HomeMy WebLinkAboutPlanning Commission Resolution 2018-30 10/09/2018RESOLUTION 2018-30
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF
THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S.,
TO MODIFY CHAPTER 7.110 (SHORT-TERM VACATION RENTALS)
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 approved Ordinance No. 2547 creating the
Short Term Vacation Rental program; and
WHEREAS, the adopted program outlined in Implementing Zoning Ordinance Section 7.110
included subsection 7.11 O.M with a sunset on December 31, 2018 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 extend the sunset clause to December 31, 2020 and make other minor modifications to the
ordinance; and
WHEREAS, the text amendments contained in Exhibit 1 to this resolution implement the City
Council's direction and modifies the City's Implementing Zoning Ordinance, Chapter 7.110 (Short -Term
Vacation Rentals); and
WHEREAS, the text amendments contained in Exhibit 1 provide clarification and minor
modifications to the short-term vacation rental program including extension of the sunset of the
program to December 31, 2020; and
WHEREAS, on September 27, 2018, public notice of the October 9, 2018 Planning Commission
meeting to consider the amendments 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 Implementing Zoning Ordinance to consider the amendments.
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:
1, The above recitals are hereby declared to be true and correct and are incorporated into
the resolution as findings of the Petaluma Planning Commission.
2. The text amendments contained in Exhibit 1 to this resolution, which exhibit is hereby made a
part of this resolution for the purposes, are exempt from CEQA pursuant to Sections
15061 (b) (3) and 15183 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.
3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments to the IZO as
contained in Exhibit 1 are in general conformity with the Petaluma General Plan 2025 in that
these amendments do not change the general character or impacts of current zoning
Planning Commission Resolution No. 2018-30 Page 1
regulations and implement the General Plan as outlined in the October 9, 2018 Planning
Commission staff report.
4. In accordance with Section 25.050(B) of the IZO, the proposed amendments 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.
5. The proposed amendments attached hereto as Exhibit 1, are hereby recommended to the
Petaluma City Council for consideration and findings in accordance with Sections 25.010
and 25.050 of the City's Implementing Zoning Ordinance.
ADOPTED this 9th day of October, 2018, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember Healy
X
Chair Marzo
X
Vice Chair Alonso
X
Bauer
X
Benedetti-Petnic
X
Gomez
X
Wolpert
X
ATTEST:
i
Heather Hines, Commission Secretary
77
•" ichard Marzo, Chair
APPROVED AS TO FORM:
Lisa Tennenbaum, Assistant City Attorney
Planning Commission Resolution No. 2018-30 Page 2
Exhibit 1
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO
MODIFY CHAPTER 7.110 (SHORT TERM VACATION RENTALS)
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 approved Ordinance No. 2547 creating
the Short Term Vacation Rental program; and
WHEREAS, the adopted program outlined in Implementing Zoning Ordinance Section 7.110
included subsection 7.110.M with a sunset on December 31, 2018 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 extend the sunset clause to December 31, 2020 and make other minor modifications to the
ordinance; and
WHEREAS, the text amendments contained in Exhibit 1 to this resolution implement the City
Council's direction and modifies the City's Implementing Zoning Ordinance, Chapter 7.110 (Short -
Term Vacation Rentals); and
WHEREAS, the text amendments contained in Exhibit 1 provide clarification and minor
modifications to the short-term vacation rental program including extension of the sunset of the program
to December 31, 2020; and
WHEREAS, on September 27, 2018, public notice of the October 9, 2018 Planning Commission
meeting to consider the amendments 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 Implementing Zoning Ordinance to consider the amendments.
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
Resolution No. 2018 -XX, recommending the City Council adopt the amendments; and
WHEREAS, on XXX XX, 2018, the public notice of the XXX XX, 2018 public hearing before
the City Council to consider the amendments was published in the Argus Courier; and
WHEREAS, on XXX XX, 2018, 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:
Planning Commission Resolution No. 2018-30 Page 3
The text amendments contained in Exhibit 1 to this resolution, which exhibit is hereby made
a part of this resolution for the purposes, are exempt from CEQA pursuant to Sections
15061(b)(3) and 15183 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,
2. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing
Zoning Ordinance, Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments
to the IZO as contained in Exhibit 1 are in general conformity with the Petaluma
General Plan 2025 in that these amendments do not change the general character or
impacts of current zoning regulations and implement the General Plan as outlined in
the October 9, 2108 Planning Commission staff report.
3. In accordance with Section 25.050(B) of the IZO, the proposed amendments 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. Section 7.110.C.5 shall be 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.
Section 7.110Y shall be amended to read as follows:
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 be the responsibility of the permittee and are not regulated by the City as part of the
permitting process.
Section 7.110.M shall be 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 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 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.
Planning Commission Resolution No. 2018-30 Page 4
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 a mariner provided by the City Charter and
other applicable law.
Planning Commission Resolution No. 2018-30 Page 5