HomeMy WebLinkAboutPlanning Commission Resolution 2022-08 05/10/2022 DocuSign Envelope ID:M64AW-FF81-41DD-89C9-CF50ADEE66EC
RESOLUTION 2022-08
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND TABLE 4.3 (ALLOWED LAND USES
AND PERMIT REQUIREMENTS FOR MIXED USE ZONES) OF THE IMPLEMENTING
ZONING ORDINANCE TO INCREASE FLEXIBILITY FOR RESIDENTIAL USES IN MIXED
USE BUILDINGS TO MEET NEWLY ADOPTED VISITABILITY AND UNIVERSAL
DESIGN STANDARDS WITHIN THE CITY'S MIXED USE ZONING DISTRICTS
WHEREAS, on March 21, 2022 the Petaluma City Council adopted Ordinance No. 2802 N.C.S
enacting local visitability and universal design requirements for new residential construction; and
WHEREAS, adoption of the City's visitability and universal design requirements implements Policy
6.5 of the Petaluma General Plan Housing Element which states "Promote the provisions of disabled-
accessible units and housing for the developmentally, mentally and physically disabled;" and
WHEREAS, adoption of the City's visitability and universal design requirements furthers Goal 7 (Fair
Housing) of the Petaluma General Plan Housing Element which calls for the City to "Promote a choice of
housing types and locations available to all persons, regardless of race, color, religion, sex, sexual
orientation, national origin, ancestry, familial status, source of income, age, marital status, medical
condition or disability;" and
WHEREAS, adoption of the City's visitability and universal design requirements responds to the
forecasted increase in persons over 65 years of age by requiring the development of residential dwelling
units with design features that support aging in place and address the prevalence of persons with
disabilities by ensuring the development of residential dwelling units that enhance residents' ability to
remain in their homes during periods of temporary, developing, or permanent disabilities or frailties and
accommodates a wide range of individual preferences and functional abilities; and
WHEREAS, as part of their consideration both the Planning Commission and City Council
expressed concern that compliance with visitability and universal design requirements may compete
with ground floor activity generating uses in certain situations; and
WHEREAS, both regulatory and policy documents adopted by the City of Petaluma envision
ground floor activity generating uses in specific mixed use areas of the City to create a lively ground
floor presence; and
WHEREAS, the City desires to facilitate appropriate flexibility to accommodate visitability and
universal design requirements without requiring the addition of an elevator in multi-story buildings when
not otherwise required by building code; and
WHEREAS, at their March 21, 2022 hearing the City Council directed staff to initiate a zoning text
amendment to allow flexibility for residential construction on the ground floor in the MU 1 A zoning district
to accommodate visitability and universal design requirements; and
WHEREAS, City staff has prepared the attached Zoning Text Amendment to respond to City
Council direction; 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 Resolution No.2022-08 Page 1
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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 the City's
Implementing Zoning Ordinance Table 4.3; and
WHEREAS, the text amendments contained in Exhibit 1 would allow residential use in a mixed use
building to be on the ground floor with the issuance of a Conditional Use Permit to provide the desired
flexibility to accommodate the City's visitability and universal design requirements and incorporate
ground floor activity generating uses to implement the Mixed Use land use designation and associated
zoning standards; and
WHEREAS, on April 15, 2022, public notice of the April 26, 2022 Planning Commission meeting to
consider the amendments was published in the Argus Courier in an eighth page ad; and
WHEREAS, at the April 26, 2022 Planning Commission meeting the item was continued to a date
certain of May 10, 2022; and
WHEREAS, on May 10, 2022, the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments.
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into
the resolution as findings of the Petaluma Planning Commission.
2. The text amendments contained in Exhibit 1 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 provide flexibility on a case by case basis to facilitate new residential units in the Mixed
Use zones that both comply with the City's visitability and universal design requirements,
and incorporate ground floor activity generating uses. Each project would be subject to
and reviewed under applicable 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 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, but provide needed flexibility facilitate residential development that meets
Planning Commission Resolution No.2022-08 Page 2
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visitability and universal design requirements, and achieves a mixed use land use pattern that
implements the General Plan as outlined in the May 10, 2022 Planning Commission staff report.
4. In accordance with Section 25.050(B) of the IZO, the proposed amendments as outlined in
Section 2 below are consistent with the public necessity, convenience, and welfare in that
they update and clarify existing regulations, provide greater flexibility for accommodating
residential, meeting visitability and universal design standards,and achieving a mixed use land
use patterns in the mixed use zoning districts.
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.
ADOPTED this 101h day of May 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
Vacant
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Heidi Bauer, Vice Chair
ATTEST: APPROVED AS TO FORM:
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Heather Hines, Interim CD Director Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2022-08 Page 3
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Exhibit 1
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING TABLE 4.3 (ALLOWED
LAND USES AND PERMIT REQUIREMENTS FOR MIXED USE ZONES) OF THE IMPLEMENTING
ZONING ORDINANCE TO INCREASE FLEXIBILITY FOR RESIDENTIAL USES IN MIXED USE
BUILDINGS TO MEET NEWLY ADOPTED VISITABILITY AND UNIVERSAL DESIGN STANDARDS
WITHIN THE CITY'S MIXED USE ZONING DISTRICTS
WHEREAS, on March 21, 2022 the Petaluma City Council adopted Ordinance No. 2802 N.C.S.
enacting local visitability and universal design requirements for new residential construction; and
WHEREAS, adoption of the City's visitability and universal design requirements implements Policy
6.5 of the Petaluma General Plan Housing Element which states "Promote the provisions of disabled-
accessible units and housing for the developmentally, mentally and physically disabled;" and
WHEREAS, adoption of the City's visitability and universal design requirements furthers Goal 7 (Fair
Housing) of the Petaluma General Plan Housing Element which calls for the City to "Promote a choice of
housing types and locations available to all persons, regardless of race, color, religion, sex, sexual
orientation, national origin, ancestry, familial status, source of income, age, marital status, medical
condition or disability;" and
WHEREAS, adoption of the City's visitability and universal design requirements responds to the
forecasted increase in persons over 65 years of age by requiring the development of residential dwelling
units with design features that support aging in place and address the prevalence of persons with
disabilities by ensuring the development of residential dwelling units that enhance residents' ability to
remain in their homes during periods of temporary, developing, or permanent disabilities or frailties and
accommodates a wide range of individual preferences and functional abilities; and
WHEREAS, as part of their consideration both the Planning Commission and City Council expressed
concern that compliance with visitability and universal design requirements may compete with ground
floor activity generating uses in certain situations; and
WHEREAS, both regulatory and policy documents adopted by the City of Petaluma envision
ground floor activity generating uses in specific mixed use areas of the City to create a lively ground floor
presence; and
WHEREAS, the City desires to facilitate appropriate flexibility to accommodate visitability and
universal design requirements without requiring the addition of an elevator in multi-story buildings when
not otherwise required by building code; and
WHEREAS, at their March 21, 2022 hearing the City Council directed staff to initiate a zoning text
amendment to allow flexibility for residential construction on the ground floor in the MU 1 A zoning district
to accommodate visitability and universal design requirements; and
WHEREAS, City staff has prepared the attached Zoning Text Amendment to respond to City
Council direction; 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
Planning Commission Resolution No.2022-08 Page 4
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WHEREAS, the text amendments contained in Exhibit 1 to this resolution modify the City's
Implementing Zoning Ordinance Table 4.3; and
WHEREAS, the text amendments contained in Exhibit 1 would allow residential in a mixed use
building to be on the ground floor with the issuance of a Conditional Use Permit to provide the desired
flexibility to accommodate the City's visitability and universal design requirements and incorporate
ground floor activity generating uses to implement the Mixed User land use designation and associated
zoning standards; and
WHEREAS, on April 15, 2022, public notice of the April 26, 2022 Planning Commission meeting to
consider the amendments was published in the Argus Courier in an eighth page ad; ad
WHEREAS, at the April 26, 2022 Planning Commission meeting the item was continued to a date
certain of May 10, 2022; and
WHEREAS, on May 10, 2022, 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. 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 eighth 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
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 Section 2 below 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 provide flexibility on a case by case basis to facilitate new residential units in the Mixed
Use zones that both comply with the City's visitability and universal design requirements,
and incorporate ground floor activity generating uses. Each project would be subject to
and reviewed under applicable 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.
Planning Commission Resolution No.2022-08 Page 5
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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, but provide needed flexibility facilitate residential development that meets
visitability and universal design requirements, and achieves a mixed use land use pattern that
implements the General Plan as outlined in the May 10, 2022 Planning Commission staff report.
4. In accordance with Section 25.050(B) of the IZO, the proposed amendments as outlined in
Section 2 below are consistent with the public necessity, convenience, and welfare in that
they update and clarify existing regulations, provide greater flexibility for accommodating
residential, meeting visitability and universal design standards,and achieving a mixed use land
use patterns in the mixed use zoning districts.
Section 2. Table 4.3 entitled "Allowed Land Uses and Permit Requirements for Mixed Use Zones" is hereby
amended to read as follows:
Table 4.3 Allowed Land Uses and Permit Requirements for Mixed Use Zones
Land Use Type(1) Permit Required by Zone Specific Use
Regulations
MU1A MU1B MU1C MU2
Residential in Mixed Use Building P 6 P 6 P 6 P 6
(6): Use allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed
subject to a CUP.
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.
Planning Commission Resolution No.2022-08 Page 6