HomeMy WebLinkAboutAgenda Bill 6B 12/07/2009CITY OF PETALUMA, CALIFORNIA o
AGENDA ILI. ®ecernber 7, 2005
.:Agenda Title:• Discuss, consider and introduce Ordinance to amend the Meeting Date: 7 December 2009
Implementing Zoning Ordinance:(IZO), Chapter~l9, to confirm the existence-
and legality of the Planned Community District (P.C.D.) zoning designation. Meeting Time: 7:00 PM
CateEOry: ^ Presentation ^ Appointments ^ Consent ~ Public Hearing ^ Unfinished Business ^ New'Business
Department: Directors: Contact Person':. Phone Number:
.Planning Geoff Bradley, Mgr. Geoff Bradley 778-4301
Water Resources & Cons. Michael: Ban, P,E. Pamela T 778-4514
Total Cost of Proposal. or Pro,iect: Staff tim , r process Nam of Fund:
through Council adoption of Ordinance and re.pri~nting~ of ~ Account~i1,1.00-T~23'00-54T 10 (Bradley)
applicable Zoning Ordinance sections, estimated at less 6600`°661.0.0.-51110, (Tuff) ~`
than $5,000. ~ -
Current •Fund Balance: N/A
.Amount Budgeted: N'/A ''
Recommendation: It is recommended that the City Council'take the following action:
It has been recommended by the Plaruling Commission, fallowing a Public Hearing held November 10, 2009,
that the City Council introduce the attached Ordinance to .adopt the text amendments, as set forth herein, to the '
Implementing Zoning Ordinance to facilitate the continued management of current land uses and structures
within. existing P:C.D.s, recognizing that no new P.C.D~.s would be created, or adopted in the future.
L ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First:reading of Ordinance approved without. unanimous vote: Ordinance has-been published/posted prior to second
reading; see Attachment .
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
The adoption of the Implementing:. Zoning Ordinance (IZO.), iri'~June 20-08, was intended to bring the Zoning
Ordinance more into consistency with the la_rid use designations contained in the newly adopted General Plan
2025 document. 'The. IZO included a section (Chapter 19) to address the ongoing regulatory process for Planned
Unit.. Districsts (P.U.Da) but did -not include: anyY reference to the. existence of Planned Community- Districts
...
(P.C.D.s), creating some potential uncertainty for processing land ,use entitlements for these properties. The
issue was identified when. a~minor annexation.was proposed to the Ellis Creek Water Recycling Facility, aCity-
owned and adopted P.C.D. Resolution of the .existing inconsistency through a zoning ordinance amendment was
found to be appropriate, timely,, and reasonable. •
Attachments to: Agenda-Packet;Item
1. Planning Commission, Staff Report±of November 10, 2009 with attachments: IZO zoning map, and
General:P an 202SLand~_Use map -
2. Notice of Publc.,~Heaning ,
3. Planning Cotnmissionmeetng minutes excerpt of November 10, 2009
4. Draft Ordinance- (Planning Commission recommended motif cations are;illustrated) -
-
Reviewed by Finance Direc"tor:
Reviewed by City
Atfo~neY; ~ • _.
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S4'ru-c~.c~.' ~ , - S'~D - .i . --~
Date:~ %~ %$-:0
w ._... Date: - ~ Date: I/~ ..._
Rev.~#
Date' Last.Revised: - ~IZO amendment
Ftle S:\Staff Folders\Pamela Tuft\WaterSResources
'
(,~/ • Benda Bill IZO~Amendment 120709\CC ,
PCD for CDD\Council A
(`I 20709 d
A enda BdI IZO PCD amendment I oc
1'~l~'~; ~)l
CITX OF PETAL>(J1VIA,; CALIFORNIA
7 DECEMBER 2~~9
AGENDA REPORT
FOR
DISCUSS, CONSIDER AND INTRODUCE ORDINANCE TO
AMEND THE IMPLEMENTING ZONING ORDINANCE CHAPTER 19
TO CONFIRM THE EXISTENCE` AND LEGALITY
OF THE PLANNED COMMUNITY DISTRICT (P.C.I~.) ZONING DESIGNATION.
1. RECOMMENDATION:
It has been recommended by thePlanning Commission, following a Public Hearing held November
10, 2009, that the City Council :introduce the attached Ordinance to adopt: the .text amendments, as set
forth therein, to the Implementing. Zoning Ordinance to .facilitate the continued management of
current .land. uses and: structures within existing P.C.D.s, recognizing that no new P.C.D.s would be
created or adopted in the future, See attached. Planning Commission Staff Report, PC meeting
.. minutes excerpt, and draft 'Ordinance for specific recommendations on IZO text amendments to
address; the issue.. The Draft Ordinance illustrates (using strikethrough and underlining) the Planning
Commission recommended text amendments; the originally suggested text amendments are defined
within the Staff Report.
2. BACKGROUND:
The adoption of the Implementing Zoning Ordinance ;(IZO), in June 2008, was intended to bring the
Zoning Ordinance more into consistency with the land use designations contained in the .newly
adopted General Plan 2025 document. The IZO included a section (Chapter 19) to address the
ongoing regulatory ,process for P.U.D.s but did not include- any reference to the existence of P.C.D.s,
creatrig some' potential uncertainty for processing land use permits for these properties.
The long-time use of Planned Unit Districts (P.U.D.s) provides for residential developments not
easily fitting into any of tlie.Residential Zoning Districts such as R-1 6,500. These developments
were designated P:U.D. with an individual document containing the "standards" for development
within that specific P.U.D.. P.C.Da; on the other hand, were typically used for non-residential
development. There are currently twelve P.C.D.s within Petaluma (see attached Zoning Map for
locations, shown in orange and- Staff Report to Planning Commission for list of P.C:D.s). The City of
Petaluma owns three of the P.C:Da and four parcels within P.C.D. #9 (see Planning Commission
staff report):. The remaining nine P,C:D.s include nearly 120 parcels, not counting several. with
numerous corrime"rcial_and/or industrial ownership/occupancies.
See the at'taclied. Planning Gomm~isson Staff Report for additional background information on the
existing P.C:p.s and the impetus for undertaking the recommended IZO amendments. This proposed
amendment offers no new effects other than to reognize the existing P.C.D. zoning designafiom and
provide. a procedure for modification of existing P.C.D.s, therefore no additional environmental
review was undertaken:
3. ,D[scussloN:
The Planning Commission conducted a public hearing on. Tuesday, November 10, 2009. A Public
Notice on the hearing had been published in the Press Democrat. A separate Notice of Public
Hearing .for the Council hearing was published (see Attachment 2). As of the writing of this Agenda
• Bill,:; rio comments had been. received.
• ~ Page ~2
Alternatives:
A. Adopt legislation. as recommended by Planning Commission.
B. Direct staff to amend legislation to reflect modifications to the text amendments as
recommended by the Planning Commission.
C. Take no action to amend the Implementing Zoning Ordinance to recognize the' existence of
P.C.D.s~ within the City.
4. FINANCIAL IMPACTS:
There are no anticipated significant financial impacts to the City. Financial impacts to individual
property owners, if no text amendments are adopted, could include variances or rezoning to another
zoning designation for proposed' modifications within an existing P.C.D.
Attachments:
L Planning Commission Staff Report of November 10, 2009 with attachments: IZO zoning map .and
General Plan 2025 Land Use map
2. Notice of Public Hearing
3. Planning Commission meeting minutes excerpt of November 10; 2009
4. Draft Ordinance (Planning Commission recommended modifications are illustrated)
1'ag~ ~3
Attachment 1
CITY OF PETAL,LJIVIA, ~CAI,IFOI~NIA
STAFF I~EPOI~T
Water Resources and Conservation Department, 202 North McDowell.Blvd., Petaluma, CA 94952
(707) 778-4546 Fax (707) 778-4508 Email: dwrc@cipetaluma.ca.us
DATE: .November 10, 2009
TO: PLANNING COMMISSION
PREPARED BY: Pamela Tuft; Special Projects Manager, DV1/R&C
REVIEWED BY: Geoff I, Bradley, Contract Planning Manager
SUBJECT: IMPLEMENTIfVG ZONING ORDINANCE AIVIENDMfNT
Planned.Community District (P.C.D.)
Proposal
Discuss,, consider and recommend to -the City Council options to amend the Implementing
Zoning Ordinance Chapter 19 to confirm the existence and legality of the P.C.D. zoning
designation.
Background
The adoption of the Implementing Zoning Ordinance (IZO), in June 2008, was intended to bring
the Zoning Ordinance more. into consistency with the land use designations contained in the
newly adopted General Plan 2025 .document. The IZ0 included a section (Chapter 19) to
address the ongoing regulatory process .for P.U.D.s but did not include any reference to the
existence of P.C.D.s, creating some potential uncertainty for processing land use permits for
these properties.
The long-time use. of Planned Unit Districts (P.U.D.s) provides for residential developments not
easily fitting; into any of the Residential Zoning Districts such as R-1 6,500. These developments
were designated P.U.D. with an individual document containing the "standards" for
development within `that specific. P.U~,D. P.C.Da, on the other hand, were typically used for
non-residential development. There are currentlytwelve P.C.D.s within Petaluma:
1. E,Ilis Creek Water Recycling. Facility
2. Petaluma Municipal Airport
3. Garfield Drive,open space area
~4. L.akevilfe Business Park
5..Petaluma IVI'arina Office Park
6'. Park Centr=al /Park Square '
7. Santa.Rosa Junior College
8. Lower Corona Reach (including Petaluma Village Factory Outlets and parcels both north
and south)
Page ~4
PLANNING COMMISSIQN '
Implementing Zoning Ordinance TextAmendment November 10, 2009
Planned Community-District (P.C.D:)
9. Rancho Arroyo Business Park
10. Redwood Business Park, Phases I, II, and III
11. Redwood Gateway
12. Wood Sorrell (one parcel located'. between McDowell IVleadows P.U.D. and the Sunrise
Assisting Living Complex). Note: The second parcel is this P.C.D. was recently approved
for development, The Birches, and rezoned to P.U.D.
The City of Petaluma owns the first three P.C.D.s and four ,parcels within P.C.D. #9. The
remaining nine P.C.Da include nearly 120 parcels (not counting several with numerous
commercial and/or industrial ownership/occupancies).
Proposal
An issue came to light when a proposal was processed to annex 75-acres of open space to the
City's Ellis Creek Water Recycling Facility... The Ellis Creek Facility has its own zoning regulations
within the adopted Ellis Creek P.C.D.;Standards. The annexation process included rezoning the
75-acres to P.C.D. and amendingthe Standards to recognize and regulate the preservation and
enhancement of the: 75-acres of open. space. The Planning Commission, on June 23, 2009,
recommended approval of all actions to complete the annexation process. At that time, it vvas
discovered that the adopted, Implementing Zoning Ordinance; did not carry forward the zoning
designation and standards for P.C.D. from the old Zoning Ordinance into the IZO as it did the
P.U.D. zoning designation and regulations. The process to complete the annexation vvas halted
pending resolution: of this issue. Options included:
1. Rezoning the entire Ellis Creek Facility fo something other than P.C'.D. and retaining the
adopted P.C.D. regulatory standards as non-regulatory policies for ongoing operation of
the..facility, or
2. Amending the IZO to address the issue.
While the first option would-resolve the Ellis Creek annexation issue, it would not address the
remaining eleven P.C.D.s.
The current ituation, of managing. the day-to-day planning services for the existing P.C.Da
without a clear link to the Implementing Zoning Ordinance.is not desirable.
When the need to modify~`a P.C.D. arises, .initiating wholesale rezoning for properties within a
given P:.C~D. could ~be und';ertaken by the City or the individual property owners. This would
resolve the zoning; issue, but would likely require repetitive: project-by-project. hearings .and
considerable: effort' and- expense on the part of existing property owners and the City.
Upon discus'sio.ns; with ;the City "Manager, it was determined ,that amending the 1Z0 to address
the issue would best serve th.e interests of all of the existing P.C.D.s. The one issue. which
rremains is how to amend the. IZO to effectively and fairly to ..address the existence of P.C.D.s
within the community, allow- those property owners- to retain reasonable expectations of
;consistency in implementation of their historic zoning regulations, while addressing the City's
desire to avoid the use ofP.C.D. as a new land use designation in the future because the need
Pa~ie ~5
PLANNING COMMISSION
Implementing Zoning Ordinance Text Amendment November 10, 2009
Planned Community. District (P.C.D.)
for that designation has largely disappeared as the City's urban service area has developed.
Resolution of the existing inconsistency through a zoning ordinance amendment seems
appropriate, .timely, and reasonable to accomplish within an achievable timeframe of tvvo
months with .existing City staff.
General Plan Consistency
The General Plan designations of the twelve P.C.D.s vary greatly; as follows:
P.C.D..(by name or area)
•
General Plan designation , Consistent
with G:P.?
# of Parcels
Ellis Creek Water Recycling
Public/Semi Public
V
6
Facility
Petaluma. Municipal Airport Public/Semi Public V 6 -
Garfield Driveopen space area Proposed City Park No 1
Lakeville Business Park Business Park 1/ 19 + condos
Petaluma IVlarina Office Park ,Mixed Use and Public/Semi- d 10
Public
Park Central /Park Square Mixed Use v 8 + condos
Santa Rosa Junior College Education 1/ 1
Lower Corona. Reach (including
Petaluma Village Factory
~ ~-
Outlets and parcels both north Community Commercia! 5
and south)
Rancho Arroyo Business Park Community Commercial and ~ '• 25 + condos
(includes Petaluma Auto Plaza). Business Park.
Redwood Business Park, Phases Business' Park 1/ 34 + condos
I,Il,andlll
Redwood Gateway Community Commercial ~/ 2
Wood Sorrell (one parcel
located ,between. McDowell N/A
~
Meadows'and the Sunrise High Density Residential (vacant) 1
Assisting, Living;;°Complex)
•
TOTAL 118
condos
Recommendation
It is .recommended that the Planning Commission consider the following text amendments to
the Implementing Zoning.. Ordinance to facilitate the continued management of current land
"uses and structures within existing P.C.D.s, recognizing that no new P.C.D.s.would be created or
adopted in thefuture.
Pale ~6
PI:ANNIN.G COMMISSION
Implementing Zoning: Ordinance Text Amendment November 10, 2009
.Planned Communit6°District'(P.C.D.)
Amend Table of.
N
Number
Chapter 19
4) as #ollows:.
Tifle~~~ontents~ ~-
~ Planned Unit District (P.U.D.) and Planned CommunityJDistrict (P.G.D.)
19.010- Purpose
19.020 -Establishment of a P.U.D. District
19.030 -Findings
19-040 - P:U.D. S+s#and P.C.D. Procedures
19-050 -Permits
19-060 -Model Homes
19-070 -Changes in the Unit Development Plan
Pah° #
135
Amend Table 2 -1 on page 10 to include P.U.D. (not currently included in the Table) and P.C.D.
under the section titled "Business, Industrial; and Other Special Districts", to add the following:
~.,+
(- "Zone ~' _~` ~ ~ Gr neral Plan D~sgnation~
' -Narr~P,of ZonF
Symbol.. ~. ~ ~a.. _` ~,:.<.. •_; .Jmpleni~nieri°t~yZOn~_
- -- -
~P.U.D. ~ ~ Planned Unit Distract Low, Medium, and High 1
Density Residential
~ P-.C.D. ~ Planned Community District ~ Various J
Amend Chapter 4 -Zone Districts and Allowable Land Uses, to add the following:
4:020 -Purpose of Established Zones
R. Planned Unit Districts and Planned Community Districts. The historic use of
P.U.Ds and P.C.Ds for the development-of residential, industrial; and commercial properties in.
various zones in which the underlyin~ P.U.D and/or P.C.D uses are permitted is hereby
recognized. Non-'residential P.C.Ds in existence as of Maw T9, 20.08, and residential P.U.Ds are
recognized to be consistent with. the -intent of these regulations by the establishment of their
individual and respective P.U:D and P.C.D standards. Development and redevelopment of lands
within P.U.Ds and P.C.Ds including modification of P:C:Ds and/or addition of land to P.C.Ds,
shall be in accordance with the individual adopted standards for said P.U.D or P.C:D and other
applicable zoning standards not otherwise modified by the•~P.U.D or P:C.D adopted standards.
The creation and modification of P.U.Ds. and the modification and/or addition of land to P.C.Ds
existing as of Nlay 19', .2008, is regulated by Chapter 19 herein. The creation of wholly new
P.C.Ds. or the addition of'land to a P.C.D where the .expansion area is not mmediately'adtacent,
is not permitted by this .Ordinance.
Amend Chapter 19 Planned Unit District as follows:
Chapter 19 Planned Unit: District and Planned Community District
19.010 -Purpose
Add following paragra"ph:
The P.C:D.. Planned Community District, was originally designed to allow non-residential
development with a mixture of uses, or unusual building; density or layout, or with design
characteristics which would not normally be permitted. i`n. a single commercial or industrial
zoning; district and which. vv.ould achieve unique and innovative community design superior to
Pa~~e ~7-
PLANNING COMMISSION
• Implementing:Zoning'O(dinance:TextAmendment November l0, 2009
Planned Community District (P. C. D.)
that which. would'. otherwise- be allowed by applicab a standards; as ,well. as to provide Ion
range planning for _lar~e tracts- of land °at the developing fringe of the City's. urban area.
Development~wyas allowed'in accordance:vvith adopted re>;ulations applicable to each individual
R.C.D. The creation of nevv P.C.D.s is no loner permitted` but the historic use and continued
~cbvvth and evolution of R.C.D.s existing as of N1ay 19, 2008; is supported by these regulations.
19.040 - P.U.D._8is~r+st-and P.C.D. Procedures
F. Modifications of the Planned Community District General Development: Plan.
From time to time, it may be necessary and desirable -to modify the approved Planned
Community District General. Development Plan to accommodate expansions, additions, or
modifications of existing improvements and/or. occupancies vvithin an adopted P.C.D.
Modifiications of such aplan may be .initiated by the City Council, the Planning Commission, or
by the property owner, his/her•authoriied agent or developer. Requests for modifications shall..
follow those procedures set forth in Section 19.040 E., reco~nizin~'that any reference to P.U.D
or Unit Development Plan shall include. a P.C.D. General Development Plan. In the case of
modification to a P.C.D. General Development Plan, refererices in.Section 19.040.E.S to findings
required for adoption of such a 'modification shall require :findings as set forth .in Section
19.030 rather than findings required prior to May 19, 2008 as part of the original P.C.D.
approval
Following Planning Commission .consideration and closure of the Public Hearing, the Planning
Commission is respectfully requested to recommend, to the; City Council, the adoption of the
IZO text amendments as set forth above.
Attachments: IZO zoning map
General Plan 2025 Land Use map
cc: John C. Brown, City Manager.
IVl.ichael'Ban, DWR&C DiYector
Remleh Scherzinger, Engineering Manager
Scott; Duiven, Senior Planner
Geoff Bradley; .Contract Planning Manager
Project fine
S:\Staff Folders\Pamela Tuft\Water'Resources\IZO Amendment PCD for CDD\Council Agenda Bill IZO Amendment 120709\CC Attach 1 PC1Z0
PCD amendment_10212009 (3).doc
P~~~L ~g
City of Petaluma Zoning Map
LEGEND
Zoning Districts
- AG (Agriculture)
BP (Business Park)
- C1 (Commercial 1)
- C2 (Commercial 2)
CF (Civic Facility)
r~ CPSP
~ _ j FW (Floodway)
I (Industrial)
. MH (Mobile Home)
MU1A
- MU1B
MU1C
. MU2 (Mixed Use 2)
OSP (Open Space-Park)
. PCD
O PUD
R1 (Residential 1)
R2 (Residential 2)
R3 (Residential 3)
R4 (Residential 4)
- R5 (Residential 5)
Overlay Zoning Districts
a Historic Combining District
100 Year Floodplain
Boundaries
~ _, _ ~ City Limit
R~~ ~~r t~t
r
l85 ti3
P3~~ ~i
~-.~~~ l0
ALi~ ~~ Attachment 2
~~ City of Petaluma, California
~ ~,
Q' `,,~;~ , I c, ,
~~~ .
"`" ~ fi~r~', NOTICE.OF PUBLIC HEARING FORZONING ORDINANCE AMENDMENT
~'-~ PLANNED COMMUNITY DISTRICT{P.C.D.) REGULATIONS
~'
Ig,S.,g Publish on or before November 26; 2009
_ **You are invited.to attend a City Council hearing on the
proposed amendment'to the 2oni'ng~0rdinance; Chapter 19**
Hearing Dafe/Time: IVlonday, December 7, 2009 at 7 PM.
NOTICE IS HEREBY GIVEN that the. City,~o,f Petaluma is proposing~an arriendmentto,the Zoning Ordinance
pertaining to the regulation of properties designated Planned' Community District (P.C:D.). The adoption of
the Zoning Ordinance, in June 2008, did not include;any reference'°to the existence of P.C.D.s, inadvertently
rendering them as legal non-conforming land uses and bdildngs. The proposed amendments are intended
to confirm th;e existence and legality of-the P.C.D. zoning designation, specifically by amending-the following
Zoning Ordinance. sections, as recommended by the Plannirig'Comrnission following a Public Hearing held
November 10, 2009:
Amend th, a Table of Contents to include a reference to Planned Community District.
Amend Table 2-1 (page 10), to include references to both Planned Unit District and Planned
Community District.
Amend Chapter 4 Zone Districts and Allowable Land Uses, to.add the following:
4.020 -Purpose of Established Zones
R. Planned Unit Disfr.,icts and Planned 'Community Districts. The historic use of __P._U.D.s and
P.C.D.s forthe development- of residential; industrial, arrd commercial properties in various zones in
which the underlying P.U.D. and/or"P.C:D. uses are permitted is .hereby recognized. Non-residential
P.C:D.s inexistence as of May 19 '2008,. and residential P.U:Da are recognized to be consistent with
the intent of these regulations by the establishment of their individual and respective P.U.D.. and .
P.C.D. standards. Development and redevelopment .of -lands within P.U.D.s and P.C.D.s, including
modification of P:C.D.s and/or addition of land fo P.C:D.a, shall be in accordance with the individual
adonted standards for said P.U.D.. or P.C.D: and .other applicable zoning standards not otherwise
modified by the P.U.D. or ~P.C.D: adopted standard"s. The creation and modification of P.U.D.s, :and
the modification and/or 'addition of land to P.C.Da .existing as .of May 19, 2008, is regulated by
Chapter 19 therein. The creation. of wholly new_P:C.Da; 'or .the addition of land to a P.C.D. where the
expansion area is not:iminediafely adiacent. is not nerrriitted by this Ordinance.
Amend. Chapter 19 Planned -Unit District as follows: .
Chapter.l9 Planned Unit District and Planned Community District.
19.010.. _ Purpose
Add followings paragraph':
The. P.C:D: Planned..Community :District; was. .originally .designed to allow non-residential
.development. with. ;a micture of uses, nor .unusual building density or layout, or vvifh design
characteristics which would_ not normally be permitted in a single commercial or industrial~zoriing
disfrict and which w"""ould achieve unique and innovative community design superior to that which
would othervwse 'fe allovved by applicable.`standards, as well as to provide long range planning for
large tracts of and at the. developing fringe of the City's urban area. Development was allowed in
accordance with ;adopted regulations applicable to each individual P.C.D. The creation of new
Pa<~e ~ 11.
Notice of Public Hearing, 26 November 2009
Zoning Ordinance An2endment to Rec~nize P.C.D.s
P.C.D.s is no loner permitted but the historic .use and continued growth and evolution of P.C.D.s,
existing as of May 19, 2008, is supported bytliese regulations.
19.030 -Findings
The Unit. Development Plan, or modification of a P.C.D: General Development Plan, as defined
herein, may be approved bythe City Council upon .recommendation of the Planning Commission. In
recommending,the approval, or modification, of said Rlan, the Commission must find that said Plant
or modification thereof, clearly results in a more desirable use of land and a better physical
environment than would be possible under any single zoning .district or combination. of zoning
districts, and in .additional to-such general finds, the Planning Commission and City Council shall
make the following specific findings:
A. That any P.U.D. ~, or modification of a P.C.D., is proposed on property which has a
suitable relationship to one (1) or more thoroughfares, and that said thoroughfares are
adequate to carry anyadditional traffic generated by the development.
B. That the plan, or modification thereof, for the proposed development presents a unified and
organized arrangement of buildings and service facilities which are appropriate in relation to
adjacent or .nearby properties and that adequate landscaping and/or screening is included if
necessary to insure compatibility.
C. That the natural and scenic qualities of the site are protected, with adequate available public
.and private spaces designated on the Unit Development Plan or General Development Plan.
:19.040- P.U.D. ^"v,~cri Tand P.C.D. Procedures
A P.U.D.+e~, as set forth in this Chapter, may be established and a P.C.D. may be modified, as
follows and in compliance with Chapter 25. If any conflict exists between this Chapter and Chapter
25, this Chapter shall prevail.
A. Planning Commission Action. Following a public hearing, and upon making the required
findings, the Planning Commission shall make a recommendation to the City Council for
approval or modified approval of a proposed P'.U,.D. District and/or P.C.D amendment, and
shall recommend that the City Council approved the Unit Development Plan or General
Development Plan as submitted or as modified. Such recommendation. and a copy of the
recommended Unit Development Plan or General Development Plan shall be forwarded to
the City.Council for its consideration.
B: City Council Action. Following its hearing, the City Council may adopt an amendment to the
Zoning Ordinance establishing a P.U.D. n", or modifying a P.C.D., may deny the proposed
amendment,. or may adopt the proposed amendment with modifications.
C. Adoption of` P.U.D. t or P.C.D. Amendment. AT the time of adoption of a P.U.D.
District or P.C:D. amendment, the City Council shall approve; by resolution; the Unit
Development Plan or General Development .Plan amendment; which resolution as adopted
or as may be thereafter modified, in accordance with this section, shall .establish the
regulations for said P.U.D. 9i~i~or P.C.D. and shall become part thereof. Upon the
adoption of a F.U.D. ~'~~or P.C.D.. amendment, and. approval of the Unit Development
Plan or :General Development Plan amendment; -the proposals and standards of said plan
shall become the official development policy of the City. of Petaluma within the boundaries of
the P.U.D. n"nor P.C.D.
Page ~ 12
Notice of Public Hearing 26 November 2009
Zoning Ordinance Amendment to Recognize P. C.D.s
D. Deuel'opment in a' Planned. Unit ^°•~°'^^•~°~* District or Planned Community District.
Following the adoption of the: P.U.D. S+st~or P.C.D. amendment and the approval of the
Unit Development Plan or General Development Plan, all development within the District
shall be in conformity with: the said adop"ted Unit Development Plan or such modifications
thereto as may have been approved.
E. Modifications of the P.U.D. Unit Development Plan or P.C.D. General Development Plana
From time to time; it may be necessary and desirable to modify the approved Unit
Development Plan or.Generaf Development Plan,. .Modifications of such a-plans may be
initiated by the City Council; the Planning Commission, or by the property owner, his
authorized agent or. developer.
1. Requests for Modifications. Requests for modifications shall be submitted to the
Community Development Director in .written. form and shall be accompanied by
such additional maps, statements, or~other information as may be required to
support the proposed modification.
2. Public Hearing. if the proposed modification..involves an addition of a new use or
group of uses not shown on the original Unit Development Plan or General
Development .Plan, of if the Community Development Director for any other
reason deems it necessary, a public. hearing shall be held on the proposed
modification,'and arecommendation made thereon to the City Council.
3. City Council Resolution Required. Modification of an approved Unit
Development Plan~or General Development Plan shall be made only by resolution
of the. City Council. After receipt of a recommendation from the Planning
Commission, the City .Council shall approve or denythe proposed modification.
4. Minor Modification to Approved Unit Development Plan or General
Development Plan. As determined by~the Director, modification which is minor in
nature and clearly inconsequential may be made administratively or, in the
judgment of the Director may be referred to the S+t~ oi-,,, .~.,,~ ~.-,.h;+^,.+„r.,~
R~e~+e - ~^^'^^°++°^ Planning Commission ;for review and approval. Minor
modification.. within a. P.U.D. includes modification to unit architecture and site
design so long as no significant alternation to road alignment is made and no
increase in unit yield. results. Up 'to 20% of the individual dwelling units in
residential P.U.D.'s may be substituted for other previously approved units if the'
resulting substitutions doe not substantially alter the intent of the P.U.D. as
originally approved.
S. Findings... Modification of the P.U.D: Unit Development Plan shall be subject to
the same findings as were required for the original approval of the Pfan.
IVlod'ifications to a P.C.D. General bevelopment Plan shall .require finding. as set
forth in ..Section. 19..030, rather than findings .required prior to May 19, 2008 as
part of'the original P.C. D. approval.
19 070-Changes in the Unit Development Plan or General Development Plan
Changes.in the. Unit Development Plan or General.Developmentflan shall be considered as changes
in the Zoning. Map and shall be made in accordance with the provisions of this Chapter and
Ordinance.
Page ~ 13
Notice of Public Hearing 26 November 2009
Zoning Ordinance Amendment to Recognize P. C.D.s
Environmental'Re~iew: The City Council found that there were no new effects from,the adoption of the
Implementing Zoning Ordinance, in June 2008;~vvh'ieh were not considered in the General Plan 2025 EIR and
therefore, pursuant to 14 California Code of Regulations,{"CEC1A~ Guidelines") §§15162 and/or 15183, no
new environmental review or document was required to comply with CEClA. This. proposed .amendment
offers no new effects other than to recognize fhe existing° zoning designation of P.C.D., therefore no
additional environmental review.was undertaken. -
Hearing Date/Time:. M®nday, .December 7, 2009 at T Pn/I:
Location: City Council Chambers, City Hall, 11 English Street, :Petaluma, California~94952
What Will Happen: You. can comment on the proposed Zoning Ordinance text amendments. The City
Council: will consider all. public (oral ard`vvr'itten) teStim`ony and decide whether to approve, conditionally
approve,.or deny the proposed amendments. -
Efforts will be made to, accommodate.disabilities. The-City Manager's office must be notified at (707) 778-
4345 within 5 days from the date of publication of this notice~if yo'u'need special accommodations.
If You Cannot Attend: You can send ~a letter to the Community, Development Department, 11 English
Street,, Petaluma; CA 9495.2. You.. can also hand deliver it,,prior to the meeting. This meeting and :all City
Council meefings are televised on the Petaluma Community Access Cable Channel 28.
For More Information: You can contact Geoff. Bradley, Planning'Manager, at 707 778-4301. You. can also
come to the Office of the City Clerk to look at the proposed amendment report. -The ,City Clerk 'is located in
City Hall, 11 English Street, Petaluma (open Monday through; Thursday 8 AM to 5 RM). You. can also seethe
proposed amendment report at the Community Development~Department, located at City Hall.
Appeal Process: If.you challenge,;in court the matter described above, you may be limited to raising only
those issues you or someone else raised ;at the public hearing described in this notice, or in written
corr..,espondence delivered at, or prior to,'the above-referenced public hearing {Government Code Section
65009(b)(2)}. Judicial review of an administrative decision of the City Council must be filed with the Court
not later than the 90th day following the.. date of the Council's decision (Code of Civil Procedure .Section
1094.6).
Date~of Notice: 26 November 2009
Page~14
C~ ®'etal, C~1
City Council Chambers
City Hall, 1.1 English Street
Petaluma, CA 94952
Telephone 707/778-4301 /Fax 707/778-4498
E-Mail cdd@ci.petaluma.ca.us
Web Page http://www.ci:petaluma.ca.us
Planning Commission Minutes Excerpt
November 10, 2009 - 06:59
I . ROLL CALL (07:01 PM)
Present; Christopher Arras, Teresa Barrett, Melissa Abercrombie, Dennis Elias, Mariane Hurley, Curtis G.
Johansen, Jennifer Pierre
B. TITLE: Implementing Zoning Ordinance Amendment, Planned Community
District (P.C.C.)
STAFF: Pamela Tuft, Special Projects Manager, DWR&C
Proposed amendment to the Implementing Zoning Ordinance pertaining fo the regulation of properties designated
Planned Community District (P:C.D.). 'The proposed amendment is intended to confirm the existence and legality of
the P.C.D. zoning designation, specifically by amending the following Implementing Zoning Ordinance sections:
4.020, ~~19.010 and 19.040. (08:32 PM)
IZO PCD Amendment Staff Report
IZO Amendement Zoning Map
[ZO Amendment GP Land Use Map
Chair Arras '
Pamela Tuft, Staff
Chair Arras
Ms. Tuft
Chair Arras
Eric Danly, City Attorney
Chair Arras
Commissioner Pierre
Ms. Tuft
Commissioner Elias
Ms. Tuft
Commissioner Elias
Ms: Tuft
Commissioner Pierre
Nis. Tuft
Commissioner Elias
Ms: Tuft
Commissioner Elias
Nis. Tuft
Commissioner Pierre
Ms. Tuft
Uice Mayor Barrett
Commissioner Pierre
Ms. Tuft
Commissioner Pierre '
Ms. Tuft
Chair Arras
Pa~~e X15
Commissioner Elias
Ms. Tuft
.Commissioner Elias
Ms. Tuft
Geoff Bradley, Contract Planning Manager
Commissioner Elias '
Mr. Bradley
Commissioner Elias
Ms. Tuft
Commissioner Elias
Chair Arras
Vice Mayor Barrett
Chair Arras .
Public Comment Opened
Public Comment Closed
Chair Arras '
Mr. Bradley
Chair Arras
Commissioner Pierre
Chair Arras
Mr. Danly
Commissioner Elias '
Motion: Recommend this item for approval by the City Council with modifications to Section 19.040 of the .
Implementing Zoning:Ordinance at staff s discretion to clarify P.C.D. zoning regulations.
Moved by Dennis Elias, seconded by Melissa Abercrombie.
Chair Arras
Vice Mayor Barrett
Chair Arras
Commissioner Pierre
Commissioner Abercrombie
Vote: Motion carried 7-0.
Yes: Curtis G': Johansen; Mariane Hurley; Dennis Elias; Christopher Arras; Teresa Barrett; Melissa
Abercrombie; Jennifer Pierre
Motion:.Approve to Adjourn
Moved by Curfis'G. Johansen, seconded by Dennis Elias.
Vote: Motion carried 7-0.
Yes: Christopher Arras; Teresa Barrett; Melissa Abercrombie; Dennis Elias; Mariane Hurley; Curtis G.
Johansen; Jennifer Pierre
14. ADJOURN For accessible meeting information,
please call (707)~~778-4360 or
TDD (707) 778-44.80-(09:19 PM)
Pale X16
Attachment 4
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EFFECTIyE DATE "
®F ®RI)INAN,C>E
Introduced by
ORDINANCE'OF THE' CITY COUNCIL OF-THE: CITY OF PETALUMA AMENDLNG CHAPTER 19
ENTITLED "P,LANNED UNLT DISTRICTS" OF THE IAAPL'EMENTING ZONING ORDINANCE,
ORDINANCE N0.2300 N:C.S., TO CONFIRM THE EXISTENCE AND LEGALITY OF THE
PLANNED C~ONAMUNITY DISTRICT (P.C.D.) ZONING DESIGNATION
WHEREAS, the Planning .Commission, following a. Public Hearing held on
November 10, ..2009, recbrnmended amendments to the text of the Implementing
Zoning Ordinance No. 2300 N.C.S.; and,
WHEREAS, on December 7, 2009, the City. Council of the City of Petaluma held a
Public Hearing on said recommended amendments and introduced: Ordinance No.
amending the Table of Contents, Table 2-l . Chapter 4 and Chapter 19; and,
FINDINGS
WHEREAS, the City Council of the City of Petafuma~ 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 wifh 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.
NOW, THEREFORE; BE IT ORDAINED BY THE. COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Th_e Table of Contents, on page 4, is hereby amended to include a
reference to Planned Community District and modify the subheadings as set forth
herein.
Section 2.' Table 2-1, on page 10, is hereby amended to include references to
both Planned Unit District and Planned Community District.
ORDINANCE NO. NC.S.
Seconded by
Ordinance No. N.C.S. 1' a ~ e; ~ 17
1 Section'3. :Chapter 4' Zone Districts an_d, Allowable. Land Uses, is hereby
2 amended to add the following:
3
4 4.020 -Purpose of Established Zones
5 Add the following:
6 R .Planned Unit Districts and Planned Community Districts The historic. use of
7 P.U.D.s and P.C:D.s for the development of residential, :,industrial, and commercial
8 properties in various zones in which the underlying P..U:D. and/or P.G.D. uses are
9 permitted is hereby recognized. Non-residential P.G..Da: in existence as of May 19, 2008,
10 and residential P:U.D.s are- recognized to be consistent with the. intent of these
11 regulations by the establishment of their individual. ,gnd. respective P.U.D. and P:C.D.
12 standards. Development and redevelopmenf of` lands within P.U.D.s and P.C.D.s,
13 including modification of P,.C.D.s and/or addition ofi lahd to P.G.D.s, shall be in
14 accordance with the individual_adopted standards:for said P.U.D. or P.C.D. and other
15 a~plicdble 'zoning standards not otherwise modified by fhe, P.U.D. or P.C.D. adopted
16 standards.. The creation .and modification of P.UDa; an`d the modification and/or
17 addition of land to P.G:Da ~existinq as of Nlay 19; 2008; is regulated. by Chapter 19
18 herein. The creation of wholly new P.C.D.s, or the addition of land to a P.C.D. where
19 the expansion. area is not immediately adjacent, is not permitted by this Ordinance.
20
21 Section 4. Chapter 19 Planned Unit District,. is hereby amended as follows:
22
23 Chapter 19 Planned Unit'District and Planned CommunityDistrict
24 19.010 -Purpose
25 Add following paragraph:
26 The P C.D. Planned Community""District, was on iq Wally designed to allow non-residential
27 development with a mixture of uses .or unusual. building density or layout, or with design
28 characteristics which would .not normally be permitted in ~ a single commercial or
29 industrial zoning district and which would achieve:: unqu' e and innovative community
30 design superior- to that which. would. otherwise be allowed by applicable,stdndards, as
31 well as to provide long range plannin fq or large tracts of land at the developing fringe
32 of the City's urban area. Development was allowed in accordance with adopted
33 reaulations applicable to each individual P.C.D. The creation of new P.C.D.s is~ no
34 longer permitted bUt the historic use .and continued.. growth and evolution of P.C.D.s,
35 existing as gf May 19, 2008, is supported by fhese-~reaulations.
36
37 19.030 =:Findings
38 Modify as foNows.
3.9 The- Unit Development Plan,: or modification of a P.C.D. General :Development Plan,. as
40 defined herein, ..may b`e approved by the City Council upon recommendation of the
41 Planning Commission. In recommending the approval, or modification, of said Plan, the
42 Commission must find that said Plan, or modification thereof, clearly results in a more
43 desirable .use of land and a better physical environment than would be possible under
44 any single zoning district or combing"lion of zoning districts, and in additional to such
45 general, finds, fhe Planning Commission and City Council shall .make the following
46 specifiefindings: ~ `
47 A. Th'a# -any 'P.U:D: 4, or modification of a P.C.D., is proposed. on property
48 which has a suitable relationship to 'one (1) or more thoroughfares, and that said
Ordinance No, N.C.S. P tt ~ e ~ 18
1 thoroughfares are adequate to carry any additional traffic generated by the
2 development.
3 B. That the plan, or modification thereof, for .fhe~ proposed development presents a
4 unified and organized arrangement -of buildings and service facilities which are
5 appropriate in relation to adjacent or nearby properties and that adequate
6 landscaping and/or screening'is included if necessary to insure compatibility.
7 C. That the natural and scenic qualities of° the site are protected, with adequate
8 available public and private spaces. designated on the Unit Development Plan or
9 General Development Plan. -
10
11 19.040 -P.U.D. 9is#ic~and'PcC:D. Procedures
12 Modify as follows:
13 A P.U.D.4, as set forth in this Chapter, may be established and a P.C.D. may be
14 modified, as follows and in compliance with Chapter 25. ~If~any conflict exists between
15 this Chapter and. Chapter-25, this~Chapter shall prevail.
16 A. Planning Cornrr~isson Action. Following a public hearing, and upon making the
17 required findings, the Planning Commission shall make. a recommendation to the City
18 Council for approval or modified approva( of a proposed P:U.D. District and/or P.C.D
19 amendment, and shall recommend that the City Council approved the Unit
20 Development Plan or Generaf Development Plan as submitted or as modified. Such
21 recommendation and a copy of the recommended Unit Development Plan or General
22 Development Plan shall be forwarded to the Gity Council.;for its consideration.
23 B. City Council Action. Following its hearing, fhe City Council may adopt an
24 amendment to the Zoning Ordinance establishing a P.U.D. B~#r+Et, or modifying a
25 P.C.D., may deny the proposed amendment, or may adopt°the proposed amendment
26 with modifications.
27 C. Adoption of P.U.D. si3#fic~ or P.C.D. Amendment: AT the time of adoption of a
28 P.U.D. District or P.C.D. amendment, the City Council shall approve, by resolution, the
29 Unit Development Plan or General ':Development- Plan. amendment.; which resolution as
30 adopted or as may be thereafter modified, in~ accordance- with this section, shall
31 establish the regulations for said P:U:D. n'or P.C:D: and shall. become part thereof.
32 Upon .the adoption of a P.U.D.. n'or P.C:D. amendment, and approval of the Unit
33 Development ,Plan or General Development Plan . amendment, the proposals and
34 standards of said plan shall become the' official development policy of the City of
35 Petaluma within fhe boundaries of the P.U.D. s+s~ic-for P:C:D.
36 D. Development in a Planned Unit e~District or Planned. Community
37 bistrict. .Following the. adoption of fhe P.U:D: r;~~or, P.C.D. arriendment and the
38 approval. of the U;nit~Development Plan or General ,Development Plan, all development
39 within .the District~shall be in conformity with the said adopted Unit Development Plan or
40 such modifica.ti.ons therefo as may have been approved.
41 E. Modifications ofthe. P.U.D. Unit Development Plan or P:C.D. General'Development
42 Plan. From tirrie.to time,. it may; be necessary~and`desirable t,o modify the approved
43 Unit Development .Plan or General Development Plan. Modifications of such a-plans
44 may .be: initigted ~by the City Council, the Planning Commission, or by the property
45 owner, his authorized agent or developer.
46 1;: 'Requests for -Modifications. Requests for modifications shall be submitted to the
47 Community Development Director in written form and shall be accompanied by such
Ordinance No. N.C.S. ~ P a ~ e ~ 19
1 additional maps, statements; or other information ~as may be required to support the
2 proposed modification.
3 2. Public Hearing: If the proposed modification involves an addition ~of a new use
4 or group of 'uses not shown on th:e original Unit Development Plan or General
5 Development_ Plan, of if the Community Devel'o.prrment Director for any other reason
6 deems it. necessary, a public hearing shall be held on fhe proposed modification, and a
7 .recommendation made fhereo,n'to the City Council.
8 3: City Council Resolution Required. Modification of an approved Unit
9 Development Plan or General Development 'Plan shall be made only by resolution, of
10 the City Council. After 'receipt of a recommendation from the Planning Commission,
11 the City Council shall approve-or deny the proposed modification.
12 4. Minor Modification to Approved Unit Development~Plan or General Development
13 Plan. As defermined by the Director, modification which is minor in nature and clearly
14 inconsequential may be made administratively or, in the judgment of the Director may
15 be referred to the S~+o oi~r ~n~ ~ Y,.hi+o,.+~ ,~~~ IJo~,io~er (^~rv;mi++oo Planning Commission
16 for review and approval. Minor modification within a P.U.D. includes modification to
17 unit architecture and site design so long as no significant `alter.hation to road alignment
18 is made and no increase in vriit yield results. Up to 20% of the individual. dwelling units in
19 residential P.U.D.'s may be substituted for other previously approved units if the resulting
20 substitutions doe not substantially alter the intent of the P.U.D.. as originally approved.
21 5. Findings. Modification of the P.U:D. Unit Development Plan shall be subject to
22 the same findings as were required for the original approval of the Plan. Modifications
23 to a P.C.D. General Development Plan shall requirefindings as set forth in Section
24 19 030 rather than findings regui~ed prior to May 19,..2008 as part of the original P.C. D.
25 approval.
26
27 19.070 -Changes in the-Unit Development Plan or General .Development Plan
28 Modify as follows: ,
29 Changes in the Unit Development Plan or General Development Plan shall be
30 considered as changes in the Zoning Map and shall be made in accordance with the
31 provisions of this Chapter and Ordinance.
32
33 Section 5. The. City Council finds that adoption. of this ordinance is exempt from
34 the California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b){3) (no
35 possibility thaf the ..activity may have a significant impact on the environment) and
36 15060(;c;) (3) :(the activity' is not a project as defined in Section l 5378'). of the CEQA
37 Guidelir'es (Title 14; Chapter 3 of the California Code of Regulations).
38
39 Section 6. If dny section, subsection, sentence, clause, phrase or word of this
40 ordinance is for any reason held to be unconstitutional; unlawful or otherwise invalid by
41 a court. of :competent jurisdiction or preempted by state legislation, such decision or
~42 legislation shall `not affect the validity of the remaining portions of this ordinance.. The
43 City CounciC'of the City of Petaluma hereby declares that it would have passed and
44 adopted this ordinance and each and all provisions thereof irrespective of the fact that
45 any one or more of said. provisions be decldred unconstitutional, unlawful or otherwise
46 invalid.
47
Ordinance No. N.C.S. Page ~ 20
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Section 7. •This ordinance shalt become effective. thirty (30) days after the date of
its-adoption by'th•e Petaluma City Council.
Section 8. The City Clerk. is hereby •directed to publish or post this ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other
applicable law.
INTRODUCED and order posted/published this 7th day of December, 2009.
ADOPTED this day of December, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
P.dmela Torliatt, Mayor
ATTEST: APPROVED AS TO FORM:
Claire, Cooper, City Clerk Eric Danly, City Attorney
Ordinance No. N.C.S.
- 1'a~~.e X21