HomeMy WebLinkAboutOrdinance 2811 N.C.S. 05/02/2022 DocuSign Envelope ID: F035C473-43B5-47FO-AOEF-DA66F9D3AF58
EFFECTIVE DATE ORDINANCE NO. 2811 N.C.S.
OF ORDINANCE
May 18, 2022
Introduced by Dave King Seconded by Brian Barnacle
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL
AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE 2300 N.C.S., CHAPTER 24 (ADMINISTRATIVE PROCEDURES),
AMENDING CHAPTER 12 (DEVELOPMENT STARDARDS MODIFICATIONS) TO
ADD SECTION 12.060 (EXCEPTIONS TO REQUIRED SETBACKS), CORRECTING
CROSS REFERENCES TO CHAPTER 24 THROUGHTOUT THE IMPLEMENTING
ZONING ORDINANCE,AND REPEALING RESOLUTION NO. 2018-107 N.C.S.
(RESOLUTION ADOPTING A PUBLIC OUTREACH AND ON-SITE POSTING
POLICY FOR MAJOR PROJECTS)
WHEREAS, Implementing Zoning Ordinance (IZO) Chapter 24 deals specifically with the
administrative procedures associated with entitlements, including Site Plan and Architectural Review
(SPAR),Conditional Use Permits (CUP),Variances, and Appeals; and
WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Implementing
Zoning Ordinance(IZO)Chapter 24 to codify the Resolution No 2018-107 N.C.S,regarding public noticing
of major projects, add sections regarding withdrawal of applications,make minor cleanups,and add a new
finding necessary for SPAR applications to allow the reviewing body greater discretion to analyze the
project's environmental impacts; 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 Code 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 Chapter 24 of
the City's Implementing Zoning Ordinance; and
WHEREAS, the text amendments contained in Exhibit 1 add a new section regarding when
development applications are deemed withdrawn and a new section regarding the contents of application
forms; and
WHEREAS, City Council Resolution No. 2018-107 N.C.S. addresses the City's public noticing
requirements for major development application; and
WHEREAS,the text amendments contained in Exhibit 1 codify the public noticing requirements
of Resolution No. 2018-107 N.C.S.; and
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WHEREAS, in the published case McCorkle Eastside Neighborhood Group v. City of St. Helena
(2018)31 Cal.App.5 '80(McCorkle)the Court held that the City's design review approval of the multi-
family residential land use was ministerial and therefore St. Helena's environmental review under the
California Environmental Quality Act (CEQA) was limited to the scope of St. Helena's design review
authority, and specifically, its authority under its zoning regulations to mitigate project environmental
impacts; and
WHEREAS, the California Supreme Court has denied petitions to depublish or overturn the
McCorkle ruling, which remains in effect and binding on the City and its ability to conduct environmental
review regarding project that may be subject to only design review in specified zones; and
WHEREAS, prior to the McCorkle decision, it had been the City's consistent practice to treat
applications for Site Plan and Architectural Review (SPAR) approval, pursuant to Chapter 24 of the
Implementing Zoning Ordinance (IZO), as subject to the exercise of discretion of the approving body, up
to and including the authority of the approving body to disapprove the project on SPAR grounds, and to
conduct full CEQA review, up to and including the ordering of an Environmental Impact Report if
warranted; and
WHEREAS, the McCorkle case limits environmental review of development applications to
environmental impacts the approving body has authority to mitigate; and
WHEREAS, the City's existing SPAR regulations do not address the projects impacts unrelated
to aesthetics, siting, and internal circulation; and
WHEREAS,the text amendments contained in Exhibit 1 address the limitations of the McCorkle
case and permit the Planning Commission or City Council on appeal to review a project for its full
environmental impacts; and
WHEREAS, staff sought the Planning Commission's feedback on amendments to Chapter 24 of
the IZO during the June 22,2021,Planning Commission meeting; and
WHEREAS, on March 22, 2022, the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments; and
WHEREAS,the City has complied with the noticing and procedures for zoning text amendments
governed by Chapter 25 of the Implementing Zoning Ordinance and by California Government Code
Section 65853; and
WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA)
Guidelines,this ordinance is exempt from CEQA based on the following:
1)This ordinance is not a"project"within the meaning of Section 15378 of the CEQA Guidelines,
because it is an administrative activity has no potential for resulting in physical change in the
environment as the amendments address the process by how development applications are
processed and reviewed and does not itself encourage physical development;
2) If this ordinance was a "project" under CEQA, this ordinance is categorically exempt from
CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City
pursuant to its policy power and in accordance with Government Code Section 65858 to assure
maintenance and protection of the environment pending the evaluation and possible adoption of
contemplated local legislation, regulation and policies, which local legislation, if adopted, will be
subject to CEQA requirements;
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3)This ordinance is not subject to CEQA under the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment,and for the reasons set
forth in subparagraphs (1) and (2) above, it can be seen with certainty that there is no possibility
that this ordinance will have a significant effect on the environment.
WHEREAS, after the conclusion of said public hearing, the Planning Commission
adopted Resolution No. 2022-04, recommending the City Council adopt the amendments; and
WHEREAS, on April 7, 2022, the public notice of the April 18, 2022 public hearing
before the City Council to consider the amendments was published in the Argus Courier as an
eight-page ad; and
WHEREAS, on April 18, 2022, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the amendments; and
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 City Council.
2. The text amendments contained in Exhibit 1 to this resolution,which exhibit is hereby made a
part of this resolution, are exempt from the California Environmental Quality Act(CEQA) for
the following reasons:
a. This ordinance is not a "project" within the meaning of Section 15378 of the CEQA
Guidelines,because it is an administrative activity has no potential for resulting in physical
change in the environment as the amendments address the process by how development
applications are processed and reviewed and does not itself encourage physical
development; and
b. If this ordinance was a"project"under CEQA,this ordinance is categorically exempt from
CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the
City pursuant to its policy power and in accordance with Government Code Section 65858
to assure maintenance and protection of the environment pending the evaluation and
possible adoption of contemplated local legislation, regulation and policies, which local
legislation,if adopted,will be subject to CEQA requirements; and
c. This ordinance is not subject to CEQA under the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment, and
for the reasons set forth in subparagraphs (1) and(2) above, it can be seen with certainty
that there is no possibility that this ordinance will have a significant 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 Exhibit 1 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
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regulations and implement the General Plan as outlined in the March 22,2022 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,provide greater flexibility for approving extended expiration for housing projects,
and remove identified obstacles to the implementation of the zoning code,which implements
the policies of the General Plan.
5. The proposed modifications include non-substantive corrections to other chapters in the IZO
to accurately reference changed sections in Chapter 24 as a result of these amendments and as
recommended by the Planning Commission.
6. The proposed text amendment also includes modification to Chapter 12 (Development
Standards Modifications) of the IZO to relocate existing Section 24.040 (Exceptions to
Required Setbacks).
7. The proposed text amendment also includes correction to all cross references to Chapter 24
throughout the Implementing Zoning Ordinance.
Section 2. Chapter 24 entitled "Administrative Procedures" of the Petaluma Implementing Zoning
Ordinance, is repealed and replaced in its entirety to read as provided in Exhibit 1 which is
attached to and made a part of this ordinance.
Section 3. Section 12.060 entitled "Exceptions to Required Setbacks" is hereby added to Chapter 12
entitled "Development Standards Modifications" of the Implementing Zoning Ordinance to
read as follows:
12.060 Exceptions to Required Setbacks.
A. Exception—Principal Dwelling/Building. The Director may grant an exception for the
principal dwelling/building, in the same manner as provided in
Section 24.060(Conditional Use Permit),from the development standards regulating
building encroachment into required setbacks in residential districts when all of the
following findings can be made based on substantial evidence in the record:
1. The encroachment is consistent with the prevalent development pattern in the
immediate area;
2. The encroachment will not adversely affect the privacy of adjacent properties;
3. The encroachment will not significantly increase shading of adjacent properties; and
4. Conditions will be imposed to accommodate maintenance and drainage
requirements.
B. Exception—Accessory Building. The Director may grant an exception for the
reconstruction,renovation or expansion of existing accessory buildings and structures,in
the same manner as provided in Section 24.060(Conditional Use Permit),from the
required setbacks for accessory buildings and structures contained in Tables 4.6 through
4.13 when all of the following findings can be made based on substantial evidence in the
record:
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1. The setback will be consistent with the prevalent development pattern for similar
building uses in the immediate area;
2. The location of the accessory building or structure will not adversely affect the
privacy of adjacent properties;
3. The location of the accessory building or structure will not significantly increase
shading of adjacent properties;
4. Conditions will be imposed to accommodate required maintenance and drainage; and
5. The design of the accessory building or structure is compatible with that of the
principal dwelling and will not detract from appearance of the immediate area.
Section 4. All cross references to Chapter 24 throughout the Implementing Zoning Ordinance are
hereby corrected to reflect accurate reference in keeping with modifications made to
Chapter 24.
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 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 7. Effective Date. This ordinance shall become effective thirty(30)days after the date of its
adoption by the Petaluma City Council.
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 a manner provided by the City Charter and
other applicable law.
INTRODUCED, and ordered posted/published,this 18th day of April 2022 by the following vote:
Ayes: Barrett, Barnacle, Fischer, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: None
ADOPTED this 2nd day of May, 2022,by the following vote:
Ayes:
Noes:
Abstain:
Absent:
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DocuSigned by:
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Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
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Kendall Rose, City Clerk Eric Danly, City Attorney
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