HomeMy WebLinkAboutPlanning Commission Resolution 2023-21 11/14/2023 Docusign Envelope ID: D1A01F12-D28E-406F-A1CA-EBE373003246
RESOLUTION NO. 2023-21
RESOLUTION OF THE CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL ADOPT A GENERAL PLAN AMENDMENT TO INCREASE THE
ALLOWABLE FLOOR AREA RATIO (FAR) FOR AREAS DESIGNATED MIXED USE (MU) AND
PUBLIC/SEMI-PUBLIC (PSP) AND LOCATED WITHIN THE PROPOSED DOWNTOWN HOUSING
& ECONOMIC OPPORTUNITY OVERLAY FROM 2.5 TO 6.0; FILE NO: PLGP-2023-0001 AND
PLZA-2023-0002
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 that may be 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,Mike Jolly of EKN Development Group, submitted an application for Historic Site Plan and
Architectural Review (HSPAR), and Conditional Use Permit (CUP) for the EKN Appellation Hotel
(formerly Hotel Weaver)project; and
WHEREAS,the EKN Appellation Hotel project proposes construction of a 6-story, 93-room hotel that
would include a below-grade parking garage with valet parking for 58 vehicles, food service uses on the ground
floor and a rooftop event space and bar; and
WHEREAS,based on the proposed height, lot coverage, and floor area ratio (FAR), the proposed Hotel
also requires a General Plan Amendment (GPA), Zoning Map Amendment (ZMA), and Zoning Text
Amendment(ZTA); and
WHEREAS, the proposed Downtown Housing & Economic Opportunity Overlay is subject to
the Petaluma General Plan 2025, adopted by the City Council on May 19, 2008; and
WHEREAS, Government Code Section 65358 allows General Plan amendments when it is deemed in
the public interest to do so; and
WHEREAS,three parcels within Subarea A and one parcel within Subarea B of the proposed Downtown
Housing & Economic Opportunity Overlay are also within the boundaries of the Petaluma Historic
Commercial District and Subarea C is adjacent to the Petaluma Historic Commercial District; and
WHEREAS, the City of Petaluma conducted three publicly noticed study sessions on June 13, 2023,
August 8, 2023, and October 3, 2023, to develop the scope and content of a Downtown Housing &
Economic Opportunity Overlay, which would apply amendments to the General Plan and Implementing Zoning
Ordinance, initiated as a result of the EKN Appellation Hotel project, to three areas within downtown
Petaluma, referred to as Subareas A, B, and C; and
WHEREAS, at the June 13, 2023, study session, the Planning Commission and Historic and
Cultural Preservation Committee considered the proposed Overlay, which at the time included a 10-block
zoning overlay within a 14-block study area, inclusive of the EKN Appellation Hotel site and generally bounded
by Washington Street to the north, Petaluma Boulevard to the east, D Street to the south, and Howard/Liberty
Streets to the west; and
Docusign Envelope ID:D1A01F12-D28E-406F-A1CA-EBE373003246
Draft PC Resolution to Recommend that the City Council Adopt a General Plan Amendment
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
WHEREAS, based on feedback provided by the Planning Commission and Historic and Cultural
Preservation Committee at the June 13, 2023, study session the proposed Overlay was revised to reduce the area
to focus on underutilized parcels in three smaller areas within the original study area, referred to as Subareas A,
B, and C, avoid overlap with designated historic districts, avoid residential areas, and require discretionary
approval of a conditional use permit for any building proposed above 45-feet,subject to meeting specific findings;
and
WHEREAS, at the August 8, 2023, Planning Commission study session, a Frequently Asked Questions
(FAQ) document was prepared to provide comprehensive responses to questions related to the proposed Overlay
and the revised Overlay was presented to seek additional feedback; and
WHEREAS, at the August 8, 2023, study session, the Planning Commission requested additional
information related to the Overlay's alignment with the City of Petaluma General Plan 2025 as well as additional
information on characteristics of each Subarea; and
WHEREAS, at the August 8, 2023, study session, the Planning Commission also requested that staff
consider focusing housing development in Subareas B and C, consider unique development standards for each
Subarea to maintain the individual characteristics of each,provide photographs and parcel data for each Subarea,
and provide a Historic Cultural Resources Report for the proposed Overlay; and
WHEREAS, based on feedback provided by the Planning Commission at the August 8, 2023, study
session, the proposed Overlay was revised to expand the boundaries of Subarea B to include the entirety of the
parcel currently occupied by the Well Fargo bank (125 Western Ave, APN 008-051-025), and to indicate
opportunities for Pedestrian/Fagade Activation Zones and Ground Floor Residential Zones which are each
intended to apply new land use and design controls for any new building within the three respective Subareas;
and
WHEREAS, at the October 3, 2023, Historic and Cultural Preservation Committee study session, the
Committee was informed that a parcel inventory presenting the existing parcels and a discussion of their
development potential was in process; and
WHEREAS, at the October 3, 2023, Historic and Cultural Preservation Committee study session, the
Historic Cultural Resources Report for the proposed Overlay was presented; and
WHEREAS, a third party Peer Review Report of the Historic Cultural Resources Report was prepared
by First Carbon Solutions (FCS) and included recommendations to improve clarity of the Report's purpose and
recommendations; and
WHEREAS, the Historic Cultural Resources Report was updated to incorporate recommendations
provided in the Peer Review Report; and
WHEREAS, in preparation of the November 14, 2023 joint hearing of the Planning Commission and
Historic and Cultural Preservation Committee, the proposed Overlay was revised to: update review criteria for
future development proposals requesting a building height greater than 45-feet; finalize the development
standards table; simplify setback and stepback tables; provide development standards for the Pedestrian/Fagade
Activation Zones and Ground Floor Residential Uses, which includes clarification that ground floor residential
zones will be allowed as a permitted use in any of the three respective Subareas as opposed to the original proposal
to limit housing development on the ground floor to Subarea C only, and to require a Conditional Use Permit to
Planning Commission-Draft Resolution No.2023-21 Page 2 of 7
Docusign Envelope ID:D1A01F12-D28E-406F-A1CA-EBE373003246
Draft PC Resolution to Recommend that the City Council Adopt a General Plan Amendment
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
exceed the current maximum for lot coverage of 80%; and
WHEREAS, the intent of the Downtown Housing & Economic Opportunity Overlay is to facilitate the
development of residential uses, orderly economic development,preservation of historic buildings and resources
and the Commercial Historic District activate the ground levels,and incorporate sites with the greatest opportunity
for redevelopment activity by increasing the allowable floor area ratio from 2.5 to 6.0, building height from 45
feet to up to 75 feet subject to approval of a conditional use permit, and lot coverage from 80% to 100% subject
to approval of a conditional use permit, and subject to development and design controls for properties within the
proposed Overlay; and
WHEREAS, pursuant to IZO Section 15.020A.6, the Historic and Cultural Preservation Committee has
provided their independent analysis of the project and made a recommendation on the proposed Zoning Map and
Text Amendments to the Planning Commission; and
WHEREAS,the Planning Commission has concurrently considered the staff report dated November 14,
2023,all associated attachments,and consistent with IZO Section 15.020.13.2,has considered the recommendation
provided by the Historic and Cultural Preservation Committee on the proposed Zoning Map and Text
Amendments; and
WHEREAS,for purposes of the California Environmental Quality Act(CEQA),the Downtown Housing
&Economic Opportunity Overlay and EKN Appellation Hotel are considered one"project" and were considered
concurrently in the Draft Initial Study/Mitigated Negative Declaration; and
WHEREAS, on November 14, 2023, after considering the concurrent attachments and public and staff
comments, the Planning Commission by Resolution No. 2023-XX, incorporated herein by reference,
recommended to the City Council adoption of the Mitigated Negative Declaration (MND) and Mitigation
Monitoring and Reporting Program(MMRP), in accordance with CEQA; and
WHEREAS, as described in the IS/MND, no physical development will occur as a result of adoption of
the proposed Downtown Housing & Economic Opportunity Overlay, including EKN Hotel; and
WHEREAS, future site-specific development proposals within the Downtown Housing & Economic
Opportunity Overlay will be subject to a separate discretionary review processes, including Site Plan and
Architectural Review (SPAR), Historic Site Plan and Architectural Review (HSPAR), Conditional Use Permit
(CUP); and
WHEREAS, consistent with the California Environmental Quality Act (CEQA), future development
proposals within the proposed Overlay requesting approval of SPAR, HSPAR, and/or CUP, are discretionary in
nature and therefore defined as projects under CEQA, will also be subject to an independent CEQA analysis to
determine potential impacts of site-specific proposals; and
WHEREAS, all future development proposals within the proposed Overlay will be subject to mitigation
measures identified in the Draft IS/MND, or as revised through the Final IS/MND process, which include
measures with clearly defined criteria for which the City of Petaluma will apply in determining the impacts of
future development; and
WHEREAS, consistent with CEQA, the City of Petaluma, as the Lead Agency may rely on the future
studies for site-specific developments to devise the specific design of mitigation measures as the results of later
Planning Commission-Draft Resolution No.2023-21 Page 3 of 7
Docusign Envelope ID:D1A01F12-D28E-406F-A1CA-EBE373003246
Draft PC Resolution to Recommend that the City Council Adopt a General Plan Amendment
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
studies will be used to tailor mitigation measures to fit on-the-ground environmental conditions; and
WHEREAS, because the proposed Overlay will not result in direct physical development, identifying
site-specific mitigation measures for potential impacts to the resource areas identified in the Draft IS/MND is not
appropriate at this time as this would represent speculative analysis under CEQA; and
WHEREAS,for purposes of discretionary approvals subject to review by the City's Historic and Cultural
Preservation Committee, Planning Commission, and City Council, the Downtown Housing & Economic
Opportunity Overlay is being considered separately from the EKN Appellation Hotel; and
WHEREAS, on October 13, 2023, the City's Notice of Public Hearing to be held on October 24, 2023,
before the City of Petaluma Planning Commission and Historic and Cultural Preservation Committee, was
published and mailed to all residents and property owners within 1,000 feet of the perimeter of the Downtown
Housing & Economic Opportunity Overlay study area as well as persons having requested special notice of said
proceedings; and
WHEREAS, on October 24, 2023, the joint hearing of the Petaluma Planning Commission and Historic
and Cultural Preservation Committee was continued to a date certain of November 14, 2023; and
WHEREAS, on November 3, 2023, the City's Notice of Public Hearing to be held on November 14,
2023, before the City of Petaluma Planning Commission and Historic and Cultural Preservation Committee, was
published and mailed to all residents and property owners within 1,000 feet of the perimeter of the Downtown
Housing & Economic Opportunity Overlay study area as well as persons having requested special notice of said
proceedings; and
WHEREAS, the Planning Commission and Historic and Cultural Preservation Committee held a duly
noticed public hearing on November 14,2023,at which time all interested parties had the opportunity to be heard.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY
OF PETALUMA AS FOLLOWS:
1. The foregoing recitals are declared true and correct and incorporated herein by reference as findings of
the Petaluma Planning Commission.
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.
The potential environmental impacts of the Downtown Housing&Economic Opportunity Overlay
and EKN Appellation Hotel project, including the proposed General Plan Amendment,were fully
analyzed in the IS/MND (SCH#2023100359).
Based on its review of the entire record herein, including the Initial Study, MND, all supporting,
referenced, and incorporated documents, and all comments received to date, 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.
Planning Commission-Draft Resolution No.2023-21 Page 4 of 7
Docusign Envelope ID:D1A01F12-D28E-406F-A1CA-EBE373003246
Draft PC Resolution to Recommend that the City Council Adopt a General Plan Amendment
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
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 received
to date 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 proposed EKN Appellation Hotel is located on a Hazardous Waste Site compiled by the State
pursuant to Government Code Section 65962.5; however, the site has been remediated and the
property owner was issued a case closure letter in February 2020, and with mitigation, any
potential environmental impacts related to location on such a site would be reduced to a less than
significant level.
Approval of the proposed General Plan Amendment, as shown in Exhibit 1, is contingent upon
City Council adoption of the IS/MND, including adoption of the Mitigation Monitoring and
Reporting Program.
b. General Plan Findings:
The public necessity,convenience,and general welfare clearly permit the adoption of the proposed
General Plan Amendment to increase floor area ratio from 2.5 to 6.0 in that it: will allow for
intensification in the city's downtown, thereby increasing opportunities for housing and mixed-
use developments in proximity to transit; is consistent with state and regional plans and policies,
such as Plan Bay Area 2050, which aim to reduce GHG emissions through transit-oriented
development; and is consistent with General Plan goals and policies that seek to:
• maintain a balanced land use program that meets the long-term needs of the community by
providing opportunities for all types of uses including residential, employment, retail,
institutional, recreational, and open space (Goal I-G-1);
• promote the efficient use of land through infill development at equal or higher density and
intensity as surrounding uses (Policy 1-P-2);
• encourage mixed-use development in the downtown area,thereby increasing access to existing
transit (Policy 1-P-6);
• encourage redevelopment of underutilized sites thereby providing flexibility in building form
and allowing for the ability to change over time (Policy 1-P-7);
• contribute to advancing downtown as a focus of activity, retain pedestrian orientation, and
continue to preserve and enhance buildings of historic and architectural importance (Goal 2-
G-3);
• promote development and intensification of downtown as a visitor destination and
neighborhood retail center(Policy 2-P-14);
• reduce motor vehicle air pollution through intensification of development in the downtown
area, which is proximate to existing transit opportunities (Policy 4-P-7); and
• maintain the historic character and identity of the community (Goal 3-G-1), through
implementation of associated policies (3-P-1, 3-P-5, 3-P-6) which aim to protect historic and
archaeological resources,ensure their protection is a key consideration during the development
review process, and ensure that new development adjacent to historic and cultural resources is
compatible.
3. Government Code Section 65358 allows General Plan amendments when it is deemed in the public interest
to do so. As stated in 2(b) above, it is in the public interest to permit the adoption of the proposed General
Planning Commission-Draft Resolution No.2023-21 Page 5 of 7
Docusign Envelope ID:D1A01F12-D28E-406F-A1CA-EBE373003246
Draft PC Resolution to Recommend that the City Council Adopt a General Plan Amendment
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
Plan Amendment to increase floor area ratio from 2.5 to 6.0.
4. State law limits the number of times a local agency can amend its general plan for general law cities to no
more than four times per year. However, this limitation on general plan amendments is not applicable to
charter cities like Petaluma. Regardless, the proposed amendment represents the fourth (4th) amendment
request for 2023.
5. Based on its review of the entire record herein, including the November 14, 2023, Historic and Cultural
Preservation Committee and 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 approve a General Plan Amendment to allow a maximum floor
area ratio of 6.0 for areas located within the proposed Downtown Housing & Economic Opportunity
Overlay, as shown in Exhibit 1 attached hereto and incorporated into this Resolution.
Planning Commission-Draft Resolution No.2023-21 Page 6 of 7
Docusign Envelope ID: D1A01F12-D28E-406F-A1CA-EBE373003246
ADOPTED this 14th day of November 2023,by following vote:
Commission Member Aye No Absent Abstain
Bauer X
Chair Hooper X
McErlane X
Vice Chair Racusen X
Whisman X
Vice Mayor Cader X
Thompson
Mozes X
E_D—Stied by:
N6rtr 11/18/2024
saaEsssn i
Blake Hooper, Chair
ATTEST: APPROVED AS TO FORM:
by:T-p� 10/2/2024 [Signel
,1(�, ad,� 10/1/2024
ISE'
eereoe... eseeeeseeea.,as_.
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Docusign Envelope ID:D1A01F12-D28E-406F-A1CA-EBE373003246
Draft PC Resolution to Recommend that the City Council Adopt a General Plan Amendment
Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023
EXHIBIT I —General Plan Text Amendments
Proposed text amendments to 1.2 Land Use Framework, Classification System, Mixed Use (outside of the
CPSP) appearing on page 1-7 of the City of Petaluma General Plan 2025. For purposes of clarity, proposed text
amendments are shown in bold underline.
Mixed Use (outside of the CPSP)
Mixed Use (2.5 maximum FAR). This classification requires a robust combination of uses, including retail,
residential, service commercial, and/or offices. Development is oriented toward the pedestrian, with parking
provided, to the extent possible, in larger common areas or garages. Maximum FAR including both residential
and non-residential uses is 2.5, and maximum residential density is 30 d.u./acre.
The Community Design, Character, and Sustainable Building Element provides direction as to the intent of the
Mixed Use classification in certain areas of the city. For example, along corridors such as Washington Street and
Petaluma Boulevard the intent of mixed use is to recognize a broad range of uses along those corridors including
both commercial and residential uses; a mixture of uses on these smaller individual parcels is encouraged but not
required.
Densities and FARs within the boundary of the Central Petaluma Specific Plan(CPSP)shall be undertaken
in accordance with the CPSP.
FARs within the boundary of the Downtown Housing&Economic Opportunity Overlay shall be permitted
up to a maximum of 6.0, subiect to review under the applicable planning process.
Planning Commission-Draft Resolution No.2023-21 Page 7 of 7