HomeMy WebLinkAboutAgenda Bill 4.E 07/14/2003I
: CITY OF PETALUMA, CALIFORNIA
AGENDA BILL JUL 2003 4o
Agenda Title:
Meeting Date: July 14, 2003
Discussion, and Introduction (First Reading) of An Ordinance
Amending Ordinance No. 1072 N.C.S. (Zoning Ordinance)
Meeting Time: X 3:00 PM
Adding Article 19.7 "T -C, Theater Combining District With
Findings Recommended by the Planning Commission
Cate or x Public Hearin
Department:
Director:
Contact Person:
Phone Number:
Redevelopment
Paul Mararigella
Paul Marangella
778-4581
Cost of Proposal: SO Account Number: 901-400-9016
Amount Budgeted: SO Name of Fund: CBD Project Area
Attachments to Agenda Packet Item:
1. Draft Findings for the Petaluma Theater Combining District Ordinance
2. Ordinance Amending Ordinance No. 1072 N.C.S. (Zoning Ordinance) Adding Article 19.7 "T -C,
Theater Combining District
Summary Statement:
The City Council has received a development application for a project (referred to as the "Petaluma Theater
District") that will be a mixed-use project within existing Downtown Petaluma. The subject parcels are generally
between "B", "C", "D", 1", 2nd, and "F" Streets, Petaluma Boulevard and the Petaluma River. The subject parcels
are within the boundaries of the Central Petaluma Specific Plan (CPSP).
The main focus of the mixed-use proposal will include a new 12 -screen cinema and parking structure. Other uses
within the proposal would allow for: national and local retailers; restaurants focusing on both daytime food service as
well as evening fine dining; office space; and, residential uses in the form of apartment and loft style housing.
Basin Street Properties (the project developer) is requesting approval of a Development Agreement (DA) and an
wner Participation Agreement (OPA) with regard to the project. These agreements govern, among other things, the
timing of the development of the project, funding and other obligations with Basin Street Properties, the City of
Petaluma and the City of Petaluma Community Development Commission (PCDC). The project proposal also
includes an amendment to the City's Zoning Ordinance that would establish a designated area in the city where
movie theaters are permitted. The Ordinance is necessary to promote the development of a movie theater within the
downtown. The boundaries of the Theater Combining District are as follows: Washington/East Washington Street
(north), Weller Street (east), "D" Street (south) and Sixth/Howard Street (west).
Therefore, the purpose of this item is to address the terms of the proposed development agreement by introducing
and adopting an amendment to the Zoning Ordinance, which provides for a downtown Theater Combining District,
and pass the Ordinance to a second reading.
Recommended City Council Action/Sua ested Motion:
It is recommended that the City Council: l.) Introduce an amendment to the Zoning Ordinance, which
provides for a Theater Combining District, 2.) Adopt the Ordinance with the findings recommended by the
Planning Commission for the Theater Combining District Ordinance and pass it to a second reading on
August 4, 2003.
RJel ewe b Fi. n it tor:
Reviewed by City Attornev:
Date:
Approved by City Manager:
Date:
To`'dav's Date:
Revision # and Date Revised:
File Code:
#
July-'), 2003
CITY OF PETALUMA, CALIFORNIA
JULY 14, 2003
AGENDA REPORT
FOR
DISCUSSION AND INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING
ORDINANCE NO. 1072 N.C.S. (ZONING ORDINANCE) ADDING ARTICLE 19.7 "T -C, THEATER
COMBINING DISTRICT WITH FINDINGS RECOMMENDED BY THE PLANNING COMMISSION
1. EXECUTIVE SUMMARY:
The City Council has received a development application for a project (referred to as the "Petaluma
Theater District") that will be a mixed-use project within existing Downtown Petaluma. The subject
parcels are generally between "B", "C", "D", ls`, 2nd, and "F" Streets, Petaluma Boulevard and the
Petaluma River. The subject parcels are within the boundaries of the Central Petaluma Specific Plan
(CPSP).
The main focus of the mixed-use proposal will include a new 12 -screen cinema and parking structure.
Other uses within the proposal would allow for: national and local retailers; restaurants focusing on both
daytime food service as well as evening fine dining; office space; and, residential uses in the form of
apartment and loft style housing.
Basin Street Properties (the project developer) is requesting approval of a Development Agreement
(DA) and an Owner Participation Agreement (OPA) with regard to the project. These agreements
govern, among other things, the timing of the development of the project, funding and other obligations
with Basin Street Properties, the City of Petaluma and the City of Petaluma Community Development
gft Commission (PCDC). The project proposal also includes an amendment to the City's Zoning Ordinance
that would establish a designated area in the city where movie theaters are permitted. The Ordinance is
necessary to promote the development of a movie theater within the downtown. The boundaries of the
Theater Combining District are as follows: Washington/East Washington Street (north), Weller Street
(east), "D" Street (south) and Sixth/Howard Street (west).
Therefore, the purpose of this itein is to address the terms of the proposed development agreement,
introduce and approve an amendment to the Zoning Ordinance, which provides for a downtown Theater
Combining District, and pass the Ordinance to a second reading.
2. BACKGROUND:
Over the past several months, representatives of the City of Petaluma and Basin Street Properties have
worked on a development proposal to create a Theater District in the Central Business District
Redevelopment Project Area. The development proposal is consistent with the recently approved
Central Petaluma Specific Plan (CPSP). One element of the proposal provides for the development of a
movie theater described as follows:
Theater
A new 12 -screen, 1,400 seat theater building located on the south side of
Basin Street Town Center (formerly Victory Chevrolet) at the intersection
of "C" Street and Petaluma Blvd. The concessions and lobby for this new
theater will be accessed directly from "C" Street.
Size: 22,720 square feet, 12 -screen, 1,400 seats
Height: 30 feet, equivalent height of 2 -story building
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The theater will provide "first run" movies and may also show independent and foreign films. Th
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proposed ordinance does not apply to live performances.
The proposed Ordinance will expire in twenty years on September 3, 2023, unless rescinded by a
majority vote of the City Council.
Environmental Review
Environmental review was performed with regard to the proposed Theater Combining District
Ordinance. The finding for the ordinance are provided in Attachment 1.
3. ALTERNATIVES:
A. Hold a Public Hearing, Approve the Ordinance, and Pass to Second Reading: Under this
alternative, the City Council would fulfill a requirement of the proposed Development Agreement
between the City of Petaluma and Basin Street Properties, thereby allowing the Theater District
Project to be approved.
B. Provide Other Policy Direction As Appropriate: Under this alternative, the City Council would
direct staff to explore other options. This would invalidate the proposed Development Agreement.
4. FINANCIAL IMPACTS:
NONE
5. CONCLUSION:
A Development Agreement between the City of Petaluma and Basin Street Properties requires the
implementation of an ordinance promoting the development of movie theaters within the designated
boundaries of a downtown district. The adoption of an amendment to the Zoning Ordinance
accomplishes this requirement.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION:
An amendment to the Zoning Ordinance, Adding Article 19.7 "T -C, Theater Combining District will
allow the Theatre District Project to be developed.
7. RECOMMENDATION:
It is recommended that the City Council:
1.) Introduce an amendment to the Zoning Ordinance, which provides for a Theater Combining
District, and
2.) Adopt the Ordinance with the findings recommended by the Planning Commission for the
Theater Combining District Ordinance and pass it to a second reading on August 4, 2003.
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Attachment 1
Draft Findings for the Petaluma Theater Combining District Ordinance
ATTACHMENT 1
(Planning Commission Exhibit C)
Draft Findings for a Petaluma Theater District Ordinance
Bordered to the North by B Street and to the South by D Street
Bordered to the East by First Street and to the West by
Petaluma Boulevard 008-065•-002 & 003;
008-066-002, 003, 006, 007 & 009;
008-068-001, 002, & 003;
008-121-001, 008-121-007, 008, 009, 010, 011 and 012
Project File No: 03-ZOA-0260-CR
1. The proposed Amendment to Zoning Ordinance No. 1072 N.C.S., to for a Theater District
Ordinance will result in a more desirable use of land and a better physical environment than would be
possible under any single zoning district or combination of zoning districts.
2. The public necessity, convenience and welfare clearly permit and will be furthered by t10
proposed Amendment to the Zoning Ordinance, by approving a Petaluma Theater District Ordinance.
3. The requirements of the California Environmental Quality Act (CEQA) have been satisfied
through the preparation of an Initial Study and the drafting of a Mitigated Negative Declaration to avoid
or reduce to a level of insignificance, potential impacts generated by the proposed Petaluma Theater
District.
In compliance with the requirements of the California Environmental Quality Act, an Initial Study was
prepared for the rezoning of the site from Agricultural (A) to Planned Unit District (PUD). Based upon
the Initial Study, a determination was made that no significant environmental impacts would result. A
copy of this notice was published in the Argus Courier and provided to residents and occupants within
500 feet of the site, in compliance with CEQA requirements.
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V1 _ Attachment 2
ORDINANCE AMENDING ORDINANCE NO, 1072 N.C.S
i the Zoning Ordinance ADDING ARTICLE 19.7 "T -C
THEATER COMBINING DISTRICT99
Cel
AN ORDINANCE AMENDING ORDINANCE NO. 1072 N.C.S (the Zoning Ordinance) ADDING
ARTICLE 19.7 "T -C, THEATER COMBINING DISTRICT"
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WHEREAS, the City of Petaluma desires to, foster a viable and vibrant downtown. commercial district that is
relevant and important to all Petaluma residents; and
WHEREAS, a theater showing first -run, independent or foreign films located within a designated, downtown
commercial area is a key element to the success of a viable and vibrant downtown; and
WHEREAS, the City Council of the City of Petaluma finds that to accomplish the,goal of a viable and vibrant
downtown commercial district that it is necessary to establish a combining district of the City's Zoning
Ordinance within which movie theaters shall only be located, and;
WHEREAS, on July 14, 2003, the City Council of the City of Petaluma adopted a resolution approving a
Mitigated Negative Declaration for the Petaluma Theater District Project, and
WHEREAS, the proj ect description for the Petaluma Theater District Project includesa Theater District
Combining District Ordinance, and
WHEREAS, the Theater District Combining District Ordinance is subject to that environmental determination,
and
WHEREAS, the City Council finds that the proposed Amendment to Zoning Ordinance No, 1072 N.C.S.; for"
Theater District Ordinance will result in a more desirable use of land and a better physical environment th
would be possible under any single zoning district or combination of zoning districts, and
WHEREAS, the City Council finds the public necessity, convenience and welfare clearly permit and will be
furthered by the proposed Amendment to the Zoning Ordinance, by approving a Petaluma Theater District
Ordinance, and
WHEREAS, the City Council -finds that the requirements of the California Environmental Quality Act,(CI ;QA)
have been satisfied through the preparation of an Initial Study and the drafting of a., Mitigated Negative
Declaration to avoid or reduce to a level of insignificance, potential impacts generated by the proposed
Petaluma Theater District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA.DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Article 19.7, entitled "T -C, Theater Combining District" is hereby added to the City's Zoning
Ordinance to read as follows:
Article 19.7
T -C, Theater Combining District
Section 19.7.100, Purpose. It is the intent of the Theater Combining District to proinotethe development of
movie theaters within the designated boundaries of the district. Said theaters shall be a$0 -called "first -run"
movie theaters, but may also include limited, incidental showings of independent and foreign films. The
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l regulations established for this district shall not apply to theaters whose principal function is for "live"
perfonnances.
section 19.7.200 District Boundaries. The boundaries of the Theater Combining District shall be as follows:
Washington/East Washington Street (north), Weller Street (east), "D" Street (south) and Sixth/Howard Street
(west).
Section 19.7.300, Movie Theater Uses Prohibited in Other Designated Zones. Notwithstanding any other
provisions of this Zoning Ordinance, movie theaters as defined in Section 19.7.100, above, shall not be
permitted or conditionally permitted in any.zoning district of the City of Petaluma outside of the established
boundaries of the Theater Combining District. This limitation shall also apply to the zoning districts established
for the Central Petaluma Specific Plan, if said property lies within the boundaries of the Specific Plan, but
outside the boundaries of the Theater Combining District.
Section 19.7.400, Sunset Provision. Unless otherwise rescinded by a majority vote of the City Council, this
ordinance shall expire on (i) November 1, 2005 if construction of a first run movie theater in the Theater
Combining District containing at least eight screens has not commenced by such date, or (ii) November 1, 2006
if a first run movie in the Theater Combining District containing at least eight screens has not opened for
business to the public by such date, or, in any event, August 4, 2023. The expiration dates in subsections (i) and
(ii) shall be extended one day for each day of delay in the commencement of construction or opening for
business caused by Acts of God, riots, litigation challenges, or other circumstances beyond a developer's
reasonable control, as determined by the City Manager
—Section 2. The City Clerk is hereby directed to post this Ordinance for the period and in the manner required by
0e City Charter.
Section 3. If any section, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held
to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision 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.
Adopted this 4th day of August, 2003 by the following vote:
Council Member
Glass
Canevaro
Harris
Healy
Moynihan
O'Brien
Torliatt
'F' TEST:
Gayle Petersen, City Clerk
Aye No Absent
David Glass, Mayor