HomeMy WebLinkAboutPlanning Commission Resolution 2023-10 05/23/2023Planning Commission Resolution No. 2023-10 Page 1
RESOLUTION 2023-10
CITY OF PETALUMA PLANNING COMMISSION
DENYING THE APPEAL FILED BY HEATHER KRATT AND UPHOLDING A PLANNING
ADMINISTRATIVE DECISION TO DENY MINOR USE PERMIT FOR THE VACANT
SUBJECT PARCEL ZONED FLOODWAY (FW)
LOCATED AT 4875 PETALUMA BOULVARD NORTH
APN: 007-422-028
FILE NO. PLAP-2023-0001 (PLUP-2022-0027)
WHEREAS, on October 24, 2022, Heather Kratt (H&H Real Estate LLC), submitted an application for
a Minor Use Permit (File No. PLUP-2022-0027) proposing development of a vacant parcel located at 4875
Petaluma Blvd North as a year-round community marketplace operating from 6 AM until 12 AM; and
WHEREAS, the parcel is located at 4875 Petaluma Blvd. North and is designated Floodway by the
2025 Petaluma General Plan Land Use Map and is zoned Floodway District (FW) by the City of Petaluma
Implementing Zoning Ordinance Zoning Map; and
WHEREAS, on November 15, 2022, following an initial preliminary review of the proposed
development project, Planning staff summarized concerns about land use compliance of the proposed
development project with applicable Floodway District regulations in a letter to the appellant; and
WHEREAS, Planning concluded that the proposed community marketplace on the parcel at 4875
Petaluma Blvd N and within the boundaries of the Floodway is not a land use that the City’s Implementing
Zoning Ordinance (IZO) allows upon obtaining Minor Use Permit approval; and
WHEREAS, Planning staff informed the appellant that if directed to proceed with the full review, it
would be denied in accordance with IZO §6.050, in that the proposed use is not conditionally allowed in
the Floodway District; and
WHEREAS, on November 27, 2022, the appellant directed staff to proceed with the review of the
Minor Use Permit application; and
WHEREAS, on February 28, 2023, staff concluded review and informed the applicant via letter that
application for a Minor Use Permit was denied; and
WHEREAS, on March 13, 2023, the appellant filed a timely appeal of the decision with the City
Clerk pursuant to IZO §24.090; and
WHEREAS, on May 13, 2023, the appellant installed two signs on-site to inform the public of this
meeting with the Planning Commission and pursuant to IZO Section 24.100.B, each sign was at least 24
square feet in area and placed in a position most visible to the public along the Stony Point Road and
Petaluma Boulevard North frontages; and
WHEREAS, on or before May 12, 2023, public notice of the May 23, 2023, Planning Commission
hearing was published in the Petaluma Argus-Courier and mailed to residents and occupants within 1,000
feet of the site; and
WHEREAS, on May 23, 2023, the Planning Commission held a duly noticed public hearing to
consider the appeal and all evidence, written and oral, submitted at the hearing; and
DocuSign Envelope ID: 67EC4FD5-FC7E-43D1-B4C4-78F2A760042F
Planning Commission Resolution No. 2023-10 Page 2
NOW, THEREFORE, BE IT RESOLVED by the Petaluma Planning Commission the following:
1. On May 23, 2023, the Planning Commission considered all evidence presented before and at the
duly notice public hearing regarding this matter, and on the basis of the staff report, testimony,
and other evidence, denies the appeal of Heather Kratt filed with the City Clerck on March 13,
2023, and upholds the administrative decision to deny Minor Use Permit approval for the proposed
development project at 4875 Petaluma Boulevard North, File No. PLUP-2022-0027.
2. The proposed project was excluded from California Environmental Quality Act (CEQA) review in
accordance with CEQA Guidelines Section 21080(b)(5), which states that CEQA analysis is not
needed for projects for which a public agency is recommending denial.
ADOPTED this 23rd 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
DocuSign Envelope ID: 67EC4FD5-FC7E-43D1-B4C4-78F2A760042F