HomeMy WebLinkAboutResolution 2023-152 N.C.S. 09/18/2023 DocuSign Envelope ID:8873FB56-63FF-4ECB-B209-7F1F70CE9CE5
Resolution No. 2023-152 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING 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, with minor
revisions; 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
Resolution No. 2023-152 N.C.S. Page 1
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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
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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 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, at said hearing, the Planning Commission considered the staff report and approved
Resolution 2023-06 recommending that the City Council approve the General Plan Amendment; and
WHEREAS, the Project was scheduled for review by the City Council at a public hearing held on
September 18, 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 September 8, 2023, in accordance with Implementing Zoning Ordinance Section 24.100
Public Notice; and
WHEREAS, at said hearing the City Council considered the staff report and approved the General Plan
Amendment.
NOW THEREFORE, BE IT RESOLVED by the City Council 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 City Council.
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 15332,
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.
Resolution No. 2023-152 N.C.S. Page 3
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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 City Council hereby approves 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 Parcel Number 007-700-006) from River Dependent Industrial to Mixed Use, as
shown in Exhibit A—General Plan Land Use Diagram with Amendment.
7. The City Council 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 inEll 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 18'day of September DocuSigned form:
2023,by the following vote:
v
5EF6519-T(xfrney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by:
ATTEST:
City 'er Mayor
Resolution No. 2023-152 N.C.S. Page 4
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EXHIBIT A
GENERAL PLAN LAND USE DIAGRAM WITH AMENDMENT
Riga Dcpcndent
Industrial
,y
_ Mixed Use -
Project Site ■ 1�
------No- Amendment `
.t
-
j
%r: S FF..A. - -
Figure 1: 2025 General Plan Land Use Diagram with existing River Dependent Industrial land use designation
on the subject parcel
_River Dependent
Industrial
_Mixed Use
er•
Project Site
r
�•� i ♦ Y FF_P
.. d�• ate•- :�'�:�.. _
Figure 2: 2025 General Plan Land Use Diagram with Mixed Use land use designation amendment
Resolution No. 2023-152 N.C.S. Page 5