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HomeMy WebLinkAboutHCPC RESOLUTION 2023-20 11/14/2023 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 RESOLUTION NO. 2023-20 RESOLUTION OF THE CITY OF PETALUMA HISTORIC AND CULTURAL PRESERVATION COMMITTEE RECOMMENDING THAT THE PLANNING COMMISSION RECOMMEND THE CITY COUNCIL ADOPT AN ORDINANCE ADDING SECTION 5.070 TO THE CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., AND AMENDING THE ZONING MAP TO ZONE APPLICABLE PARCELS TO THE PROPOSED DOWNTOWN HOUSING & ECONOMIC OPPORTUNITY OVERLAY; FILE NO. PLGP-2023-0001 AND PLZA-2023-0002 WHEREAS, the City of Petaluma Implementing Zoning Ordinance (IZO) Section 25.010 provides that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and WHEREAS,pursuant to IZO Chapter 25, an amendment may be requested by a property owner, and the City Council may adopt the amendment upon the recommendation of the Planning Commission; and WHEREAS, consistent with IZO Section 15.020.A.6, the Historic and Cultural Preservation Committee shall hear and make a recommendation to the Planning Commission on applications for zoning amendments related to preservation of the historic and cultural environment and other associated preservation related items; and WHEREAS, consistent with IZO Section 15.020.B.2, the Planning Commission will, after receiving a recommendation from the Historic and Cultural Preservation Committee, consider the Committee's recommendation along with the staff report dated November 14, 2023, all associated attachments, and public comments, and will make a recommendation to the City Council; and WHEREAS,implicit in the Historic and Cultural Preservation Committee recommendation,the proposed zoning text and map amendments can only move forward for recommendation to the City Council if the Planning Commission finds that the CEQA analysis prepared for the project is adequate, that the zoning map and text amendments are in general conformity with the City of Petaluma General Plan 2025, and that the General Plan and Zoning Amendments are consistent with the public necessity, convenience, and general welfare; and WHEREAS, pursuant to IZO Sections 25.010 and 25.050.13 if the Planning Commission finds the IZO amendments to be in conformance with the Petaluma General Plan, and consistent with the public necessity, convenience, and general welfare, it may recommend amendment of the IZO to the City Council; 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 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 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,portions of Subareas A and 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 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 Subarea 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 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 Historic Cultural Resources Report for the proposed Overlay was presented; and Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 2 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 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, 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 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,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; 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 Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 3 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 WHEREAS, on November 2, 2023, the two signs were installed on-site to inform the public of the November 14, 2023, public hearing with the Planning Commission and Historic and Cultural Preservation Committee, in compliance with IZO Section 24.100.B; 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 in the Argus Courier 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 HISTORIC AND CULTURAL PRESERVATION COMMITTEE OF THE CITY OF PETALUMA AS FOLLOWS: 1. The foregoing recitals are true and correct and incorporated herein by reference as findings of the Petaluma Historic and Cultural Preservation Committee. 2. Based on the staff report, staff presentation, comments received, and the public hearing, the Historic and Cultural Preservation Committee makes the following findings based on substantial evidence in the record: a. Pursuant to IZO Sections 25.010 and 25.050.B: The proposed zoning text amendments attached hereto as Exhibit 1 and zoning map amendments attached hereto as Exhibit 2 are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the goals and policies of the General Plan as described in the November 14, 2023, Historic and Cultural Preservation Committee and Planning Commission staff report and as detailed below. The public necessity,convenience,and general welfare clearly permit the adoption of the proposed zoning text and map amendments in that it will allow for intensification in uses 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); Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 4 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 • 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) • 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. 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 Historic and Cultural Preservation Committee hereby recommends that the Planning Commission recommend that the City Council adopt an Ordinance to amend the text of the Implementing Zoning Ordinance as shown in Exhibit 1, and amend the Zoning Map as shown in Exhibit 2, as attached hereto and incorporated into this Resolution. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 5 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 DENIED this 14th day of November 2023, by following vote: Committee Member Aye No Absent Abstain Perlis X Pitingaro X Chair Rinehart X Whitley X Vice Chair Van X Ommeren Signed by: // — 11/18/2024 Alice Van Ommeren,Vice Chair ATTEST: APPROVED AS TO FORM: Signed by: Signed by: Td 11/18/2024 *m& f y'a 11/18/2024 F Andrew Trippel, Planning Manager Dylan Brady,Assistant City Attorney Page 13 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 EXHIBIT 1 —Zoning Text Amendment(New text in Underline) Mixed Use Zones TABLE 4.3 P(16) Permitted Use Allowed Land Uses and Permit Requirements for CUP Conditional Use Permit Required Mixed Use Zones S Permit Requirement in Specific Use Regulations A Accessory Use Use Not Allowed LAND USE TYPE (1) Permit Required by Zone Specific Use MULk I MU1B I MU1C I MU221 Regulations Notes: 21 Refer to Section 5.070 for parcels in the Downtown Housing and Economic Overlay Table 4.10. MU1 and MU2 Zone Development Standards Requirement by Zone MU1 MU Development Feature Mixed Use 1 Mixed Use 24 Notes: 4 Unless specifically prescribed in Section 5.070,Downtown Housing and Economic Development Overlay all other development standards shall apply. Table 4.13. CF Zone Development Standards Requirement by Zone CF Development Feature Civic Facilities) Note: 1 Refer to Section 5.070 for parcels in the Downtown Housing and Economic Development Overlay Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 5.070 Downtown Housing and Economic Opportunity Overlay Zone. A: Purpose. It is the intent of the Downtown Housing and Economic Opportunity Overlay Zone to facilitate the development of residential uses, provide for orderly economic development, ensure the preservation of historic buildings, cultural resources, and the Commercial Historic District, strengthen and expand pedestrian activity through new design and land use controls, and incorporate sites with the egr atest opportunity for redevelopment activity. The regulations established for this district shall apply to any property described in this section to include the development of new floor area or new buildings, of any size. B: District Boundaries. The proposed Downtown Housing and Economic Development Overlay shall apply to Subarea A, B, and C as shown in Figure 5.1 below. The boundaries of the Downtown Housing and Economic Opportunity Overlay Zone are generally described follows: 1. Subarea A: From Petaluma Boulevard South at D Street extending to Petaluma Boulevard South at B Street; and from Petaluma Boulevard South at B Street extending to B Street at 4th Street; and from B Street at 4th Street extending to D Street at 4th Street; and from 4th Street at D Street, extending to Petaluma Boulevard South at D Street; 2. Subarea B: From Western Avenue at Keller Street extending to Western Avenue at Kentucky Street, and from Western Avenue at Keller Street extending two parcels southeastward along Keller then eastward to the end of the parcel, then northward including the one parcel at the southwestern corner of Western Avenue at Kentucky Street; and 3. Subarea C: From Washington Street at Court Street, extending northeasterly to then of the parcel between Keller Street and Kentucky Street,then along the southeastern property line of the parcels between Keller Street and Kentucky Street to Western Avenue.From this point, Subarea C extends southwesterly along Western Avenue to Liberty Street,the northwesterly alongL iberty Street to a terminus tangential to the end of Court Street. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 7 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 Figure 5.1: District Boundaries Downtown Housing and Economic Development Overlay 0 C �y d q X d fGf �t 1$'o °o mr C--�odega Ave 19, B C j l /✓ / ,.� �,� peg/4�8 -`r 4,6 Sam �u Cal C: Ground Floor Uses, Pedestrian/Facade Activation Zone and Ground Floor Residential Use Zone. To continue the land uses and forms established by the parcels that abut or confront each subarea and to allow for specific land uses and the design of new buildings to reflect the characteristics and the context of each subarea a "Pedestrian/Facade Activation Zone" & a "Ground Floor Residential Use Zone" will apply to each subarea. 1. Pedestrian/Facade Activation Zone & Ground Floor Residential Use Zone Established. A Pedestrian/Fagade Activation Zone & a Ground Floor Residential Use Zone is established as shown in Figures 5.2 through 5.4. Land uses and ,ground floor development standards apply as provided for in this section. a. Purpose. The Pedestrian/Facade Activation Zone is intended to enhance the pedestrian experience to ensure that new buildings are occupied by pedestrian-oriented uses and that they present attractive building facades in specific locations to reflect the land use pattern and vibrancy of active pedestrian-oriented streets established in the historic core of the downtown.The Ground Floor Residential Use Zone is intended to create new opportunities for residential development and to provide a land use transition from the retail and service uses provided in the Downtown core to the lower-intensity retail and residential areas beyond the Downtown. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 8 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 2. Pedestrian/Facade Activation Zone.Permitted Uses in any new ground floor area within 30 feet of the public right-of-way in the Pedestrian/Facade Activation Zone, shall be as follows, and each use, as used in this Section, shall be deemed a ground floor activating use: • Artisan Shop • Library, Museum, Art Gallery • Bank, Financial Services • Personal Services • Fitness/Health Facility • Restaurant, Cafe, Coffee Shop • General Retail, 25,000 sf or Less • Studio - Art, Dance, Martial Arts, Music, etc. • Groceries/Specialty Foods, 25,000 sf or Less 3. Ground Floor Uses.New ground floor area not identified as a Pedestrian/Facade Activation Zone may be occupied by any use identified in accordance with Table 4.3 and Table 4.5. 4. Multi-family Residential Allowed in Specific Locations. Multi-family residential uses shall be a permitted use on the ground floor in any portion of a parcel that is not within a designated Pedestrian/Fagade Activation Zone. 5. Pedestrian/Facade Activation Development Standards. Additional development standards apply to the ground floor facades of the portion of new building or new floor area constructed within the Pedestrian/Facade Activation Zone. These development standards are provided in Table 5.1, below. Table 5.1 Pedestrian/Facade Activation Development Standards Feature Standard Applies to First Floor: Storefront Transparency, 60% Facades facing sidewalks,pedestrian walks,or minimum glazing___ ________ publicly accessible outdoor spaces -------------- --------------------- --------- - Blank Walls,maximum length 30 feet Facades facing sidewalks,pedestrian walks,or publicly accessible outdoor spaces -------------------------------------------------- --------- --------------------------- ------------------ Tenant spaces facing sidewalks, pedestrian Interior Partitions or shelving walks, or publicly accessible outdoor spaces; above 36"in height when parallel 30 feet Does not apply to any partition that is with storefront,minimum setback perpendicular to the storefront or any shelving that is abutting a wall -------------------------------------------------- ----------------- ------------------- --------------------------------------------- Window Signs,maximum 1---- Windows facing sidewalks, pedestrian walks, covera e or publicly accessible outdoors aces Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 9 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 Figure 5.2: Subarea A, Pedestrian/Facade Activation Zones +Residential Allowed Zones rot O4- • % . . etaluma Blvd S 2PE6WA 0-6 8 .� It II 313 66T 40� n UMR fiLWS t12 f4 U-SM5 m � V M I S r ' , ' MNO61p12 MOl3�05 ApM Op3-0O) 313. 1 CN,ONOOB �111 i '061-C STM � ~ 9T �PFTAI.,..M BLVO s A PETNAJ.M BIYD s 1 1� 61 " - 1Y1 9TN O • I j11 IIIIIIII. T1 411,St I. - ' a � tiff Ft :► ; T r Q Subarea A(Oct 2023) n RetaiVCommercial Use Required(min 30'depth) Pedestrian/Facade Activation Zone Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 10 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 Figure 5.3: Subarea B, Pedestrian/Facade Activation Zones +Residential Allowed Zones Ilt IliiiW - � - '� _ = extern Ave II 11111 i r rn wr CL Ad ` ,obi wlsi[nu r a Iy '. Ilk •ter •-- Q Subarea B(Oct 2023) '�. I,~•i"' - '+ 4; ;• ` 1 r�Retail/Commercial Use Required(min 30'depth) � Pedestrian/Facade Activation Zone ' Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 11 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 Figure 5.4: Subarea C, Pedestrian/Facade Activation Zones+Residential Allowed Zones as in on WABNINCfON Si ^� ]Ot W�,WIRlaTON ST � � •. , 1 '�' R � isrt sex-oo, • � — >_i 4 WA,NwGTON ST F _ IW KELL818T 7. eEEi..R sT j 1 4 ARN.se2ao2 AP1t.se2m� f A. R 98UB6TIY ST 1{e I(ELIA ST �R N •RN.'sex.au ` ,35 NB1ER ST V swc se,mo ueartr rn . y isrc ae2nos 3—ID -N -.swan • .••7 7 Isl J � s2 N>:usn sr 21— d Ise usERrr sT Y MN:YI-alt ARi ses-022 � ,wH]6YODt + 12511BHifY BT 12e 1JBERry BT 1 •�.' .� 25 rR BT 1261�LL91 ST - — • M I tt{KEUDi Si A . � - ,2oNsuslsr y . MI � I ARN:se2a,o I •L 21�WESTERN I MN'.2ebOt] AYE i 120 WESTERN i L 1 Q Subarea C(Oct 2023) �n RetaMommercial Use Required(min 30'depth) 9IT1 Ve -r M Pedestrian/Facade Activation Zone D: Development Standards, General. Development Standards in the Downtown Housing and Economic Development Overlay Zone shall be as provided for in Chapter 4- Tables 4.10 &4.13, except as provided for in Table 5.2, below. Table 5.2: Development Standard Max/LMI Setbacks --------------------------------------------------------------------------------------------------------------------------------------------------- Front 0 feet Rear 0 feet Street-side 0 feet ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- interior Side 0 feet Height' 45 feet ----- -------------------------------------------------- --------------------------------------------------- With Conditional Use Permit 60 feet --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- With Conditional Use Permit and CommunityBenefits3 75 feet 14 feet floor-to-floor for any Building Minimum Ground Floor Height over 45 feet Stepbacks Per Tables 5.2 on h 5.4 Lot Coverage 80% With Conditional Use Permit' 100% t Under the Overlay,new buildings to be constructed above the 45-foot height limit would not be subject to the height exceptions provided for in IZO Section 12.020. 2 Additional height above 45 feet pjay be granted,subject to subsection F,below. 3 Additional height above 60 feet pLay be granted,subject to subsection G,below. 'Additional lot coverage above 80%may be granted,subject to subsection H,below. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 12 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 E: Development Standards, Stepbacks Apply. Upper floor stepbacks apply as shown in Tables 5.3 to 5.5, to require that M portion of a building above a certain height be separated from a property line. 1. As used in this subsection, the "Primary Street Frontage" provided in Tables 5.3 to 5.5 apply to any parcel that abuts Petaluma Boulevard South,Kentucky Street,Fourth Street, Western Avenue, and Washington Street, and"Other Street Frontage" is any other abutting street. reet. 2. The stepbacks shall include usable balconies, usable open space, or be landscaped, and may not be used for mechanical equipment, storage, or other non-active uses. Table 5.3 Ste back: General __________________________Stepback(Based on Building Height)- -------------------------- Above Above 0-45'/4-stories 45'/4-stories 60'/5-stories (whichever is less) 1 (whichever is less) Primary Street NA 8' Min 16' Min Frontage---------------- ------------ ---------- ------ ------ +--------------- +----------------------------- Other Street Frontage NA 5' Min 5' Min excludin an alley) Table 5.4 Ste back: Confronfina a Residential Use Stepback_(Based on Building Height 0-30'/2-stories 30'/2-stories (whichever is less) Primary Street NA 10' Min Frontage Other Street Frontage NA 5' Min excludin an alley) Note:Additional 10' ste back to be applied for every story above 30' Table 5.5 Ste back: Abutting Historic Resource Stepback_(Based on Building Heights T ----------------------------- --------------------------- Above Above Above 0-30'/2-stories 30'/2-stories 45'/4-stories 60'/5-stories (whichever is less) (whichever is less) (whichever is less) Primary Street NA 0 j 8' Min 16'Min Frontage ----------- -----------------+----------------------------+----------------------------+--------------------------- Other Street Frontage NA 0 5' Min 5' Min excluding an alley) ------------ ---------- --- ---------------------------- ---------------------------- ---------------------------- ---------------------------- Interior Side, abutting historic NA 10' Min 10' Min 10' Min resource Rear, abutting historic 0 8' Min 8' Min 8' Min resource Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 13 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 F: Criteria to Exceed 45 feet. The Planning Commission may pprove a Conditional Use Permit to allow for additional height up to 60 feet pursuant to the findings listed in this subsection and the review criteria set forth in Section 24.060.E: I. That the additional height is consistent with the applicable purposes of the Overlay 2. That the additional height makes a positive contribution to the overall character of the area and that the building will be compatible with its surroundings. The "positive contribution" and "compatibility" will be assessed using a combination of visual studies, line-of-sight drawings, photo simulations, 3-D modeling, and view shed analysis; 3. That the additional height would not cause an adverse change in the significance or integrity of a historical resource that is onsite or adjacent to the site; 4. That the additional height will not unduly restrict access to light and air from adjacent properties or the public right-of-way, or otherwise be detrimental to the public health, safety, or welfare; and 5. That the building design expresses a relationship to an existing datum line or lines of the street wall or adjacent historic resource, if and G: Criteria to Exceed 60 feet. The Planning Commission may allow for additional height up to 75 feet, if a Conditional Use Permit is granted per subsection 5.070.F, above, and when a proposed project includes at least three of the following community benefits: I. Improves the existing streetscape by providing widened sidewalks, additional street trees, new mid-block walkways/paseos,public plazas,parks, etc.For a project that would widen the sidewalk by increasing the ground floor building setback, a public outdoor amenity space shall be included in the design, and this space shall be designed and configured to provide adequate space for pedestrian movement and activity; 2. Provides publicly accessible private open space, such as a street-level park or rooftop open space that is open to the public at least 8 hours per day and/or at least 120 days per year; 3. Demonstrates exceptional architecture/design. "Exceptional" architecture/design may be demonstrated by any of the following: a. The use of innovative, creative or original architectural concepts, materials, or building techniques; b. The use of visual elements that contribute positively to the built environment, such as well- proportioned facades,pleasing materials, and unique features; c. The use of innovative building systems or forms, and/or the use of creative design, to increase building efficiency and to reduce energy consumption; d. The use of low impact development and green infrastructure features in sustainable design and landscaping; or e. The use of high-quality building materials that contribute to long-term durability and visual quality. 4. Respects and/or preserve cultural, historical, or archaeological resources that exist or occur onsite or within the Overlay; 5. Exceeds the minimum number of Inclusionary Dwelling units required by IZO Section 3.040; or 6. Provides all required parking below grade. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 14 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 H: Criteria to exceed 80% Lot Coverage. The Planning Commission magpprove a Conditional Use Permit to allow for additional lot coverage of up to 100%pursuant to the review criteria set forth in Section 24.060.E and if any one or more of the following are true for a project: 1. The development improves the existing streetscape by providing widened sidewalks, additional street trees, new mid-block walkways/paseos, public plazas,parks, etc.; 2. The additional lot coverage would reflect the prevailingdevelopment evelopment pattern in the for the abutting and adjacent parcels; 3. The development includes adequate provision for recycling and solid waste; 4. The development includes adequate space for street trees, or 5. The development includes other measures to enhance the pedestrian environment. I: Sunset Provision.Unless otherwise rescinded by a majority vote of the City Council,this ordinance shall expire on the adoption of a Zoning Ordinance that implements the adopted 2040 General Plan. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 15 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 EXHIBIT 2 Zoning Map with existing zoning district(s) and overlay zones' N. '� `a ♦ ' :. 4. i r i �. f Jh- \ •i ..+ fir' ct':� ,�"a). 1 •� "'+i. � � ..�� - '✓ � y !� J Oil Ol ❑Parking Assessment ❑ Central Petaluma Zoning District Specific Plan Area Civic Facility i d Mixed Use 2 '1 1 Residential 3 Floodway — open Space 0 Residential 4 Historic District Theater District Mixed Use — and Park Residential 5 1A — Planned Unit Mixed Use District oaf......crty of 110a1,—t SRi t3......dp 1C Residential 2 'Note: The theater district overlay expired on August 4,2023. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 16 of 17 Docusign Envelope ID:48842457-D3B9-49FD-BAD4-EB4C24848C00 HCPC Resolution to Recommend that the Planning Commission Adopt Zoning Amendments Planning Commission and the Historic and Cultural Preservation Committee Joint Hearing November 14,2023 EXHIBIT 2 Zoning Map with proposed Downtown Housing & Economic Oportunity Overlay �• .ow, a 1 0 a i 1 o Z nun. •� -� y�J Zoning❑parking Assessment ®Downtown Housing it ❑ Central Petaluma Civic Facility Mixed Use 2 Residential 3 District Economic Opportunity Specific Plan Area Overlay Floodway Open Space Residential 4 Historic District Theater District Mixed Use and Park 0 Resldentlal 5 IA Planned Unit Mixed Use District Data source Oty of Petaluma FSRi Wsemap 1C Residential 2 2 Note: The theater district overlay expired on August 4,2023. Historic and Cultural Preservation Committee-Resolution No.2023-20 Page 17 of 17