HomeMy WebLinkAboutOrdinance 2720 N.C.S. 02/24/20201
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EFFECTIVE DATE ORDINANCE NO. 2720 N.C.S.
OF ORDINANCE
March 25, 2020
Introduced by Seconded by
Dave King Kathy Miller
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 approximatelyl0 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
Ordinance No. 2720 N.C.S.
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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; 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
Ordinance No. 2720 N.C.S.
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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
WHEREAS, a copy of the public notice of the February 3, 2020 public hearing before the City
Council to consider certifying the Sid Commons FEIR and to consider the appeal 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 Map 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, at a duly noticed hearing on February 3, 2020, the City Council adopted Resolution
No. XX, 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 Zoning Map
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 on the basis of the 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 facto denial of the Zoning Map Amendment of APN-009, and approves the Zoning Map
Amendment to rezone the parcel from PUD to R4.
Section 2: Findings. The City Council of the City of Petaluma hereby finds:
a. 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.
b. The proposed Zoning Map Amendment to change the zoning designation of APN 019-010-
009, located at northern terminus of Graylawn Avenue, from Oak Creek Apartment PUD to
Residential 4 is consistent with the Petaluma General Plan Land Use Map which designates the
land as Medium Density Residential. Pursuant to Implementing Zoning Ordinance §4.020, R4 is
the Zoning District which is consistent with and which implements the Medium Density
Residential land use classification of the General Plan.
c. The proposed Zoning Map Amendment does not constitute spot zoning, as abutting property
APN 019-010-006, with which the subject APN -009 shares 442 linear feet of property line, is
Ordinance No. 2720 N.C.S.
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1 zoned R4. Likewise, land adjacent to the subject APN -009, both on the opposite side of the
2 SMART rail line and on the opposite side of the Petaluma River, is zoned R4.
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4 d. The proposed Zoning Map Amendment is consistent with the General Plan and other
5 applicable plans such as the River Access and Enhancement Plan and the Bike Plan, and any
6 future development of APN-009 would continue to be subject to these plans. Table 12-2 of
7 the DEIR demonstrates that a project at the site can be designed that is generally consistent
8 with policies presented in the General Plan, River Access and Enhancement Plan, and the
9 City's Bicycle and Pedestrian Plan.
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11 e. The public necessity, convenience, and general welfare clearly permit the rezoning of the
12 northern portion of the Sid Commons site (APN-009) to R4, as R4 is the zoning district that is
13 consistent with and implements the site's existing Medium Density Residential General Plan
14 land use classification. Having the site zoned R4 would then make possible the review and
15 development of an R4 -compliant and Medium Density -compliant residential project with the
16 following public necessity, convenience, and general welfare serving attributes:
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18 i. A proposed Project would add to the City's housing supply in a manner anticipated by
19 the General Plan (as demonstrated by its Medium Density land use designation) and by
20 the Housing Element (as demonstrated by its Land Inventory of Opportunity Sites table),
21 and in a manner consistent with General Plan housing policies including 1-P-1 to promote
22 a range of land uses at densities and intensities to serve the community's needs within the
23 Urban Growth Boundary (UGB) and policy 1-P-2 to use land efficiently by promoting infill
24 development, at equal or higher density and intensity than surrounding uses.
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26 ii. A proposed Project could assume responsibility for creating affordable housing on-site as
27 directed by Housing Element Policy 4.2; for example, the Revised Sid Commons Project
28 proposes that 10% of the units be affordable.
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30 iii. A proposed Project would be charged with developing the river terrace on site as directed
31 by General Plan 8-P-28, thus, incrementally lessening Citywide flood impacts. The Revised
32 Sid Commons project analyzed by the FEIR proposes this river terrace and designs that
33 terrace so as to preserve all protected trees in the terrace area as well as the highest value
34 riparian habitat areas and the largest on-site wetland, removing invasive monocultures of
35 Himalayan blackberry thickets. The project then follows the terrace work with a Habitat
36 Restoration Plan, as directed by the River Access and Enhancement Plan, that will support
37 native and protected plantings, revegetate the re-contoured terrace area with native
38 riparian vegetation, and create 0.47 new acres of perennial and seasonal wetlands.
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40 iv. A proposed Project would be charged with developing a riverside path along the site's
41 River frontage, as directed by the River Access and Enhancement Plan. The Revised Sid
42 Commons project analyzed by the FEIR proposes this riverside path along the full width of
43 the site's River frontage and provides public access to that riverside path (as well as to the
44 existing river path along the Oak Creek Apartments) via a sidewalk extension from the
45 existing sidewalk on Graylawn Avenue.
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47 v. A proposed Project would be subject to subsequent Site Plan and Architectural Review
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50 f. An Environmental Impact Report was prepared in compliance with the California
51 Environmental Quality Act for the proposed project, inclusive of the proposed zoning map
52 amendment. The City Council approved Resolution No. 2020-021 N.C.S. on February 3, 2020
53 certifying the EIR, making findings of fact, and adopting the MMRP.
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Ordinance No. 2720 N.C.S. Page 4
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Section 3:
No other amendment of Implementing Zoning Ordinance. Except as amended herein,
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the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S.
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remains unchanged and in full force and effect.
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Section 4:
Severability. If any section, subsection, sentence, clause, phrase or word of this
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ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid
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by a court of competent jurisdiction or preempted by state legislation, such decision
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or legislation shall not affect the validity of the remaining portions of this ordinance.
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The City Council of the City of Petaluma hereby declares that it would have passed
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and adopted this ordinance and each and all provisions thereof irrespective of the
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fact that any one or more of said provisions be declared unconstitutional, unlawful or
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otherwise invalid.
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Section 5:
Effective Date. This ordinance shall become effective thirty (30) days after the date of
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its adoption by the Petaluma City Council.
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Section 6:
Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
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ordinance or a synopsis for the period and in the manner provided by the City
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Charter and other applicable law.
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INTRODUCED and ordered posted, this 3rd day of February 2020, by the following vote:
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ADOPTED this
24th day of February 2020, by the following vote:
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Ayes:
Healy, Kearney, King, Vice Mayor McDonnell, Miller
29 Noes:
30 Abstain:
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Absent:
ATTEST:
Mayor Barrett, Fischer
None
None
oys /
Claire ... -Clerk
Teresa Barrett, Mayor
APPROVED AST FORM:
Eric Danly, City Attorney
Ordinance No. 2720 N.C.S. Page 5