HomeMy WebLinkAboutPlanning Commission Resolution 2022-10 06/28/2022 DocuSign Envelope ID:3E7F82B0-D9C3-4A5F-B8DA-BB55B69FF050
RESOLUTION 2022-10
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE ZONING TEXT AMENDMENTS TO MODIFY
TABLE 4.3 AND TABLE 4.4 (ALLOWED LAND USES AND PERMIT REQUIREMENTS) IN THE
IMPLEMENTING ZONING ORDINANCE TO PROVIDE FOR DISCRETIONARY REVIEW FOR
GENERAL RETAIL, GROCERY, AND BUILDING AND LANDSCAPE MATERIALS SALES INDOOR
LAND USES OVER 25,000 SQUARE FEET AND ASSOCIATED MODIFICATIONS TO CHAPTER
28 (GLOSSARY) TO CLARIFY AND IMPLEMENT THESE CHANGES
WHEREAS, the 2021 Citywide Goals and Priorities include workplan item #56, "Update Implementing
Zoning Ordinance (IZO) to ensure the City's ability to provide full environmental review for all discretionary
projects"; and
WHEREAS, in May 2022 the City Council adopted a Zoning Text Amendment to modify Chapter 24 of
the IZO to provide greater environmental review for projects that require discretionary review through Site
Plan and Architectural Review; and
WHEREAS, when a specific land use is permitted by right the City has minimized discretion to analyze
potential impacts from the operations of that use unless a discretionary review is triggered by the scope
of the proposed project; and
WHEREAS,the City has previously identified that the potential impacts of a use can increase in relation
to the square footage of the proposed use; and
WHEREAS, Goal 9-G-1 of the City's General Plan is to "establish a diverse and sustainable local
economy that meets the needs of the community's residents and employers;" and
WHEREAS, Policy 9-P-2 of the General Plan seeks to "ensure new commercial development will have
a net positive impact on Petaluma's economy, existing businesses, city finances, and quality of life"; and
WHEREAS, Program "A" of General Plan Policy 9-P-2 recommends that the City "consider the need
when reviewing commercial development proposals over a specific size in building area per occupant
to obtain a fiscal/economic analysis, as a component of the project's entitlement process, of the impacts
on Petaluma's economy, existing business, local workforce and city finances"; and
WHEREAS, on October 6, 2008, City Council adopted Resolution No.2008-189 N.C.S.which established
a policy and procedure for the preparation,review and use of"fiscal and economic impact assessments"
(FEIA) for specified land uses in the City of Petaluma; and
WHEREAS, more specifically Resolution No. 2008-189 N.C.S. requires the preparation of a Fiscal and
Economic Impact Assessment for the following uses when more than 25,000 square feet, "General Retail,"
"Grocery," and "Building and Landscape Materials", and for all "Hotel" projects for consideration by the
City Council and specifically to inform a finding of consistency with General Plan Policy 9-P-2; and
WHEREAS, on August 15, 2019 the City Council approved Resolution No. 2019-136 N.C.S. eliminating
the requirement of the FEIA for hotel projects but maintaining the requirement for "General Retail",
"Grocery", and "Building and Landscape Materials" land uses when more than 25,000 square feet; and
Planning Commission Resolution No.2022-10 Page 1
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WHEREAS, as these land uses increase in size they are typically associated with a more automobile
intensive development pattern, generate more automobile trips, and thereby potentially impact the
traffic patterns and roadway congestion within the City; and
WHEREAS, by creating more congestion these larger stores potentially exacerbate local air quality
problems, increase greenhouse gas emissions, and contribute to climate change;] and
WHEREAS, the additional automobile trips caused by these land uses as they increase in size cause
more noise which can depress property values in adjacent neighborhoods;2 and
WHEREAS, large stores are often used by national chain "superstores" which have been found to
negatively impact the aesthetic and historical culture of neighborhoods; and
WHEREAS, large stores can pose a risk to the economic viability of local and regional businesses by
drawing market share away from such businesses, thereby threatening the continued operations of such
businesses and their ability to provide services to the community and jobs to their workers; and
WHEREAS, after the initial tenant leaves a large single occupant store there may be long term
vacancy which may impose a high public cost due to empty stores become magnets for crime and
vandalism, lowering adjacent property values, undermining the surrounding businesses, creates a
negative image of the city, and deters new business and investment;3 and
WHEREAS, the proposed Zoning Text Amendment differentiates existing land use types of "General
Retail", "Grocery", and "Building and Landscape Materials Sales - Indoor" by square footage to track
with the requirement of increased review when over 25,000 square feet as outlined in City Council
Resolution No. 2019-136 N.C.S.; and
WHEREAS, the proposed Zoning Text Amendment does not prohibit these uses in any zoning districts
where currently permitted but rather requires issuance of a Conditional Use Permit at the discretion of the
Planning Commission for "General Retail", "Grocery", and "Building and Landscape Materials Sales -
Indoor" land uses when more than 25,000 square feet; and
WHEREAS, the proposed Zoning Text Amendment provides the City with greater discretion to review
the appropriateness of these three land use types when more than 25,000 square feet to ensure new
commercial development will have a net positive impact on Petaluma's economy, existing businesses,
city finances, and quality of life and be consistent with General Plan policy 9-P-2; and
WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) 13 Guidelines,
this ordinance is exempt from CEQA based on the following:
1) The amendments are not a "project" within the meaning of Section 15378 of the CEQA
Guidelines, because they are administrative activity with no potential for resulting in direct or
indirect physical change in the environment, as the amendments address the process for
review and approval of development applications in Petaluma and do not change the land
uses that are permitted in the City or the locations where permitted uses may occur;
2) If the proposed amendments were a "project" under CEQA, they would be categorically
exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken
by the City pursuant to its police power to assure maintenance, restoration, enhancement,
1 https://ilsr.org/wp-content/uploads/2008/12/bbtk-factsheet-traffic.pdf
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blight.pdf? gl=1*r322yg* ga*MTc3MDg5MTk1Mv4xNiUVNTM3MDA1* ga M3134750WM*MTY1NTMwNzUzNy4lL4EuMT
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Planning Commission Resolution No.2022-10 Page 2
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and protection of the environment where the regulatory process involves procedures for
protection of the environment. The proposed amendments provide for protection of the
environment by granting City approving bodies discretionary authority to condition projects
to mitigate their potential environmental impacts;
3) The proposed amendments are also exempt from CEQA requirements pursuant to Section
15183 of the CEQA Guidelines as the proposed amendments are consistent with the City's
General Plan,including General Plan Goal 9-G-1, Policy 9-P-2,and Program 9-P-2-A,and there
are no reasonably foreseeable environmental effects peculiar to the amendments as they
do not discontinue any currently approved uses or limit the locations of any uses (See, Wal-
Mart Stores, Inc., et al v. City of Turlock (2006) 138 Cal.App.4th);
4) The proposed amendments are 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 (a), (b), and (c) above, it can be
seen with certainty that there is no possibility that this ordinance will have a significant effect
on the environment. Furthermore, any application that is subject to the proposed
amendments will be subject to review in accordance with CEQA requirements; 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 amendment contained in Exhibit 1 modifies Table 4.3, Table 4.4, and Chapter 28
(Glossary) of the City's Implementing Zoning Ordinance; 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, on June 21, 2022 the Petaluma Planning Commission considered the proposed Zoning Text
Amendment at a duly noticed public meeting at which time all interested members of the public were
provided the opportunity to provide public comment.
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 this
resolution as findings of the Petaluma Planning Commission.
2. The Zoning Text Amendments outlined in Exhibit 1 are exempt from the California Environmental
Quality Act (CEQA) based on the following:
a. The amendments are not a "project" within the meaning of Section 15378 of the CEQA
Guidelines, because they are administrative activity with no potential for resulting in direct or
indirect physical change in the environment, as the amendments address the process for
review and approval of development applications in Petaluma and do not change the land
uses that are permitted in the City or the locations where permitted uses may occur;
b. If the proposed amendments were a "project" under CEQA, they would be categorically
exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken
by the City pursuant to its police power to assure maintenance, restoration, enhancement,
and protection of the environment where the regulatory process involves procedures for
Planning Commission Resolution No.2022-10 Page 3
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protection of the environment. The proposed amendments provide for protection of the
environment by granting City approving bodies discretionary authority to condition projects
to mitigate their potential environmental impacts;
c. The proposed amendments are also exempt from CEQA requirements pursuant to Section
15183 of the CEQA Guidelines as the proposed amendments are consistent with the City's
General Plan, including General Plan Goal 9-G-1, Policy 9-P-2, and Program 9-P-2-A, and there
are no reasonably foreseeable environmental effects peculiar to the amendments as they do
not discontinue any currently approved uses or limit the locations of any uses (See, Wal-Mart
Stores, Inc., et al v. City of Turlock (2006) 138 Cal.App.4th); and
d. The proposed amendments are 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 (a), (b), and (c) above, it can be seen with
certainty that there is no possibility that this ordinance will have a significant effect on the
environment. Furthermore, any application that is subject to the proposed amendments will
be subject to review in accordance with CEQA requirements.
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 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 21, 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 land use
regulations to provide greater discretion to review specific commercial land use types when more
than 25,000 square feet in order to evaluate potential impacts and ensure that new commercial
development has a net positive impact for the community and implements the policies of the
General Plan and Resolution No. 2019-136 N.C.S.
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.
Planning Commission Resolution No.2022-10 Page 4
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ADOPTED this 28rh day of June 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
DocuSigned by:
BA70860FFFBE4I D...
Heidi Bauer, Vice Chair
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by: I 1 1 /'1 q
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aol, .,r., �—p.p..,C, Ev
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E468369CSEDF404._ 2588C556ED25412...
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2022-10 Page 5
DocuSign Envelope ID:3E7F82B0-D9C3-4A5F-B8DA-BB55B69FF050
Exhibit 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING
ZONING TEXT AMENDMENTS TO MODIFY TABLE 4.3 AND TABLE 4.4 (ALLOWED
LAND USES AND PERMIT REQUIREMENTS)IN THE IMPLEMENTING ZONING
ORDINANCE TO PROVIDE FOR DISCRETIONARY REVIEW FOR GENERAL RETAIL,
GROCERY,AND BUILDING AND LANDSCAPE MATERIALS SALES LAND USES OVER
25,000 SQUARE FEET AND ASSOCIATED MODIFICATIONS TO CHAPTER 28
(GLOSSARY) TO CLARIFY AND IMPLEMENT THESE CHANGES
WHEREAS, the 2021 Citywide Goals and Priorities include workplan item #56, "Update
Implementing Zoning Ordinance (IZO) to ensure the City's ability to provide full environmental review
for all discretionary projects"; and
WHEREAS, in May 2022 the City Council adopted a Zoning Text Amendment to modify Chapter
24 of the IZO to provide greater environmental review for projects that require discretionary review
through Site Plan and Architectural Review; and
WHEREAS, when a specific land use is permitted by right the City has minimized discretion to
analyze potential impacts from the operations of that use unless a discretionary review is triggered by the
scope of the proposed project; and
WHEREAS, the City has previously identified that the potential impacts of a use can increase in
relation to the square footage of the proposed use; and
WHEREAS, Goal 9-G-1 of the City's General Plan is to "establish a diverse and sustainable local
economy that meets the needs of the community's residents and employers;" and
WHEREAS, Policy 9-P-2 of the General Plan seeks to "ensure new commercial development will
have a net positive impact on Petaluma's economy, existing businesses, city finances, and quality of life";
and
WHEREAS,Program"A"of General Plan Policy 9-P-2 recommends that the City"consider the need
when reviewing commercial development proposals over a specific size in building area per occupant to
obtain a fiscal/economic analysis, as a component of the project's entitlement process, of the impacts on
Petaluma's economy, existing business, local workforce and city finances"; and
WHEREAS, on October 6, 2008, City Council adopted Resolution No. 2008-189 N.C.S. which
established a policy and procedure for the preparation, review and use of"fiscal and economic impact
assessments" (FEIA) for specified land uses in the City of Petaluma; and
WHEREAS, more specifically Resolution No. 2008-189 N.C.S. requires the preparation of a Fiscal
and Economic Impact Assessment for the following uses when more than 25,000 square feet, "General
Retail,""Grocery,"and"Building and Landscape Materials",and for all"Hotel"projects for consideration
by the City Council and specifically to inform a finding of consistency with General Plan Policy 9-P-2;
and
Planning Commission Resolution No.2022-10 Page 6
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WHEREAS, on August 15, 2019 the City Council approved Resolution No. 2019-136 N.C.S.
eliminating the requirement of the FEIA for hotel projects but maintaining the requirement for "General
Retail", "Grocery", and "Building and Landscape Materials" land uses when more than 25,000 square
feet; and
WHEREAS, as these land uses increase in size they are typically associated with a more automobile
intensive development pattern, generate more automobile trips, and thereby potentially impact the traffic
patterns and roadway congestion within the City; and
WHEREAS, by creating more congestion these larger stores potentially exacerbate local air quality
problems, increase greenhouse gas emissions, and contribute to climate change;4 and
WHEREAS, the additional automobile trips caused by these land uses as they increase in size cause
more noise which can depress property values in adjacent neighborhoods;' and
WHEREAS, large stores are often used by national chain "superstores" which have been found to
negatively impact the aesthetic and historical culture of neighborhoods; and
WHEREAS, large stores can pose a risk to the economic viability of local and regional businesses by
drawing market share away from such businesses, thereby threatening the continued operations of such
businesses and their ability to provide services to the community and jobs to their workers; and
WHEREAS, after the initial tenant leaves a large single occupant store there may be long term
vacancy which may impose a high public cost due to empty stores become magnets for crime and
vandalism, lowering adjacent property values,undermining the surrounding businesses,creates a negative
image of the city, and deters new business and investment;6 and
WHEREAS,the proposed Zoning Text Amendment differentiates existing land use types of"General
Retail", "Grocery", and "Building and Landscape Materials Sales — Indoor" by square footage to track
with the requirement of increased review when over 25,000 square feet as outlined in City Council
Resolution No. 2019-136 N.C.S.; and
WHEREAS, the proposed Zoning Text Amendment does not prohibit these uses in any zoning
districts where currently permitted but rather requires issuance of a Conditional Use Permit at the
discretion of the Planning Commission for "General Retail", "Grocery", and "Building and Landscape
Materials Sales—Indoor" land uses when more than 25,000 square feet; and
WHEREAS, the proposed Zoning Text Amendment provides the City with greater discretion to
review the appropriateness of these three land use types when more than 25,000 square feet to ensure new
commercial development will have a net positive impact on Petaluma's economy, existing businesses,
city finances, and quality of life and be consistent with General Plan policy 9-P-2; and
4 https://ilsr.org/wp-content/uploads/2008/12/bbtk-factsheet-traffic.pdf
s Id.
6 https://cdn.ilsr.org/wp-content/uploads/2008/12/bbtk-factsheet-
blight.pdf? gl=1*r322yg* ga*MTc3MDg5MTk1Mv4xNiUVNTM3MDA1* ga M3134750WM*MTY1NTMwNzUzNy4lLiEuMT
Y1NTMwNzU2Mi4w& ga=2.234519965.2017298670.1655248619-1770891953.1652537005
Planning Commission Resolution No.2022-10 Page 7
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WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) 13
Guidelines, this ordinance is exempt from CEQA based on the following:
5) This ordinance is not a "project" within the meaning of Section 15378 of the CEQA
Guidelines, because it is administrative activity with no potential for resulting in direct or
indirect physical change in the environment,as the amendments address the process for review
and approval of development applications in Petaluma and do not change the land uses that
are permitted in the City or the locations where permitted uses may occur;
6) If the ordinance was a "project" under CEQA, they would be categorically exempt from
CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City
pursuant to its police power to assure maintenance, restoration, enhancement, and protection
of the environment where the regulatory process involves procedures for protection of the
environment. The proposed amendments provide for protection of the environment by
granting City approving bodies discretionary authority to condition projects to mitigate their
potential environmental impacts;
7) The proposed ordinance is also exempt from CEQA requirements pursuant to Section 15183
of the CEQA Guidelines as the proposed amendments are consistent with the City's General
Plan, including General Plan Goal 9-G-1, Policy 9-P-2, and Program 9-P-2-A, and there are
no reasonably foreseeable environmental effects peculiar to the amendments as they do not
discontinue any currently approved uses or limit the locations of any uses (See, Wal-Mart
Stores, Inc., et al v. City of Turlock(2006) 138 Cal.App.4tn);
8) 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 (a), (b), and(c) above, it can be seen with certainty that
there is no possibility that this ordinance will have a significant effect on the environment.
Furthermore, any application that is subject to the proposed amendments will be subject to
review in accordance with CEQA requirements; 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 amendment contained below modifies Table 4.3, Table 4.4, and Chapter 28
(Glossary) of the City's Implementing Zoning Ordinance; 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, on June 21, 2022 the Petaluma Planning Commission considered the proposed Zoning
Text Amendment at a duly noticed public meeting at which time all interested members of the public were
provided the opportunity to provide public comment; and
Planning Commission Resolution No.2022-10 Page 8
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WHEREAS, at the conclusion of said public hearing, the Planning Commission adopted Resolution
No. 2022-XX, recommending the City Council adopt the amendments; and
WHEREAS, on July 8, 2022 the public notice of the July 18, 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 July 18, 2022 the City Council of Petaluma held a duly noticed public hearing to
consider the amendments.
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:
6. The above recitals are hereby declared to be true and correct and are incorporated into this
resolution as Endings of the City Council.
7. The Zoning Text Amendments outlined below are exempt from the California Environmental
Quality Act(CEQA)based on the following:
e. This ordinance is not a"project"within the meaning of Section 15378 of the CEQA Guidelines,
because it is administrative activity with no potential for resulting in direct or indirect physical
change in the environment, as the amendments address the process for review and approval of
development applications in Petaluma and do not change the land uses that are permitted in
the City or the locations where permitted uses may occur.
f. If the ordinance was a"project"under CEQA,they would be categorically exempt from CEQA
under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant
to its police power to assure maintenance, restoration, enhancement, and protection of the
environment where the regulatory process involves procedures for protection of the
environment. The proposed amendments provide for protection of the environment by
granting City approving bodies discretionary authority to condition projects to mitigate their
potential environmental impacts.
g. The proposed ordinance is also exempt from CEQA requirements pursuant to Section 15183
of the CEQA Guidelines as the proposed amendments are consistent with the City's General
Plan,including General Plan Goal 9-G-1,Policy 9-P-2, and Program 9-P-2-A, and there are no
reasonably foreseeable environmental effects peculiar to the amendments as they do not
discontinue any currently approved uses or limit the locations of any uses (See, Wal-Mart
Stores, Inc., et al v. City of Turlock(2006) 138 Cal.App.41n)
h. 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 (a), (b), and (c) above, it can be seen with certainty that
there is no possibility that this ordinance will have a significant effect on the environment.
Furthermore, any application that is subject to the proposed amendments will be subject to
review in accordance with CEQA requirements.
8. 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 contain below are
Planning Commission Resolution No.2022-10 Page 9
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in general conformity with the 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 21, 2022 Planning Commission staff report.
9. 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 land use
regulations to provide greater discretion to review specific commercial land use types when more
than 25,000 square feet in order to evaluate potential impacts and ensure that new commercial
development has a net positive impact for the community and implements the policies of the
General Plan and Resolution No. 2019-136 N.C.S.
Section 2. Table 4.3 entitled"Allowed Land Uses and Permit Requirements for Mixed Use Zones"is
hereby amended to differentiate the Building and Landscape Materials Sales Indoor, General Retail, and
Groceries/Specialty Foods land uses between those that are 25,000 square feet and less and those that are
more than 25,000 square feet and add footnote 20 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 MU113 MU1C MU2
Building and Landscape Materials P P - P
Sales Indoor—25,000 sf or less
Building and Landscape Materials CUP(20) CUP(20) -- CUP(20)
Sales Indoor—More than 25,000 sf
General Retail—25,000 sf or less P P - P
General Retail—More than 25,000 sf CUP 20 CUP 20 - CUP(20)
Groceries/Specialty Foods—25,000 sf P P - P
or less
Groceries/Specialty Foods—More CUP(20) CUP(20) - CUP(20)
than 25,000 sf
20 To be processed as a Major Conditional Use Permit at the discretion of the Planning Commission.
Section 3. Table 4.4 entitled "Allowed Land Uses and Permit Requirements for Commercial,
Business Park, and Industrial Zones" is hereby amended to differentiate the Building and Landscape
Materials Sales Indoor, General Retail, and Groceries/Specialty Foods land uses between those that are
25,000 square feet and less and those that are more than 25,000 square feet and add footnote 20 to read as
follows:
Table 4.4 Allowed Land uses and Permit Requirements for Commercial, Business Park,and Industrial Zones
Land Use Type(1) Permit Required by Zone Specific Use
Regulations
C1 C2 BP I
Building and Landscape Materials P P - -
Sales Indoor—25,000 sf or less
Building and Landscape Materials CUP(20) CUP(20) - -
Sales Indoor—More than 25,000 sf
General Retail—25,000 sf or less P P - -
General Retail—More than 25,000 sf CUP(20) CUP(20) - -
Groceries/Specialty Foods—25,000 sf P P -or less
Groceries/Specialty Foods—More CUP(20) CUP(20) --
than 25,000 sf
Planning Commission Resolution No.2022-10 Page 10
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20 To be processed as a Major Conditional Use Permit at the discretion of the Planning Commission.
Section 4. The definition of "Building and Landscape Materials Sales — Indoor" in Chapter 28
(Glossary) is hereby amended to read as follows:
Building and Landscape Materials Sales—Indoor.Retail establishments selling hardware,lumber and other large building
materials. Includes paint,wallpaper,glass,fixtures. Includes all these stores selling to the general public,even if contractor sales
account for a major proportion of total sales.Establishments primarily selling electrical,plumbing,heating,and air conditioning
equipment and supplies are classified in"Warehouse,Wholesaling and Distribution."
Section 5. The definition of "General Retail" in Chapter 28 (Glossary) is hereby amended to delete the
reference to"Building and Landscape Materials Indoor"from the list of example uses that fall under General Retail.
Section 6. Except as amended by Section 2 and Section 3 above, all other provisions of Tables 4.3
and 4.4 remain unchanged and in full force and effect.
Section 7. Except as amended by Section 4 and Section 5 above, all other provisions of Chapter 28
(Glossary)remain unchanged and in full force and effect.
Section 8. 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 9. 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 10. Effective Date. This ordinance shall become effective thirty(30)days after the date of its
adoption by the Petaluma City Council.
Section 11. 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.2022-10 Page 11