HomeMy WebLinkAboutStaff Report 3.B 12/21/2009m
®ecet~ber 2 ~ , 2009
EFFECTIVE DATE
OF OI2~INANCE
Introduced by
Introduced by
ORDINANCE NO. 2356 N.C.S.
Seconded by
Seconded by
12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETA'LUMA AMENDING CHAPTER 19
13 ENTITLED "PLANNED UNIT DISTRICTS" OF THE IMPLEMENTING ZONING ORDINANCE,
14 ORDINANCE NO. 2300 N.C.S., TO CONFIRM THE EXISTENCE AND LEGALITY OF THE
15 PLANNED COMMUNITY. DISTRICT (P.C.D:) ZONING DESIGNATION
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WHEREAS, the Planning Commission, following a Public Hearing held on November 10,
2009, recommended 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. 2356 N.C.S.
amending the Table of Contents, Table 2-1. Chapter 4 and Chapter 19; 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 dny applicable plans, and
thaf 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. The 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. 2356 N.C.S. Page 1
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Section 3. Chapter 4 Zone Districts and Allowable Land Uses, is hereby amended to
add the following:
4.020 -Purpose of Established Zones
Add the following:
R. Planned Unit Districts and Planned Community Districts The historic use of P.U.D.s
and P C D.s for the development of .residential, industrial, and commercial properties in various
zones in which the underlying P.U:D. and/or P.C.D: uses are' permitted is hereby reco_ nip zed.
Non-residential P.C.D.s in existence as of .May 19, 2008, a'nd residential P.U.D.s are recognized fo
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 drill. 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 to P.C.D.s, 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.D.s, and the modification and/or addition of land to
P C.D.s existing as of May 19 2008 is regulated by Chapter 19 herein. The creation of wholly
new P C.D.s or the addition .of land to a P.C.D. where the expansion area is not immediately
adjacent, is not permitted by this Ordiridnce.
Section 4. Chapter 19 Planried Unit District, is hereby amended as follows:
Chapter 19 Planned Unit District.and Planned Community District
19.010 -Purpose
Add following paragraph:
Th
signed
development with a mixture of uses ~or unusual building density or layout, or with design
characteristics which would not normally be permitted in a single: commercial or industrial zoning
district and which would achieve unidue and innovative community design superior to that
which would otherwise be allowed by applicable standards, as well as to provide long range
nlannina for large tracts of land a"t the.developina fringe of the City's. urban area. Development
wryc nllnwad in n~r`nrrlanc-P with adantecJ regulatians annlieable to each individual P.C.D. The
creation of new P.C.D.s is no longer permitted but .the historic use and continued Growth and
evolution of P.C.D.s existing. as of May 19, 2008, is supported bythese regulations.
19.030 -.Findings
Modify as follows:
The Unit Development Plan,. or modification of d P.C.D.. General .Development Plan, as defined
herein, may be approved by the City Council upon recommendation of the Planning
Commission. In ~ecomrnending, the approval, or modification,. of said Plan, the Commission must
find that said Plan, or rnod'ification thereof, clearly resulfs 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.:
Ordinance No. 2356 N.C.S. Page 2
1 ` ,A. That any P.U:D. 9i~t~iEt, or modification of a P.C.D., is proposed on property which has a
2 suitable relationship. to one (1) or more thoroughfares, and that said thoroughfares are
3 adequate to carry any additional traffic generated by the development.
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5 B. That the plan, or modification thereof, for the proposed development presents a unified
6 and organized arrangement of buildings and service facilities which are appropriate in relation
7 to adjacent or nearby properties acid that adequate landscaping and/or screening is included
8 if necessary to insure compatibility.
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10 C. That the natural and scenic qualities of the site are protected, with adequate available
11 public acid private spaces. designated on the Unit Development Plan or General Development
12 Plan. `
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14 19.040 -P.U.D. Bi~iEt-and P.C.D. Procedures
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16 Modify as follows:
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18 A P.U.D. 9+s#~ic-t, as set forth in this Chapter, may be established and. a P.C.D. may be modified,
19 as follows and in compliance with Chapter 25. If an,y conflict exists between this Chapter and
20 Chapter 25, this Chapter shall prevail.
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22 A. Planning Commission Action. Following a public hearing, and upon making the required
23 findings, the Planning Commission shall make a recommendation to the City Council for
24 approval or modified approval of a proposed P.U.D. District and/or P.C.D amendment, and shall
25 recommend that the City Council approved the Unit Development Plan or General
26 Development Plan as submif`ted or as modified. Such recommendation and a copy of the
27 recommended Unit Development Plan or General Development Plan shrill be forwarded to the
28 City Council for its consideration.
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30 B. City Council Action. Following its hearing, the City Council may adopt an amendment
31 to the Zoning Ordinance establishing a P.U.D. Bis-triE~; or modifYing a P.C.D., may deny the
32 proposed amendment, or may adopt the proposed amendment with modifications.
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34 C. Adoption of P.U.D. # or P.C.D. Amendment: AT the time of adoption of a P.U.D.
35 District or P.C.D. amendment, the City Council shall approve, by resolution, the Unit
36 Development Plan or General Development Plan amendment; which resolution as adopted or
37 as may be thereafter modified, in accordance with this section, shall establish the regulations for
38 said P.U.D. B+s#iC~ or P.C.D. and shall become part thereof.. Upon the adoption of a P.U.D.
39 8is#r+ot or P:C.D. amendment, and approval. of the Unit Development Plan or General
40 Development. Plan amendment,. the proposals and standards of said. plan shall become the
41 official development- policy of the City of Petaluma within the boundaries of the P.U.D. 9i~ic-t or
42 P.C.D.
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44 D. Development in a~ Plarined Unit 9e~# District or Planned Community District.
45 Following the .adoption of the P.U.D. Bi~tr+E~ or P.C.D., amendment and the approval. of the Unit
46 Development Plan or'Generdl Development Plan, all development within the District shall be in
47 conformity with the said adopted Unit Development Plan or such modifications thereto as may
48 have .been approved..
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50 E. Modifications of-'the P.U.D. Unit Development .Plan or ,P..C:D: General Development Plan.
51 From time `fo time, it' may be .necessary and desirable to modify the approved Unit Development
Ordinance No. 2356 N.C.S. Page 3
Plan or General Development P-Ian. Modifications of such a plans may be initiated by the City
Council, the Pldnning 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 writteh 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 a recommendation 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 deny the 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 ~ 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.
5. 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 Plan. Modifications to a P.C.D.
Gerieral Development Plan shall require findings 'as set forth. in Section 19.030 rather than
findings reauired 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
Modify as follows:
Changes in the Unit Development Plan or General Development Plan shall be considered as
changes in the Zoning Map and shall be made in accordance with the provisions of this Chapter
and Ordinance.
Section 5. The City Council finds that adoption of this ordinance is exempt from the
California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility
that the activity may have. a significant impact on the environment) and 15060(c) (3) (the
activity is not a' project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3
of the California Code of Regulations).
Section b: If ahy.section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held` to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction. or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
Ordinance No. 2356 N.C.S. Page 4
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and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or ofherwise invalid.
Section 7. .This ordihance shall become effective. thirty (30) days after the date of its
adoption by the Petdluma 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 arid any other applicable law.
INTRODUCED and order posted/published this 7th day of December, 2009.
ADOPTED this day of
2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Pamela Tbrliatt, Mayor
ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM:
Eric Danly, City Attorney
Ordinance No. 2356 N.C.S.
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