HomeMy WebLinkAboutHCPC Resolution 2016-08 11/29/2016RESOLUTION 2016 -08
CITY OF PETALUMA
HISTORIC AND CULTURAL PRESERVATION COMMITTEE
RECOMMENDING CITY COUNCIL APPROVAL OF A TEXT AMENDMENT TO
MUNICIPAL CODE SECTION 2.30 (HISTORIC AND CULTURAL PRESERVATION COMMITTEE)
WHEREAS, the City of Petaluma initiated a Text Amendment to modify Section 2.30 of the
Petaluma Municipal Code to align with enabling legislation and reconstitution of the Historic and
Cultural Preservation Committee to meet the requirements of the Certified Local Government program;
and
WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural
Preservation Committee /Planning Commission approved Resolution No 2016 -07 recommending to the
Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy
requirements of the Certified Local Government Program; and
WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered
the staff report dated November 29, 2016, analyzing the amendments, including the CEQA
determination included therein; and
NOW THEREFORE BE IT RESOLVED by the Historic and Cultural Preservation Committee /Planning
Commission as follows:
1. Consistent with the analysis outlined in the staff report dated November 29, 2016, the Historic
and Cultural Preservation Committee /Planning Commission recommends that the City Council adopt a
Text amendments to Section 2.30 of the Municipal Code, attached hereto as Exhibit 2, based on the
following findings:
a. The proposed Municipal Code amendment is consistent with the following Petaluma
General Plan policies and programs:
3- P -1 -F: Pursue CLG Status
Approval of the proposed enabling legislation and text amendments will allow the City
to meet the requirements needed to obtain CLG certification. Once adopted staff will
complete necessary applications and work directly with representatives from SHPO to
apply for CLG certification.
3- P -1 -L: Ensure City Staff responsible for decisions affecting historic resources are well
versed in historic preservation theory and practice
Approval of the proposed enabling legislation and associated text amendments will
facilitate the city's application for CLG certification which will in turn present new
opportunities for staff an committee members to attend trainings and obtain funding to
maintain an up to date understanding, historic preservation theory and practice.
3- P -2 -E: Take Advantage of CLG Program benefits, such as grant funding
Once Petaluma obtains CLG certification the city will be eligible for grant funding for
preservation efforts, be able to participate in preservation training, and utilize technical
support from SHPO.
3 -P -4: Foster appreciation for Petaluma's cultural heritage and encourage greater public
participation in education regarding resources
Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 1
Approval of the proposed enabling legislation and associated text amendment
demonstrates the city's commitment to obtaining CLG certification specifically and the
commitment to historic preservation more generally. Further, resources that will come
available to the city with CLG certification will allow the city to bolster educational
programs related to historic preservation and increase outreach to encourage greater
public participation in the preservation of the City's resources.
3- P -4 -D: Provide opportunities for ongoing education on historic preservation for City Staff
and elected /appointed officials
Approval of the proposed enabling legislation and associated text amendments will
facilitate CLG certification which in .turn will make available educational opportunities
and technical trainings to ensure that city staff, committee members, and elected
officials are conversant in contemporary issues related to historic preservation.
• 3- P -5 -B: Ensure future plans, ordinances, and City Planning is complimentary to the
historic preservation goals and policies contained within this plan.
The proposed amendments will ensure that the City's policies align with the goals and
objectives of the General Plan and with policies established by the State Historic
Preservation Office.
b. The proposed Municipal Code Amendment is consistent with the public necessity,
convenience and general welfare because it will enhance the city's ability to preserve
cultural and historic resources, preserve the unique attributes of Petaluma that create a sense
of unique identity for residents and visitors alike, and to improve and facilitate participation
and understanding of preservation.
2. The Historic and Cultural Preservation Committee /Planning Commission reviewed the proposed
amendments and determined no physical development is proposed as part of the code modifications
to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section 21065 defines, in
relevant part, a "project," as, "an activity which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical .change in the environment." In considering
whether the project would result in any reasonably .foreseeable indirect physical changes to the
environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it does not constitute a
project and is therefore, not subject to CEQA.
Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 2
ADOPTED this 29th day of November, 2016, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember King
Benedetti- Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
Schlich
x
Perlis
X
ATTEST:
Bather Hines, CPmmission Secretary
Diana Gomez, Ch
APPROVED AS TO FORM:
Lisa Tennenbaum/ Assistant City Attorney
Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 3
Exhibit 1
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SECTION 2.30 OF THE
PETALUMA MUNICIPAL CODE (HISTORIC AND CULTURAL PRESERVATION COMMITTEE) PERTAINING
TO THE MEMBERSHIP AND DUTIES OF THE HISTORIC AND CULTURAL PRESERVATION COMMITTEE
WHEREAS, the City of Petaluma initiated a Text Amendment to modify Section 2.30 of the
Petaluma Municipal Code to align with enabling legislation and reconstitution of the Historic and
Cultural Preservation Committee to meet the requirements of the Certified Local Government program;
and
WHEREAS, at a duly noticed public hearing on November 29, 2016 the Historic and Cultural
Preservation Committee /Planning Commission approved Resolution No 2016 -XX recommending to the
Council approval of enabling legislation for the Historic and Cultural Preservation Committee to satisfy
requirements of the Certified Local Government Program; and
WHEREAS, the Historic and Cultural Preservation Committee /Planning Commission considered
the staff report dated November 29, 2016, analyzing the amendments, including the CEQA
determination included there in; and
WHEREAS, pursuant to Implementing Zoning Ordinance §25.050, the City's Historic and Cultural
Preservation Committee /Planning Commission held a duly noticed public hearing to consider the
proposed amendments on November 29, 2016, at which time all interested parties had the opportunity
to be heard; and
WHEREAS, on November 29, 2016, the Historic and Cultural Preservation Committee /Planning
Commission recommended approval of modifications to Section 2.30 of the Municipal Code as shown
in Exhibit 1; and
WHEREAS, on (insert date) the City Council held a duly noticed public hearing to consider the
proposed Municipal Code Text Amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Findings. Based on the Historic and Cultural Preservation Committee /Planning
Commission's recommendation, City staff report and public hearing, the City Council adopts the
Municipal Code Text Amendments, as described above and set forth herein, based on the findings
made below:
The proposed amendment to Section 2.30 of the Petaluma Municipal Code is consistent with
the reconstituted Historic and Cultural Preservation Committee and requirements of the
Certified Local Government Program and implements the Chapter 3 of the Petaluma
General Plan.
2. The proposed text amendments to Section 2.30 of the Petaluma Municipal Code are
consistent with the following General Plan policies and programs: Program 3 -P -1 -F (Pursue
CLG Status), Program 3 -P -1 -L (Historic Preservation Theory and Practice), Program 3 -P -2 -E
(Advantages of CLG Program), Policy 3 -P -4 (Appreciation for Petaluma's Cultural Heritage),
Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 4
Program 3 -P -4 -D (Opportunities for Education), Program 3 -P -5 -B (Compliment Historic
Preservation Goals).
3. The proposed Municipal Code Text Amendment is consistent with the public necessity,
convenience and general welfare because it will enhance the city's ability to preserve
cultural and historic resources, preserve the unique attributes of Petaluma that create a
sense of unique identity for residents and visitors alike, and to improve and facilitate
participation and understanding of preservation.
4. The requirements of the California Environmental Quality Act (CEQA) have been satisfied
through the determination that no physical development is proposed as part of the code
modifications to reconstitute the HCPC. California Environmental Quality Act (CEQA) Section
21065 defines, in relevant part, a "project," as, "an activity which may cause either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment." In considering whether the project would result in any reasonably
foreseeable indirect physical changes to the environment, staff concluded, pursuant to
CEQA Guidelines Section 15064, that it does not constitute a project and is therefore, not
subject to CEQA.
Section 2. Municipal Code Section 2.30 is hereby amended as shown in Exhibit 2.
Section 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance, including the application of
such part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 5. 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 post and /or publish
this ordinance or a synopsis of it for a period and in the manner required by the City Charter.
INTRODUCED and ordered posted this (insert date),
ADOPTED this [insert day] of [insert month], 2016 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 5
Exhibit 2
Chapter 2.30
HISTORIC AND CULTURAL PRESERVATION COMMITTEE
2.30.010 Established — Membership terms.
A. There is created a historic and cultural preservation committee in and for the city of Petaluma.
B. The composition and membership of the committee shall be as established by resolution of the city
council.
2.30.020 Duties — Generally.
The committee shall generally be responsible for the following and as further described in the city's zoning
ordinance:
A. To promote preservation of historic sites, landmarks, documents, paintings and objects associated with the
history of Petaluma;
B. To recommend to the planning commission that certain historic sites and landmarks be designated and /or
acquired by the city;
C. To administer the committee's responsibilities pertinent to the zoning ordinance of the city of Petaluma;
D. To advise the city council on the administration of historic sites and landmarks, as may be acquired by the
city of Petaluma;
E. To advise the city council on the acceptance of gifts consisting of documents, paintings and other objects of
historic value, as well as money when the same is given to be used for the acquisition of property, real or
personal, of historic interest, except for the donations, purchases and acceptance of gifts for the Petaluma
Historical Library- Museum;
F. To recommend to the city council the documents, paintings, and object of special historic value associated
with the history of the city, to be acquired by the city, except for the donations, purchases and acceptance
of gifts for the Petaluma Historical Library- Museum;
G. To advise the city council on all matters relating to the historic and cultural preservation of the city.
Historic & Cultural Preservation Committee Resolution No. 2016 -08 Page 6