HomeMy WebLinkAboutPlanning Commission Resolution 2019-23 12/17/2019 RESOLUTION 2019-23
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A ZONING TEXT AMENDMENT
TO MODIFY THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE 2300 N.C.S., CHAPTER 4 (ZONE DISTRICTS AND ALLOWABLE LAND USES),
SECTION 7.030 (ACCESSORY DWELLING UNITS), SECTION 7.035 (JUNIOR ACCESSORY
DWELLING UNITS), TABLE 11.1 (NUMBER OF PARKING SPACES REQUIRED),
CHAPTER 22 (NON-CONFORMING USES), AND CHAPTER 28 (GLOSSARY)
TO ADDRESS CONSISTENCY WITH CALIFORNIA SENATE BILL 13, ASSEMBLY BILL 68,
ASSEMBLY BILL 587, ASSEMBLY BILL 670, AND ASSEMBLY BILL 881
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 State of California, recognizing the importance of Accessory Dwelling Units in
addressing California's severe housing crisis, amended Government Code Sections 65852.2 and Section
65852.22, added Government Code Section 65852.26, added Section 17980.12 to the Health and Safety
Code,and amended Civil Code Section 4751 to help reduce development barriers and expand potential
capacity to build Accessory Dwelling Units and Junior Accessory Dwelling Units; and
WHEREAS, California Senate Bill 13, Assembly Bill 68, Assembly Bill 587, Assembly Bill 670 and
Assembly Bill 881 were signed into law on October 9, 2019 and become effective on January 1, 2020; and
WHEREAS, Senate Bill 13, Assembly Bill 68 and Assembly Bill 881 make changes to existing state
legislation regarding development standards, development impact and capacity fees, and amnesty for
Accessory Dwelling Units and Junior Accessory Dwelling Units; and
WHEREAS, Assembly Bill 670 voids restrictions within common interest developments that inhibits
construction of Accessory Dwelling Units according to specific criteria; and
WHEREAS, Assembly Bill 587 establishes a process by which Accessory Dwelling Units may be sold
separately from a primary residence; and
WHEREAS, proposed Zoning Text Amendments modify the following existing regulations in order to
ensure consistency with the above changes to State law, staff recommends text amendments to the
City's Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Chapter 4—Zone Districts and Allowable
Land Uses, Chapter 7 Section 7.030— Accessory Dwellings, Chapter 7 Section 7.035— Junior Accessory
Dwellings, Chapter 1 1 Table 11.1 — Parking Spaces Required, Chapter 22— Non-Conforming Uses, and
Chapter 28—Glossary; and
WHEREAS, an eighth page public notice of the December 17, 2019 public hearing before the
Planning Commission to consider the amendments was published in the Argus-Courier on December 5,
2019; and,
WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing
to consider the zoning text amendments on December 17, 2019, at which time all interested parties had
the opportunity to be heard; and
Planning Commission Resolution No.2019-23 Page 1
WHEREAS, the Planning Commission considered the staff report dated December 17, 2019,
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.
NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows:
1. The proposed amendments to the Implementing Zoning Ordinance Chapter 4, Chapter 7 Sections
7.030 and 7.035, Chapter 1 1 Table 1 1.1, Chapter 22, and Chapter 28 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 December 17, 2019 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, provide greater flexibility to facilitate the production of
ADUs which provides essential housing for Petaluma residents, implementing the policies of the
General Plan, and that they ensure consistency with state mandates.
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 21080.17 which exempts the adoption of an ordinance
by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government
Code.
ADOPTED this 17th day of December, 2019, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember McDonnell X
Chair Alonso X
Vice Chair Bauer X
Gomez X
Marzo X
Potter X
Streeter X
Scott Alonso, Chair
ATTES : APPROVED AS TO FORM:
H ther Hines, Commxsion Secretary Lisa Tennenbaum, A istant City Attorney
Planning Commission Resolution No,2019-23 Page 2