HomeMy WebLinkAboutPlanning Commission Resolution 2021-14 06/22/2021 DocuSign Envelope ID:304068DC-4A85-489F-84D9-26AAA3DE422A
RESOLUTION 2021 -14
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND
THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S.,
TO MODIFY SECTION 7.110 (SHORT TERM VACATION RENTALS)
WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Implementing
Zoning Ordinance (IZO) Section 7.110 to eliminate the sunset clause applicable to Short Term Vacation
Rentals; 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 the City's
Implementing Zoning Ordinance Section 7.1 10; and
WHEREAS, the text amendments contained in Exhibit 1 would provide minor updates to eliminate
the sunset clause that as currently written cancels the City's established program to allow short term
vacation rentals within the City of Petaluma; and
WHEREAS, on May 27, 2021, public notice of the June 8, 2021 Planning Commission meeting to
consider the amendments was published in the Argus Courier as an eighth page ad; and
WHEREAS, on June 8, 2021, the Planning Commission continued the item to a date certain of
June 22, 2021; and
WHEREAS, on June 22, 2021 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 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 and as the
proposed amendment only eliminates the sunset provision within the short term vacation rental
regulations it can be seen with certainty the proposed amendment would not cause a direct or indirect
significant effect on the environment; and
WHEREAS, if the proposed zoning text amendment did constitute a project under CEQA it would
be exempt pursuant to CEQA Guidelines Section 15301, Class 1 exemption as the project consists of the
operation of already existing facilities.
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. Finds that the text amendments contained in Exhibit 1 to this resolution, which exhibit is
hereby made a part of this resolution for the purposes, are exempt from CEQA pursuant to
Planning Commission Resolution No.2021-14 Page 1
DocuSign Envelope ID:304068DC-4A85-489F-84D9-26AAA3DE422A
Sections 15061(b)(3) in that the proposed text amendments are minor modifications to
existing regulations to remove the sunset clause applicable to short term vacation rental
regulations as governed by the Implementing Zoning Ordinance. And that if the proposed
zoning text amendment did constitute a project under CEQA it would be exempt pursuant
to CEQA Guidelines Section 15301, Class 1 exemption as the project consists of the operation
of already existing facilities.
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"), finds that 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 June22, 2021 Planning
Commission staff report.
4. In accordance with Section 25.050(B) of the IZO, finds that the proposed amendments are
consistent with the public necessity, convenience, and welfare in that they update and
extend current regulations governing short term vacation rentals.
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.2021-14 Page 2
DocuSign Envelope ID:304068DC-4A85-489F-84D9-26AAA3DE422A
ADOPTED this 22nd day of June 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:
Crbl- a(hmb, Uo— (lair
A3462F96EUA437...
Scott Alonso, Vice Chair
ATTEST: APPROVED AS TO FORM:
E
DocuSigned by: DocuSigned by:
c,af tkiln.t s, fly IkA (,01��1 f� �w�,(e , assisf au �,if� of f b►�,c.�►
62DF5A4F319E4F7... 25B8C556ED25412...
Heather Hines, Commission Secretary Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2021-14 Page 3
DocuSign Envelope ID:304068DC-4A85-489F-84D9-26AAA3DE422A
Exhibit 1
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL
AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE 2300 N.C.S., TO MODIFY SECTION 7.110
(SHORT TERM VACATION RENTALS)
WHEREAS, the City of Petaluma initiated a Zoning Text Amendment to modify Implementing
Zoning Ordinance (IZO) Section 7.110 to eliminate the sunset clause applicable to Short Term Vacation
Rentals; 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 the City's
Implementing Zoning Ordinance Section 7.110; and
WHEREAS, the text amendments contained in Exhibit 1 would provide minor updates to eliminate
the sunset clause that as currently written cancels the City's established program to allow short term
vacation rentals within the City of Petaluma; and
WHEREAS, on May 27, 2021, public notice of the June 8, 2021, Planning Commission meeting to
consider the amendments was published in the Argus Courier as an eighth page ad; and
WHEREAS, on June 8, 2021, the Planning Commission continued the item to a date certain of
June 22, 2021; and
WHEREAS, on June 22, 2021, 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. 2020-XX, recommending the City Council adopt the amendments; and
WHEREAS, on XXX XX, 2021, the public notice of the XXX XX, 2021 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, 2021, the City Council of the City of Petaluma held a duly noticed public
hearing to consider the amendments; and
WHEREAS, 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 and as the
proposed amendment only eliminates the sunset provision within the short term vacation rental
regulations it can be seen with certainty the proposed amendment would not cause a direct or indirect
significant effect on the environment; and
WHEREAS, if the proposed zoning text amendment did constitute a project under CEQA it would
be exempt pursuant to CEQA Guidelines Section 15301, Class 1 exemption as the project consists of the
operation of already existing facilities.
Planning Commission Resolution No.2021-14 Page
DocuSign Envelope ID:304068DC-4A85-489F-84D9-26AAA3DE422A
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 of this ordinance are exempt from CEQA
pursuant to Sections 15061 (b)(3) in that the proposed text amendments are minor
modifications to existing regulations that only apply to short term vacation rentals as
governed by the Implementing Zoning Ordinance. And that if the proposed zoning text
amendment did constitute a project under CEQA it would be exempt pursuant to CEQA
Guidelines Section 15301, Class 1 exemption as the project consists of the operation of
already existing facilities.
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 and implement the General Plan as outlined in the June 22, 2021 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.
Section 2. Section 7.110 (Short Term Vacation Rentals) of the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to eliminate subsection
7.1 10.M in its entirety.
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.2021-14 Page 5