Loading...
HomeMy WebLinkAboutPlanning Commission Resolution 2015-12 08/11/2015RESOLUTION NO. 2015-12 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE CHAPTER 11, SECTION 11.030 — OFF-STREET PARKING — GENERAL REGULATIONS TO CLARIFY EXCEPTIONS WHERE AN EXISTING SINGLE FAMILY DWELLING IS PROPOSED TO BE ENLARGED IN EXCESS OF TEN PERCENT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on May 19, 2008 the City Council adopted the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. repealing the previous Zoning Ordinance, Ordinance No. 1072; and, WHEREAS, clarification of the applicability of parking requirements is needed in instances where an existing single-family dwelling is proposed to be enlarged in excess of ten percent; and, WHEREAS, in order to clarify the parking requirements in instances where an existing single family dwelling is proposed to be enlarged in excess of ten percent staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 11, Section 11.030 - Off -Street Parking - General Regulations; and, WHEREAS, on July 30, 2015, public notice of the August 11, 2015 Planning Commission meeting to consider the amendments was published in the Argus -Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 11: Parking and Loading Facilities, Off- Street in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that it supports using land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses and preserving the overall scale and character of established residential neighborhoods. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they clarify the intent of the Zoning Ordinance with respect to parking requirements in instances where existing single-family dwellings are proposed to be expanded by more than ten percent in size. 3. The proposed amendments are hereby referred to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the Implementing Zoning Ordinance, Planning Commission Resolution No. 2015-12 Page 1 4. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. ADOPTED this 11 th day of August, 2015, by the following vote: Commission Member Aye No Absent Abstain Councilmember Barrett X Vice Chair Benedetti-Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X ry Jocel In Lin, Chd r t� ATTEST: APPROVED AS TO FORM: / 3 i e H ather Hines, Co ission Secretary Andrea Visveshwara, Assistant City Attorney Planning Commission Resolution No. 2015-12 Page 2 Exhibit A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 11, SECTION 11.030 - OFF-STREET PARKING - GENERAL REGULATIONS TO CLARIFY EXCEPTIONS WHERE AN EXISTING SINGLE FAMILY DWELLING IS PROPOSED TO BE ENLARGED IN EXCESS OF TEN PERCENT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on May 19, 2008 the City Council adopted the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. repealing the previous Zoning Ordinance, Ordinance No. 1072; and, WHEREAS, clarification of the applicability of parking requirements is needed in instances where an existing single-family dwelling is proposed to be enlarged in excess of ten percent; and, WHEREAS, in order to clarify the parking requirements in instances where an existing single family dwelling is proposed to be enlarged in excess of ten percent staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 11, Section 11.030 - Off -Street Parking - General Regulations; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015-12, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 11: Parking and Loading Facilities, Off- Street in Exhibit A are in general conformity Planning Commission Resolution No. 2015-12 Page 3 with the Petaluma General Plan 2025 in that it supports using land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses and preserving the overall scale and character of established residential neighborhoods. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they clarify the intent of the Zoning Ordinance with respect to parking requirements in instances where existing single-family dwellings are proposed to be expanded by more than ten percent in size. 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. Section 2. Section 11.030.A of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: A. Off -Street Parking. There shall be provided on the same site with any use off-street parking, spaces for automobiles and bicycles in accordance with the requirements of this Chapter, or as provided in Section 11.040 (Alternatives to On -Site Parking). In all cases where bicycle parking is required, bicycle parking shall not be more inconveniently located than car parking and attempts should be made to have bicycle parking more convenient. All deviations from the City of Petaluma Municipal Code or the City of Petaluma Zoning Ordinance regarding bicycle parking shall be routed through the PBAC. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten percent (10%), in any zone except agricultural or a single family dwelling unit in any zone except as provided in Table 11.1 for addition of new bedrooms, off-street parking shall be provided as required herein for the entire floor area of the structure. Section 3. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 4. Severability. 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. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting/Publishing of Notice. 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 other applicable law. Planning Commission Resolution No. 2015-12 Page 4