HomeMy WebLinkAboutPlanning Commission Resolution 2023-07 05/09/2023Planning Commission Resolution No. 2023-07 Page 1
RESOLUTION 2023-07
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT A ZONING MAP AMENDMENT
TO THE SMARTCODE REGULATING PLAN ZONING MAP TO CHANGE THE ZONING
DESIGNATION FOR AN 1.86-ACRE PORTION OF A 3.86-ACRE PARCEL FROM
RIVER DEPENDENT INDUSTRIAL DISTRICT (D3) TO URBAN CENTER (T5)
FOR THE OYSTER COVE MIXED USE NEIGHBORHOOD PROJECT
LOCATED AT 100 EAST D STREET
ASSESSOR PARCEL NUMBER 007-700-006
FILE NO. PLZA-2022-0004
WHEREAS, Joseph Scott Ward of Oyster Cove, LLC, on behalf of the property owner, the 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 East D Street (Assessor Parcel
Number 007-700-006) from River Dependent Industrial (RDI) to Mixed Use (MU), 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 District (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 (“Project”); and
WHEREAS, the Project involves a 6.13-acre site that is comprised of three parcels, including 100
East D Street (APN 007-700-006; 3.86 acres) that is within the River Dependent Industrial District (D3) (1.86
acres) and Urban Center (T5) (2.0 acres) zoning districts; 0 East D Street (APN 007-700-003; .64 acres) that
is within the T5 zoning district; and 0 Copeland Street (APN 007-700-005; 1.6 acres) that is within the T5
zoning district; and
WHEREAS, the Project involves a request to amend the SmartCode Regulating Plan zoning for 100
East D Street, to replace the D3 zoning that applies to a 1.86-acre portion of the parcel with T5 zoning;
and
WHEREAS, Site Plan and Architectural Review is required prior to the Project commencing
construction, and the 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, on November 2, 2022, pursuant to Public Resources Code Section 21080.3.1(d) and
Government Code Section 65352.3, a notice of this Project was delivered to the Federated Indians of
Graton Rancheria, and the Federated Indians of Graton Rancheria requested consultation on December
6, 2022; and
WHEREAS, on March 1, 2023, the City and the Federated Indians of Graton Rancheria met in
consultation, and the consultation concluded with an agreement to impose Tribal monitoring as a
project condition of approval; and
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WHEREAS, the City prepared an Initial Study for the Project consistent with California Environmental
Quality Act (CEQA) Guidelines Sections 15162 and 15163, and determined that a Mitigated Negative
Declaration (MND) was required 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, on April 7, 2023, the City published the Notice of Availability (NOA) of an Initial
Study/MND on the City Project webpage, in the Petaluma Argus, filed the NOA with the Sonoma County
Clerk, posted the NOA to CEQAnet, and mailed the NOA to all residents and property owners within 1,000
feet of the Project providing for a 30-day public comment period commencing April 7, 2023, and ending
May 8, 2023; and
WHEREAS, on April 28, 2023, the applicant installed required on-site signage to inform the public
of this meeting with the Planning Commission, and pursuant to Section 24.100.B of the IZO, signage was
at least 32 square feet in area and placed in a position most visible to the public along the East D Street
frontage; and
WHEREAS, on April 28, 2023, public notice of the May 9, 2023, Planning Commission public hearing
was published in the Petaluma Argus-Courier and mailed to residents and occupants within 1,000 feet of
the site; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
amendments on May 9, 2023; and
WHEREAS, the Planning Commission considered the staff report dated May 4, 2023, including the
CEQA determination included therein; and
WHEREAS, the Planning Commission considered the amendment to change the zoning
designation for approximately 1.86-acres of the 3.86-acre parcel located at 100 East D Street (Assessor
Parcel Number 007-700-006) from D3 to T5, and
WHEREAS, the Planning Commission also considered a related resolution to change the General
Plan classification from River Dependent Industrial (RDI) to Mixed Use (MU), to cover the same portion of
the site as the Zoning Map Amendment; and
WHEREAS, per IZO Chapter 25, an amendment to the zoning map may be requested by a
property owner, and the City Council may adopt the amendment upon the recommendation of the
Planning Commission.
NOW THEREFORE, BE IT RESOLVED by the Petaluma Planning Commission as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on the staff report, staff presentation, comments received, and the public hearing, the
Planning Commission makes the following findings based on substantial evidence in the
record:
a. California Environmental Quality Act Findings:
An Initial Study/MND was prepared, and proper notice was provided in accordance
with CEQA and local Guidelines.
Based on its review of the entire record herein, including the MND, the Initial Study, all
supporting, referenced, and incorporated documents, and all comments received,
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the Planning Commission finds that there is no substantial evidence that the Project
as mitigated will have a significant effect on the environment, and hereby
recommends that the City Council adopt the MND for the Project, including the
Mitigation Monitoring and Reporting Program.
The Project does have the potential to affect wildlife resources as defined in the Fish
and Game Code, either individually or cumulatively; However, with mitigation, these
potential environmental impacts would be reduced to a less than significant level
and is not exempt from Fish and Wildlife filing fees.
The Planning Commission reviewed the Initial Study/MND and considered the
comments before making a recommendation on the project. Pursuant to the analysis
in the Initial Study/MND, the Project does not make a cumulatively considerable
contribution to the significant and unavoidable cumulative traffic or noise impacts
identified in the General Plan 2025 EIR.
The Project is located on a site listed on a Hazardous Waste Site List compiled by the
State pursuant to Section 65962.5 of the Government Code; with mitigation, any
potential environmental impact would be reduced to a less than significant level.
Pursuant to the analysis in the Initial Study, the Project does not make a cumulatively
considerable contribution to any significant and unavoidable cumulative impacts
identified in the General Plan 2025 EIR.
b. General Plan Findings:
Pursuant to Table 1 – Transect Zone Descriptions of the SmartCode, the T5 zone
implements the underlying Mixed Use General Plan land use classification and is
therefore consistent with the General Plan. Additionally, the rezoning would create
consistent zoning for parcel number 007-700-006 (that is currently zoned T5 and D3)
and for the entire 6.13-acre Project site.
The public necessity, convenience, and general welfare clearly permit the adoption
of the proposed amendment in that it would support the development of new
housing, including affordable housing, and provide a variety of public benefits,
including new multi-modal transportation infrastructure and public spaces. The
amendment will create a single zone for a single parcel of land and will allow for one
set of rules to apply to the site.
3. Based on its review of the entire record herein, including the May 9, 2023, Planning
Commission staff report, all supporting, referenced, and incorporated documents and all
comments received and the foregoing findings, the Planning Commission hereby
recommends that the City Council adopt an Ordinance to amend the SmartCode
Regulating Plan Zoning Map as shown in Exhibit 1.
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Exhibit 1 – SmartCode Regulating Plan Zoning Map with Amendment
Figure 1: SmartCode Regulating Plan Zoning Map with existing River Dependent Industrial (D3) zoning
district on the subject parcel
Figure 2: SmartCode Regulating Plan Zoning Map with Urban Center (T5) zoning district 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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