected trees in the terrace area as well as the highest value
riparian habitat areas and the largest on-site wetland, removing invasive monocultures of
Himalayan blackberry thickets. The project then follows the terrace work with o Habitat
Restoration Plan, as directed by the River Access and Enhancement Plan, that will support
native and protected plantings, revege|otethe re-contoured terrace area with native
riparian vegetation, and create 0.47 new acres of perennial and seasonal wetlands.
i/. /\ proposed Project would be charged with developing ohversidepo1ho|ong|he site's
River frontage, osdirected bythe River Access and Enhancement Plan. The Revised Sid
Commons project analyzed by the FEIR proposes this riverside path along the full width of
the site's River frontage and provides public access to that riverside path (as well as to the
existing river path along the Oak Creek Apartments) via m sidewalk extension from the
existing sidewalk on Graylawn Avenue.
v. /\proposed Project would besubject tosubsequent Site F1on and Architectural Review
before the Planning Commission.
An Environmental Impact Report was prepared in compliance with the California
Environmental Quality Act for the proposed project, inclusive of the proposed zoning mop
amendment. The City Council approved Resolution No. 2020-021 N.C.S. on February 3, 2020
certifying the BR'making findings nffact, and adopting the MMRP.
Ordinance No. N.C.S.
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Attachment 1
Section 3: No other amendment of Implementing Zoning Ordinance. Except as amended herein,
the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S.
remains unchanged and in full force and effect.
Section 4: Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid
by a court of competent jurisdiction or preempted by state legislation, such decision
or legislation shall not affect the validity of the remaining portions of this ordinance.
The City Council of the City of Petaluma hereby declares that it would have passed
and adopted this ordinance and each and all provisions thereof irrespective of the
fact that any one or more of said provisions be declared unconstitutional, unlawful or
otherwise invalid.
Section 5: Effective Date. This ordinance shall become effective thirty (30) days after the date of
its adoption by the Petaluma City Council.
Section 6: Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
ordinance or a synopsis for the period and in the manner provided by the City
Charter and other applicable law.
INTRODUCED and ordered posted and published this 3rd day of February 2020, by the following vote:
ADOPTED this day of
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
Claire Cooper, CMC, City Clerk
2020, by the following vote:
Teresa Barrett, Mayor
APPROVED AS TO FORM:
Eric Danly, City Attorney
Ordinance No. N.C.S.