HomeMy WebLinkAboutOrdinance 2729 N.C.S. 05/18/2020EFFECTIVE DATE ORDINANCE NO. 2729 N.C.S.
OF ORDINANCE
June 18, 2020
1 Introduced by Seconded by
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4 Kevin McDonnell Kathy Miller
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7 AMENDING THE TEXT OF THE SMARTCODE, ORDINANCE NO. 2470 N.C.S., TO MODIFY SECTION
8 1.10.010 (APPLICABILITY OF CODE STANDARDS), TABLE 3.1 (ALLOWED BUILDING FUNCTIONS
9 AND PERMIT REQUIREMENTS), SECTION 4.70.040 (BUILDING MATERIAL GUIDELINES), AND
10 SECTION 9.10.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) TO PROVIDE
11 CLARITY ON LAND USE LIMITATIONS AND PROCEDURAL REQUIREMENTS
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14 WHEREAS, the text amendments contained in Exhibit 1 to this ordinance would modify the
15 following sections of the City's SmartCode Ordinance 2470 N.C.S.: Section 1.10.010 (Applicability of
16 Code Standards), Table 3.1 (Allowed Building Functions and Permit Requirements), Section 4.70.040
17 (Building Material Guidelines), and Section 9.10.020 (Definitions of Specialized Terms and Phrases);
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20 WHEREAS, the text amendments contained in Exhibit 1 would provide clarification and minor
21 updates common to address changing trends in land use and construction and to more effectively
22 use the SmartCode to implement City policy as adopted in the Petaluma General Plan and Central
23 Petaluma Specific Plan; and
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25 WHEREAS, on February 27, public notice of the March 10, 2020 Planning Commission meeting
26 to consider the amendments was published in the Argus -Courier as an eighth page ad; and
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28 WHEREAS, pursuant to IZO Section 25.050, the Planning Commission held a duly noticed public
29 hearing to consider the zoning text amendments on March 10, 2020, at which time all interested
30 parties had the opportunity to be heard; and
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32 WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
33 Resolution No. 2020-04, recommending the City Council adopt the amendments; and
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35 WHEREAS, on April 23, 2020, public notice of the May 4, 2020 public hearing before the City
36 Council to consider the amendments was published in the Argus -Courier in accordance with
37 Government Code Section 65090; and
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39 WHEREAS, on May 4, 2020, the City Council of the City of Petaluma held a duly noticed
40 public hearing to consider the amendments.
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42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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44 Section 1: Findings. The City Council of the City of Petaluma hereby finds:
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46 1. The text amendments contained in Exhibit 1 to this ordinance, which exhibit is hereby made
Ordinance No. 2729 N.C.S. Page 1
1 a part of this resolution for all purposes, are exempt from CEQA pursuant to Sections
2 15061(b) (3) and 15183 in that the proposed text amendments are minor modifications to
3 existing regulations that will only apply to specific locations and uses as governed by the
4 SmartCode.
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7 2. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning
8 Ordinance, Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments to the
9 SmartCode as contained in Exhibit 1 are in general conformity with the Petaluma General
10 Plan 2025 in that these amendments do not change the general character or impacts of
11 current zoning regulations and implement the General Plan as outlined in the March 10, 2020
12 Planning Commission staff report, which is incorporated into this ordinance by this reference.
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14 3. In accordance with Section 25.050(B) of the IZO, the proposed amendments are consistent
15 with the public necessity, convenience, and welfare in that they update and clarify existing
16 regulations, provide greater flexibility in assigning designations to current land uses, and
17 remove identified obstacles to the implementation of the zoning code, which implements
18 the policies of the General Plan.
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20 Section 2: Section 1.10.010 of the SmartCode, Ordinance No. 2470 N.C.S. is hereby amended to
21 read as follows:
33 H. Design Review. All buildings and associated site improvements within the Central
24 Petaluma Specific Plan boundaries are subject to Site Plan and Architectural
25 Review and approval, as outlined in Petaluma Implementing Zoning Ordinance
26 Section 24.010. Refer to the Architectural Guidelines (Appendix "B" of the Central
27 Petaluma Specific Plan) for example illustrations and information on architectural
28 character in the Specific Pian area.
29 Section 3: Table 3.1 of the SmartCode, Ordinance No. 2470 N.C.S. is replaced by Exhibit 1 to this
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ordinance.
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32 Section 4:
Section 4.70.040 of the SmartCode, Ordinance No. 2470 N.C.S. is hereby amended to
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read as follows:
ND.
CALGreen Requirements. Building shall meet or exceed the current requirements
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of the adopted local Building Code and any associated Reach Codes.
37 Section 5:
Section 9.10.020 of the SmartCode, Ordinance No. 2470 N.C.S. is amended to read as
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follows:
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Artisan/Craft Product Manufacturing. An establishment manufacturing and/or
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assembling small products primarily by hand, including jewelry, pottery and other
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ceramics, as well as small glass and metal art and craft products. Includes
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taxidermists. May also include small scale artisan food and beverage product
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manufacturing and affiliated tasting rooms.
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Bar/Tavern. A business where alcoholic beverages are sold for on-site consumption,
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which are not part of a larger restaurant. Includes bars, taverns, pubs and similar
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establishments where any food service is subordinate to the sale of alcoholic
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beverages. May also include beer brewing as part of a microbrewery, and other
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beverage tasting facilities. Does not include adult entertainment businesses. Does not
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include tasting rooms that are limited to a sole manufacturer.
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Food and Beverage Product Manufacturing. Manufacturing establishments
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producing foods and beverages for human consumption, and certain related
Ordinance No. 2729 N.C.S. Page 2
I products. Examples of these uses include:
2 bottling plants; breweries; candy, sugar and confectionery products manufacturing;
3 catering services separate from stores or restaurants; coffee roasting; dairy products
4 manufacturing; fats and oil product manufacturing; fruit and vegetable canning,
5 preserving, related processing; grain mill products and by-products; meat, poultry
6 and seafood canning, curing, byproduct processing; soft drink production;
7 miscellaneous food item preparation from raw products; wineries.
8 Does not includes: bakeries, which are separately defined; beer brewing as part of a
9 brewpub, bar or restaurant (see "Bar/Tavern," and "Night Club"); or tasting rooms.
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Tasting Room. A facility or portion of a facility that supports a small-scale artisan craft
brewery, distillery, or winery. The tasting room shall only serve and/or sell those
beverages produced by the operating manufacturer and may operate at a
separate location from the production facilities if under a duplicate ABC license type.
The tasting room must also comply with all applicable ABC and State regulations for
wine, beer and distilled spirit manufacturers and tasting rooms.
Section 6: Except as amended herein, the SmartCode, Ordinance No. 2470 N.C.S. remains
unchanged and in full force and effect.
Section 7: 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 8: Effective Date. This Ordinance shall become effective thirty (30) days after the date
of its adoption by the Petaluma City Council.
Section 9: 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.
INTRODUCED and ordered posted this 4th day of May 2020.
ADOPTED this 18th day of May 2020 by the following vote:
Ayes:
42 Noes:
43 Abstain
44 Absent:
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Vice Mayor Fischer, King, McDonnell, Miller
None
Mayor Barrett, Healy, Kearney
None
v
D'Lynda Fischer, Vice Mayor
Ordinance No. 2729 N.C.S. Page 3
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ATTEST:
Claire Cooper, CMC, City Clerk
APPROVED AS TO FORM:
Eric Danly, City Attorney
Ordinance No. 2729 N.C.S.
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