HomeMy WebLinkAboutOrdinance 2596 N.C.S. 01/23/20171
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EFFECTIVE DATE
OF ORDINANCE
February 23, 2017
Introduced by
Gabe Kearney
ORDINANCE NO. 2596 N.C.S.
Seconded by
Kathy Miller
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 -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 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 A; and
WHEREAS, on January 9, 2017 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
Ordinance No. 2596 N.C.S.
1 Municipal Code Text Amendments, as described above and set forth herein, based on the
2 findings made below:
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4 1. The proposed amendment to Section 2.30 of the Petaluma Municipal Code is
5 consistent with the reconstituted Historic and Cultural Preservation Committee and
6 requirements of the Certified Local Government Program and implements the
7 Chapter 3 of the Petaluma General Plan.
8 2. The proposed text amendments to Section 2.30 of the Petaluma Municipal Code are
9 consistent with the following General Plan policies and programs: Program 3 -P -1 -F
10 (Pursue CLG Status), Program 3 -P -1 -L (Historic Preservation Theory and Practice),
11 Program 3 -P -2 -E (Advantages of CLG Program), Policy 3 -P -4 (Appreciation for
12 Petaluma's Cultural Heritage), Program 3 -P -4 -D (Opportunities for Education),
13 Program 3 -P -5 -B (Compliment Historic Preservation Goals).
14 3. The proposed Municipal Code Text Amendment is consistent with the public
15 necessity, convenience and general welfare because it will enhance the city's ability
16 to preserve cultural and historic resources, preserve the unique attributes of Petaluma
17 that create a sense of unique identity for residents and visitors alike, and to improve
18 and facilitate participation and understanding of preservation.
19 4. The requirements of the California Environmental Quality Act (CEQA) have been
20 satisfied through the determination that no physical development is proposed as part
21 of the code modifications to reconstitute the HCPC. California Environmental Quality
22 Act (CEQA) Section 21065 defines, in relevant part, a "project," as, "an activity which
23 may cause either a direct physical change in the environment, or a reasonably
24 foreseeable indirect physical change in the environment." In considering whether the
25 project would result in any reasonably foreseeable indirect physical changes to the
26 environment, staff concluded, pursuant to CEQA Guidelines Section 15064, that it
27 does not constitute a project and is therefore, not subject to CEQA.
28 Section 2. Municipal Code Section 2.30 is hereby amended as shown in Exhibit A.
29 Section 4. Severability. If any provision of this ordinance or the application thereof to
30 any person or circumstance is held invalid, the remainder of the ordinance, including the
31 application of such part or provision to other persons or circumstances shall not be affected
32 thereby and shall continue in full force and effect. To this end, provisions of this ordinance are
33 severable. The City Council hereby declares that it would have passed each section,
34 subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact
35 that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
36 phrases be held unconstitutional, invalid, or unenforceable.
37 Section 5. This ordinance shall become effective thirty (30) days after the date of its
38 adoption by the Petaluma City Council.
39 Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or
40 publish this ordinance or a synopsis of it for a period and in the manner required by the City
41 Charter.
42 INTRODUCED and ordered #ed /posted this 9th day of January, 2017.
Ordinance No. 2596 N.C.S. Page 2
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ADOPTED this 23rd day of January, 2017, by the following vote:
Ayes:
Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
Noes:
None
Abstain:
None
Absent:
None
f
Ddvid Glass, Mayor
ATTEST:
Claire Cooper, City Clerk
APPROVEO AS TO FOAM:
Eric W. Danly, City Attrney
Ordinance No. 2596 N.C.S.
..-
1 Exhibit A
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6 Chapter 2.30
7 HISTORIC AND CULTURAL PRESERVATION COMMITTEE
8 2.30.010 Established — Membership terms.
9 A. There is created a historic and cultural preservation committee in and for the city of Petaluma.
10 B. The composition and membership of the committee shall be as established by resolution of the
11 city council
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13 2.30.020 Duties — Generally.
14 The committee shall generally be responsible for the following and as further described in the city's
15 zoning ordinance:
16 A. To promote preservation of historic sites, landmarks, documents, paintings and objects associated
17 with the history of Petaluma;
18 B. To recommend to the planning commission that certain historic sites and landmarks be designated
19 and /or acquired by the city;
20 C. To administer the committee's responsibilities pertinent to the zoning ordinance of the city of
21 Petaluma;
22 D. To advise the city council on the administration of historic sites and landmarks, as may be acquired
23 by the city of Petaluma;
24 E. To advise the city council on the acceptance of gifts consisting of documents, paintings and other
25 objects of historic value, as well as money when the same is given to be used for the acquisition of
26 property, real or personal, of historic interest, except for the donations, purchases and acceptance
27 of gifts for the Petaluma Historical Library- Museum;
28 F. To recommend to the city council the documents, paintings, and object of special historic value
29 associated with the history of the city, to be acquired by the city, except for the donations,
30 purchases and acceptance of gifts for the Petaluma Historical Library- Museum;
31 G. To advise the city council on all matters relating to the historic and cultural preservation of the city.
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Ordinance No. 2596 N.C.S. Page 4