HomeMy WebLinkAboutPlanning Commission Resolution 2012-11 08/14/2012 RESOLUTION NO. 2012-11
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT TO MODIFY PARKING REQUIREMENTS FOR THE
DEER CREEK VILLAGE PROJECT
LOCATED AT NORTH MCDOWELL BOULEVARD AND RAINIER AVENUE
APNs 007-380-005 and 007-380-027
File No. 09-SPC-0091
WHEREAS, Merlone Geier has requested a Conditional Use Permit to modify parking
requirements as part of the Deer Creek Village Project at the intersection of North McDowell
Boulevard and Rainier Avenue; and,
WHEREAS, Section 11.065.0 outlines reduction of up to 25% of required parking spaces for
shared off street parking facilities through the issuance of a Conditional Use Permit; and,
WHEREAS, the proposed Conditional Use Permit has been processed in compliance with
Section 24.030 of the Implementing Zoning Ordinance and referred to the Planning Commission
for consideration as part of the project's larger Site Plan and Architectural Review as authorized
by subsection 24.030.Q of the Implementing Zoning Ordinance; and,
WHEREAS, the City Council certified a Final Environmental Impact Report and made
findings of Overriding Considerations for the Deer Creek Village project; and,
WHEREAS, the issuance of the Conditional Use Permit is consistent with Mitigation Measure
AQ-4, which requires a reduction in parking hardscape while still meeting parking requirements
as outlined in the Implementing Zoning Ordinance; and,
WHEREAS, on August 2, 2012, a Notice of Public Hearing was published in the Argus
Courier and mailed to all residents and property owners within 1,000 feet of the project and all
individuals who requested notification; and,
WHEREAS, the project as conditioned, will not constitute a nuisance or be detrimental to
the public welfare of the community because it will be operated in conformance with
performance standards specified in the Uniform Building Code, the Petaluma Implementing
Zoning Ordinance, and is consistent with the City of Petaluma General Plan 2025; and,
WHEREAS, the Planning Commission held a properly noticed public hearing on August 14,
2012, in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.030.
NOW,THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the
Conditional Use Permit for modification to required parking for the Deer Creek Village Project,
based on the findings made below and subject to conditions of approval attached as Exhibit A
hereto and incorporated herein by reference:
1. The request to reduce on-site parking requirements by approximately 10%for Deer Creek
Village is consistent with the allowable reduction allowed in IZO Section 11.065.C.
Planning Commission Resolution No. 2012-11 Page 1
2. The shopping center layout encourages a single customer to make multiple stops within
the center therefore reducing the necessary parking requirement for each individual use
in the center.
3. The shopping center is served by transit, includes preferred parking for carpool/vanpool,
and connects with the existing bike and pedestrian network to provide access by all
methods of transportation.
4. Based on the above two findings the parking reduction will not create insufficient parking
for the uses within the Deer Creek Village center.
5. The parking reduction is consistent with General Plan policy 5-P-13 for major employers to
reduce parking requirements for mixed use development and developments providing
shared parking.
6. The parking reduction is consistent with Deer Creek Village Mitigation Measures AQ-4
which required reduction in parking hardscape while maintaining consistency with
parking requirements as outlined in the IZO.
ADOPTED this 14th day of August, 2012, by the following vote:
_ —
, . ,
Commissiphet m Aye- Nor Absent Abstgmi*
Abercrombie X
Elias X
Herries X
Johnson X
Kearney X
Chair Pierre X
Vice Chair Wolpert X
mife 'ierre, Crr
ATTEST: APPROVED AS TO FORM:
r
AS J 1.._41
H:!±ether Hines, Comm'4sion Secretary Eric Danly, City A orney
Planning Commission Resolution No.2012-11 Page 2
Exhibit A
CUP CONDITIONS OF APPROVAL
DEER CREEK VILLAGE
INTERSECTION OF NORTH MCDOWELL AND RAINIER
APNs: 007-380-005 and 007-380-027
File No. 09-SPC-0091
1. This Conditional Use Permit authorizes a reduction in required off-street parking spaces by
10% and up to 25% of the required parking as outlined for individual uses in Section 11 of the
Implementing Zoning Ordinance.
2. Plans submitted for building permit review shall be in conformance with the
Conditional Use Permit request and plans date stamped July 25, 2012.
3. The applicant shall defend, indemnify and hold harmless the City and its officials, boards,
commissions, agents, officers and employees ("Indemnitees") from any claim, action or
proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of
the project. The applicant's duty to defend, indemnify and hold harmless in accordance
with this condition shall apply to any and all claims, actions or proceedings brought
concerning the project, not just such claims, actions or proceedings brought within the time
period provided for in applicable State and/or local statutes. The City shall promptly notify
the applicant of any such claim, action or proceeding concerning the project. The City
shall cooperate fully in the defense. Nothing contained in this condition shall prohibit
the City from participating in the defense of any claim, action, or proceeding, and if the City
chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the
City.
4. Further reduction of on-site parking, up to 25%of the required parking, is encouraged.
Planning Commission Resolution No.2012-11 Page 3