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HomeMy WebLinkAboutStaff Report 4.E 03/20/2017Agenda Item #4.E DATE: March 20, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager Kevin Colin, Deputy Planning Manager SUBJECT: Introduction of Ordinance Amending the Text of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., Chapter 7, Section 22.030 - Regulation of Non - conforming Uses and Structures RECOMMENDATION It is recommended that the City Council introduce an Ordinance Amending the Text of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., Chapter 7, Section 22.030 - Regulation of Non - conforming Uses and Structures. BACKGROUND Da Vinci Coffee Cart was, for more than 20 years, located in front of the former Mr. Magoo's restaurant at 1385 Petaluma Boulevard North. The property owners terminated the Da Vinci Coffee Cart's lease effective February 15, 2017. When operating at 1385 Petaluma Boulevard North, the coffee cart business involved no structure associated with its drive -thru operation. The coffee cart operation set up each day with cones and signage to direct the drive -thru operation and serve patrons without leaving their car. According to the business owners, there was also walk up patronage from surrounding businesses. In response to the pending lease termination, the City Council received dozens of public comment letters supporting the existing Da Vinci Coffee Cart and asking for the Council's assistance in approving a solution to allow the local business to relocate. At their January 23ra meeting the City Council agendized the item for the February 6th meeting and directed staff to develop options for Council consideration. On February 6, 2017, the City Council considered three options (presented below), and ultimately directed staff to proceed with Option 3. Option 1: Modify Business Operations Option 2. Amend General Plan Option 3: Amend Implementing Zoning Ordinance For a complete discussion of each option, please see the February 6, 2017 City Council staff report at Attachment 2. On February 28, 2017, the Planning Commission considered the proposed amendment to the Implementing Zoning Ordinance (IZO) §22.030(A) at a noticed public hearing. The Planning Commission staff report, with a more detailed project description and analysis, can be reviewed at Attachment 3. The Planning Commission unanimously (7 -0) approved a resolution recommending City Council approval of the Zoning Text Amendment (Attachment 4). DISCUSSION Consistent with the Council's direction, the text below is recommended in order to create a new Implementing Zoning Ordinance (IZO) subsection 22.030(A)(1) (new text indicated in underline). For purpose of context, all of Section 22.030 (Regulation of Non - conforming Uses and Structures) is included, however the only proposed modification is to add subsection A.1. A. Modifications to Non - Conforming Uses and Structures. A non - conforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a non - conforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have non - conforming setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non - conformity of setbacks and provided further that minimum setback of ten (10) feet are maintained for a principal structure's front and rear setbacks, three (3) feet for a principal structure's side setback, and three (3) feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities). 1. Notwithstanding Subsection 22.030(A), an existing drive -thru non - conforming use utilizing permanent structure that is an ancillary use on its parcel may relocated to another parcel so long as the use: (a) is otherwise a permitted use on the site; b) there is no intensification of the drive -thru component of the use; and (c) there are adequate safely provisions for pedestrian and vehicular circulation. The use at the new location shall remain a non - conforming use. B. Change of Use. No non - conforming use shall be changed to another non - conforming use without approval by the Planning Commission and then only to a use which, in the opinion of the Commission, is of the same or of a more restricted nature. C. Discontinuation of a Non - Conforming Use of a Structure. A non - conforming use of a structure shall not be re- established if such use has been discontinued for a period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume use of a non - conforming structure shall not confer the right to do so. D. Discontinuation of a Non - Conforming Use of Land. A non - conforming use of land, not involving a structure other than fences, signs, and buildings less than four hundred (400) PA square feet in area shall not be re- established if such use of land has been discontinued for a period of three (3) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume a non - conforming use of land shall not confer the right to do so. E. Damage to a Non - Conforming Structure. A non - conforming structure which is damaged by fire, flood, or act of God to an extent exceeding fifty (50) percent of its value, as determined by a methodology based on comparable neighborhood values as approved by the Director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated. F. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed. The proposed text for IZO subsection 22.030(A)(1) is identical to that presented to the City Council on February 6, 2017 except that, as directed by Council, it: (a) omits the requirement for a Conditional Use Permit; and (b) includes criteria requiring adequate safety provisions for pedestrian and vehicular circulation. With regard to the latter item, the purpose is to ensure that there is adequate room for vehicle queuing. When directing staff to prepare the zoning text amendment discussed in this report, the City Council observed it to be the least impactful to the City's drive -thru ban, noting that it would assist an existing small local business in Petaluma, and that proposed language was specific enough to only apply to a limited number of existing businesses. Attachment 1 includes proposed findings supporting the IZO text amendment described above. As required by IZO §25.050, notice of public hearing was published in the Argus Courier on March 9, 2017 as an eighth page ad. Mailed notice to property owners and occupants is not required because the proposed action is a Zoning Text Amendment that applies Citywide and does not concern a specific property. There has been no public comment received in relation to the prior Planning Commission meeting or prior to issuing this staff report. FINANCIAL IMPACT There are no financial impacts associated with this action. The processing of this application is subject to a cost recovery agreement with the applicant. At present, that account has a positive balance of $3,450.25. ATTACHMENTS Attachment 1: Ordinance amending IZO Section 22.030 Attachment 2: City Council Staff Report, February 6, 2017 Attachment 3: Planning Commission Staff Report, February 28, 2017 Attachment 4: Planning Commission Resolution No. 2017 -06 ATTACHMENT 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., CHAPTER 7, SECTION 22.030 — REGULATION OF NON- CONFORMING USES AND STRUCTURES WHEREAS, on February 6, 2017, the City Council directed staff to proceed with an amendment to Section 22.030 (Regulation of Non - conforming Uses and Structures) of the City of Petaluma Implementing Zoning Ordinance; and WHEREAS, on February 9, 2017, Eric Graven submitted an application to further the direction provided by City Council on February 6, 2017 and requested said change to the Implementing Zoning Ordinance; and WHEREAS, on February 28, 2017, the Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance § 25.050, to consider the application and at which time all interested parties had the opportunity to be heard; and WHEREAS, on February 28, 2017, the Planning Commission considered the staff report dated February 28, 2017, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, at the conclusion of the Planning Commission's February 28, 2017 public hearing, the Planning Commission adopted Resolution No. 2017 -06, recommending that the City Council adopt the amendment; and . WHEREAS, the amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15305 (Minor Alterations in Land Use Limitations) in that the amendment involves minor modifications to the Implementing Zoning Ordinance that does not result in significant changes in allowable land use or density; and WHEREAS, on March 9, 2017, a public notice of the March 20, 2017 public hearing before the City Council to consider the amendment was published in the Argus- Courier; and WHEREAS, on March 20, 2017, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendment; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section l: The City Council of the City of Petaluma hereby finds: 1. The proposed amendment to the City's Implementing Zoning Ordinance, as presented in Exhibit A, is in general conformity with the Petaluma General Plan 2025. a. General Plan Policy 1 -P -7 states, "Encourage flexibility in building form and in the nature of activities to allow for innovation and the ability to change over time." The proposed amendment enables an appropriate level of flexibility and adaptability in a particular type of small -scale business in a manner that, on balance, also conforms to separate goals and policies related to improved air quality, safe pedestrian and vehicle circulation, and promotion of sustainable economy, as described below. b. General Plan Goal 5 -G -2 (Motor Vehicle Circulation) states, "Promote the safe movement of people and goods through Petaluma's streets." As proposed, the text amendment includes criteria in furtherance of this goal which will ensure safety for pedestrians and motorists. c. General Plan Goal 9 -G -1 (Economic Health & Sustainability) states, "Establish a diverse and sustainable local economy that meets the needs of the community's residents and employers." The proposed text amendment will facilitate the continued operation of small businesses that are ancillary to existing businesses and which provide local employment opportunities. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations and promote and support the goals and policies cited above. Section 2: Section 22.030(A) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows (text addition in underline): A. Modifications to Non - Conforming Uses and Structures. A non - conforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a non - conforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have non - conforming setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non-conformity of setbacks and provided further that minimum setback of ten (10) feet are maintained for a principal structure's front and rear setbacks, three (3) feet for a principal structure's side setback, and three (3) feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities). 1. Notwithstanding Subsection 22.030(A), an existing drive -thru non - conforming use utilizing a non - permanent structure that is an ancillary use on its parcel may be relocated to another parcel so long as the use: (a) is otherwise a permitted use on the site; (b) there is no intensification of the drive -thru component of the use; and c) there are adequate safety_ provisions for pedestrian and vehicular circulation. The use at the new location shall remain a non - conforming use. 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: 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 M provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 5: This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6: 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 this 20th day of March, 2017. ADOPTED this [insert day] of [insert month], 2017 by the following vote: Ayes: Noes: Abstain: Absent: a ATTACHMENT 2 DATE: February 6, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Discussion and Possible Direction Regarding the Da Vinci Coffee Cart Relocatiom. RECOMMENDATION It is recommended that the City Council consider the options below and provide direction to staff on next steps regarding the Da Vinci Coffee Cart relocation. BACKGROUND Da Vinci Coffee Cart has been located at 1,385 Petaluma Boulevard North in front of the former Mr. Magoos restaurant for more than 20 years and under the current ownership for the last 17 years. There is no formal construction or curbing associated with the existing drive -thru operation. Instead, the coffee cart operation sets up each day with cones and signage to direct the drive thru operation and coffee is served to patrons without leaving their car. According to the business owners, there is also walk up patronage from surrounding businesses. The business owners have received a 30 -day notice from the property owner to relocate and have been exploring options for an appropriate location to continue to operate the business without significant change to the existing business model and preferably within the same general location to continue to serve existing customers. However, due to the City's prohibition on creation of new drive -thrus (more detailed discussion about regulatory restrictions is outlined below), the business owners have been unable to relocate their business. In response, the City Council recently received dozens of public comment letters supporting the existing Da Vinci Coffee Cart, asking for the Council's assistance in approving a solution to allow the local business to relocate. At their January 231d meeting, the City Council requested that the item be placed on to the agenda for the February 6th meeting, and directed staff to develop options for Council consideration. DISCUSSION In response to Council direction, staff considered a variety of approaches and worked collaboratively with the business owner to consider viable options for relocating Da Vinci Coffee Cart. This effort included discussion of possible modifications to existing business operations, W General Plan policy, and/or zoning regulations. These items are discussed in greater detail below. Option 1; Modify Business Operations The simplest approach to relocate the existing coffee cart business would-be to eliminate the drive -thru facility. Without the drive -thru component, a coffee shop is a permitted use in most commercial and mixed use zoning districts and there is ample opportunity to relocate. Staff discussed this approach with the business owner on multiple occasions, even exploring the possibility of barista service to parked cars as a substitute for the current drive -thru operation. The business owner voiced concern about changing the existing business model which has been successful at Da Vinci's current location. Although this approach would eliminate conflict with both the General Plan policy and the applicable zoning regulations, the business owner has indicated that it does not provide viable opportunity to relocate the existing business that has been located at 1385 Petaluma Boulevard North due to the opinion that the drive -thru facility is essential to the business model. Option 2; Modf General Plan Policy 4 -P -12 of the Petaluma General Plan 2025 states: "Prohibit new drive -thru food and service facilities with the exception of vehicle serving businesses, such as car wash and oil /lobe, and limit expansion of the drive -thru components of existing facilities which increase idling vehicles. • Discretionary approvals for such facilities shall include provisions which decrease or eliminate idling vehicles, to the extent feasible and practical." Under this policy no new drive -thru development has been approved with the exception of automobile serving business. The clear prohibition within the policy does not provide for flexibility or exceptions on a case by case basis other than those uses that are vehicle serving or expansion of existing drive -thru components. Policy 4 -P -12 is located within Chapter 4 (Natural Environment) of the General Plan, under subsection 4.2: Air Quality. The policy specifically falls under overarching General Plan Goal 4- G-3: Air Quality which states: "Improve air quality and meet all Federal and State ambient air quality standards and goals by reducing the generation of air pollutants from stationary and mobile sources." Modification of this policy in an effort to accommodate relocation of the Da Vinci coffee cart would necessitate not only careful scrutiny of potential impacts to the General Plan vision but also to the General Plan EIR. Based on the frequency of inquiries about drive -thru businesses, 2 staff believes that greater flexibility within Policy 4 -P -12 would facilitate new and expanded businesses of this nature. Option 3; Mods Implementing Zoning Ordinance Drive -fluus are not explicitly addressed in the City's Implementing Zoning Ordinance in terns of criteria for review. Instead, given the prohibition in General Plan Policy 4 -P -12, any existing drive -thru facility is considered a non - conforming use and governed by IZO Section 22.030(A.), which states that a non - conforming use cannot be enlarged, extended, or moved. Applied to the current non - conforming Da Vinci coffee cart drive -thru, this section does not allow the non - conforming use to be relocated to a new site. Although relocation is not allowed under current adopted code language, a Zoning Text Amendment to add an exception to this section would facilitate relocation of the existing Da Vinci business without creating a significant deviation from existing regulations or General Plan policy. For example, a Zoning Text Amendment to create subsection 22.030(A)(1) could accommodate relocation of this business and state: "Notwithstanding Section 22.030(A), an existing drive -thin non- conforming use utilizing a non - permanent structure that is an ancillary use on its parcel may be relocated to another parcel subject to approval of a Conditional Use Permit by the Planning Commission in accordance with Section 24.030 so long as the use is otherwise a permitted use on the site and there is no intensification of the drive -thru component of the use. The use at the new location shall remain a non - conforming use." By requiring a Conditional Use Permit, the City retains discretion to review each exception on a case by case basis, and ensure that no unintended impacts (neighborhood compatibility, roadway safety) are created by the relocation. Additionally, the language is tailored to allow relocation of a very specific category of existing drive -thru facilities and does not allow for the creation of a "new" drive -thru in conflict with existing General Plan policy. Finally, this tailored approach limits abandonment of existing physical drive -thin facilities such as relocation of an existing fast food restaurant and the associated difficulties of re- tenanting such an empty facility without reuse of the drive thru. The Zoning Text Amendment appears to be the best approach to allow Da Vinci to relocate their existing operation without initiating a potential overhaul of existing General Plan policy or allowing an exception to current policy that encourages relocation of existing, and creation of new, drive -thru facilities in the City. As the City Council was advised on January 23rd, and reiterated to the business owner, this type of process requires review and recommendation by the Planning Commission, introduction of an ordinance by the City Council, subsequent approval by the City Council, and an effective date 30 -days after the second reading. The Conditional Use Permit review could be processed concurrently to avoid duplication of public hearings or additional review time. Processing time is likely to be 90 to 120 days. FINANCIAL IMPACT Cost Recovery deposit associated with the processing of a Conditional Use Permit and Zoning Text Amendment is $11,499.50. Both the general processing timeline and associated costs have been discussed with the potential applicant for this item. Also of note, processing and subsequent issuance of a Conditional Use Permit, as would be required under the recommended Zoning Text Amendment, requires a parcel specific location. At this time the applicant has not secured a specific location for relocation of the business. 0 2--79 ATTACHMENT 3 Ltr.. aw � Y8�$ DATE: February 28, 2017 AGENDA ITEM NO. 8A TO: Planning Commission FROM: Kevin Colin, Deputy Planning Manager REVIEWED BY: Heather Hines, Planning Manager SUBJECT: Zoning Text Amendment to Section 22.030 (Regulation of Non- conforming Uses and Structures) of the City of Petal-Lima Implementing Zoning Ordinance. File# PLZT -17 -0001 RECOMMENDATION It is recommended that the Planning Commission adopt a resolution recommending the City Council adopt an Ordinance amending the Section 22.030 (Regulation of Non - conforming Uses and Structures) of the Implementing Zoning Ordinance to add subsection 22.030(A)(1) addressing relocation of very specific non - conforming use based on existing drive thru facility. (Attachment A). Da Vinci Coffee Cart Consideration of the zoning amendment discussed in this report was prompted by an existing drive -thru coffee cart business — Da Vinci Coffee & Tea. This business, located at 1385 Petaluma Boulevard North, operates (for the time being) at an existing asphalt parking lot in front of the former Mr. Magoo's restaurant. The coffee cart business has operated here for more than 20 years and under the current ownership for the last 17 years. There is no formal construction or curbing associated with the existing coffee cart drive -thru operation. Instead, the coffee cart operation sets up each day with cones and signage to direct the drive thru operation and coffee is served to patrons without leaving their car. According to the business owners, there is also walk up patronage from surrounding businesses. The business owners have received a 30 -day notice from the property owner to relocate and have been exploring options for an appropriate location to continue to operate the business without significant change to the existing business model and preferably within the same general location (along Petaluma Blvd North) to continue to serve existing customers. However, due to the city's prohibition on creation of new drive -thrus (more detailed discussion about regulatory restrictions is outlined below) the business owners have been unable to relocate their business. Page 1 3_i In response to the regulatory prohibition that disallows relocation of the Da Vinci Coffee Cart, the City Council recently received dozens of public comment letters supporting the existing Da Vinci Coffee Cart and asking for the Council's assistance in approving a solution to allow the local business to relocate. At their January 23rd meeting, the City Council agendized the item for the February 6th meeting and directed staff to develop options for Council consideration. City Council Direction On February 6, 2017, the City Council considered the three options (presented below) and ultimately directed staff to proceed with Option 3. Option]: Modify Business Operations Option 2: Amend General Plan Option 3: Amend Implementing Zoning Ordinance For a complete discussion of each option, please see the February 6, 2017 City Council staff report at Attachment B. PROJECT DESCRIPTION Consistent with the Council's direction, the text below is proposed to create a new Implementing Zoning Ordinance (IZO) subsection 22.030(A)(1) (new text indicated in underline). For purpose of context, all of Section 22.030 (Regulation of Non - conforming Uses and Structures) is included. A. Modifications to Non - Conforming Uses and Structures. A non - conforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a non - conforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have non - conforming setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non - conformity of setbacks and provided further that minimum setback of ten (10) feet are maintained for a principal structure's front and rear setbacks, three (3) feet for a principal structure's side setback, and three (3) feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities). Page 2 1. Notwithstanding Subsection 22.030(A), an existing drive -thru non-conforming use utilizing a non - -permanent structure that is an ancillary use on its parcel may be relocated to another parcel so long as the use: (a) is otherwise a permitted use on the site; b) there is no intensification of the drive -thru component of the use, and (c) there are adequate safety provisions for pedestrian and vehicular circulation. The use at the new location shall remain a non - conforming use. B. Change of Use. No non - conforming use shall be changed to another non - conforming use without approval by the Planning Commission and then only to a use which, in the opinion of the Commission, is of the same or of a more restricted nature. C. Discontinuation of a Non - Conforming Use of a Structure. A non - conforming use of a structure shall not be re- established if such use has been discontinued for a period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume use of a non - conforming structure shall not confer the right to do so. D. Discontinuation of a Non - Conforming Use of Land. A non - conforming use of land, not involving a structure other than fences, signs, and buildings less than four hundred (400) square feet in area shall not be re- established if such use of land has been discontinued for a period of three (3) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume a non - conforming use of land shall not confer the right to do so. E. Damage to a Non - Conforming Structure. A non - conforming structure which is damaged by fire, flood, or act of God to an extent exceeding fifty (50) percent of its value, as determined by a methodology based on comparable neighborhood values as approved by the Director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated. F. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed DISCUSSION Standard of Review Implementing Zoning Ordinance (IZO) §25.010 provides for amendments, "whenever public necessity and convenience and general welfare require such amendment." IZO §25.050 provides, additionally, that the Planning Commission find the amendment to be in conformance with the Petaluma General Plan. The Planning Commission action is to be by resolution and, in this instance, whether as- submitted, as- modified or recommended for denial, will be considered by City Council at a subsequent meetmg.l Proposed Text The proposed text for IZO subsection 22.030(A)(1) is identical to that presented to City Council 1 Because this amendment was initiated by City Council, a denial recommendation by Planning Commission does not terminate proceedings (see IZO §25.050(B)). Page 3 W on February 6, 2017 except that it: (a) omits the requirement for a Planning Commission- issued Conditional Use Permit; and (b) includes criteria requiring adequate safety provisions for pedestrian and vehicular circulation. Each change was directed by City Council. With regard to the later item, the purpose is to ensure that there is adequate room for vehicle queuing. Conclusion When directing staff to the zoning text amendment discussed in this report, the City Council observed it to be the least impactful to the City's drive -thru ban, noted that it would assist an existing small local business in Petaluma, and that proposed language was specific enough to only apply to limited number of existing businesses. Attachment A includes proposed findings supporting the IZO text amendment described above. PUBLIC COMMENT As required by IZO §25.050, notice of public hearing was published in the Argus Courier on February 16, 2017 as an eighth page ad. Because the proposed action is a citywide text amendment and not specific to any one property, mailed notice to property owners and occupants is not required. As mentioned above, the City Council received dozens of public comment letters supporting the existing Da Vinci Coffee Cart and asking for the Council's assistance in approving a solution to allow the local business to relocate. Speakers in support of the business were also present at the City Council meetings of January 23 and February 6, 2017. ENVIRONMENTAL REVIEW The proposed text amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §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. ATTACHMENTS Attachment A: Resolution Recommending City Council Approval Attachment B: February 6, 2017 City Council Staff Report Page 4 ATTACHMENT 4 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A ZONING TEXT AMENDMENT TO AMEND SECTION 22.030 (REGULATION OF NON - CONFORMING USES AND STRUCTURES) OF THE CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE FILE NO: PLZT -17 -0001 WHEREAS, on February 6, 2017, the City Council directed staff to proceed with an amendment to Section 22.030 (Regulation of Non - conforming Uses and Structures) of the City of Petaluma Implementing Zoning Ordinance; and WHEREAS, on February 9, 2017, Eric Graven submitted an application to further the direction provided by City Council on February 6, 2017 and requested said change to the Implementing Zoning Ordinance; and WHEREAS, on February 28, 2017, the Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance § 25.050, to consider the application and at which time all interested parties had the opportunity to be heard; and WHEREAS, on February 28, 2017, the Planning Commission considered the staff report dated February 28, 2017, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: A. Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission recommends that the City Council adopt the proposed amendment to Implementing Zoning Ordinance §22.030 (Regulation of Non - conforming Uses and Structures), attached hereto as Exhibit A, based on the following findings: 1. The proposed amendment to the City's Implementing Zoning Ordinance, as presented in Exhibit A, is in general conformity with the Petaluma General Plan 2025. a. General Plan Policy 1 -P -7 states, "Encourage flexibility in building form and in the nature of activities to allow for innovation and the ability to change over time." The proposed amendment enables an appropriate level of flexibility and adaptability in a particular type of small -scale business in a manner that, on balance, also conforms to separate goals and policies related to improved air quality, safe pedestrian and vehicle circulation, and promotion of sustainable economy, as described below. b. General Plan Goal 5 -G -2 (Motor Vehicle Circulation) states, "Promote the safe movement of people and goods through Petaluma's streets." As proposed, the text amendment includes criteria in furtherance of this goal and which will ensure safety for pedestrians and motorists. c. General Plan Goal 9 -G -1 (Economic Health & Sustainability) states, "Establish a diverse and sustainable local economy that meets the needs of the community's residents and employers." The proposed text amendment will facilitate the continued ��l operation of small businesses that are ancillary to existing businesses and which provide local employment opportunities. 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 promote and support the goals and policies cited above. B. The proposed text amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 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. Lim EXHIBIT A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., CHAPTER 7, SECTION 22.030 — REGULATION OF NON - CONFORMING USES AND STRUCTURES WHEREAS, on February 6, 2017, the City Council directed staff to proceed with an amendment to Section 22.030 (Regulation of Non - conforming Uses and Structures) of the City of Petaluma Implementing Zoning Ordinance; and WHEREAS, on February 9, 2017, Eric Graven submitted an application to further the direction provided by City Council on February 6, 2017 and requested sad change to the Implementing Zoning Ordinance; and WHEREAS, on February 28, 2017, the Planning Commission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance § 25.050, to consider the application and at which time all interested parties had the opportunity to be heard; and WHEREAS, on February 28, 2017, the Planning Commission considered the staff report dated February 28, 2017, analyzing the application, including the California Environmental Quality Act ( "CEQA ") determination included therein; and WHEREAS, at the conclusion of the Planning Commission's February 28, 2017 public hearing, the Planning Commission adopted Resolution No. 2017 -06, recommending that the City Council adopt the amendment; and WHEREAS, The amendment is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 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 [insert month] [insert day], 2017, a public notice of the [insert month] [insert day], 2017 public hearing before the City Council to consider the amendment was published in the Argus- Courier; and WHEREAS, on [insert month] [insert day], 2017, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendment; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: A. Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission recommends that the City Council adopt the proposed amendment to Implementing Zoning Ordinance §22.030 (Regulation of Non - conforming Uses and Structures), attached hereto as Exhibit A, based on the following findings: Section 1 (FINDINGS): The City Council of the City of Petaluma hereby finds: 1. The proposed amendment to the City's Implementing Zoning Ordinance, as presented in Exhibit A, is in general conformity with the Petaluma General Plan 2025. a. General Plan Policy 1 -P -7 states, "Encourage flexibility in building form and in the nature of activities to allow for innovation and the ability to change over time." The proposed amendment enables an appropriate level of flexibility and adaptability in a particular type of small -scale business in a manner that, on balance, also conforms to separate goals and policies related to improved air quality, safe pedestrian and vehicle circulation, and promotion of sustainable economy, as described below. b. General Plan Goal 5 -G -2 (Motor Vehicle Circulation) states, "Promote the safe movement of people and goods through Petaluma's streets." As proposed, the text amendment includes criteria in furtherance of this goal and which will ensure safety for pedestrians and motorists. c. General Plan Goal 9 -G -1 (Economic Health & Sustainability) states, "Establish a diverse and sustainable local economy that meets the needs of the community's residents and employers." The proposed text amendment will facilitate the continued operation of small businesses that are ancillary to existing businesses and which provide local employment opportunities. 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 promote and support the goals and policies cited above. Section 2 (AMENDMENT): Section 22.030(A) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows (text addition in underline): A. Modifications to Non - Conforming Uses and Structures. A non - conforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a non - conforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have non - conforming setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non - conformity of setbacks and provided further that minimum setback of ten (10) feet are maintained for a principal structure's front and rear setbacks, three (3) feet for a principal structure's side setback, and three (3) feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities). 1. Notwithstanding Subsection 22.030(A), an existing drive -thru non - conforming use utilizing a non - permanent structure that is an ancillary use on its parcel may be relocated to another parcel so long as the use: (a) is otherwise a permitted use on the site; (b) there is no intensification of the drive -thru component of the use; and (c) there are adequate safety provisions for pedestrian and vehicular circulation. The use at the new location shall remain a non - conforming use. q —q Section 3 (EFFECT): 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 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. WAM