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HomeMy WebLinkAboutOrdinance 2785 N.C.S. 08/02/2021 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 EFFECTIVE DATE ORDINANCE NO. 2785 N.C.S. OF ORDINANCE September 1, 2021 Introduced by: D'Lynda Fischer Seconded by: Kevin McDonnell ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY SECTION 7.110 (SHORT TERM VACATION RENTALS) WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Implementing Zoning Ordinance (IZO) Section 7.110 to eliminate the sunset clause applicable to Short Term Vacation Rentals; 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 text amendments contained in Exhibit 1 to this ordinance modify the City's Implementing Zoning Ordinance Section 7.110; and WHEREAS,the text amendments contained in Exhibit 1 would provide minor updates to eliminate the sunset clause that as currently written cancels the City's established program to allow short term vacation rentals within the City of Petaluma; and WHEREAS, the proposed zoning text amendment of removing the sunset provision within the short term vacation rental regulation is exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. WHEREAS, on May 27, 2021, public notice of the June 8, 2021 Planning Commission meeting to consider the amendments was published in the Argus Courier as an eighth page ad; and WHEREAS,on June 8,2021,the Planning Commission continued the item to a date certain of June 22,2021; and WHEREAS, on June 22, 2021, 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. 2020-14, recommending the City Council adopt the amendments; and WHEREAS, on July 1, 2021, the public notice of the July 12, 2021 public hearing before the City Council to consider the amendments was published in the Argus Courier as an one-eighth page ad; and Ordinance No. 2785 N.C.S. Page 1 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 WHEREAS, on July 12, 2021, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments and approved the motion 5-1; and WHEREAS, a synopsis of the Ordinance was provided in accordance with the requirements of Section 45 of the Petaluma City Charter governing advertisement and other requirements for adoption of City ordinances. NOW THEREFORE,BE IT ORDAINED by the City 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 ordinance as findings of the City Council. 2. The text amendments contained in Section 2 of this ordinance are exempt from CEQA pursuant to Sections 15061(b)(3) in that the proposed text amendments are minor modifications to existing regulations that only apply to short term vacation rentals as governed by the Implementing Zoning Ordinance and it can be seen with certainty that the proposed project would not have a direct or indirect effect on the environment. 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 Section 2 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 June 22, 2021 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. Section 2. Amendment. Section 7.110 (Short Term Vacation Rentals) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to eliminate subsection 7.110.M in its entirety. 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. 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 manner provided by the City Charter and other applicable law. Ordinance No. 2785 N.C.S. Page 2 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296 INTRODUCED and ordered posted/published the 12th day of July 2021 by the following vote: Ayes: Mayor Barrett,Fischer,McDonnell,Pocekay Noes: Healy Abstain: Barnacle Absent: King ADOPTED this 2nd day of August 2021 by the following vote: Ayes: Mayor Barrett,Barnacle,Fischer,King,McDonnell, Pocekay Noes: Healy Abstain: None Absent: None D'olcu'Sig-n`edd by: 410 Teresa a";re ,Mayor ATTEST: APPROVED AS TO FORM: DocuSigned by: DocuSigned by: F Ken a ose, CMC, City Clerk Eric an y, ity Attorney Ordinance No. 2785 N.C.S. Page 3