HomeMy WebLinkAboutStaff Report 3.B 7/1/2013 Age Itenw #3 .3
EFFECTIVE DATE ORDINANCE NO. 2470 N.C.S.
OF ORDINANCE
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8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING
9 AN AMENDED SMARTCODE AND REPEALING ORDINANCE NO. 2152 N.C.S.
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12 WHEREAS, the City Council of the City of Petaluma by Resolution 2009-146 N.C.S.
13 endorsed the filing of an application for a grant from the Metropolitan Transportation
14 Commission and the Association of Bay Area Governments' Station Area Planning Program; and
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16 WHEREAS, at the City Council goal setting session on January 23, 2010, one of the goals
17 established by the City Council was to implement the Central Petaluma Specific Plan and
18 maximize the potential for transit-oriented development; and
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20 WHEREAS, the City of Petaluma executed an agreement with the Metropolitan
21 Transportation Commission in November 2010 to develop a station area master plan and related
22 amendments to the City's SmartCode, which prescribes zoning standards for the Central
23 Petaluma Specific Plan ("CPSP") area; and
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25 WHEREAS, The SmartCode prescribes zoning standards for the Central Petaluma
26 Specific Plan ("CPSP") area and Petaluma's two planned.SMART station areas and the City has
27 determined that certain amendments to the City of Petaluma SmartCode are required to
28 implement the Station Area Master Plan and to correct several outdated sections of the
29 SmartCode.. The amended SmartCode containing said amendments is set forth in Exhibit A to
30 this Ordinance and incorporated herein by reference (the "Amended SmartCode").
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32 WHEREAS, on December 6, 2010 the City Council appointed a 17-member Citizen's
33 Advisory Committee for the Station Area Planning Process; and
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35 WHEREAS, City staff, its consultant team and the Citizen's Advisory Committee, with input
36 from all affected stakeholders, developed the Petaluma SMART Rail Station Areas: TOD Master
37 Plan, Final Draft dated January 2013 ("Master Plan") and the Amended SmartCode; and
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39 WHEREAS, the Citizen's Advisory Committee at its February 21, 2013 meeting
40 recommended that the Planning Commission forward a recommendation to the City Council to
41 adopt the Master Plan and Amended SmartCode; and
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Ordinance No. 2470 N.C.S. Page 1
1 WHEREAS, on March 26, 2013, the Planning Commission considered the Master Plan and
2 Amended SmartCode at a duly noticed public hearing and unanimously recommended that
3 the City Council adopt the Master Plan and Amended SmartCode; and
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5 WHEREAS, the Master Plan and the Amended SmartCode are collectively referred to as
6 "the project;" and
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8 WHEREAS, on June 17, 2013, the City Council approved an Initial Study and Mitigated
9 Negative Declaration (MND) for the project in full compliance with the California Environmental
10 Quality Act (CEQA); and
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12 WHEREAS, on May 6, 2013, the City Council held a properly noticed public hearing, and
13 considered all public comments on the project and continued the hearing to June 17, 2013; and
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15 WHEREAS, on June 17, 2013, the City Council held a properly noticed public hearing, and
16 considered all public comments on the project; and
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18 WHEREAS, on June 17, 2003, in accordance with all applicable State and local law, the
19 City Council adopted the Master Plan.
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21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
22 FOLLOWS:
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24 Section 1. Findings.
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26 a. The above recitals are true and correct and are adopted as findings of the City
27 Council.
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29 b. The SmartCode attached hereto as Exhibit A and incorporated herein by
30 reference (Amended SmartCode") is in general conformity with the Petaluma General
31 Plan 2025 and the Central Petaluma Specific Plan ("CPSP") because the amendments
32 are expected to encourage new transit-oriented development, promote a range of
33 housing types, promote job growth, and assist in the preservation of historic structures,
34 thereby contributing to the City of Petaluma's economic base, yielding net fiscal
35 benefits and strengthening the vitality and diversity of the community.
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37 c. The public necessity, convenience, and general welfare clearly permit the
38 adoption of the Amended SmartCode because the Amended SmartCode reinstates
39 parking requirements appropriate to the CPSP and implements the Petaluma SMART
40 Rail Station Areas: TOD Master Plan ("Master Plan"), which in turn:
41 (i) Allows the City to plan for growth in an orderly manner and to carry out
42 policies of the General Plan 2025 and the Central Petaluma Specific Plan which
43 encourage development supportive of alternative transportation, contribute to
44 the vitality of the downtown and Corona Road Station areas, improve
45 connection and accessibility from the existing downtown depot to Petaluma's
46 historic downtown, and create opportunities for eventual transit-sensitive
47 development on the City's north side.
48 (ii) Furthers an interconnected multimodal transportation system to improve
49 traffic circulation, lessen automobile dependence and lessen traffic congestion.
50 (iii) Will encourage provision of a wide range of housing choices, including
51 urban units and apartments associated with and convenient to future SMART rail
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Ordinance No. 2470 N.C.S. Page 2
1 (iv) By encouraging residential and business development adjacent to rail
2 transportation and improving multimodal accessibility and circulation within the
3 City, will further the City's efforts to reduce greenhouse gas emissions.
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5 Section 2. Adoption. The City Council hereby adopts the Amended SmartCode: provided,
6 however, that notwithstanding anything to the contrary in the Amended SmartCode, Section 4
7 of the Amended SmartCode, entitled Urban Standards, will not apply to applications for projects
8 within the Central Petaluma Specific Plan area that are subject to the Subdivision Map Act
9 (California Government Code §66410 and following) and that are complete pursuant to the
10 Subdivision Map Act prior to the effective date of the Amended Smart Code, until the earlier of:
11 six (6) years following the effective date of the Amended SmartCode, or until all buildings of such
12 projects that require certificates of occupancy are completed and issued certificates of
13 occupancy. All other applications for projects':within the Central Petaluma Specific Plan will be
14 subject to all provisions in the Amended SmartCode upon the effective date of the Amended
15 SmartCode, subject to applicable law.
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17 Section 3. Repeal. The City Council hereby repeals Ordinance No. 2152 N.C.S., effective
18 upon the effective date of this ordinance.
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20 Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this
21 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
22 of 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.
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28 Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the
29 date of its adoption by the Petaluma City Council.
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31 Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post
32 this ordinance or a synopsis for the period and in the manner provided by the City Charter and
33 other applicable law.
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35 INTRODUCED and order posted/published this 17th day of June, 2013.
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37 ADOPTED this day of , 2013 by the following vote:
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39 Ayes:
40 Noes:
41 Abstain:
42 Absent:
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49 David Glass, Mayor
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4 ATTEST: APPROVED AS TO FORM:
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8 Claire Cooper, City Clerk Eric W. Danly, City Attorney
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