HomeMy WebLinkAboutPlanning Commission Resolution 2021-08 03/23/2021 DocuSign Envelope ID:6454C5C8-OC68-4FB1-9135F-1E96813AD431D
RESOLUTION 2021 -08
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A ZONING TEXT AMENDMENT OF THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., SECTION 6.070
(GENERAL PROVISIONS - EQUIPMENT FREEBOARD FOR RESIDENTIAL PROJECTS)
WHEREAS, the City of Petaluma strives to maintain low flood insurance premiums for its residents
by participating in the National Flood Insurance Program, Community Rating System (CRS) program
provided by the Federal Emergency Management Agency (FEMA); and
WHEREAS, the CRS is a voluntary program that provides flood insurance premium discounts to
communities that implement programs and measures that exceed the minimum floodplain management
requirements of the National Flood Insurance Program (NFIP); and
WHEREAS, the City of Petaluma has participated in this program since 2001, currently with a Class
6 rating that provides a 20% flood insurance discount to residents in the flood plain, and
WHEREAS, the CRS determines discounts based on credit points provided for floodplain
management activities, and
WHEREAS, to achieve certain CRS class ratings, communities must meet certain program
prerequisites in addition to the credit points; and
WHEREAS, in January 2021, the Community Rating System implemented a new Class 8 machinery
and equipment freeboard prerequisite for all participating and new CRS communities, applicable to
Classes 5 through 8 (Classes 1 through 4 already meet the new freeboard prerequisite); and
WHEREAS, by adopting the proposed changes to Chapter 6 regarding equipment freeboard, the
City will remain in compliance with the FEMA prerequisites for Class 6 and continue progress toward the
goal of reaching CRS Tier 5 or lower; and
WHEREAS, the City of Petaluma's Implementing Zoning Ordinance (IZO) §25.010 provides in
pertinent part that no amendment that regulates matters listed in Government Code § 65850 shall be
made to the IZO unless the Planning Commission and City Council find the amendment to be in
conformity with the General Plan; and
WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing
to consider the zoning text amendment on March 23, 2021, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, the Planning Commission considered the staff report dated March 23, 2021, including
the California Environmental Quality Act (CEQA) determination included therein; and
WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated
by the Community Development Director.
Planning Commission Resolution No.2021-08 Page 1
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NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows:
1. The proposed amendments to the Implementing Zoning Ordinance Section 6.070 are in general
conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of
the Petaluma General Plan, as described in the March 23, 2021 Planning Commission staff report.
2. The proposed amendments are consistent with the public necessity, convenience,and welfare in that
they update and clarify existing regulations and allow the City to maintain its Tier 6 CRS class and
associated 20% flood insurance premium reduction for the community, as well as implement the
policies of the General Plan.
3. The proposed ordinance, attached hereto as Exhibit 1, is hereby referred to the Petaluma City Council
for consideration and findings in accordance with IZO §25.010 and 25.050.
4. The proposed zoning text amendments are 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. The proposed
amendment only modifies the residential construction freeboard requirement for machinery and
equipment, and therefore will not pose a significant environmental impact. Therefore, it can be seen
with certainty the proposed amendment would not cause a direct or indirect significant effect on the
environment.
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ADOPTED this 23rd day of March 2021, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember Fischer X
Chair Bauer X
Vice Chair Alonso X
Hooper X
Marzo X
Potter X
Rider X
DocuSigned by: I
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WAMe Chair
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
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Planning Commission Resolution No.2021-08 Page 3
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Exhibit 1
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S.,
SECTIONS 6.070.D AND 6.070.G (GENERAL PROVISIONS) FOR THE PURPOSE OF
ESTABLISHING FREEBOARD REQUIREMENTS FOR INSTALLED EQUIPMENT FOR
RESIDENTIAL CONSTRUCTION AND MANUFACTURED HOME PARKS
WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in
pertinent part that no amendment that regulates matters listed in Government Code § 65850 shall be made
to the IZO unless the Planning Commission and City Council find the amendment to be in conformity
with the General Plan; and
WHEREAS,the proposed amendments are consistent with the public necessity, convenience, and
welfare in that they update and clarify existing regulations strengthening flood resiliency, allow the City
to maintain its Tier 6 CRS class and associated 20% flood insurance premium reduction for the
community, as well as implement the policies of the General Plan; and
WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public
hearing to consider the zoning text amendment on March 23, 2021, at which time all interested parties had
the opportunity to be heard; and
WHEREAS, the Planning Commission considered the staff report dated March 21, 2021,
including the California Environmental Quality Act (CEQA) determination included therein; and
WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been
initiated by the Community Development Director; and
WHEREAS,after said public hearing,the Planning Commission adopted its Resolution No.2021-
08, recommending that the City Council adopt the zoning text amendments; and
WHEREAS, on March 25, 2021, a public notice of the April 5, 2021 public hearing before the
City Council to consider the amendments was published as an eighth page ad in the Argus-Courier in
compliance with Government Code § 65091; and,
WHEREAS,on April 5, 2021,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:
5. The proposed amendments to the Implementing Zoning Ordinance Section 6.070.D are in general
conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of
the Petaluma General Plan, as described in the March 23, 2021 Planning Commission staff report.
6. The proposed amendments are consistent with the public necessity, convenience, and welfare in that
they update and clarify existing regulations to strengthen flood resiliency, and allow the City to
maintain its Tier 6 CRS class and associated 20% flood insurance premium reduction for the
community, as well as implement the policies of the General Plan.
Planning Commission Resolution No.2021-08 Page 4
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7. The proposed zoning text amendments are 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. The proposed
amendment modifies only the residential construction freeboard requirement for machinery and
equipment and therefore will not pose a significant environmental impact. Therefore, it can be seen
with certainty the proposed amendment would not cause a direct or indirect significant effect on the
environment.
Section 2: Section 6.070.1) (General Provisions) of the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. is hereby amended as follows:
6.070-General Provisions
The provisions of this chapter are applicable to all Areas of Special Flood Hazard within the City of Petaluma.
D. Residential Construction(except Mobile Home Parks). New construction and substantial improvement/substantial damage of any
residential structure permitted in FP-C (Flood Plain-Combining)zones shall have the lowest habitable floor, including basement,
and all machinery and equipment including but not limited to electrical, heating, ductwork, ventilation, plumbing, and air
conditioning,elevated at least 12 inches above the level of the base flood elevation or depth number specified on the FIRM(Flood
Insurance Rate Map),whichever applies to the area, unless otherwise restricted in Section 6.070(D2). Upon the completion of the
structure,the elevation of the lowest floor,including basement,shall be certified by a registered professional engineer or surveyor,
to be properly elevated. The datum for this elevation shall be as specified in this article. Such certification or verification shall be
provided to the Floodplain Administrator.
1. Manufactured Home Parks. No new manufactured homes shall be placed within floodway areas. Existing
manufactured home parks within flood plain areas may be expanded and new manufactured homes parks constructed
only when the lowest floor of each manufactured home, and substantially improved/damaged, reconstructed
manufactured homes; including all machinery and equipment including but not limited to electrical, heating, ductwork,
ventilation, plumbing,and air conditioning, of such park is elevated at least 12 inches above the base flood elevation on
reinforced piers or other foundation elements equal in force, unless otherwise restricted in Section 6.070 (D2), and
adequate access and drainage are provided. Existing manufactured home parks in floodway areas may not be expanded
under any circumstances.
All applications for new manufactured home parks/subdivisions, or ten percent or greater physical expansion in the
number of manufactured homes existing prior to the adoption of this ordinance,located in a Floodplain, shall include an
emergency evacuation plan describing how property and life will be protected in the event of flooding.
G. Standards of Construction. In all areas of special flood hazards designated FP-C,the following standards are required:
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
b. All manufactured homes shall meet the anchoring standards of Section 6.070(F6).
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and utility equipment
resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and practices that
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minimize flood damage.
c. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of flooding. Reference
Section D for minimum freeboard requirements.
d. All new construction and substantial improvements within Zones AH, AO, or VO shall provide adequate
drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
Section 3: 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 4: 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 5: Effective Date. This ordinance shall become effective thirty(30) days after the date of its
adoption by the Petaluma City Council.
Section 6: Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
ordinance or a synopsis for the period and in the manner provided by the City Charter and
other applicable law.
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