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HomeMy WebLinkAboutStaff Report 6.C 07/17/2017DATE: July 17, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Introduction of Zoning Text Amendment to the City of Petaluma Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Table 4.4 (Allowed Land Uses and Pen -nit Requirements for Commercial, Business Park, and Industrial Zones) 1-17.1vu1-W I It is recommended that the City Council introduce an Ordinance approving a Zoning Text Amendment to the City of Petaluma Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Table 4.4 (Allowed Land Uses and Pen -nit Requirements for Commercial, Business Park, and Industrial Zones) to require a Conditional Use Permit for the Recycling Facility use type in the Industrial (1) and Business Park (BP) zoning districts. DISCUSSION Chapter 28 of the Implementing Zoning Ordinance (IZO) defines a "Recycling Facility," as follows: "This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable- materials. Recyclable materials include reusable domestic containers and other materials which can be reconstituted, re -manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials." Presently, the Recycling Facility use type is permitted in the Business Park (BP) and Industrial (1) zoning districts by -right, except that a Conditional Use Permit is required if, "part of the facility is outdoor and adjacent to a sensitive receptor." The proposed Zoning Text Amendment was initiated by the City of Petaluma in response to a recent discussion about a potential commercial -scale Recycling Facility located at 879 Lindberg Lane within the Industrial zone. The recycling facility would have been operated by a commercial refuse/recycling business providing service to the Town of Windsor. The prospect of this project raised concerns, on topics such as: (a) proximity of the property to sensitive receptors; (b) potential for water quality degradation; (c) increase in traffic volumes; (d) increased maintenance cost on public roads; and (e) an increased greenhouse gas emissions. Page 1 On July 11, 2017, the Planning Commission considered. the proposed Zoning Text Amendment and, after closing the public hearing, voted unanimously to forward an approval recommendation to City Council. The resolution and I staff report for the Planning Commission meeting are included at Attachment 2. To staff's knowledge, there is one Recycling Facility, consistent with the IZO use description, located within the City limits. The Petaluma Re -Cycling Center is located at 315 Second Street and, according to their website, they collect, sort and process materials such as aluminum cans, plastic bottles, glass bottles and paper. This facility is located on an approximate 20,000 square foot site and excludes collection services (and accompanying fleet of trucks). The site is also located in the Urban Center (T5) zone and, therefore, subject to the SmartCode (i.e., not IZO development standards). To provide opportunity for discretionary review on a case by case basis for this land use, and in order to address the types of concerns outlined above, it is recommended that IZO Table 4.4 be revised to require a Conditional Use Permit for the Recycling Facility use in both the Business Park (BP) and Industrial (1) Zones. The proposed zoning text amendment is consistent with General Plan policy 10-P-4 which states, in relevant part, "Minimize the risk to life and property from the production, use, storage, and transportation of hazardous materials and waste by complying with all applicable State and local regulations. (C) Establish special zoning designations and environmental review processes that limit the location of industry, research, and business facilities using hazardous materials. Require safe distances between these sites and residential areas, groundwater recharge areas (see Chapter 8: Water Resources), and waterways." The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies to projects which have the potential for causing a significant effect on the environment. The proposed amendments would not allow, either by -right or through a Conditional Use Permit, for any new or different land uses. Therefore, the proposed amendments would not cause a significant effect on the environment. Public notice was published in an eighth page ad in the Argus Courier on July 6, 2017. No specific public comment has been received in response to this public notice as of preparation of this report. Similarly, notice of the July 11th Planning Commission meeting was published in an eighth page ad in the Argus Courier on June 29, 2017. No public comments were received prior to the Planning Commission meeting, and no members from the public attended the July I Ith Planning Commission hearing. Page 2 FINANCIAL IMPACTS There are no financial impacts to the City regarding the proposed zoning text amendment, beyond the staff time to process this agenda report. 1. Ordinance introducing Zoning Text Amendments to IZO Table 4.4 2. Planning Commission Resolution No. 2017-14, Staff Report 3. Redline of Proposed Amendments to Implementing Zoning Ordinance Table 4.4 Page 3 ATTACHMENT I ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4, TABLE 4.4 (ALLOWABLE LAND USES AND • REQUIREMENTS FOR COMMERCIAL, BUSINESS PARK, AND INDUSTRIAL ZONES) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 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, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the application on July 11, 2017, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated July 11, 2017, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Map and Zoning Text Amendments and which in this case has been initiated by the Community Development Director; and WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2017-14, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on July 6, 2017, a public notice of the July 17, 2017 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on July 17, 2017, 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: 1. The proposed amendments to the Implementing Zoning Ordinance Chapter 4, Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones) are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the July 11, 2017 Planning Commission staff report. 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 properly implementing the aforementioned General Plan policies; and 3. The proposed amendments are exempt from the California Environmental Quality Page 1-1 ATTACHMENT 1 Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies to projects which have the potential for causing a significant effect on the environment. The proposed amendments would not allow for — either by - right or through a Conditional Use Permit - any new or different land uses. Therefore, it can be seen with certainty the proposed amendments would not cause a significant effect on the environment; Section 2. Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones) of the City of Petaluma Irnplementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: .. . ..... TABLE,.,444'�`�� ",", cup C- onditib (Us6',Pd'tftitt'R"dq�uir�e'd"" "t 04 "", All d P6hWtR6q Permit RegtiJrement"1'1V1'1,Speccftc Use Land ses and emen S, or', ... .... Regulatlans +oinmeroil, Business ParK, and Industrial hones . AAccessary:Use U 11 rred one 6 t',Requ INDUSTRY, MANUFACTURING & PROCESSING Artisan/craft product manufacturing P P Catering service, as a primary use P(6) P(6) P P Furniture and fixtures manufacturing, cabinet shop — — — P Laboratory - Medical, analytical — P P Laundry, dry cleaning plants — — P Manufacturing/processing - Light — — P P Manufacturing/processing - Medium intensity — — — P Media production — — P P Petroleum produ A storage and distribution — — — CUP Printing and publishing — — P P Recycling facility — — CUP CUP Recycling facility - Scrap and dismantling and — — Research and development — — P P Storage yard- outdoor — — CUP Storage - warehouse, indoor storage Wholesaling and distribution P P LODGING Lodging - Hotel/Motel P cup RECREATION, EDUCATION &-PUBLIC ASSEMBLY Cardroom CUP CUP CUP Chapter 9 Community Meeting Facility P P CUP CUP Commercial recreation - Indoor — CUP CUP Commercial recreation - Outdoor — CUP — — Conference/convention facility — — CUP Fitness/health facility P P P cup Park P P P P Page 1-2 ATTACHMENT 1 School - Elementary, secondary, or college, private — — I CUP — School - Specialized Education and Training P(6) P(6) CUP — Sports ,and entertainment assembly — — — — Studio - Art, dance, martial arts, music, etc. P P P — RESIDENTIAL . < ��� Emergency Shelter — — — P Dwelling, Caretaker — P P Home Occupation A, S(2) A, S(2) — — Section 7.050 Residential care, 7 or more clients CUP(10) CUP(10) — — Residential care, adult CUP(10) CUP(10) — — Residential care, for the chronically ill CUP(10) CUP(10) — — Residential care, for the elderly CUP(10) CUP(10) Residential in mixed use building P(10) P(40) - — Work/Live P(6) P(6) — — fiABLE 4 4 P(16) Permitted Use° 0--diti6nai tJse PerrPit Requ�retl A[Iwed Land Uses and Perms# Regotremenfs for 5 Perrrr�t Re uirement m Speelfrc L se Regulations Commercial, Business Park, and 1nd�ustrtaC Zones AAccessory Use Use Not Allouved . < ��� PerCTli1: RegUiret� �� ZOi12 S 8C1f1G USS* 'AND USE �`YR� 1 �., . ` RETAIL Adult oriented business CUP CUP — — Chapter 10 Artisan Shop P P — — Auto vehical sales and rental — — — — Bar, tavern, night club CUP CUP — — Chapter 8 Building and landscape materials sales - Indoor P P — — Building and landscape materials sales - Outdoor — — — — Gas station P P CUP — General retail P P — — Groceries/specialty foods - 25,000 sf or less P P — — Groceries/specialty foods - More than 25;000 sf P P — — Plant nursery P P — Restaurant, caf6, coffee shop P P P(9) P(9) SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P Bank, financial services P P P — Business support service P P P P Medical services - Health Care Facility P(6) P(6) P — Medical services - Major - — P — Medical services - Minor P(6), (11) P(6), (11) P — Office - Business, service, or government -office- P P P — Headquarters, or processing P(6) P(6) P — Page 1-3 Office - Professional, administrative P P P — SERVICES - GENERAL Adult Day Program P P P — Child Care Center P P P(6) P(6) Child day care - Large Family — — — — Child day care - Small Family A(3) A(3) — — Kennel, animal boarding — — CUP Maintenance/repair service - Client site services — — P P Maintenance/repair service - Equipment, appliances — — — P Meals Assembly Business P(12) P(12) - — Mortuary, funeral home — — — — Personal services P P — — Personal services - Restricted P P — — Public safety facility P P P P Vehicle services - Major repair/body work — — — P Vehicle services - Minor maintenance/repair — — — P Veterinary clinic, animal hospital P(8) P(8) P P TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility P P P P Parking facility, public or commercial CUP CUP — — Telecommunications facility S S S S Section 7.090 & Muni Code 14.44 Utility facility CUP CUP CUP CUP Key to zone symbols: C'1- Commercial 1 BP - Business Park C2 - Commercial 2 1- Industrial Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (14) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (16) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) Page 1-4 ATTACHMENT I Section 3. The Notes at Table 4.1 (Allowable Land Uses and Permit Requirements for Natural and Rural Zones), Table 4.2 (Allowable Land Uses and Permit Requirements for Residential Uses), Table 4.3 (Allowable Land Uses and Permit Requirements for Mixed Use Zones), and Table 4.5 (Allowable Land Uses and Permit Requirements for Civic Facility Zone) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. are hereby amended to read as follows: Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7,040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (14) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (16) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council, Section 7. 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. Page 1-5 0110 ENE Fj RECOMMENDING THE CITY COUNCIL APPROVE A ZONING TEXT AMENDMENT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4, TABLE 4.4 (ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR COMMERCIAL, BUSINESS PARK, AND INDUSTRIAL ZONES) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in pertinent part that no amendment that regulates matters listed in Government Code § 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, pursuant to IZO §25,050, the Planning Commission held a duly noticed public hearing to consider the application on July 11, 2017, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated July 11, 2017, including the California Environmental Qualify Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Map and Zoning Text Amendments and which in this case has been initiated by the Community Development Director. NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows: 1. The proposed amendments to the Implementing Zoning Ordinance Chapter 4, Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones) - are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the July 11, 2017 Planning Commission staff report. 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 properly implemenfing the aforementioned General Plan policies. 3. The proposed amendments, attached hereto as Exhibit 1, are hereby referred to the Petaluma City Council for consideration and findings in accordance with IZO §25.010 and. 25.050. 4. The proposed amendments are exempt from the California Environmental Qualify Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that-CEQA applies to project which have the potential for causing a significant effect on the environment. The proposed amendments would not allow, either by -right or through a Conditional Use Permit, for any new or different land uses. Therefore, if can be seen with certainty the proposed amendments would have cause a significant effect on the environment., ADOPTED this I I th day of July, 2017, by the following vote: Commission Member Aye No Absent Abstain Councilmember Albertson Chair Benedetti- Petnic x Gomez x Bauer x Vice Chair Wolpert x ATTEST: Diana Gomez, Choir APPROVED ASTOFORM: Heather Hines, Commission Secretary Lisa Tnnnenbouno'Assistant City Attorney Planning Commission Resolution No. 2017-14 Page Exhibit I ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 CHAPTER 4, TABLE 4.4 (ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR COMMERCIAL, BUSINESS PARK, AND INDUSTRIAL ZONES) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 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, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the application on July 11, 2017, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated July 11, 2017, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Map and Zoning Text Amendments and which in this case has been initiated by the Community Development Director. WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2017-14, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on July 6, 2017, a public notice of the July 17, 2017 public hearing before the City Council to consider the amendments, was published in the Argus -Courier; and, WHEREAS, on July 17, 2017; 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: 1. The proposed amendments to the Implementing Zoning Ordinance Chapter 4, Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industriaf Zones) are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the July 11, 2017 Planning Commission staff report. 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 properly implementing the aforementioned General Plan policies; and Planning Commission Resolution No. 2017-14 Page 3 3. The proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant t ' o CEQA Guidelines Section 15061(b)(3), which states that CEQA applies to project which have the potential for causing a significant effect on the environment. The proposed amendments would not allow, either by -right or through a Conditional Use Peftnit, for any new or different land uses. Therefore; it can be seen with certainty the proposed amendments would have cause a significant effect on the environment; Section 2. Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: Planning Commission Resolution No. 2017-14 -)--9 Page 4 16)','�" it Pefmi, U se TABLE UP" Conditional Use Permit Required Permit Allowed `Land Uses andO�' itk6'�6k�in6'iifs f6'r Regul;atiop`s oinmerchal, Business Park, and Industrial Zonis ;: A�ccessury use UseNj 6t'A ermi""', ird 6 b� . . .. . Rego d specific Ilse WD VStt,'Y0t-J1) eju a ions-,� INDUSTRY, MANUFACTURING & PROCESSING Artisan/craft product manufacturing P P Catering service, as a primary use P(6) P(6) P p Furniture and fixtures manufacturing, cabinet shop 1D Laboratory - Medical, analytical P P Laundry, dry cleaning plants P Manufacturing/processing - Light P, 1D Man ufacturing/processing - Medium intensity P Media production P P Petroleum product storage and distribution CUP Printing and publishing P P Recycling facility CUP CUP Recycling facility - Scrap and dismantling and Research and development P P Storage yard- outdoor — CUP Storage - warehouse, indoor storage — P Wholesaling and distribution P P LODGING Lodging - Hotel/Motel P CUP RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroorn CUP CUP CUP Chapter 9 Community Meeting Facility 1D P cup cup Commercial recreation - Indoor CUP CUP Commercial recreation 7 Outdoor CUP Conference/convention facility CUP Fitness/health facility 1D 1D P cup Planning Commission Resolution No. 2017-14 -)--9 Page 4 Park P P P P School - Elementary, secondary, or college, private — — CUP — School - Specialized Education and Training P(6) P(6) CUP — Sports and entertainment assembly — — — — Studio -Art, dance, martial arts, music; etc, P P P — RESIDENTIAL Requrre�.by2one' Emergency Shelter — — — P :. Regulations Dwelling, Caretaker — — P P . Adult oriented business Home Occupation A, S(2) A, S(2) - — Section 7.050 Residential care, 7 or more clients CUP(10) CUP(10) — — — — — Residential care, adult CUP(10) CUP(10) — — Chapter 8 Residential care, for the chronically ill CUP(10) CUP(10) — — Building and landscape materials sales -Outdoor Residential care, for the elderly CUP(10) CUP(10) Gas station P Residential in mixed use building P(10) P(10) — — P — — Work/Live P.(6) P(6) — — Planning Commission Resolution No. 2017-14 "a- Page 5 P(16) Permuted Use ` —COP, Conditional Use Perm�f�Requ�red <�' � • Allowed Land Uses andrPermtt Regi�lrernentsr: S � . ,� Permit Requirement rn Specific Use Regulations q Accessory use Commercial, ss,Park, anti lndcistrial Zones. UseNotA lowed. ... ::� �<:Perrtiit Requrre�.by2one' LAND;USETYPE" 1�., ; O <` C2 BP 1, :. Regulations RETAIL Adult oriented business CUP CUP — — Chapter 10 Artisan Shop P P — — Auto vehical sales and rental — — — — Bar, tavern, night club CUP CUP — — Chapter 8 Building and landscape materials sales -Indoor P P — — Building and landscape materials sales -Outdoor Gas station P P CUP — General retail P P — — Groceries/specialty foods - 25,000 sf or less P P — — Groceries/specialty floods - More than 25,000 sf P P — — Plant nursery P P — — Restaurant, cafe, coffee shop P P P(9) P(9) SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P Bank, financial services P P P — Business support service P P . P P Medical services - Health Care Facility P(6) P(6) P — Medical services - Major - — P — Medical services - Minor P(6), (11) P(6), (11) P — Office - Business, service, or government P P P — Planning Commission Resolution No. 2017-14 "a- Page 5 Office - Headquarters, or processing P(6) P(6) P _ Office - Professional, administrative P P P — SERVICES - GENERAL Adult Day Program P P P — Child Care Center P P P(6) P(6) Child day care -Large Family Child day care -Small Family A(3) A(3) _ Kennel, animal boarding _ _ _ CUP Maintenance/repair service - Client site services _ — P P Maintenance/repair service - Equipment, appliances — — — P Meals Assembly Business P(12) P(12) _ — Mortuary, funeral home — — — — Personal services P P — Personal services - Restricted P P _ Public safety facility P P P P Vehicle services - Major repair/body work — v — P Vehicle services - Minor maintenance/repair _ — — P Veterinm clinic, animal hospital P(8) P 8 P P TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility P P P P Parking facility, public or commercial CUP CUP — — Telecommunications facility S S S S Section 7.090 & Muni Code 14.44 Utility facility CUP CUP CUP CUP Key to zone symbols: C1- Commercial 1 BP - Business Park C2 - Commercial 2 1- Industrial . Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as astreet fronting use (12) Allowed only in a shopping center (13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (14) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) Planning Commission Resolution No. 2017-14 — Page 6 (16) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) Section 3. The Notes at Table 4.1 (Allowable Land Uses and Permit Requirements for Natural and Rural Zones), Table 4.2 (Allowable Land Uses and Permit Requirements for Residential Uses), Table 4.3 (Allowable Land Uses and Permit Requirements for Mixed Use Zones), and Table 4.5 (Allowable Land Uses and Permit Requirements for Civic Facility Zone) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. are hereby amended to read as follows: - Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and.Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7,1040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (14) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (16) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) Section 4. 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 5. 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 6. ' Effective Date. This ordinance shall become effective thirty (30) days after the date oflits adoption by the Petaluma City Council, Section 7. PostingTublishing 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. 2017-14 a Page 7 DATE: July 11, 2017 FROM: Heather Hines, Planning Manager AGENDA ITEM NO. 7A SUBJECT: Zoning Text Amendment to the. City of Petaluma Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Table 4.4 (Allowed Land Uses and Permit Requirements -for Commercial, Business Park,. and Industrial Zones) It is recommended that the Planning Commission adopt a resolution recommending that the City Council approve a Zoning Text Amendment to the, Implementing Zoning Ordinance, Table 4.4, to require a Conditional Use Permit for the Recycling Facility use tYPe.in the*Industrial'(1) and Business Park (13P) zoning districts (Attachment A). Chapter 28 of the Implementing Zoning Ordinance (IZO) defines a "Recycling Facility," as follows: "This land use type includes a variety of facilities involved with the collection, sorting and processing.of.recyclable materials. Recyclable materials include reusable domestic containers and other materials which can be reconstituted, re -manufactured, or reused in an. altered form, including glass, metals, paper and plastic. Recyclable. material does not include refuse or hazardous materials." Presently, the Recycling Facility use' e is permitted in the, Business Park (BP) and Industrial t3T (1) 'Zoning districts by -right, except that a Conditional Use Permit is required if,. "part of the facility is outdoor and adjacent to a sensitive receptor." The proposed. Zoning Text Amendment was,initiated by the City of Petaluma in response to a recent discussion about a potential commercial- ' scale Recycling Facility locating at 879 Lindberg Lane. within the Industrial zone. The -recycling facility would have been operated by a commercial refuse/recycling business providing service to the Town of Windsor. The prospect of this project raised concerns, including by City Councilmembers, on topics such as: (a) proximity of the property to sensitive *receptors; (b) potential for water''quality degradation; (c) increase in traffic volumes; (d) increased maintenance cost on public roads and (e) an increased greenhouse ,a-7 Page 1 gas emissions. To staff's knoWledRe, there is one Recycling Facility, consistent with the IZO use description, located within the city limits. The Petaluma Re -Cycling Center is located at 315 Second Street and, according to their Website, they collect, sort and process materials such as aluminum cans, plastic bottles, glas's bottles and paper. This facility is located on an approximate 20,000- square foot site and excludes collection services- (and accompanying fleet of ti-ucks). The site is also located. in the Urban Center (T5) zone . and, therefore, subject to the SmartCode (i.e., not'IZO development, standards). To provide opportunity f6r discretionary review on a case by case basis for this land -use and in order to address the types of concerns outlined above, it is recommended that IZO Table 4.4 ' be revised to require a Conditional Use Permit for the 'Recycling Facility use in both the Business Park (13P) and Industrial (1) Zones. A draft resolution recommending the City Council make this change is included at Attachment A..A redline version of the change is also included at Attachment B. The proposed zoning text amendment is consistent with General Plan policy 10-P-4 which states, in relevant part, "Minimize the risk to life and property from the production, use, storage, and transportation of hazardous materials and waste by complying with. all. applicable State and local regulations. (C) Establish special zoning designations and environmental review processes that Limit the location of industry, research, and business facilities using hazardous materials. Require safe distances between these sites and residential areas, groundwater recharge areas (see Chapter 8: Water Resources), and waterways." The proposed zoning text amendments are exempt from the California Environmental Quality* Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies to project -which have the potential for causing a significant. effect on the environment. The proposed amendments would not allow, either by -right or through a Conditional Use Permit, for any new or different land uses. Therefore, it can be seen with certainty the proposed amendments' would not cause'a significant effect on the environment. Public notice was published in an eighth page ad in the Argus Courier on June 29, 2017. No specific public comment has been received in response to this public. notice as of preparation of this report. Page 2 ATTACHMENTS A. Resolution Recommending Council Approval Amendments to Implementing Zoning Ordinance Table 4.4 B. 'Redline of Proposed Amendments to Implementing Zoning Ordinance Table 4.4 Page 3 ATTACHMENT 3 INDUSTRY, MANUFACTURING& PROCESSING Artisan/craft product manufacturing — — P P Catering service, as a primary use P(6) P(6) P P Furniture and fixtures manufacturing, cabinet shop — — — P Laboratory - Medical, analytical — — P P Laundry, dry cleaning plants — — — P Man ufacturing/processing - Light — — P P Man ufacturin / rocessin - Medium intensity — — — P Media production — — P P Petroleum product storage and distribution — — — CUP Printing and publishing — — P P Recycling facility — — CUP CUP Recycling facility - Scrap and dismantling and — — — — Research and development — — P P Storageyard- outdoor — — — CUP Storage - warehouse, indoor storage — — — P Wholesaling and distribution - — P P LODGING Lodging - Hotel/Motel — P CUP — RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP CUP — Chapter 9 Community Meeting Facility P P CUP CUP Commercial recreation - Indoor — CUP CUP - Commercial recreation - Outdoor — CUP — — Conference/convention facility _ — . CUP — Fitness/health facility P P P CUP Park P P P P School - Elementary, secondary, or college, private — — CUP — School - Specialized Education and Training P(6) P(6) CUP — Sports and entertainment assembly — — — — Studio - Art, dance, martial arts, music, etc. P P P — RESIDENTIAL Emergency Shelter - P Dwelling, Caretaker — — P P Home Occupation A, S(2} A, S(2) I — — I Section 7.050 Page 3-1 ATTACHMENT 3 Residential care, 7 or more clients CUP(10) CUP(10) — — Residential care, adult CUP(10) CUP(10) — Residential care, for the chronically ill CUP(10) CUP(10) — — Residential care, for the elderly CUP(10) CUP(10) Accessory Use Use`IotAliriwed. Residential in mixed use building P(10) P(10) i?ermrt Requrred by Zone Work/Live P(6) P(6) — — 'TABLE 4;4 P(I6) : Permittetl Use ::: CUP Conditional Use Permit. Required .:S AIrwed nand i)ses and Permt,Requtrements for Perrn�t Re uiremeilt lri`Speclfc Use Regulations q Crnmerciaf, Business Park ar>d lndustrta[:,Zor�es ,.. A Accessory Use Use`IotAliriwed. i?ermrt Requrred by Zone Speck Use LANA U'SETY,PE , 1,' . � RETAIL Adult oriented business CUP CUP — Chapter 10 Artisan Shop P P Auto vehical sales and rental — — Bar, tavern, night club CUP CUP' — — Chapter 8 Building and landscape materials sales - Indoor P P — — Building and landscape materials sales - Outdoor — — — — Gas station P P CUP — General retail P P — — Groceries/specialty foods - 25,000 sf or less P P — — Groceries/specialty foods - More than 25,000 sf P P — e Plant nursery P P — — Restaurant, cafe, coffee shop P P P(g) P(9) SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P Bank, financial services P P P _ Business support service P P P P Medical services - Health Care Facility P(6) P(6) P — Medical services - Major — _ P — Medical services - Minor P(6), P(611(4-) P _ Office - Business, service, or government p P P — Office - Headquarters, or processing P(6) P(6) P — Office - Professional, administrative P P P — SERVICES –GENERAL Adult Day Program P P P — Child Care Center P P P(6) P(6) Child day care - Large Family — — — — Child day care - Small Family A(3) A(3) — — Kennel, animal boarding — — — CUP Maintenance/repair service - Client site services — — P P Maintenance/repair service - Equipment, appliances — — P Page 3-2 ATTACHMENT 3 Meals Assembly Business P(43) ('1) PO- (12) — — Mortuary, funeral home — — — — Personal services P P — — Personal services - Restricted P P — — Public safety facility P P P P Vehicle services - Major repair/body work — — — P Vehicle services- Minor maintenance/repair — — — P Veterinary clinic, animal hospital P(8) P 8 P P TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility P P P P Parking facility, public or commercial CUP CUP — — Telecommunications facility S S S S Section 7.090 & Muni Code 14.44 Utility facility CUP CUP CUP CUP Key to zone symbols: C1- Commercial 1 BP - Business Park C2 - Commercial 2 1- Industrial Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor { fP ef�tao- °s-outd,,,�� ,,,,,,s ,�„�++ ., �.�� •+$v speer (42 f 1) Urgent care facilities may be located on the ground floor as a street fronting use (4-3 12) Allowed only in a shopping center (44 13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (4 14)Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (46 15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (=1616) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) Page 3-3