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Home My WebLink AboutOrdinance 2721 N.C.S. 03/16/2020EFFECTIVE DATE ORDINANCE NO. 2721 N.C.S. OF ORDINANCE April 16, 2020 1 Introduced by Seconded by 2 3 4 Mike Healy Dave King 5 6 7 8 9 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA 10 UPHOLDING THE APPEAL FILED BY LOMAS-CORONA, LLC, OVERTURNING THE PLANNING 11 COMMISSION'S DENIAL, AND AMENDING THE TEXT OF THE IMPLEMENTING ZONING 12 ORDINANCE, ORDINANCE 2300 N.C.S., TABLE 4.3 (ALLOWED LAND USES AND 13 PERMIT REQUIREMENTS FOR MIXED USE ZONES) 14 15 WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in 16 pertinent part that no amendment that regulates matters listed in Government Code §65850 shall be 17 made to the IZO unless the Planning Commission and City Council find the amendment to be in 18 conformity with the General Plan; and 19 20 WHEREAS, recently adopted citywide goals include efforts to create diverse housing 21 opportunities for all Petalumans; and 22 23 WHEREAS, at their Housing Workshop on July 29, 2019, the City Council provided feedback to 24 consider zoning changes to remove barriers from housing production; and 25 26 WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public 27 hearing to consider the zoning text amendment on November 12, 2019, at which time all interested 28 parties had the opportunity to be heard; and 29 30 WHEREAS, at their meeting on November 12, 2019 the Planning Commission continued the item 31 to a date certain of November 19, 2019 and directed staff to return with a resolution to deny the 32 Zoning Text Amendment; and 33 34 WHEREAS, on November 13, 2019 the applicant submitted a request to withdraw the Zoning 35 Text Amendment; and 36 37 WHEREAS, the Planning Commission held a duly noticed public hearing to consider the project 38 on November 19, 2019 and approved Resolution No. 2019-17 recommending City Council approval 39 of the Mitigated Negative Declaration, Resolution No. 2019-18 recommending City Council denial of 40 the Development Agreement, Resolution No. 2019-19 recommending City Council denial of the 41 Density Bonus, and Resolution No. 2019-20 recommending City Council Denial of the Tentative 42 Subdivision Map with findings that the project is inconsistent with General Plan 2025 and the SMART 43 Station Master Plan; and 44 45 WHEREAS, subsequent to the November 19, 2019 Planning Commission the applicant 46 requested reinstatement of the Zoning Text Amendment as part of the final consideration of the Ordinance No. 2721 N.C.S. Page 1 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 44 45 46 47 48 49 50 51 52 53 54 project; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the zoning text amendment on January 14, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff reports dated November 12, 2019 and January 14, 2020, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, at their meeting on January 14, 2020 the Planning Commission approved Resolution No. 2020-01 denying the Zoning Text Amendment; and WHEREAS, in accordance with IZO Section 25.050(B), a Planning Commission denial of a proposed zoning amendment shall terminate the proceedings unless such decision is appealed to the City Council; and WHEREAS, on January 15, 2020 the applicant submitted an appeal of the Planning Commission's denial of the Zoning Text Amendment; and WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated by the applicant; and WHEREAS, on January 16, 2019, a public notice of the January 27, 2020 public hearing before the City Council to consider the amendment was published as an eighth page ad in the Argus -Courier and mailed to all properties within a 1,000 foot radius of the project site; and WHEREAS, on January 27, 2020, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendment and continued the item to a date certain of February 10, 2020; and WHEREAS, the February 10, 2020 City Council meeting was cancelled; and WHEREAS, on February 13, 2020, a public notice of the February 24, 2020 public hearing before the City Council to consider the amendment was published as an eighth page ad in the Argus -Courier and mailed to all properties within a 1,000 foot radius of the project site; and WHEREAS, the City Council of the City of Petaluma held a duly noticed public hearing on February 24, 2020 to consider the amendment. 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: The proposed amendments to the Implementing Zoning Ordinance Table 4.3 to conditionally allow single family residential use in the MU 1 B zoning district when part of a residential project is adjacent to an existing or planned SMART rail station at a density of 26 units or greater are in general conformity with the Petaluma General Plan 2025 and the Station Area Master Plan in that the amendments implement the policies of the Petaluma General Plan and key recommendations from the Station Area Plan, as described in the November 12, 2019 Planning Commission staff report. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of essential housing for Petaluma residents including a range of housing types and Ordinance No. 2721 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 44 45 46 47 48 49 50 51 52 53 54 income levels adjacent to planned transit stations, and facilitate the construction of the planned second SMART station implementing the policies of the General Plan. 3. An Initial Study was prepared in compliance with the California Environmental Quality Act for the proposed project, inclusive of the proposed zoning text amendments. It was determined that the proposed project could result in potentially significant impacts related to Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions, Hazards, Hydrology, Noise, and Utilities. However, the Initial Study found that project impacts would be mitigated to a less -than -significant level through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. The City Council approved Resolution No. XX on February 24, 2020 approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. Section 2: Table 4.3 (Allowable Land Uses and Permit Requirements for Mixed Use Zones) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: Ordinance No. 2721 N.C.S. Page 3 Mixed Use Zones 2 3 TABLE 4.3 Allowed Land Uses and Permit Requirements for Mixed Use Zones P(16) Permitted Use CUP Conditional Use Permit Required S Permit Requirement in Specific Use Regulations A Accessory Use — use Not Allowed LAND USE TYPE (1) Permit Required by Zone Specific Use Regulations MUTT--F MU1BMU1C MU2 INDUSTRY, MANUFACTURING & PROCESSING Artisan/craft product manufacturing P P — CUP(6) Catering service, as a primary use P(6) P — P(6) Furniture and fixture manufacturing, cabinet making — P — — Laboratory - Medical, analytical — P — — Manufacturing, light — P(14) — — Media production P(6) P — P(6) Printing and publishing Research and development P(6) — P — P — P(6) — LODGING Lodging - Short-Term Vacation Rentals P(15) P(15) P(15) P(15) Section 7.110 Lodging - Bed & breakfast inn (B&B) — — — P Lodging - Hotel/Motel P P — P RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP — CUP Chapter Community Meeting Facility CUP CUP CUP CUP Commercial recreation- Indoor CUP CUP — P(6) Fitness/health facility P P — P Library, museum, art gallery P P — P Park P P P P School-Elementary, secondary, or college, private CUP CUP CUP CUP School-Specialized Education and Training CUP CUP — CUP Studio - Art, dance, martial arts, music, etc. P P — P Theater, cinema or performing arts CUP CUP — Theater District CUP Ord. 2158 RESIDENTIAL Dwelling, Multiple CUP CUP P — Dwelling, Accessory — — A,S — Section 7.030 Dwelling, Junior Accessory — — A,S — Section 7.035 Dwelling, Single — CUP(16) P — Home Occupation A,S(2) A,S(2) A,S(2) A,S(2) Section 7,050 Residential care, 7 or more clients P(10) P(10) P CUP(10) Residential care facility, adult P(6) P(6) — CUP(10) Residential care facility, for the chronically ill P(6) P(6) — CUP(10) Residential care facility, for the elderly P(6) P(6) — CUP(10) Residential in mixed use building P(10) P(10) P(10) I P(10) Work/Live P(6) P(6) P P(6) Ordinance No. 2721 N.C.S. Page 4 TABLE 4.3 Allowed Land Uses and Permit Requirements for Mixed Use Zones P(16) CUP S A — Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory Use Use Not Allowed LAND USE TYPE (1) Permit Required by Zone use Regulations -I—Specific MU1A MU1B MU1C MU2 RETAIL Adult oriented business CUP CUP — CUP Chapter 10 Artisan Shop P P — P Auto parts sales P P — — Bar, tavern, night club CUP CUP — CUP Chapter 8 Building and landscape materials sales - Indoor P P — P Gas station CUP CUP — — General retail P P — P Groceries/specialty foods - 25,000 sf or less P P — P Groceries/specialty foods - More than 25,000 sf P P — — Plant nursery P P — — Restaurant, cafe, coffee shop P P CUP P SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P Bank, financial services P P — P Business support service P P — P Medical services - Health Care Facility P(6) P(6) — P(6) Medical services - Major P P — P Medical services - Minor P(6), (11) P(6), (11) P P(6), (11) Office - government P P P P(6) Office - Headquarters, or processing P(6) P — P(6) Office - Professional, administrative I P P P P(6) SERVICES -GENERAL Adult Day Program CUP CUP CUP P Child Care Center P(6) P(6) — P(6) Child day care - Large Family — — A(4) — Section 7.060 Child day care - Small Family A(3) A(3) A(3) A(3) Kennel, animal boarding — CUP — — Meals Assembly Business P(12) — — — Mortuary, funeral home CUP — — — Personal services P P — P Personal services - Restricted P P — P Public safety facility P P P P Vehicle services - Minor maintenance/repair — P — CUP Veterinary clinic, animal hospital P(8) P(8) — P(8) 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 Ordinance No. 2721 N.C.S. Page 5 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 Key to zone symbols MU1A - Mixed Use 1A MU1C - Mixed Use 1C MU1B • Mixed Use 1B MU2 • Mixed Use 2 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 a 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) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (14) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (15) Short-term vacation rental permit, business license and transient occupancy tax certificate required (section 7,110 of IZO) (16) Conditionally allowed as part of residential project adjacent to a planned SMART station and at a minium density of 26 units/acre Section 5: 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 6: 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 7: Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council; except that, approval by the SMART Board and the City Council of an agreement between SMART and the City obligating SMART to design and build a second Petaluma SMART station at the corner of McDowell Boulevard and Corona Road shall be a condition precedent to this ordinance taking effect. Absent such approval by the SMART Board and the City Council, this ordinance shall be of no force or effect. Section 8: 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. Ordinance No. 2721 N.C.S. 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 44 45 46 47 48 49 50 INTRODUCED and ordered posted/published, this 24th day of February 2020. ADOPTED this 16th day of March 2020, by the following vote: Ayes: Healy, Kearney, King, Miller Noes: Mayor Barrett, Vice Mayor, Fischer, McDonnell Abstain: None Absent: None Teresa Barrett, Mayor ATTEST: APPROVED AS TO FORM: Claire Cooper, CMC, City Cle Eric Danly, Citi Attorney Ordinance No. 2721 N.C.S. Page 7