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HomeMy WebLinkAboutStaff Report 3.D 07/06/200931 32 33 34 35 36 37 38 39 40 41 42 43 3. July 6, 2009 EFFECTIVE DATE ORDINANCE NO. 2337 N.C.S. OF ORDINANCE Introduced by Seconded by ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 2.08 OF THE PETALUMA MUNICIPAL CODE GOVERNING THE PLANNING COMMISSION AND REPEALING CHAPTER 2.50 OF THE PETALUMA MUNICIPAL CODE GOVERNING THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE TO CONSOLIDATE PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION WHEREAS, Article VI11, Section 55 of the Petaluma Charter authorizes the City Council to establish such commissions as shall be necessary for the effective accomplishment of municipal business, provided that a member of the City Council shall be a member of each commission, commissioners' terms shall not exceed four years, and commissioners that have served continuously for six years shall not be reappointed until at least one year has elapsed after the expiration of the sixth year of service; and, WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to combine the duties of the Planning Commission and Site Plan and Architectural Review Committee into a single, reconstituted Planning Commission in order to streamline, expedite and enhance the processing and consideration of development applications in the City of Petaluma; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Section 2.08.010 entitled "Established - Membership - Terms" of Chapter 2.08 entitled "Planning Commission" of Title 2, "Administration" of the Petaluma Municipal Code is amended to read as follows: 2.08.020 Established - Membership - Terms A planning commission consisting of seven members is established for this city. One of the members of the commission shall be a member of, and selected by, the city council; the remaining members of the commission shall be appointed by duly adopted resolution of the city council and must have resided in the city not less than one year prior to their appointments. The member of the commission selected from the city council shall serve until the thirty-first day of January after the appointment and until a successor qualifies and is seated, or until he/she ceases to be a member of the city council, whichever first occurs. Terms of office for each of Ordinance No. 2337 N.C.S. Page l the other members of the commission hereafter appointed shall be four years; except that, terms of up to 3 appointees may be of a lesser duration as the Council may deem necessary and appropriate so that commissioners' terms are staggered. Subject to and without limiting the authority of the City Council to establish and reconstitute subordinate bodies in accordance with Article VIII, Section 55 of the City Charter, and other applicable law, any appointed member may be removed by a vote of five members of the council. Section 2. Section 2.08.020 entitled "Duties" of Chapter 2.08 entitled "Planning Commission" of Title 2, "Administration" of the Petaluma Municipal Code is hereby amended to read as follows: 2.08.020 Duties The planning commission shall perform the duties prescribed in the present or any future zoning ordinance (Title 21) or subdivision regulations (Title 20) of the city or any similar ordinance, statute, rule or regulation of the state, county or this city pertaining to the districting or zoning or dividing of the city into districts or zones or regulating the construction of improvements, or the use, division or subdivision of property within the city. The planning commission shall also have the duty of studying the needs of the city with respect to and advising and recommending the council concerning the establishment, modification and change of zones or districts and designation of the uses to which property contained therein may be prohibited, restricted or regulated. The planning commission shall also perform the duties prescribed in the zoning ordinance of the city or other ordinance, statute, rule or regulation of the state, county or this city pertaining to securing of compliance with the zoning ordinance and promoting orderly and harmonious development within the city. The commission shall also perform the duties designated and delegated by the city council with respect to site design and architectural review matters. The commission shall also have and perform the powers and duties hereafter designated and delegated by the city council. Section 3, All current seats on the planning commission are declared vacant; except that, each sitting commissioner shall continue to serve until his or her successor qualifies and is seated. Section 4. Chapter 2.50 entitled "Site Plan and Architectural Review Committee" of Title 2 "Administration" of the Petaluma Municipal Code is hereby repealed in its entirety. Unless and until otherwise provided by duly adopted amendment to the Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., the Central Petaluma Specific Plan, Resolution No. 2003- 105 N.C.S., and/or other land use -related laws, ordinances, regulations or policies applicable in the City of Petaluma, references to the "Site Plan and Architectural Review Committee" or "SPARC" in Petaluma land -use related ordinances, regulations and policies shall mean the planning commission. Section 5. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the activity may have a significant impact an the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 6. 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 Ordinance No. 2337 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 7. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 8. 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 any other applicable law. INTRODUCED and order posted/published this 151h day of June, 2009. ADOPTED this day of 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Pamela Torliatt, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, City Clerk Eric Donly, City Attorney 1243783.1 Ordinance No. 2337 N.C.S. Page 3 EFFECTIVE DATE ORDINANCE NO. 2338 N.C.S. OF ORDINANCE Introduced by Seconded by ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SPECIFIED SECTIONS OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Council to establish such commissions as shall be necessary for the effective accomplishment of municipal business, provided that a member of the City Council shall be a member of each commission, commissioners' terms shall not exceed four years, and commissioners that hove served continuously for six years shall not be reappointed until at least one year has elapsed after the expiration of the sixth year of service; and, WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to combine the duties of the Planning Commission and Site Plan and Architectural Review Committee into a single, reconstituted Planning Commission in order to streamline, expedite and enhance the processing and consideration of development applications in the City of Petaluma; and, FINDINGS WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments contained in this ordinance to the City's Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S. are in general conformity with the Petaluma General Plan and any applicable plans, and that the public necessity, convenience and general welfare require or clearly permit the adoption of the proposed amendments. NOW THEREFORE, be it ordained by the Council of the City of Petaluma as follows: Section I I. The provisions specified below of the Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. adopted June 2, 2008 and effective July 2, 2008 are hereby amended in accordance with the following: Section 7.090 - Telecommunications Facilities - paragraph (C)(4) - is amended to read as follows: Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101. Ordinance No. 2338 N.C.S. Page 1 Section 11.063 Power of the Zoning Administrator (Director) to Modify Requirements - paragraph (A) - is amended to read as follows: Compact spaces may be proposed as set forth within the adopted City standards, subject to review and approval of the Planning Commission. Section 11.070 - Standards for Off -Street Automobile Parking Facilities paragraph (1) - is amended to read as follows: Parking Stall Size. Parking stall size shall be determined by the Planning Commission in the Site Plan and Architectural Review Procedures and Guidelines. Section 15.020 - Powers and Duties of the Planning Commission and Historic and Cultural Preservation Committee - paragraph (13)(4) - is amended to read as follows: The Historic and Cultural Preservation Committee shall consist of the membership of the Planning Commission and two additional members, one representing the Petaluma Historical Museum and one representing Heritage Homes of Petaluma. Section 16.060 - Single Lot Development - paragraph (C) - is amended to read as follows: Site Plan and Architectural Review. Planning Commission approval is required for new development in the South Hills and West Hills. Section 16.060 Single Lot Development - paragraph (E) - is amended to read as follows: Exception to Required Setback. An exception to the setback required by the underlying zoning district may be provided for as follows: 1. Primary Structure. A primary structure may encroach into a required setback for a distance of not more than one-half of the required setback, subject to approval by the Planning Commission, if it can be found that the decrease minimizes the impact of hillside development and grading and is consistent with the guidelines contained in this chapter. If such a reduction is granted, a compensating increase in setback is required in the opposing setback. For example, a five-foot (5') reduction in a front setback would increase the rear setback by five feet (5'). 2. Required Covered Parking. Required covered parking may encroach into a required front and/or side yard setback if the decrease minimizes the impact of hillside development and grading and is consistent with the guidelines contained in this chapter. Findings Required: When the Planning Commission approves a reduction in the required setback, findings to support the granting of the exception shall be provided. Section 16.060 - Single Lot Development - paragraph (F) - is amended to read as follows: Additional Setback Required. In order to protect significant natural resources or to reduce visual prominence of a proposed development, the Planning Commission may require building setback(s) that exceed(s) the required setback of the underlying zoning district. Ordinance No. 2338 N.C.S. Page 2 Section 16.060 - Single Lot Development - paragraph (G) - is amended to read as follows: Exception to Retaining Wall Height (Section 13.050). For projects subject to Section 16.060, a maximum exposed retaining wall height of 5 feet (5') may be permitted with Planning Commission approval. Section 16.060- Single Lot Development- paragraph (H) is amended to read as follows., Site Design. The following site design guidelines shall be taken into consideration and incorporated into the design of a hillside lot whenever possible. Conformance with these guidelines will be determined by the Planning Commission. 1. Development patterns that form visually protruding or steeply cut slopes for roads or lots should be avoided. 2. Building pads, including spaces leveled for foundations and the grading for driveways and yards, should be as small as possible. 3. Building construction and related site grading should not significantly disturb any ephemeral or perennial watercourse on the site. 4. Buildings should be located to take advantage of existing vegetation for screening. Section 16.060 - Single Lot Development - paragraph (1) is amended to read as follows: Architectural Design. The following architectural design guidelines shall be taken into consideration and incorporated into the design of a hillside lot whenever possible. Conformance with these guidelines will be determined by the Planning Commission as part of project review. 1. Design buildings to conform to the natural topography and hillside setting of the site; to follow the contours of the site; and to blend with the existing terrain in order to reduce bulk and mass. 2. Scale structures to fit the surroundings, and not visually dominate the landscape. The apparent size of exterior wall surfaces visible from off site may be minimized through the use of single story elements, split level foundations, varying setbacks and structure heights, and landscaping, all designed to break up massive forms. 3. Design buildings to minimize bulk, mass and volume. 4. Bulk and Mass. Bulk and mass should be minimized when developing o hillside parcel. The following methods may be used to minimize the bulk and mass of a building. a. Keep building forms simple (see Figures 16.1 and 16.2) b. Avoid architectural styles that are inherently viewed as massive and bulky. C. Utilize grading cuts, rather than fills, to create building pads. d. Excavate or use below -grade rooms to reduce effective bulk. The visual area of the building can be minimized through a combined use of grading and landscaping techniques. Earth sheltered buildings and "living roofs" are encouraged. e. Exposed understory stem walls should not exceed 5' and should be finished with visually recessive, earth -toned materials. f. Step the building foundation and roofs with the natural slope (see Figures 16.1 and 16.2). g. Use horizontal and vertical building components to reduce bulk. h. Avoid two story wall planes. Ordinance No. 2338 N,C.S. Page 3 i. Step back the second story so the difference in wall planes is visible from a distance. j. Vary elevations, such as stepping back second stories, to conform with topography. k. Avoid overhanging decks, large staircases, and patios farmed by retaining walls that make buildings appear more massive (see Figure 16.3). 1. Avoid use of solid wall railings that add to the mass of the design. M. Create light and shadow by providing modest overhangs, projections, alcoves and plan offsefs. n. Use a combination of siding materials and articulate walls to reduce expansive, continuous planes. o. Use vaulted ceilings rather than high walls and ceilings to attics above to achieve a feeling of volume. 5. Calors and Materials. The following methods may be used to reduce the visibility of hillside development: a. Use subdued and unobtrusive exterior finish materials and colors for all structures. b. Minimize the use of reflective material. C. E=arth tones and colors that occur naturally in the Petaluma hills are encouraged. d. Structures should not call undue attention to themselves when viewed from a public vantage point. 6. Roofs. a. Break roof forms and rooflines into smaller building components to reflect the irregular forms of surrounding natural features (see Figures 16.12 and 16.2). b. Generally orient the slope of the main roof in the same direction as the natural slope of the terrain (see Figures 16.1 and 16.2). C. Avoid large gable ends on downhill elevations. d. Reflective roofing materials are discouraged. Section 16.060 - Single Lot Development - paragraph (J) is amended to read as follows: Process. As prescribed by Section 24.010 (Site Plan and Architectural Review). Section 17.060 -- Tree Removal - paragraph (13)(3) is amended to read as follows: Development Projects - If a project applicant chooses to remove trees from a development site the project applicant will be required to replace the tree or trees. Refer to the "Tree Technical Manual" for approved forms of the tree replacement. On projects where Planning Commission/City Council approval is not required, replacement will be at the direction of the Community Development Director. For development projects that require Planning Commission/Cify Council approval, protected trees authorized for removal will be addressed as part of the development conditions of approval. The approving body shall be the deciding factor on appropriate replacement and the project will be conditioned accordingly. Section 18.020 - Applicability is amended to read as follows: The provisions of this ordinance shall apply to any project that receives any required entitlement approvals (tentative map, rezoning or prezoning, General Plan amendment and related environmental determination) from the Planning Commission and City Council after the effective date of this ordinance. If a building permit is only required and none of the circumstances listed in this Section apply to the application, then the Ordinance No, 2338 N.C.S. Page 4 building permit must be issued for the project prior to the effective date of this ordinance. However, when a development agreement or some other agreement authorized by the City Manager is in place that clearly establishes provisions for the payment of in -lieu fees, said project may be exempt from the requirements of this ordinance. Section 18.090- Compliance - paragraph (13)(3) is amended to read as follows: The art work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other setting so as to complement the site and its surroundings and shall be consistent with any corresponding action of the Planning Commission or City Council as it may relate to any development entitlements; Section 19.040- P.U.D. District Procedures - paragraph (E)(4) is amended to read as follows: Minor Modification to Approved Unit Development Pian. As determined by the Director, modification which is minor in nature and clearly inconsequential may be made administratively or, in the judgment of the Director, may be referred to the Planning Commission for review and approval. Minor modification includes modification to unit architecture and site design so long as no significant alteration to road alignment is made and no increase in unit yield results. Up to 20% of the individual dwelling units in residential P.U.D.'s may be substituted for other previously approved units if the resulting substitutions do not substantially alter the intent of the P.U.D. as originally approved. Section 24.010 - Site Plan and Architectural Review - paragraph (B) is amended to read as follows: Administrative Site Plan and Architectural Review, The Director may grant administrative site plan and architectural approval for nonproduction residential units in approved subdivisions of five or more lots, all residential developments of less than five units, and all minor additions or modifications to industrial, commercial or office buildings, or may refer said development proposals to the Planning Commission. For purposes of this section, the term "nonproduction residential units" shall mean houses not substantially similar to other houses within view of one another as determined by the Director, or houses within a subdivision where the same floor plan or exterior design is used less than three times. Section 24.010-- Site Plan and Architectural Review -paragraph (F) is amended to read as follows: Procedure. On matters to be reviewed by the Planning Commission, or when the Director refers an application to the Planning Commission with recommendations, the applicant shall be so notified and a hearing date shall be established. On the date for said hearing, the Planning Commission shall consider the Director's report and any additional staff comment and shall permit the applicant or any other affected person to present any evidence which the Planning Commission deems to be relevant to said applicant. The Planning Commission shall approve, disapprove, or approve with modifications projects for which the Planning Commission is the entitling body, or recommend approval, disapproval, or approval with modifications or give other appropriate recommendation to the City Council, concerning projects for which the Planning Commission is an advisory body. Ordinance No. 2338 N.C.S. Page 5 Section 24.010-- Site Plan and Architectural Review -paragraph (G)(2) is amended to read as follows: Landscaping to approved City standards shall be required on the site and shall be in keeping with the character or design of the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission, Section 24.030- Conditional Use Permits - paragraph A is amended to read as follows: Purpose. The purpose of the conditional use permit is to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner. In addition to the review described herein, any proposed conditional use shall be subject to site standards set forth in Section 24.010 (Site Plan and Architectural Review). Additional application shall be required and additional fee shall be charged for site plan and architectural review. Section 24.030- Conditional Use Permits -paragraph B is amended to read as follows: Application. Application for a conditional use permit shall be made by the property owner or certified agent thereof to the Planning Commission on a form prescribed for this purpose by the City of Petaluma and shall be accompanied by such additional documents or supporting material as may be required for review of the proposed use, including where appropriate, the plans, drawings, and information to permit a site plan and architectural review in accordance with the procedure in Section 24.010.(E) (Investigation and Report). Section 24.070.6(1) -- Appeals is amended to read as follows: Appeal Subjects and Jurisdiction. A decision on an administrative site plan and architectural review application or historic and cultural preservation application may be appealed to the Planning Commission. Section 24.070- Appeals - paragraph (6}(5}, is amended to read as follows, and paragraph (13)(6) is deleted. 5. A decision by the Planning Commission may be appealed to City Council. Section 2. 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 if 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 3. The City Council finds that adopfion of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the activity may have a significant impact on the environment) and 15060(c)(3) (the activity is not a Ordinance No. 2338 N.C.S. Page 6 1 7 3 4 5 6 7 8 9 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. 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 any other applicable law. INTRODUCED and ordered posted/published this 15th day of June 2009. ADOPTED this day of July 2009 by the following vote: AYES: NOES, ABSENT: ABSTAIN: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Ordinance No, 2338 N.C.S. Page 7 1 2 3 4 5 6 7 8 9 10 11 EFFECTIVE DATE ORDINANCE NO. 2339 N.C.S. OF ORDINANCE Introduced by Seconded by ORDINANCE OF THE CITY OF PETALUMA AMENDING SPECIFIED SECTIONS OF THE SMARTCODE11, ORDINANCE 2152 N.C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION WHEREAS, Article Vlll, Section 55 of the Petaluma Charter authorizes the City Council to establish such commissions as shall be necessary for the effective accomplishment of municipal business, provided that a member of the City Council shall be a member of each commission, commissioners' terms shall not exceed four years, and commissioners that have served continuously for six years shall not be reappointed until at least one year has elapsed after the expiration of the sixth year of service; and, WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to combine the duties of the Planning Commission and Site Plan and Architectural Review Committee into a single, reconstituted Planning Commission in order to streamline, expedite and enhance the processing and consideration of development applications in the City of Petaluma; and, FINDINGS WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments contained in this ordinance to the City's SmartCode©, Ordinance no. 2152 N.C.S. are in general conformity with the Petaluma General Plan and any applicable plans, and that the public necessity, convenience and general welfare require or clearly permit the adoption of the proposed amendments. NOW THEREFORE, be it ordained by the Council of the City of Petaluma as follows: Section 1. The SmartCodec, Ordinance No. 2152 N.C.S., is hereby amended as follows: Section 1.10.010 -- Applicability of Code Standards -- paragraph (H) is amended to read as follows: Design Review. All buildings and associated site improvements within this Specific Plan are subject to design review by the Planning Commission. Refer to the Architectural Guidelines (Appendix "B" of the Specific Plan) for example illustrations and information on architectural character in the Specific Pian area. 10T 0.1RTiC.iaMIINVAIC)rO 1111561 M Page 1 Section 4.20.010 - Building Height Exception in T6 Zone - is amended to read as follows: The maximum building height in fhe T6 zone shall be 4 stories, unless the Planning Commission is able to make the following findings to allow up to two more stories (a total maximum of 6 stories): A. That the additional height makes a positive contribution to the overall character of the area and will be compatible with its surroundings. B. That the additional height will not result in unreasonable restrictions of light and air to adjacent properties or the public right-of-way, or otherwise be detrimental to the public health, safety and welfare. C. That the additional height will support other policies and standards of the Specific Plan and will result in a better overall project. The first paragraph of Section 6.10.050 - Parking Design and Development Standards - Is amended to read as follows: Required parking areas shall be designed and constructed as follows, and in compliance with the guidelines of the Planning Commission. The standards of this Section may be modified by the Planning Commission where it determines that alternative parking designs and standards will more appropriately relate to the operating characteristics of the proposed development or new land use, while being equally effective in providing parking areas that are safe, convenient, use land efficiently, and are aesthetically attractive. Section 9 - Glossary (Historic and Cultural Preservation Committee) - is amended to read as follows: Historical and Cultural Preservation Committee. The Historical and Cultural Preservation Committee established by, and with powers and duties assigned by the Implementing Zoning Ordinance Chapter 15 (Preservation of the Cultural and Historic Environment). The Historical and Cultural Preservation Committee consists of the membership of the Planning Commission, plus one member representing the Petaluma Historical Museum, and one member representing Heritage Homes of Petaluma. Section 2. 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 ail provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 3. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 4. This ordinance shall become effective thirty (30) days offer the date of its adoption by the Petaluma City Council. Ordinance No. 2339 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 5, 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 any other applicable law. INTRODUCED and ordered posted/published this 151n day of June, 2009. ADOPTED this day of 2049 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Pamela Torliatt, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, City Clerk Eric Danly, City Attorney 1246564.1 Ordinance No, 2339 N.C.S. Page 3