HomeMy WebLinkAboutPlanning Commission Resolution 2015-11 08/11/2015RESOLUTION NO. 2015-11
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING
ORDINANCE CHAPTER 10, SECTION 10.020 — DEFINITIONS TO ADDRESS CONSISTENCY
WITH ASSEMBLY BILL 1147 THE MASSAGE THERAPY ACT
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 October 17, 2013 the City Council adopted Ordinance No. 2473 N.C.S. adding
Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of Petaluma
Municipal Code; and,
WHEREAS, the Massage Therapy Act was signed into law on September 18, 2014 and
became effective on January 1, 2015; and,
WHEREAS, in order to bring local regulations into compliance with the Massage Therapy Act
staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 10,
Section 10.020 - Definitions; 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:
The proposed amendments to the City's Implementing Zoning Ordinance Chapter
10: Adult Oriented Business contained in Exhibit A are in general conformity with the
Petaluma General Plan 2025. 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 Massage Therapy Act.
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
Planning Commission Resolution No. 2015-11 Page 1
modifications to the Implementing Zoning Ordinance and SmartCode that do not
result in significant changes in allowable land use or density.
ADOPTED this 11th 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
ATTEST:
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lather Hines, remission Secretary
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Jqc lyn Lin, C air
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APPROVED AS TO FORM:
f
X
Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2015-11 Page 2
Exhibit A
DRAFT
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S.
CHAPTER 10, SECTION 10.020 - DEFINITIONS TO ADDRESS CONSISTENCY WITH
ASSEMBLY BILL 1147 THE MASSAGE THERAPY ACT
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 October 17, 2013 the City Council adopted Ordinance No. 2473 N.C.S. adding
Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of Petaluma
Municipal Code; and,
WHEREAS, the Massage Therapy Act was signed into law on September 18, 2014 and
became effective on January 1, 2015; and,
WHEREAS, in order to bring local regulations into compliance with the Massage Therapy Act
staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 10,
Section 10.020 - Definitions; 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. 2015-11, 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
10: Adult Oriented Business contained in Exhibit A are in general conformity with the
Planning Commission Resolution No. 2015-11 Page 3
Petaluma General Plan 2025. 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 Massage Therapy Act,
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. Section 10.020.C.12 of the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S, is hereby repealed:
Section 3. Section 10.020C.13 through Section 10.020.C.18 of the City of Petaluma
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby renumbered to read as
follows:
12, Other Adult Entertainment Businesses. Any other business or commercial establishment not herein defined:
a. Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion
of the total presentation time is characterized by an emphasis on depicting, describing or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas"; or
b. Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments and
paraphernalia which are characterized by an emphasis on depicting, describing, or relating to "Specified Sexual
Activities".
13, School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required
by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This
definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special
institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or
professional institution or an institution of higher education, including a community or junior college, college or university.
14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following "zoning districts" as defined in
the Petaluma Zoning Ordinance: C1, C2, MU1A, MU16, and MU2.
15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation purposes owned by,
dedicated to, leased to, or operated or maintained by the City.
16. Residential Zone. As used in Chapter 10, a residential zone shall include the following "zone districts" as defined in the
Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit Development (P.U.D.) and
Planned Community Development (P.C.D.).
17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and recognized as a site of
public gathering and worship. This shall include church operated childcare/nursery or preschool facilities.
Section 4. 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 5. 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
Planning Commission Resolution No. 2015-11 Page 4
all provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 6. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 7. 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. 2015-11 Page 5