HomeMy WebLinkAboutOrdinance 2749 N.C.S. 11/16/2020Ordinance No. 2749 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
December 16, 2020
ORDINANCE NO. 2749 N.C.S.
Introduced by: Mike Healy Seconded by: Dave King
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
ZONING MAP OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S.,
TO AMEND THE APPLICABLE ZONING DISTRICT FOR THE PROPERTY LOCATED AT
529 MADISON STREET, APN 007-041-006, FROM RESIDENTIAL 3 (R3)/FLOODWAY TO
THE RIVERBEND PLANNED UNIT DISTRICT/FLOODWAY
WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in
pertinent part that no amendment that regulates matters listed in Government Code §65850 shall be
made to the IZO unless the Planning Commission and City Council find the amendment to be in
conformity with the General Plan; and
WHEREAS, IZO §25.010 provides for Zoning Map Amendments, which in this case has been
initiated by the project applicant; and
WHEREAS, recently adopted citywide goals include efforts to create diverse housing
opportunities for all Petalumans; and
WHEREAS, on May 21, 2020, the City’s Notice of Intent to Adopt a Mitigated Negative
Declaration based on the Initial Study, providing for a 30-day public comment period commencing May
21, 2020 and ending June 21, 2020, and a Notice of Public Hearing to be held on June 23, 2020, before
the City of Petaluma Planning Commission were published in the Petaluma Argus-Courier and mailed to
all residents and property owners within 1,000 feet of the Project as well as all persons having requested
special notice of said proceedings; and
WHEREAS, the duly noticed public hearing scheduled for the Project on the Planning
Commission’s June 23, 2020 Agenda was continued to the July 14, 2020 Planning Commission Agenda
at the request of the Project Applicant; and
WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public
hearing to consider the Zoning Map Amendment on July 14, 2020, at which time all interested parties
had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the Staff Report dated June 23, 2020, and
Staff Memo dated July 14, 2020, including the California Environmental Quality Act (CEQA)
determination included therein and adopted Resolution No. 2020-07 recommending that the City
Council approves the Zoning Map Amendment; and
WHEREAS, on November 5, 2020, a public notice of the November 16, 2020 public hearing
before the City Council to consider the amendment was published in the Argus-Courier and mailed to all
properties within 1,000-foot radius of the project site; and,
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Ordinance No. 2749 N.C.S. Page 2
WHEREAS, on November 16, 2020, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the amendment.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: Findings. The City Council of the City of Petaluma hereby finds:
1. The proposed amendment to adopt the map revision for the Riverbend Planned Unit
Development, attached hereto as Exhibit 1, is in general conformity with the Petaluma General Plan 2025
and the Petaluma River Enhancement Plan in that the amendment implements the policies of both of the
plans as described in the June 23, 2020 Planning Commission Staff Report, the July 14, 2020 Planning
Commission Staff Memo, and the September 14, 2020 and November 16, 2020 City Council staff reports.
2. The public necessity, convenience, and general welfare clearly permit the adoption of the
proposed Zoning Map Amendment. The amendment will allow the project to cluster the development of
the project on a portion of the property that will, in-turn, allow for the creation of needed public assets
including a new public park and improvements to the Lynch Creek Trail at no cost to the City. The project
will provide needed housing and will provide four units of affordable housing at the low- and moderate-
income levels.
3. An Initial Study was prepared in compliance with the California Environmental Quality Act
for the proposed project, inclusive of the proposed zoning map amendment. The proposed project has been
determined that it could result in potentially significant impacts related to Air Quality, Biological
Resources, Cultural Resources, Geology/Soils, Land Use/Planning, Noise and Tribal Cultural Resources.
However, the Initial Study found that project impacts would be mitigated to a less-than-significant level
through implementation of recommended mitigation measures or through compliance with existing
Municipal Code requirements or City standards. The Planning Commission approved Resolution No.
2020-06 on July 14, 2020 adopting the Project’s Mitigated Negative Declaration (MND) and Mitigation
Monitoring Reporting Program (MMRP). The City Council subsequently considered an appeal of the
Planning Commission’s adoption of the MND and MMRP on September 14, 2020 and continued the
appeal hearing to a date uncertain. The City Council considered the appeal again on November 16, 2020,
and ultimately denied the appeal and upheld the Planning Commission’s adoption of the MND and MMRP
with approval of Resolution No. XX.
Section 2: City of Petaluma Zoning Map contained in the Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is hereby amended to change the Zoning District of the property at 529
Madison Street, APN 007-041-006, from Residential 3(R3)/Floodway to the Riverbend Planned Unit
District/Floodway attached hereto as Exhibit 1.
INTRODUCED and ordered published and posted this 2
nd
day of November 2020.
ADOPTED this 16
th
day of November 2020 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, Miller
Noes: None
Abstain: None
Absent: None
Recused: McDonnell
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Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
Kendall Rose, CMC, City Clerk Eric Danly, City Attorney
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