HomeMy WebLinkAboutPlanning Commission Resolution 2017-06 02/28/2017RESOLUTION 2017 -06
CITY OF PETALUMA 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 operation of small
businesses that are ancillary to existing businesses and which provide local employment
opportunities.
Planning Commission Resolution No. 2017 -06 Page 1
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.
ADOPTED this 28th day of February, 2017, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Albertson
X
Benedetti-Petnic
X
Chair Gomez
X
Lin
X
Vice Chair Marzo
X
Pierre
X
Wolpert
X
Diana Gome-z-"Chair
ATTEST: APPROVED AS TO FORM:
g,y
eather Hines, C mission Secretary Lisa Tennenbaum, Assistant City Attorney
Planning Commission Resolution No. 2017-06 Page 2
Exhibit 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 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 -6, 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 [month] [day], 2017, a public notice of the [month] [day], 2017 public
hearing before the City Council to consider the amendment was published in the Argus- Courier;
and
WHEREAS, on [month] [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
Planning Commission Resolution No. 2017 -06 Page 3
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.
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 (SEVERABIUIY): 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
Planning Commission Resolution No. 2017 -06 Page 4
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.
Planning Commission Resolution No. 2017 -06 Page 5