HomeMy WebLinkAboutOrdinance 2747 N.C.S. 11/18/2020DocuSign Envelope ID: EABADF11-4847-497F-8C61-5049E68EB6C4
EFFECTIVE DATE ORDINANCE NO. 2747 N.C.S.
OF ORDINANCE
November 18, 2020
Introduced by: Mike Healy Seconded by: Kevin McDonnell
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL APPROVING A ZONING
MAP AMENDMENT TO THE ZONING MAP OF THE IMPLEMENTING ZONING
ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY THE ZONING OF THE PROPERTY
LOCATED AT 27 HOWARD STREET (APN: 008-044-009)
WHEREAS, the City of Petaluma initiated a General Plan Amendment and Zoning Map
Amendment to change the land use designation of the city owned property at 27 Howard Street from
Public/Semi-Public to Diverse Low Density and modify the associated zoning of the property from Civic
Facility (CF) to Residential 3 (R3) in order to facilitate the sale of the parcel as surplus City property and
to complete interior renovations to return the existing structure to residential use; and
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, the Zoning Map Amendment modifies the City's Zoning Map of the Implementing
Zoning Ordinance; and
WHEREAS, the Zoning Map Amendment for the property at 27 Howard Street modifies the
zoning of the site from Civic Facilities (CF) to Residential 3 (R3); and
WHEREAS, on July 30, 2020, public notice of the August 11, 2020 Planning Commission
meeting to consider the amendments was published in the Argus Courier and mailed to all property owners
and tenants within 1,000 feet of the site in compliance with state and local law, and routed to appropriate
agencies listed under Government Code Section 65352; and
Ordinance No. 2747 N.C.S. Page I
DocuSign Envelope ID: EABADFII-4847-497F-8C61-5049E68EB6C4
WHEREAS, on August 11, 2020 the Planning Commission held a duly noticed public hearing to
consider a General Plan Amendment and adopted Resolution No. 2020-13 recommending City Council
approval to change the land use designation of the property from Public/Semi-Public to Diverse Low
Density Residential; and
WHEREAS, also on August 11, 2020, the Planning Commission held a duly noticed public
hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the associated
Zoning Map Amendment and adopted Resolution No. 2020-14 recommending City Council approval to
modify the zoning designation of the property from Civic Facility (CF) to Residential 3 (R3); and
WHEREAS, on September 24, 2020, public notice of the October 5, 2020 public hearing before
the City Council to consider the amendment was published in the Argus Courier and sent to all property
owners and tenants within a 1,000 -foot radius of the project; and
WHEREAS, on October 5, 2020, the City Council of the City of Petaluma held a duly noticed
public hearing 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:
1. The above recitals are hereby declared to be true and correct and are incorporated into the resolution
as findings of the Petaluma City Council.
2. The Zoning Map amendment as shown in Section 2 below is exempt from CEQA pursuant to Sections
15061(b)(3) in that the proposed map amendment modifies the zoning of one parcel developed with an
existing single family residential structure to allow conversion of the existing structure back to its historic
residential use and does not involve any new construction, Section 15301(a) in that there will be only
minor interior alterations of the existing structure to revert its use back to a single-family home, and
Section 15303(a) in that the project will result in the conversion of an existing small structure from civic
office use to its original residential use that will entail only minor interior modifications.
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 Zoning Map of the IZO as shown
in Section 2 below is consistent with the Petaluma General Plan 2025 in that the Zoning Map amendment
implements the proposed Diverse Low Density Residential land use designation.
Ordinance No. 2747 N.C.S. Page 2
DocuSign Envelope ID: EABADF11-4847-497F-8C61-5049E68EB6C4
4. Also 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 Zoning Map of the IZO as shown
in Section 2 below are in general conformity with the Petaluma General Plan 2025 in that the Zoning Map
amendment allows conversion of an existing structure to its original residential use on a property adjacent
to existing residences, results in efficient land use near the downtown consistent with General Plan Policy
1-P-2, preserves the scale and character of an established neighborhood consistent with General Plan
Policy 1-P-3, implements Policy 1-P-7 which encourages flexibility in the nature of activities that occur
over time, and does not significantly alter the presence of city hall functions downtown consistent with
General Plan Policy 2-P-15.
5. In accordance with Section 25.050(B) of the IZO, the proposed Zoning Map amendment is consistent
with the public necessity, convenience, and welfare in that it will rezone the property consistent with the
modified land use designation of Diverse Low Density Residential and allow the City to convert the
existing City -owned structure back to its original residential use and sell the surplus property.
Section 2. The Zoning Map of the City of Petaluma Implementing Zoning Ordinance, Ordinance
No. 2300 N.C.S. is hereby amended as shown in the following excerpt of the Zoning Map and to modify
the zoning of the parcel located at 27 Howard Street from Civic Facility (CF) to Residential 3 (R3):
Zoning Map, excerpt
Section 3. Except as amended herein, the City of Petaluma Zoning Map of the Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Ordinance No. 2747 N.C.S. Page 3
DocuSign Envelope ID: EABADF11-4847-497F-8C61-5049E68EB6C4
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 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 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.
INTRODUCED and ordered published and posted this 5th day of October 2020.
ADOPTED this 19th day of October 2020 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, McDonnell, Miller
Noes: None
Abstain: None
Absent: None
DocuSi
gned by:
fit;S,. f w t, t
Tere"sa`Warret; Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by�A
r'SL
Kendall Rose, CMC, City Clerk
DocuSigned by:
Eric an y, Nty Attorney
Ordinance No. 2747 N.C.S. Page 4