HomeMy WebLinkAboutPlanning Commission Resolution 2023-06 05/09/2023Planning Commission Resolution No. 2023-06 Page 1
RESOLUTION 2023-06
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION FOR AN 1.86-ACRE PORTION OF A 3.86-ACRE
PARCEL FROM RIVER DEPENDENT INDUSTRIAL TO MIXED USE
FOR THE OYSTER COVE MIXED USE NEIGHBORHOOD PROJECT SITE
LOCATED AT 100 EAST D STREET
ASSESSOR PARCEL NUMBER: 007-700-006
FILE NO. PLGP-2022-0003
WHEREAS, Joseph Scott Ward of Oyster Cove, LLC, on behalf of the property owner Lind Family
Trust, submitted a General Plan Map Amendment application to change the land use designation of an
approximately 1.86-acre portion of the 3.86-acre parcel addressed as 100 E D Street (Assessor Parcel
Number 007-700-006) from River Dependent Industrial (RDI) to Mixed Use, a Zoning Map Amendment
application to change the SmartCode Regulating Plan zoning on that same portion of the 3.86-acre
parcel from River Dependent Industrial (D3) to Urban Center (T5), and a Tentative Subdivision Map for
Condominium Purposes (TSM) application and associated SmartCode warrant requests, for the Oyster
Cove Mixed Use Neighborhood Project; and
WHEREAS, the Oyster Cove Mixed Use Neighborhood Project proposes to subdivide the three-
parcel, 6.13-acre project site comprised of parcels located at 100 E D Street, 0 E D Street, and 0
Copeland Street (APNs 007-700-006, -003, and -005) (the “Project”) into 22 lots with 132 airspace
condominiums and approximately 9,000 SF of commercial space; and
WHEREAS, the discretionary Planning entitlement Site Plan and Architectural Review is required
prior to the project commencing construction, and application for this required entitlement will be
submitted subsequent to City Council adoption of the requested General Plan and Zoning Map
Amendments and approval of the Tentative Subdivision Map application and associated SmartCode
warrant requests; and
WHEREAS, the City prepared an Initial Study for the Project consistent with California
Environmental Quality Act (CEQA) Guidelines §15162 and §15163 and determined that a Mitigated
Negative Declaration (MND) was required in order to analyze the potential for new or additional
significant environmental impacts of the Project beyond those identified in the General Plan EIR; and
WHEREAS, while the Initial Study/MND for the Project identified potentially significant impacts, all
significant impacts are mitigated to a less than significant level, and therefore the Project would not
result in any significant impacts to the environment; and
WHEREAS, the Planning Commission, at a duly noticed public hearing on May 9, 2023,
recommended the City Council adopt the project MND and Mitigation Monitoring and Reporting
Program; and
WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May
19, 2008; and
WHEREAS, the Project is subject to the Central Petaluma Specific Plan (CPSP), adopted by the
City in June 2003; and
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Planning Commission Resolution No. 2023-06 Page 2
WHEREAS, the Project is subject to the Petaluma SMART Rail Station Areas: TOD Master Plan,
adopted by the City on June 17, 2013; and
WHEREAS, the General Plan in the section entitled Amendments to the General Plan recognizes
that the General Plan will be subject to site-specific amendments needed from time to time to modify
policies that may be obsolete or unrealistic due to changed conditions such as development on a site;
and
WHEREAS, the General Plan refers to State law that limits the number of times a city can amend
its general plan by stating that generally, no jurisdiction can amend any mandatory element of its
General Plan more than four times in one year; and
WHEREAS, the General Plan in Figure 1-1 Land Use establishes land use designations for all
parcels in the City of Petaluma subject to the General Plan, and those land use designations include
Mixed Use and River Dependent Industrial; and
WHEREAS, land use designations established for parcels comprising the Project include River
Dependent Industrial designation for an approximately 1.86-acre portion of the 3.86-acre parcel
addressed as 100 E D Street (Assessor Parcel Number 007-700-006), with the remainder of the parcel
designated Mixed Use, Mixed Use designation for the parcel addressed as 0 East D Street (APN 007-700-
003), and Mixed Use designation for the parcel addressed as 0 Copeland Street (APN 007-700-005); and
WHEREAS, a portion of the Project site is identified in the 2015-2023 Housing Element as
Opportunity Site #32, capable of supporting up to 56 housing units; however, the MU designation within
the Central Petaluma Specific Plan area anticipated residential densities up to 60 dwelling units per
acre, though there are no established densities within the CPSP, rather density is regulated through
building form, mass, and height pursuant to the SmartCode; and
WHEREAS, the project site is identified in the 2023-2031 Housing Element, adopted by the City
Council on March 20, 2023, as capable of providing up to 132 housing units and identifies potential
constraints, including access easement; and
WHEREAS, the Project proposes adaptive re-use of the existing industrial site for a predominantly
residential mixed use development consisting of 132 residential condominium units, including 11
live/work units, and redevelopment of an industrial building into approximately 9,000 square feet of
commercial and public use space: and
WHEREAS, the project will comply with the City’s inclusionary housing requirement by reserving
15% of units for income-qualifying households (7.5% at Low-Income and 7.5% at Moderate Income), and
these affordable housing units will be integrated throughout the development’s 132 residential homes;
and
WHEREAS, General Plan Goal 1-G-1 Land Use seeks to maintain a balanced land use program
that meets the long-term residential, employment, retail, institutional, education, recreation, and open
space needs of the community; and
WHEREAS, Land Use Policy 1-P-1 promotes a range of land uses at densities and intensities to
serve the community needs, Policy 1-P-2 promotes infill development at equal or higher density and
intensity than surrounding uses in order to use land efficiently, and Policy 1-P-6 encourages mixed used
development, which includes opportunities for increased transit access; and
WHEREAS, the requested General Plan Map Amendment would further implement Goal 1-G-1
and Policies 1-P-1, 1-P-2, and 1-P-3 by changing the land use designation on the subject parcel to Mixed
Use to support the long-term residential needs of the community, by promoting proposed residential infill
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development at a higher density and intensity than surrounding uses that would use land more
efficiently, and by supporting mixed use development at a location that will increase transit access; and
WHEREAS, the 6th cycle Housing Element, adopted by the City Council on March 20, 2023,
forecasts the development of 132 housing units on the project site where the General Plan Amendment
is requested; and
WHEREAS, a virtual Neighborhood Meeting was held on June 8, 2022, at which the Project,
including the request for General Plan Amendment, was presented to meeting participants, and
meeting participants were given the opportunity to speak and no objections to the proposed General
Plan Amendment were raised; and
WHEREAS, the Planning Commission reviewed the Project, including the request for General Plan
Amendment, at a study session held during a virtual public meeting on June 28, 2022, and no objections
to the General Plan Amendment were raised; and
WHEREAS, the Project was scheduled for review by the Planning Commission at a public hearing
held on May 9, 2023, and public notice of the scheduled public hearing was published in the Argus-
Courier, mailed to property owners within 1,000 feet of the Project site, and posted on the project site in
the form of onsite signage, on April 28, 2023, in accordance with Implementing Zoning Ordinance
Section 24.100 Public Notice; and
WHEREAS, a staff report, dated May 4, 2023, described and analyzed the Project for the Planning
Commission, and the staff report reviewed the conformity of the Project, including the General Plan
Amendment, with General Plan 2025 and recommended approval of the Project and the staff report is
incorporated herein by reference and available for public review in the Planning Department at City
Hall during normal business hours; and
WHEREAS, the Planning Commission reviewed the staff report and draft MND at a noticed public
hearing on May 9, 2023, at which time all interested parties had the opportunity to be heard.
NOW THEREFORE, BE IT RESOLVED by the Petaluma Planning Commission as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into the
resolution as findings of the Petaluma Planning Commission.
2. The potential environmental impacts of the Oyster Cove Mixed Use Neighborhood Project, including
the proposed General Plan Amendments, were fully analyzed in the project-specific Mitigated
Negative Declaration (SCH Number 2023040175) containing all the requirements of CEQA
Guidelines Section 1532, inclusive of references, appendices, and all attachments thereto.
3. Approval of the proposed General Plan Amendment as outlined below is contingent upon the City
Council’s adoption of the project MND, including the adoption of the Mitigation Monitoring and
Reporting Program.
4. Government Code Section 65358 allows General Plan amendments when it is deemed in the public
interest to do so.
5. State law limits the number of times a local agency can amend its general plan to more than four
times yearly. The proposed amendment represents the first amendment request for 2023.
6. The Planning Commission hereby recommends that the City Council approve a General Plan
Amendment to amend General Plan Figure 1-1 Land Use by changing the land use designation of
an approximately 1.86-acre portion of the 3.86-acre parcel addressed as 100 E D Street (Assessor
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Parcel Number 007-700-006) from River Dependent Industrial to Mixed Use, as shown in Exhibit 1 –
General Plan Land Use Diagram with Amendment.
7. The Planning Commission finds that the proposed amendment to the General Plan is in the public
interest as the amendment would allow for the residential mixed use development of 132 housing
units that will further implement General Plan Goal 1-G-1 and Policies 1-P-1, 1-P-2, and 1-P-3 by
changing the land use designation on the subject parcel to Mixed Use to support the long-term
residential needs of the community, promote residential infill development at a higher density and
intensity than surrounding uses that would use land more efficiently, and support mixed use
development at a location that will increase transit access, and implement the 6th cycle Housing
Element, adopted by the City Council on March 20, 2023, which forecasts development of 132
housing units on the project site where the General Plan Amendment is requested.
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Exhibit 1 – General Plan Land Use Diagram with Amendment
Figure 1: 2025 General Plan Land Use Diagram with existing River Dependent Industrial land use
designation on the subject parcel
Figure 2: 2025 General Plan Land Use Diagram with Mixed Use land use designation amendment
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ADOPTED this 9th day of May 2023, by the following vote:
Commission Member Aye No Absent Recuse
Councilmember Cader Thompson X
Chair Bauer X
Vice Chair Hooper X
McErlane X
Potter X
Racusen X
Whisman X
___________________________________
Heidi Bauer, Chair
ATTEST: APPROVED AS TO FORM:
________________________________________ _________________________________________
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
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