HomeMy WebLinkAboutOrdinance 2360 N.C.S. 12/21/2009EFFECTIVE DATE
OF ORDINANCE
January 21, 2010
Introduced by
David Babbitt
ORDINANCE NO. 2360 N.C.S.
Seconded by
Teresa Barrett
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 19
ENTITLED "PLANNED UNIT DISTRICTS" OF THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE NO. 2300 N.C.S., TO CONFIRM THE EXISTENCE AND LEGALITY OF THE
PLANNED COMMUNITY DISTRICT (P.C.D.) ZONING DESIGNATION
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-l .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 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. 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-l, on page 10, is hereby amended to include references to both
Planned Unit District and Planned Community District.
Section 3. Chapter 4 Zone Districts and Allowable Land Uses, is hereby amended to
add the following:
Ordinance No. 2360 N.C.S. Page 1
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 recognized.
Non-residential P C D s in existence as of May 19 2008 and residential P.U.D.s 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 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 no~ermitted by this Ordinance.
Section 4. Chapter 19 Planned Unit District, is hereby amended as follows:
Chapter 19 Planned Unit District and Planned Community District
19.010 -Purpose
Add following paragraph:
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 in a single commercial or industrial zoning
district and which would achieve unique and innovative community design superior to that
which would otherwise be allowed by applicable standards as well as to provide long range
planning for large tracts of land 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 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 by these regulations.
19.030 -Findings
Modify as follows:
The Unit Development Plan, or modification of a P.C.D. General Development Plan, as defined
herein, may be approved by the City Council upon recommendation of the Planning
Commission. In recommending the approval, or modification, of said Plan, the Commission must
find that said Plan, 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. 9istr+c-#, 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 any additional traffic generated by the development.
Ordinance No. 2360 N.C.S. Page 2
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. Bistrict-and P.C.D. Procedures
Modify as follows:
A P.U.D. ~+sTric-t, 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. Bistr+~t, 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. 9istric~ 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. 9istric--# or P.C.D. and shalt become part thereof. Upon the adoption of a P.U.D.
Bistri~t 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. Bistr+c-t or
P.C.D.
D. Development in a Planned Unit District or Planned Community District.
Following the adoption of the P.U.D. 9is#r+Et 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 adopted 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 Plan.
From time to time, it may be necessary and desirable to modify the approved Unit Development
Plan or General Development Plan. Modifications of such e plans may be initiated by the City
Council, the Planning Commission, or by the property owner, his authorized agent or developer.
Ordinance ado. 2360 N.C.S. Page 3
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 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 S+t~ P!^^ r^~ ~r~hi~oi^4, irrrl I7o„;o,~, (~~mmi+too 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.
General Development Plan 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.
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 6. If any 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
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Ordinance No. 2360 N.C.S. Page 4
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
36
37
38
Section 7. This ordinance shall become effective thirty (30) days after the date of its
adoption by the 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 ordered posted/e~ this 7'h day of December, 2009.
ADOPTED this 215 day of December, 2009 by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
Pamela Torliatt, Mayor
ATTEST:
~ ~~~
Claire Cooper, City Clerk
Ordinance No. 2360 N.C.S.
Page S
Eric Danly, City Attorney