HomeMy WebLinkAboutPlanning Commission Resolution 2022-04 03/22/2022 DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
RESOLUTION 2022-04
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING
ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY CHAPTER 24 (ADMINISTRATIVE
PROCEDURES) AND REPEAL 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 resolution modify Chapter 24 of the
City's Implementing Zoning Ordinance; and
WHEREAS, the text amendments contained in Exhibit 1 would 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development applications are deemed withdrawn and a new section regarding the contents of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
WHEREAS, in the published case McCorkle Eastside Neighborhood Group v. City of St. Helena
(2018) 31 Cal.App.5'h 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
Planning Commission Resolution No.2022-04 Page 1
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
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 previously 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;
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.
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:
1. The above recitals are herby declared to be rue and correct and are incorporated into the
resolution as findings of the Petaluma Planning Commission.
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
Planning Commission Resolution No.2022-04 Page 2
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
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
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 and remove identified obstacles to the implementation of the zoning code, which
implements the policies of the General Plan.
5. The proposed amendments attached hereto as Exhibit 1, are hereby recommended to the
Petaluma City Council for consideration and findings in accordance with Sections 25.010 and
25.050 of the City's Implementing Zoning Ordinance, and including the following revisions:
a. The Planning Commission recommends that Section 24.040 (Exceptions to Required
Setbacks) from the existing IZO be added to Chapter 12 (Development Standards
Modifications; and
b. The Planning Commission also recommends that these amendments include authorization
to correct cross-references to provisions in IZO chapter 24 in other provisions of the IZO.
Planning Commission Resolution No.2022-04 Page 3
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
ADOPTED this 22nd day of March 2022, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember McDonnell X
Chair Potter X
Vice Chair Bauer X
Hooper X
Rider X
Whisman X
Empty Seat
DocuSigned by:
AA7nAraPFFRFd1 n
Heidi Bauer, Vice Chair
ATTEST: APPROVED AS TO FORM:
DocuSigned by: �D�o�cu�S"igned by:
Ft aIf 't,v (�ivxs) I K�, M (Mlt �a4� Vt�t FYIALAAn V�PPwx 15w,) Qssisfarnf ot, Offbn t,
2588C556ED25412._
Heather Hines, Interim CD Director Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2022-04 Page 4
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
Exhibit 1
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),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
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
Planning Commission Resolution No.2022-04 Page 5
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
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;
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-XX,recommending the City Council adopt the amendments; and
WHEREAS, on XXX XX, 2022, the public notice of the XXX XX, 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 XXX XX, 2022, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the amendments; and
Planning Commission Resolution No.2022-04 Page 6
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
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
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.
Planning Commission Resolution No.2022-04 Page 7
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
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).
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:
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. 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
Planning Commission Resolution No.2022-04 Page 8
DocuSign Envelope ID:456E8CC5-7FAA-4A20-B9B4-291856788DB8
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
Planning Commission Resolution No.2022-04 Page 9