HomeMy WebLinkAboutOrdinance 2674 N.C.S. 11/19/20181
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EFFECTIVE DATE ORDINANCE NO. 2674 N.C.S.
OF ORDINANCE
December 19, 2018
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Introduced by Seconded by
Kathy Miller Dave King
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
TEXT OF SECTION 7.110 (SHORT TERM VACATION RENTALS) OF THE CITY'S
IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S.
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance ("IZO")
provides in pertinent part that no amendment that regulates matters listed in Government
Section 65850, which matters include the use and construction of buildings and structures, shall
be made to the IZO unless the Planning Commission and City Council find the amendments to
be in conformity with the General Plan and consistent with the public necessity, convenience,
and general welfare in accordance with Section 25.050(B) of the IZO; and
WHEREAS, on September 14, 2015 the City Council adopted Ordinance No. 2547 N.C.S.
creating the Short -Term Vacation Rental Program ("Program") codified in Section 7.110 of the
IZO; and
WHEREAS, as adopted, Paragraph (M) of Section 7.110 established a sunset or expiration
date of December 31, 2018 on which Section 7.110 would expire and no longer remain in effect
unless extended or modified and extended by the City Council; and
WHEREAS, on September 17, 2018 the City Council discussed the Program and provided
feedback to staff to extend the sunset date in paragraph (M) of Section 7.110 to December 31,
2020 and to make other minor modifications to Section 7.110; and
WHEREAS, the text amendments to Section 7.110 of the IZO that are contained in this
Ordinance implement the City Council's direction to modify the Short -Term Vacation Rentals
regulations in the City's IZO; and
WHEREAS, on September 27, 2018, public notice of a public hearing at the October 9,
2018 Planning Commission meeting to consider the proposed amendments to Section 7.110 of
the IZO as directed by the City Council was published in the Argus Courier as an eighth page
ad; and
WHEREAS, on October 9, 2018, the Planning Commission held a duly noticed public
hearing in accordance with Chapter 25 of the IZO to consider the proposed amendments to
Section 7.110 of the IZO; and
Ordinance No. 2674 N.C.S.
Page 1
WHEREAS, after the conclusion of the public hearing, the Planning Commission adopted
Resolution No. 2018-30, recommending the City Council adopt the proposed amendments to
Section 7.110 of the IZO; and
WHEREAS, on October 18, 2018, public notice of a November 5, 2018 public hearing
before the City Council to consider the proposed amendments to Section 7.110 of the IZO was
published in the Argus -Courier as an eighth page ad; and
WHEREAS, on November 5, 2018, the City Council of the City of Petaluma held a duly
noticed public hearing to consider proposed amendments to Section 7.110 of the IZO;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Sectionl: Findings. The City Council of the City of Petaluma hereby finds:
1. The text amendments contained in Section 2 of this Ordinance are exempt
from the California Environmental Quality Act ("CEQA") pursuant to Sections
15061(b) (3) and 15183 of the CEQA Guidelines in that the proposed text
amendments are minor modifications to existing regulations that will only
apply to specific locations and uses as governed by the Implementing Zoning
Ordinance ("IZO"), Ordinance No. 2300 N.C.S.
2. In accordance with Sections 25.010 and 25.050(8) of the IZO, the proposed
amendments to the IZO contained in Section 2are in general conformity with
the Petaluma General Plan 2025 in that the amendments do not change the
general character or impacts of current zoning regulations and implement
the General Plan as outlined in the October 9, 2018 Planning Commission staff
report, which staff report is hereby made a part of this Ordinance by
reference.
3. In accordance with Section 25.050(B) of the IZO, the proposed amendments
to the IZO are consistent with the public necessity, convenience, and welfare
in that they update and clarify existing regulations and remove identified
obstacles to the implementation of the zoning code, which implements the
policies of the General Plan.
Section 2. Amendments to IZO Section 7.110. The following provisions of Section 7.110 of the
IZO, Ordinance 2300 N.C.S., are hereby modified as specified below:
Provision (C) (5) of Section 7.110 of the IZO is hereby amended to read as follows:
C.S. Advertising Short -Term Rentals. In every advertisement for the Short -Term
Vacation Rental, the Permittee shall include the City issued Permit
Number. It is a violation of this code to advertise a unit that does not
have a valid short-term vacation rental permit.
Provision (F) of Section 7.110 of the IZO is hereby amended to read as follows:
F. Short -Term Vacation Rentals in Planned Unit Developments. A permit shall
be issued for a short-term vacation rental in a residential Planned Unit
Development unless said PUD guidelines explicitly prohibit short-term
vacation rentals. Consistency with CC&Rs or other private covenants shall
Ordinance No. 2674 N.C.S. Page 2
be the responsibility of the permittee and are not regulated by the City as
part of the permitting process.
Provision (M) of Section 7.110 of the IZO is hereby amended to read as follows:
M. Sunset. Unless otherwise extended or modified and extended by action
of the City Council, this Ordinance shall expire, and its terms shall no
longer remain in effect as of midnight, December 31, 2020,
Section 3 No Other Changes. Except as amended herein, the City of Petaluma
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S, remains unchanged
and in full force and effect.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise
invalid by a court of competent jurisdiction or preempted by state legislation,
such decision or legislation shall not affect the validity of the remaining portions f
this ordinance. The City Council of the City of Petaluma hereby declares that it
would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful, or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the
date of its adoption by the Petaluma City Council,
Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to publish or post
this ordinance or a synopsis for the period and in a manner provided by the City
Charter and other applicable law.
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30 INTRODUCED, and ordered posted/published, this 5th day of November 2018,
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32 ADOPTED this 19th day of November 2018, by the following vote:
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34 Ayes: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller
35 Noes: None
36 Abstain: None
37 Absent: None
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ATTEST:
Claire Cooper, City Clerk
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David Glass, Mayor
APPROVED AS TO FORM:
Ordinance No. 2674 N.C.S. Page 3