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HomeMy WebLinkAboutOrdinance 2340 N.C.S. 07/20/20091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 EFFECTIVE DATE ®F ®RDINANCE August 20, 2009 Introduced by David Glass ORDINANCE NO. 2340 N.C.S. Seconded by Tiffany Renee ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 25 ENTITLED "AMENDMENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., TO CLARIFY THE REVIEW OF PROPOSED ZONING AMENDMENTS BY THE PLANNING COMMISSION WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Council to establish such commissions as shall be necessary for the effective accomplishment of municipal business, provided that a member of the City Council shall be a member of each commission, commissioners' terms shall not exceed four years, and commissioners that have served continuously for six years shall not be reappointed until at least one year has elapsed affer the expiration of the sixth year of service; and, WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to combine the duties of the Planning Commission and Site Plan and Architectural Review Committee into a single, reconstituted Planning Commission in order to streamline, expedite and enhance the processing and consideration of development applications in the City of Petaluma; and, WHEREAS, on June 15, 2009, the City Council of the City of Petaluma introduced: Ordinance No, 2337 amending Chapter 2.08 and repealing Chapter 2.50 of the Petaluma Municipal Code to abolish the Site Plan and Architectural Review Committee and add site plan and architectural review responsibilities to the duties of a reconstituted Planning Commission; and Ordinance No. 2338 amending specified provisions of the Implementing Zoning Ordinance and Ordinance No. 2339 amending specified provisions of the SmartCode© to implement the consolidation of Planning Commission and site plan and architectural review duties in a newly reconstituted Planning Commission; and, FINDINGS WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments contained in this ordinance to the City's Implementing Zoning Ordinance, Ordinance No, 2300 N.C.S., are in general conformity with the Petaluma General Plan and any applicable plans,.and that the public necessity, convenience and general welfare require or clearly permit the adoption of the proposed amendments. Ordinance No. 2340 N.C.S. Page 1 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 2 FOLLOWS: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Section 1. Section 25.010, "Amendment" of the Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S., is hereby amended to read as follows: This Ordinance may be amended by changing the boundaries of any district or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment. No amendment to provisions of this ordinance that regulate matters listed in Government Code section 65850, as from time to time amended, shall be made unless the Planning Commission and the City Council find the amendment to be in conformity with the General Plan, The City Council, in its sole discretion, may direct that amendments to provisions of this Ordinance that regulate matters other than those listed in Government Code section 65850, as from time to time amended, be submitted to the Planning Commission fora finding of conformity with the General Plan. Section 2. Section 25.040, "Investigation and Report" of the Implementing Zoning Ordinance, Ordinance No, 2300 N.C.S., is hereby amended to read as follows: The Zoning Administrator (Director) shall make an investigation of the proposed amendment and shall prepare a report thereon which shall be submitted to the City body or bodies with jurisdiction over the proposed amendment. Section 3, The title and first sentence of Section 25.050, currently entitled "Public Hearings" of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby amended to read as follows: 25.050 -Public Hearings of the Planning Commission For proposed amendments subject to Planning Commission review in accordance with section 25.010, the Planning Commission shall hold a public hearing in accordance with this section, Section 4. A new Section 25,065, entitled "Public Hearings of the City Council" is hereby added to read as follows; 25.065 -Public Hearings of the City Council The City Council shall hold public hearings in accordance with this section to consider proposed amendments subject to Planning Commission review in accordance with section 25.010. The City Council may, iri its sole discretion, hold public hearings in accordance with this section on proposed amendments for which Planning Commission review is not required in accordance with section 25.010. A. Notice of public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Petaluma, at least ten (10) days prior to said public hearing, or by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the last adopted tax roll of Sonoma County as owning property within five hundred (500) feet of the boundaries of the property that is the subject of the hearing. B. Action by the City Council at conclusion of hearing. If, at the conclusion of the hearing, the City Council finds the amendment to be in conformance with the findings specified in section 25,070, the City Council may adopt the amendment. Ordinance No. 2340 N.C.S. Page 2 1 2 Section 5. Section 25.080, "Changes by City Council" of the Implementing Zoning 3 Ordinance, Ordinance No. 2300 N.C.S., is hereby amended to read as follows: 4 5 If the City Council proposes to alter a proposed zoning amendment recommended by 6 the Planning Commission, or to alter or adopt an amendment which has been denied by the 7 Planning Commission, or to alter a proposed zoning amendment for which Planning Commission 8 review is not required in accordance with section 25.010, the City Council, in its sole discretion, 9 may either: refer the proposed altered amendment back to the Planning Commission for report 10 and recommendation before adoption, or adopt the proposed altered amendment. Failure of 11 the Planning Commission to report to the City Council within thirty (30) days of the City Council's 12 referral shall be deemed approval by the Planning Commission of the proposed amendment. 13 14 Section 6. The City Council finds that adoption of this ordinance is exempt from the 15 California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b)(3) (no possibility 16 that the activity may have a significant impact on the environment) and 150fi0(c)(3) (the 17 activity is not a project as defined in Section 15378) of the CEQA Guidelines (title 14, Chapter 3 18 of the California Code of Regulations). 19 20 Section 7. If any section, subsection, sentence, clause, phrase or word of this ordinance 21 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 22 competent jurisdiction or preempted by state legislation, such decision or legislation shall not 23 affect the validity of the remaining portions of this ordinance. The City Council of the City of 24 Petaluma hereby declares that it would have passed and adopted this ordinance and each 25 and all provisions thereof irrespective of the fact that any one or more of said provisions be 26 declared unconstitutional, unlawful or otherwise invalid. 27 28 Section 8. This ordinance shall become effective thirty (30) days affer the date of its 29 adoption by the Petaluma City Council. 30 31 Section 9. The City Clerk is hereby directed to publish or post this ordinance or a synopsis 32 for the period and in the manner provided by the City Charter and any other applicable law. 33 34 INTRODUCED and ordered posted/published this 6th day of July, 2009. 35 ADOPTED this 20th day of July, 2009 by the following vote: 36 37 AYES: Vice Mayor Barrett, Glass; Renee; Mayor Torliatt 38 NOES: Harris, Healy 39 ABSENT: Babbitt 40 ABSTAIN: None 41 42 43 44 45 46 Ordinance No. 2340 N.C.S. Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ATTEST: APPROVED!AS T I Claire Cooper, City Clerk Eric Danly, Ordinance No. 2340 N.C.S. RM: ey Page 4