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HomeMy WebLinkAboutStaff Report 5.C 07/06/2009o CITY OF PETALUMA, CALIFORNIA July 6, 2009 .AGENDA BILL Agenda Title: Discussion and Possible Introduction (First Reading) of Meetine Date: July 6, 2009 Ordinance Amending Chapter 24 Entitled "Amendments" of. the Implementing Zoning Ordinance, Ordinance No. 2300N.C.S., to Clarify the Meeting Time: 7:00 PM Review of Proposed Zoning Amendments by the Planning Commission Cateaorv: ❑ Presentation ❑ Appointments ❑ Consent ❑ Public Hearing ❑ Unfinished Business ® New Business Department: Director: Contact Person: Phone Number: City Manager John Brown John Brown 778-4347 Total Cost of Proposal or Project: N/A Name of Fund: N/A Account Number: N/A Amount Budgeted: N/A Current Fund Balance: N/A Recommendation: It is recommended that the City Council, take the following action: If the proposed ordinance meets the Council's intentions regarding review of proposed zoning amendments by the Planning Commission, introduce the Ordinance. I . ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment 3. ❑ Other action requiring special notice: Notice has been given, see Attachment Summary Statement: On June 15th, 2009 the Council introduced legislation to consolidate the functions of the Planning Commission and SPARC. That legislation is slated for adoption on July 6`", if the Council so acts. The Council has indicated its intention to clarify the nature of zoning ordinance amendments which are within the purview of the planning commission. The proposed ordinance amends the IZO to provide that only -those future amendments which deal with the matters covered by Government Code section 65850, and any others which the Council in its discretion wishes to refer to the Planning Commission, will be heard at the Planning Commission before proceeding to City Council for final action. The matters covered by Government Code section 65850 include, generally, regulation of land uses and zones, building and structure characteristics, size and use of lots, lot coverage, land use intensity, building setbacks, signs and billboards and the creation of civic districts around civic and public buildings. Attachments to Agenda Packet Item: 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 25 ENTITLED "AMENDMENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., TO CLARIFY THE REVIEW OF PROPOSED ZONING AMENDMENTS BY THE PLANNING COMMISSION Reviewed by Finance Director: Reviewed by City Attornev: Approve _ _ ana2er: Date: Date: _6_.30_.09 _ Date: Rev. # Date Last Revised: File: 126001 CITY OF PETALUMA, CALIFORNIA JULY 6, 2009 AGENDA REPORT FOR DISCUSSION AND POSSIBLE INTRODUCTION OF ORDINANCE (FIRST READING) OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 25 ENTITLED "AMENDMENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., TO CLARIFY THE REVIEW OF PROPOSED ZONING AMENDMENTS BY THE PLANNING COMMISSION RECOMMENDATION: If the proposed ordinance meets the Council's intentions regarding review of proposed zoning amendments by the Planning Commission, introduce the Ordinance. 2. BACKGROUND: On June 15th, 2009 the Council introduced legislation to consolidate the functions of the Planning Commission and SPARC. That legislation is slated for adoption on July 6`h, if the Council so acts. The Council has indicated its intention to clarify the nature of zoning ordinance amendments which are within the purview of the planning commission. 3. DISCUSSION: The proposed ordinance amends the IZO to provide that only those future amendments which deal with the matters covered by Government Code section 65850, and any others which the Council in its discretion wishes to refer to the Planning Commission, will be heard at the Planning Commission before proceeding to City Council for final action. The matters covered by Government Code section 65850 include, generally, regulation of land uses and zones, building and structure characteristics, size and use of lots, lot coverage, land use intensity, building setbacks, signs and billboards and the creation of civic districts around civic and public buildings. 4. FINANCIAL IMPACTS: None. 12600.16.2 EFFECTIVE DATE ORDINANCE NO. XXXX N.C.S. OF ORDINANCE 1 Introduced by Seconded by 2 3 4 xxxxx xxxxx 5 6 7 8 ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 25 9 ENTITLED "AMENDMENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 10 2300 N.C.S., TO CLARIFY THE REVIEW OF PROPOSED ZONING AMENDMENTS BY THE 11 PLANNING COMMISSION 12 13 14 WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Council to 15 establish such commissions as shall be necessary for the effective accomplishment of municipal 16 business, provided that a member of the City Council shall be a member of each commission, 17 commissioners' terms shall not exceed four years, and commissioners that have served 18 continuously for six years shall not be reappointed until at least one year has elapsed after the 19 expiration of the sixth year of service; and 20 21 WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to 22 combine the duties of the Planning Commission and Site Plan and Architectural Review 23 Committee into a single, reconstituted Planning Commission in order to streamline, expedite and 24 enhance the processing and consideration of development applications in the City of 25 Petaluma; and 26 27 WHEREAS, on June 15, 2009, the City Council of the City of Petaluma introduced: 28 Ordinance No. 2337 amending Chapter 2.08 and repealing Chapter 2.50 of the Petaluma 29 Municipal Code to abolish the Site Plan and Architectural Review Committee and add site plan 30 and architectural.review responsibilities to the duties of a reconstituted Planning Commission; 31 and Ordinance No. 2338 amending specified provisions of the Implementing Zoning Ordinance 32 and Ordinance No. 2339 amending specified provisions of the SmartCode© to implement the 33 consolidation of Planning Commission and site plan and architectural review duties in a newly 34 reconstituted Plannina Commission; and 35 v 36 FINDINGS 37 38 WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments 39 contained in this ordinance to the City's Implementing Zoning Ordinance, Ordinance No. 2300 40 N.C.S., are in general conformity with the Petaluma General Plan and any applicable plans, and 41 that the public necessity, convenience and general welfare require or clearly permit the 42 adoption of the proposed amendments; 43 44 Ordinance No. XXXX N.C.S. 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 2 FOLLOWS: 3 4 Section 1. Section 25.010, "Amendment" of the Implementing Zoning Ordinance, 5 Ordinance no. 2300 N.C.S., is hereby amended to read as follows: 6 7 This Ordinance may be amended by changing the boundaries of any district or by 8 changing any other provision thereof whenever the, public necessity and convenience and 9 general welfare require such amendment. No amendment to provisions of this ordinance that 1'n r,=ni IIr,+P mat+arz IicfArl in (-.n\/Prnmo-n f (-nriiP gprfion A,;R5n n from f imp fn f imi= ('1mo-n('1P-ri, $hall y,",. __.. _ __ 11 be made unless the Planning 'Commission and the City Council find the amendment to be in 12 conformity with the Genera_ I Plan, The City Council, ,in its sole discretion, -may direct that 13 amendments to provisions of this Ordinance that regulate matters other than those listed in 14 Government Code section 65850,,as from time to time amended, be submitted to the Planning 15 Commission for a finding of conformity with the General Plan. 16 17 Section 2. Section 25.040; "Investigation and Report" of the Implementing Zoning 18 Ordinance, Ordinance No. 2300 N.C.S., is hereby amended Jo read as follows: 19 20 The Zoning Administrator (Director) shall make; an -investigation of the proposed 21 amendment and shallprepare a report thereon which shall be submitted to the City body or 22 bodies with jurisdiction over the proposed amendment. 23 24 Section 3. The title and first sentence of Section 25,050, currently entitled "Public 25 Hearings" of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby 26 amended to read as follows - 27 28 25.050 - Public Hearings of the Planning Commission 29 For proposed amendments subject'to Planning Commission review in accordance with 30 section 25.010, the Planning Commission shall hold a public hearing in accordance with this 31• section. 32 33 Section 4. A new Section 25.065, entitled "Public Hearings of the City Council" is hereby 34 added to read as follows: 35 36 25.065 - Public Hearings of the City Council 37 The City Council shall hold, public hearings in accordance with this section to consider 38 proposed amendments subject to,Planning Commission review in accordance with section 39 25.010. The City Council may, in its sole discretion, hold public hearings in accordance with this 40section on proposed amendments for which Planning Commission review is not required in 41 accordance with section 25.010. 42- 43 A. Notice of public hearing. Notice of the time and place of the hearing shall be 44 published in a newspaper of -general circulation in he City of Petaluma, at least ten (10) days 45 prior to said public hearing, or by mailing, postage prepaid, a notice of the time and place of 46 the hearing to all persons whose names appear on the last adopted tax roll of Sonoma County 47 as owning property within five hundred (500) feet of the boundaries of the property that is the 48 subject of the hearing. 49 50 B. Action by the City Council at conclusion of hearing. If, at the conclusion of the 51 hearing, the City Council finds the amendment to be in conformance with the findings specified 52 in section 25.070, the City Council may adopt the amendment. 191 Ordinance No. XXXX N.C.S. 1 2 Section 5. Section 25.080, "Changes by City Council" of the Implementing Zoning 3 Ordinance, Ordinance No. 2300 N.C.S., is hereby amended to read as follows: 4 5 If the City Council proposes'to alter a proposed zoning amendment recommended by 6 the Planning Commission, or to alter or adopt an amendment which has been denied by the 7 Planning Commission, or to. alter a proposed zoning amendment for which Planning Commission 8 review is not'required in accordance with section 25:010, the City Council, in its sole discretion, 9 may either: refer the proposed altered amendment backto the Planning Commission for report 10 and recommendation before adoption, or adopt the proposed aitered amendment. Failure of 11 the Planning Commission "to report'to the City Council within thirty (30) days of the City Council's 12 referral shall be deemed approval by the Planning Commission of the proposed amendment. 13 14 Section 6.. The City Council finds that adoption of this ordinance is exempt from the 15 California Environmental Quality .Act .(" CEQA"), pursuant to Sections 15061(b) (3) (no possibility 16 that the activity may have a significant impact on the environment) and 15060(c)(3) (.the 17 activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 18 of the California Code of Regulations).. 19 20 Section 7. If any section, subsection, sentence, clause, phrase or word of this ordinance 21 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 22 competent jurisdiction or preempted'by state legislation, such decision or legislation shall not 23 affect the validity of the'remaining portions of this ordinance. The City Council of the City of 24 Petaluma hereby declares; thdt'it would have.passed and adopted this ordinance and each 25 and, al'I provisions thereof irrespective of the fact that any one or more of said provisions be 26 declared unconstitutional,.unlawful or otherwise invalid. 27 28 Section8. This ordinance'shall become effective thirty (30) days after the date of its '29 adoption by the Petaluma City Council. 30 31 Section 9. The City Clerk is hereby directed to publish. or post this ordinance or a synopsis 32 for the period and'in the manner provided by the City Charter and any other applicable law. 33 34 35 INTRODUCED and ordered posted/published this XXth day of XXXX, 200X. 36 37 ADOPTED this XX1h day of XXXX 20OX by the following vote: 38 39 AYES: 40 NOES: 41 ABSENT: 42 ABSTAIN: 43 44 45 46 Ordinance No. XXXX N.C.S. 1 2 3 4 5 ATTEST: 6 7 8 9 Claire Cooper, City Clerk 10 11 1259641.3 Pamela Torliatt, Mayor APPROVED AS TO FORM: Eric Danly, City Attorney Ordinance No. XXXX N.C.S.