HomeMy WebLinkAboutOrdinance 2554 N.C.S. 10/05/20151
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EFFECTIVE DATE
OF ORDINANCE
November 5, 2015
Introduced by
Kathy Miller
ORDINANCE NO. 2554 N.C.S.
Seconded by
Gabe Kearney
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
Ordinance No. 2554 N.C.S.
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Implementing Zoning Ordinance that do not result in significant changes in allowable land use or
density; and,
WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public
hearing before the City Council to consider the amendments was published in the Argus-
Courier, and,
WHEREAS, on September 21, 2015, 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:
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 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
Ordinance No. 2554 N.C.S.
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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.
INTRODUCED and ordered posted /wed this 21St day of September, 2015.
ADOPTED this 5th day of October, 2015 by the following vote:
Ayes:
Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
Noes:
None
Abstain:
None
Absent:
None
ATTEST:
Claire Cooper, City Clerk
1
1
avid Glass, Mayor
Eric W. nly, (�ify Attorney
Ordinance No. 2554 N.C.S.
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