HomeMy WebLinkAboutOrdinance 2745 N.C.S. 10/21/2020ORDINANCE NO. 2745 N.C.S.
1 Introduced by Seconded by
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4 Gabe Kearney Mike Healy
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8 ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING THE TEXT OF THE
9 IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY SECTION 24.010
10 (SPAR EXPIRATION)
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12 WHEREAS, applicant Rich Coombs submitted an application for a Zoning Text Amendment to
13 modify Implementing Zoning Ordinance (IZO) Section 24.010 to allow for approval of extended
14 expiration for certain Site Plan and Architectural Review projects; and
15 WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
16 provides in pertinent part that no amendment that regulates matters listed in Government Section
17 65850, which matters include the use and construction of buildings and structures, shall be made to
18 the IZO unless the Planning Commission and City Council find the amendments to be in conformity
19 with the General Plan and consistent with the public necessity, convenience, and general welfare in
20 accordance with Section 25.050(8) of the IZO; and
21 WHEREAS, the text amendments contained in Section 2 and Section 3 of this ordinance
22 modify the City's Implementing Zoning Ordinance Section 24.010; and
23 WHEREAS, the text amendments contained in Section 2 of this ordinance would provide
24 minor updates to provide for the Planning Commission's option to approve an extended expiration
25 of SPAR permits for housing projects up to a maximum of 4 years to recognize that many projects
26 require complex coordination in advance of vertical construction of the project and to implement
27 City policy as adopted in the Petaluma General Plan for quality development within the City; and
28 WHEREAS, the text amendments contained in Section 3 of this ordinance eliminate provisions
29 for reactivation of SPAR permits that expired in July 31, 2012; and
30 WHEREAS, on July 16, 2020, public notice of the July 28, 2020 Planning Commission meeting to
31 consider the amendments was published in the Argus Courier as an eighth page ad; and
32 WHEREAS, on July 28, 2020, the Planning Commission held a duly noticed public hearing in
33 accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments;
34 and
35 WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
36 Resolution No. 2020-12 recommending the City Council adopt the amendments; and
37 WHEREAS, on September 3, 2020, the public notice of the September 14, 2020 public hearing
38 before the City Council to consider the amendments was published in the Argus Courier as an eight
39 page ad; and
Ordinance No. 2745 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
October 21, 2020
ORDINANCE NO. 2745 N.C.S.
1 Introduced by Seconded by
2
3
4 Gabe Kearney Mike Healy
5
6
7
8 ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING THE TEXT OF THE
9 IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY SECTION 24.010
10 (SPAR EXPIRATION)
11
12 WHEREAS, applicant Rich Coombs submitted an application for a Zoning Text Amendment to
13 modify Implementing Zoning Ordinance (IZO) Section 24.010 to allow for approval of extended
14 expiration for certain Site Plan and Architectural Review projects; and
15 WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
16 provides in pertinent part that no amendment that regulates matters listed in Government Section
17 65850, which matters include the use and construction of buildings and structures, shall be made to
18 the IZO unless the Planning Commission and City Council find the amendments to be in conformity
19 with the General Plan and consistent with the public necessity, convenience, and general welfare in
20 accordance with Section 25.050(8) of the IZO; and
21 WHEREAS, the text amendments contained in Section 2 and Section 3 of this ordinance
22 modify the City's Implementing Zoning Ordinance Section 24.010; and
23 WHEREAS, the text amendments contained in Section 2 of this ordinance would provide
24 minor updates to provide for the Planning Commission's option to approve an extended expiration
25 of SPAR permits for housing projects up to a maximum of 4 years to recognize that many projects
26 require complex coordination in advance of vertical construction of the project and to implement
27 City policy as adopted in the Petaluma General Plan for quality development within the City; and
28 WHEREAS, the text amendments contained in Section 3 of this ordinance eliminate provisions
29 for reactivation of SPAR permits that expired in July 31, 2012; and
30 WHEREAS, on July 16, 2020, public notice of the July 28, 2020 Planning Commission meeting to
31 consider the amendments was published in the Argus Courier as an eighth page ad; and
32 WHEREAS, on July 28, 2020, the Planning Commission held a duly noticed public hearing in
33 accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments;
34 and
35 WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
36 Resolution No. 2020-12 recommending the City Council adopt the amendments; and
37 WHEREAS, on September 3, 2020, the public notice of the September 14, 2020 public hearing
38 before the City Council to consider the amendments was published in the Argus Courier as an eight
39 page ad; and
Ordinance No. 2745 N.C.S. Page 1
1 WHEREAS, on September 14, 2020, the City Council of the City of Petaluma held a duly
2 noticed public hearing to consider the amendments; and
3 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
4 Section 1: Findings. The City Council of the City of Petaluma hereby finds:
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6 1. The above recitals are hereby declared to be true and correct and are incorporated
7 into the resolution as findings of the City Council.
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9 2. The text amendments contained in Section 2 and Section 3 of this ordinance, which
10 exhibit is hereby made a part of this ordinance for the purposes, are exempt from CEQA
11 pursuant to Sections 15061(b) (3) in that the proposed text amendments are minor
12 modifications to existing regulations that only apply the expiration of permits as governed
13 by the Implementing Zoning Ordinance.
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15 3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning
16 Ordinance, Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments to the IZO as
17 contained in Exhibit 1 are in general conformity with the Petaluma General Plan 2025 in
18 that these amendments do not change the general character or impacts of current
19 zoning regulations and implement the General Plan as outlined in the July 28, 2020
20 Planning Commission staff report.
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22 4. In accordance with Section 25.050(B) of the IZO, the proposed amendments are
23 consistent with the public necessity, convenience, and welfare in that they update and
24 clarify existing regulations, provide greater flexibility for approving extended expiration
25 for housing projects, and remove identified obstacles to the implementation of the
26 zoning code, which implements the policies of the General Plan.
27 Section 2. Paragraph I entitled "Expiration of Permits," Paragraph J entitled "Extended Expiration
28 for Housing," and paragraph K entitled "Extension of Time," of Section 24.010 (Site Plan and
29 Architectural Review) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300
30 N.C.S. are hereby amended to read in their entirety as follows:
31 24.010- Site Plan and Architectural Review
32 I. Expiration of Permits. Site Plan and Architectural Review approval shall automatically
33 expire twelve (12) months after approval unless the permit has been exercised, an
34 extended expiration has been approved consistent with subsection J., or unless an
35 extension of time is approved in compliance with subsection K. The approval shall not
36 be deemed "exercised" until the permittee has commenced the approved use on the
37 site in compliance with the conditions of approval or an application for building permit
38 has been submitted in compliance with the conditions of approval. The approval shall
39 remain valid after it has been exercised as long as a building permit remains active or
40 a final building inspection or certificate of occupancy has been granted. Upon
41 expiration of Site Plan and Architectural Review approval, no further work shall be done
42 on the site until a new approval is first obtained.
43 J. Extended Expiration for Housing. An extended expiration of up to a maximum of four
44 years may be approved by the Planning Commission upon recommendation by the
45 Director for housing projects that require additional time to obtain regulatory permits,
46 begin public improvements, or necessitate other significant coordination prior to
Ordinance No. 2745 N.C.S. Page 2
1 commencement of vertical construction. Any extended expiration must be approved
2 with the initial SPAR permit and shall not be in addition to the 12 month expiration
3 called for in subsection I above. Approval of an extended expiration with the original
4 SPAR permit precludes issuance of an extension of time consistent with subsection K
5 unless the extended expiration is approved as less than four year. At no time shall the
6 SPAR expiration, inclusive of both the extended expiration and any applicable
7 extensions, exceed a total of four years.
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9 K. Extension of Time. Upon submittal of an application to the Community Development
10 Department on a form prescribed for this purpose by the Department, the Director
11 may extend the time limit established in subsection 24.010.1 for Site Plan and
12 Architectural Review approval.
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14 1. The application filed shall include a written request for an extension of time and shall
15 be filed at least 30 days prior to the expiration of the Site Plan and Architectural Review
16 approval, together with the filing fee required by the adopted Fee Schedule.
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18 2. The Director shall determine whether the applicant has made a good faith effort to
19 exercise the approval. The applicant shall provide substantial evidence that
20 circumstances beyond the control of the applicant have created an inability to
21 commence the use or apply for a building permit within the time period in subsection
22 24.010.1. For purposes of this subsection only, such circumstances may include but are
23 not limited to financial hardship, temporary delay or unavailability of funding,
24 unanticipated delays in securing necessary property rights for the project and/or
25 unanticipated or abnormal weather conditions sufficient to delay commencement or
26 completion of construction or pre -construction activities. The requirements of this
27 subsection requiring the provision of substantial evidence shall not apply to city public
28 facility projects.
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30 3. The Director may grant up to three 12 -month extensions to the expiration date of the
31 original approval only upon the Director's determination separately for each extension
32 that conditions of the site and in the vicinity of the project are substantially the same
33 as when the permit or approval was originally granted and/or that any changes which
34 have occurred do not affect the validity of the findings for the original approval, that
35 the project remains in general conformance with General Plan and zoning ordinance
36 requirements and that the applicant has made a good faith effort to exercise the
37 approval. Only one 12 -month extension may be granted at a time. More than three
38 extensions may be granted for city public facilities projects.
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40 Section 3. Paragraph L entitled "Reactivation" of Section 24.010 of the City of Petaluma
41 Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby repealed.
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43 Section 4. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance,
44 Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
45 Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this
46 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid
Ordinance No. 2745 N.C.S. Page 3
1 by a court of competent jurisdiction or preempted by state legislation, such decision
2 or legislation shall not affect the validity of the remaining portions f this ordinance.
3 The City Council of the City of Petaluma hereby declares that it would have passed
4 and adopted this ordinance and each and all provisions thereof irrespective of the
5 fact that any one or more of said provisions be declared unconstitutional, unlawful,
6 or otherwise invalid.
7 Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the date
8 of its adoption by the Petaluma City Council.
9 Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
10 ordinance or a synopsis for the period and in a manner provided by the City Charter
11 and other applicable law.
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INTRODUCED and ordered posted this 141h day of September 2020.
ADOPTED this 215' day of September 2020 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, McDonnell, Miller
19 Noes: None
20 Abstain: None
21 Absent: None
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26 ATTEST:
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31 Samantha Pascoe, CMC, Deputy City Clerk
Teresa Barrett, Mayor
APPROVED AS TO FORM:
Eric Danly, City A
Ordinance No. 2745 N.C.S. Page 4