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HomeMy WebLinkAboutPlanning Commission Resolution 2015-10 08/11/2015RESOLUTION NO. 2015-10 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE CHAPTER 4, SECTION 4.030 — ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28 — GLOSSARY AND AMENDING THE SMARTCODE, ORDINANCE NO. 2470 N.C.S. SECTION 3.10.030 — PERMIT REQUIREMENTS FOR ALLOWABLE USES AND SECTION 9 — GLOSSARY TO ADDRESS CONSISTENCY WITH THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) 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, the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et seq. (RLUIPA) was signed into law and became effective on September 22, 2000; and, WHEREAS, RLUIPA states that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on the assembly, or institution is a furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; and, WHEREAS, in order to bring local regulations into compliance with RLUIPA, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary and the SmartCode Section 3.10.020 - Permit Requirements for Allowable Uses; 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 provisions amending the IZO, Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary and the SmartCode, Section 3.10.030 - Permit Requirements for Allowable Uses, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the General Plan 2025 and the Central Petaluma Specific Plan. In particular, Goal 1-G-1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community." Planning Commission Resolution No. 2015-10 Page 1 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). 3. The proposed amendments, attached hereto as Exhibit A, 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. 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 and SmartCode that do not result in significant changes in allowable land use or density. ADOPTED this l 1th 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 Jocelyn Lin, Chair ATTEST: APPROVED AS TO FORM: r i arm H ather Hines, 7,6mmission Secretary Andrea Visveshwara, Assistant City Attorney Planning Commission Resolution No. 2015-10 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 4, SECTION 4.030 - ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28 - GLOSSARY AND AMENDING THE SMARTCODE, ORDINANCE NO. 2470 N.C.S. SECTION 3.10.030 - PERMIT REQUIREMENTS FOR ALLOWABLE USES AND SECTION 9 - GLOSSARY TO ADDRESS CONSISTENCY WITH THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) 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, the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et seq. (RLUIPA) was signed into law and became effective on September 22, 2000; and, WHEREAS, RLUIPA states that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on the assembly, or institution is a furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; and, WHEREAS, in order to bring local regulations into compliance with RLUIPA, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary; 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. 2015-10, 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 and SmartCode 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, Planning Commission Resolution No. 2015-10 Page 3 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: The provisions amending the IZO, Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary and the SmartCode, Section 3.10.030 - Permit Requirements for Allowable Uses, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the General Plan 2025 and the Central Petaluma Specific Plan. In particular, Goal 1-G-1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community." 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). 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 and SmartCode that do not result in significant changes in allowable land use or density. Section 2. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Club, Lodge, Private Meeting Hall" is hereby repealed. Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Religious Facility" is hereby repealed. Section 4. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Community Meeting Facility" is hereby added to read as follows: Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following. 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations civic, social and fraternal organizations labor unions and similar organizations political organizations professional membership organizations other membership organizations 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the Implementing Zoning Ordinance and identified in Tables 4.1 through 4.5, which may be maintained by religious organizations, such as Planning Commission Resolution No. 2015-10 Page 4 full-time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Tables 4.1 through 4.5 of the Implementing Zoning Ordinance. Section 5. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.1, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Natural and Rural Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility — CUP CUP CUP Commercial recreation - Indoor — — — — Commercial recreation - Outdoor — — — — Golf course, country club CUP — — — Park P P P P School - Elementary, secondary, or college, private — CUP CUP CUP Section 6. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.2, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Residential Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility CUP CUP CUP CUP Golf course, country club — — — — Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP Section 7. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.3, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Planning Commission Resolution No. 2015-10 Page 5 Mixed Use Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CuP — CUP Chapter 9 Community Meeting Facility CUP CUP CUP CUP Commercial recreation - Indoor CUP CUP — P(6) Fitness/health facility P P — P Library, museum, art gallery P P — P Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP School - Specialized Education and Training CUP CUP — CUP Studio - Art, dance, martial arts, music, etc. P P — P Theater, cinema or preforming arts CUP CUP — CUP Theater District Ord. 2158 Section 8. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.4, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Commercial, Business Park, and Industrial Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP CUP — Chapter 9 Community Meeting Facility P P CUP CUP Commercial recreation - Indoor — CUP CUP — Commercial recreation -Outdoor — CUP — — Conference/convention facility — — CUP — Fitness/health facility P P P CUP Park P P P P School - Elementary, secondary, or college, rivate — — CUP — School -Specialized Education and Training P(6) P(6) CUP — Sports and entertainment assembly — — — — Studio - Art, dance, martial arts, music, etc. P P P — Planning Commission Resolution No, 2015-10 Page 6 Section 9. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.5, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Civic Facility Zone P(16) Permitted Use TABLE 4.5 CUP Conditional Use Permit Required S Permit Requirement in Specific Use Allowed Land Uses and Permit Requirements for Regulations Civic Facility Zone A Accessory Use — Use Not Allowed Permit Required by Zone Specific Use CF LAND USE TYPE 1 Regulations RECREATION, EDUCATION & PUBLIC ASSEMBLY Park P Community Meeting Facility CUP School - Elementary, secondary, or college, private CUP Theater, cinema or preforming arts CUP Theater District Ord, 2158 NCS Section 10. 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 11. Section 3.10.030, Permit Requirements for Allowable Uses, Table 3.1, SmartCode Ordinance No. 2470 N.C.S., is hereby amended to read as follows: Community meeting facility !_10,000 sf CUP P MUP2 MUP - - - CUP >10,000 sf CUP CUP CUP CUP - - - CUP School - Specialized education/training _!10,000 sf CUP P MUP2 MUP - - - CUP >10,000 sf CUP CUP CUP CUP - - - CUP Section 12. Section 9, Glossary, SmartCode Ordinance No. 2470 N.C.S., definition of Community Meeting Facility is hereby amended to read as follows: Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following: 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations civic, social and fraternal organizations labor unions and similar organizations political organizations professional membership organizations other membership organizations Planning Commission Resolution No. 2015-10 Page 7 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the SmartCode and identified in Table 3.1, which may be maintained by religious organizations, such as full-time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Table 3.1 of the SmartCode. Section 13. Except as amended herein, the City of Petaluma SmartCode, Ordinance No, 2470 N.C.S. remains unchanged and in full force and effect. Section 14. 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 15. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 16. 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. 2015-10 Page 8