HomeMy WebLinkAboutPlanning Commission Resolution 2011-04 10/11/2011 RESOLUTION NO. 2011-04
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF
CHAPTERS 4, 7, 8, AND 24 OF THE CITY OF PETALUMA
IMPLEMENTING ZONING ORDINANCE TO PROMOTE
ECONOMIC DEVELOPMENT
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance
provides in pertinent part that no amendment shall be made to the Implementing Zoning
Ordinance unless the Planning Commission and City Council find the amendment to be in
conformity with the General Plan; and,
WHEREAS, on November 15, 2010 the Petaluma City Council accepted the Petaluma
Economic Development Strategy which identifies filling nonresidential vacancies and expanding
tourism among other strategies as short -term, high - priority economic development initiatives for
improving Petaluma's economic climate; and,
WHEREAS, staff has proposed a series of text amendments to Chapter 4, Section 4.030;
Chapter 7, Section 7.100, Chapter 8, Section 8.030; and Chapter 24 Section 24.010 and 24.030 of
the Implementing Zoning Ordinance aimed at reducing barriers to filling existing vacancies and
extending the life of certain development approvals; and,
WHEREAS, a public notice of the October 11, 2011 public hearing before the Planning
Commission was published in the Argus- Courier on September 29, 2011; and,
WHEREAS, on October 11, 2011, the Planning Commission held a duly- noticed public
hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 24.010.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby finds that the
proposed amendments contained in this Resolution to the City's Implementing Zoning Ordinance,
Chapter 4, Section 4.030; Chapter 7, Section 7.100, Chapter 8, Section 8.030; and Chapter 24
Sections 24.010 and 24.030, are in general conformity with the Petaluma General Plan 2025, in that
these changes may have the effect of reducing vacancies, encouraging new development,
promoting job growth, and assisting in the preservation of historic structures, thereby contributing to
the City of Petaluma's economic base, yielding net fiscal benefits and contributing to a
economically vital and diverse community; and,
BE IT FURTHER RESOLVED by the Planning Commission that the following proposed
amendments to the Implementing Zoning Ordinance, Chapter 4, Section 4.030; Chapter 7, Section
7.100, Chapter 8, Section 8.030; and Chapter 24 Sections 24.010 and 24.030, are hereby referred to
the Petaluma City Council for consideration and findings in accordance with Section 25.010 of the
Implementing Zoning Ordinance.
Planning Commission Resolution No. 2011 -04 Page 1
Section 4.030 — Allowable Land Uses and Permit Requirements — Tables 4.1 through 4.5
Amend Footnote 6 as follows:
Note:
(6) Use permitted an upper floor or behind ground floor street fronting use
unless otherwise approved with a CUP
Section 4.030 — Allowable Land Uses on and Permit Requirements — Tables 4.1 and 4.2
Amend the Lod Bed &Breakfast Inn land use typ as follows:
Natural and Rural Zo nes
P(16).'!"21;.,_4,4,-. P eltt ed ' Use 'r
� fd
TA . SCUP : Conditio ireme UsePermltfRequired
S' A a Permit Requ iri Spe " cific Use
Allowed L (Jses and�Permit�Re Natural Regulations .- `� , - ' tr
a Rural Z y Uses
, X14 A Accessor .
UsexNot Allowed
' " c ( ' 4 '. . ° ;,; mad*ryr .,.,.ass, ?
! " P re mi tRequir ed by
4 _. Zone Specific Use .
, LAN D US TYPE ( 1; } r : w . � OSP ' AG RR. R � ,, Regulations $ p a
LODGING
Lodging Bed &Breakfast Inn B &B — — — CU Section 7.100
Residential Z ones
y : P(16) Permitted Use
TA BLE 4 2 . CUP C n d it ional Use Pe Required
r Permit Requirement in ' S pecific Us e' i - �ha ,
Allowed L= and Uses and Pe Req u ir ements for Res idential Regul 4 � '
Uses` � .4',..'74.., f I�Accesso
1 ' ; u , . s cil i r e Allowe 4 .
� `� �< Permit Re aired by Z S p eci is se 04
LAND USE TYPE �1° ° � � �� R23 " R3 R4 5 Regu lations ,
LODGING
Lodging Bed & breakfast inn (B &B) CUP CU - — Section 7.100
Chapter 7 — Standards for Specific Land Uses
Add a new section as follows:
7.100 Bed & idential zo ning district.
A. Pur pose. The intent of this section and the standards outlined below are to ass in
preservation and adaptive reuse of the city's historic resources, to serve visitors of
Petaluma, to ensure that bed and breakfast inns are compatible with the residential
area and to preserve the residential character of the neighborhoods in which they are
located.
Planning Commission Resolution No. 2011-04 Page 2
B. Permit Required. No bed and breakfast inn shall be established within a residential
zoning district where otherwise allowed as outlined in Tables 4.1 and 4.2 without
application for and approval of a Conditional Use Permit in compliance with Section
24.030.
C. Findings. In addition to standard use permit findings in Chapter 24.030, the decision
making body shall make the following findings prior to approval of a use permit for the
establishment of a bed and breakfast inn in a residential zoning district:
1. The establishment of the bed and breakfast inn is consistent with General Plan
policies regarding historic preservation;
2. The bed and breakfast inn use will not be detrimental to the historic or architectural
character of the existing building(s); and
3. The bed and breakfast inn use is compatible with and will not be detrimental to the
character of the neighborhood and surrounding land uses.
D. Requirements and Conditions. The following requirements and conditions apply to all
bed and breakfast establishments within residential zoning districts:
1. Adaptive Reuse. Establishment of bed and breakfast inns shall be limited to the
adaptive reuse or conversion of an historic or architecturally unique residential
structure and shall not require significant exterior modifications that would diminish
the uniqueness or significance of the residential structure or surrounding
neighborhood.
2. Concentration. When a new bed and breakfast inn is proposed within 300 feet of
another bed and breakfast inn, the decision - making body shall make an additional
finding prior to approval of the use that the new bed and breakfast inn does not
harm the character of adjacent residential properties. In considering the findings
required by this subsection and subsection 7.100.0 above, the decision maker shall
also consider the number of existing and proposed bed and breakfast inns within 300
feet of the proposed use in determining whether the proposed use is compatible
with and not detrimental to the character of the neighborhood and surrounding
land uses and /or not harmful to the character and /or livability of adjacent
residential properties.
3. Modifications. New structures or additions to the existing structure shall be designed
to maintain the established residential character and scale of the individual property
and the surrounding neighborhood.
4. Limit on Maximum Number of Guest Rooms. The number of quest rooms permitted
shall be determined in the Conditional Use Permit process based on the size of the
existing building, grounds and site; the relationship of the site to the character, size
and scale of surrounding neighborhood buildings; and visitor access and parking. In
general, the number of guest rooms should not exceed 7.
5. On -Site Manager. An on -site manger shall maintain residence on the subject site.
6. Length of Stay. Visitor occupancy shall be limited to a maximum of twenty -nine
consecutive days.
Planning Commission Resolution No. 2011-04 Page 3
7. Food Service. Food service shall be limited to registered overnight guests only and
shall not include an independent restaurant. Cooking facilities in individual rental
guestrooms are prohibited.
8. Events. Amplified music, lawn parties, outdoor weddings, and other similar activities
shall not occur on site unless specifically allowed through the approved Conditional
Use Permit. All such ancillary uses shall comply with the requirements of the
Performance Standards.
9. Signs. One on -site sign shall be allowed on each street frontage. Said signs shall be
indirectly illuminated and each sign shall not exceed two square feet in area,
consistent with Section 20.110 (B)(4).
10. Parking. On -site parking shall be provided as required in Table 11.1 for Bed and
Breakfast Inns.
11. Transient Occupancy Tax. Bed and breakfast rentals shall be subject to the City's
transient occupancy tax.
8.030 - Zones for Alcoholic Beverage Establishments
Amend as follows:
Alcoholic beverage establishments are conditional uses only in the commercial and mixed use
zones, C1, C2, MU 1 A, MU 1 B, and MU2 and in certain P.U.D.'s where appropriately designated
as identified by the Zoning Ordinance and General Plan. • e - - - - - • - -- - - - s-
e- -- - - - - - - = - - - - - ... •- e -- - - - - A tasting room
which qualifies as an ancillary use pursuant to Section 8.035 may also be allowed in the
industrial and business park zones, I and BP.
8.035 - Tasting Rooms
Tasting rooms associated with an alcohol production facility may be considered ancillary to
the primary use and approved by the Zoning Administrator as provided by Section 24.030(M),
upon compliance with all of the following criteria:
A. The tasting room shall be located on the premises of the alcohol production facility
and operations shall be ancillary to the primary use;
B. The tasting room shall not operate as a standalone bar or tavern;
C. The tasting room shall only serve and /or sell those beverages produced by the
company on site; and
D. The tasting room shall comply with all applicable ABC and State regulations for wine,
beer, and distilled spirit manufacturers and tasting rooms.
E. In addition to satisfying all of the above criteria, prior to issuance of a minor conditional
use permit hereunder, the Zoning Administrator must determine that the minor
conditional use permit also meets the general welfare standard set forth as a required
finding for CUPs in Section 24.030.H.
24.010 - Site Plan and Architectural Review
Amend as follows:
Planning Commission Resolution No. 2011 -04 Page 4
I. Expiration of Permit. _ _ _ _ _ _ •_ - _ - - ae _ - - - _ - _ _ -o
e _ - _ , • ae e- • a- - _ • a- _ _ _ _ - _ _ - • ae _ - -• - • - e Site Plan and
Architectural Review approval shall automatically expire within twelve (12) months of site
_ ea _ _ _ - - - e approval unless the permit has been exercised or ,
e - _ _ _ _ _ e _ - e - _ - - _ e, unless a six month extension is requested and
date an extension of time is approved in compliance with subsection J. The approval shall
not be deemed "exercised" until the permittee has substantially commenced the approved
use on the site in compliance with the conditions of approval or an application for building
permit has been submitted in compliance with the conditions of approval. The approval
shall remain valid after it has been exercised as long as a building permit remains active or
a final building inspection or certificate of occupancy has been granted. Upon expiration of
Site Plan and Architectural Review approval, no further work shall be done on the site until a
new approval is first obtained.
J. Extension of Time. Upon submittal of an application to the Community Development
Department on a form prescribed for this purpose by the Department, the Director may
extend the time limit established in subsection A for Site Plan and Architectural Review
approval.
1. The application filed shall include a written request for an extension of time and shall
be filed at least 30 days prior to the expiration of the Site Plan and Architectural
Review approval, together with the filing fee required by the adopted Fee Schedule.
2. The Director shall determine whether the applicant has made a good faith effort to
exercise the approval. The applicant shall establish by substantial evidence, that
circumstances beyond the control of the applicant have created an inability to
commence the use or apply for a building permit within the time period in
subsection A hereof. For purposes of this subsection only, such circumstances may
include but are not limited to financial hardship, temporary delay or unavailability of
funding, unanticipated delays in securing necessary property rights for the project,
unanticipated or abnormal weather conditions sufficient to delay commencement
or completion of construction or pre- construction activities.
3. The Director may grant up to three, 12 -month extensions to the expiration date of
the original approval only upon the Director's determination that conditions of the
site and in the vicinity of the project are substantially the same as when the permit or
approval was originally granted and /or that any changes which have occurred do
not affect the validity of the findings for the original approval, that the project is still
in general conformance with General Plan and zoning ordinance requirements and
that the applicant has made a good faith effort to exercise the approval. Only one
12 -month extension may be granted at a time.
24.030 - Conditional Use Permits
Amend as follows:
E. Public Hearing. The Planning Commission shall hold at least one (1) public hearing on each
application for a conditional use permit except for minor conditional use permits as
provided in subsection P hereof.
J. Revocation. Upon violation of any applicable provision of this Ordinance, or, if granted
subject to a condition or conditions, upon failure to comply with the condition or conditions,
a certified letter shall be sent to the permittee informing the permittee of the facts
constituting noncompliance and stating that the permittee has twenty (20) calendar days
from the date the letter is received to comply with the provisions and conditions of the use
Planning Commission Resolution No. 2011 -04 Page 5
permit. If after twenty (20) days has elapsed from the date of said notice, the permittee has
failed to comply with the provisions and conditions of the use permit, the Director shall send
a certified letter to the permittee suspending the use permit and advising the permittee of
the permittee's right to be heard by filing an appeal pursuant to Section 24.070 within
twenty (20) days of the second notice letter. The suspension will be in effect for twenty (20)
calendar days from the date of notification_ e •_ - - _ - - _ - _ - _ _ _ - _
under the use permit be suspended. If, after the twenty (20) days suspension the violation
has not been remedied, and the permittee has failed to file a timely erg appeal, filed -the
use permit shall be deemed revoked and shall be null and void without further action by the
City.
K. Expiration of Permit. In any case where a cA Conditional Uyse Ppermit shall automatically
expire within twelve (12) months of approval unless the permit has been exercised or unless
an extension of time is approved in compliance with subsection L. The approval shall not be
deemed "exercised" until the permittee has substantially commenced the approved use on
the site in compliance with the conditions of approval or an application for building permit
has been submitted in compliance with the conditions of approval. has not been iced
24.030(J)(2) may, within twenty four months of its expiration, be approved by the Zoning
Administrator as provided by Section 24.030(M) for a single period not to exceed one (1)
L Extension of Time. Upon submittal of an application to the Community Development
Department on a form prescribed for this purpose by the Department, the Director may
extend the time limit established in Subsection K for the initial life of an approved
Conditional Use Permit which has not been exercised.
1. The application filed shall include a written request for an extension of time and shall
be filed at least 30 days prior to the expiration of the Conditional Use Permit,
together with the filing fee required by the adopted Fee Schedule.
2. The Director shall determine whether the applicant has made a aood faith effort to
exercise the approval. The applicant shall establish, with substantial evidence, that
circumstances beyond the control of the applicant have created an inability to
commence the use or at for a building permit within the time period in
subsection A hereof. For purposes of this subsection only, such circumstances may
include but are not limited to financial hardship, temporary unavailability or delay in
funding, unanticipated delays in securing necessary property rights for the project,
unanticipated or abnormal weather conditions sufficient to delay commencement
or completion of construction or pre - construction activities. These circumstances
apply only to the extension of time for commencement of use under a newly issued
use permit and not to cessation of activity for purposes of abandonment of a use
permit, pursuant to Section 24.010.J.4. hereof.
3. The Director may grant up to three, 12 -month extensions to the expiration date of
the original approval only upon the Director's determination that conditions of the,
site and in the vicinity of the project are substantially the same as when the permit or
approval was originally granted, and /or that any changes which have occurred do
not affect the validity of the findings for the original approval, that the project is still
Planning Commission Resolution No. 2011 -04 Page 6
in general conformance with General Plan and zoning ordinance requirements, and
that the applicant has made a good faith effort to exercise the approval. Only one
12 -month extension may be granted at a time.
M. Abandonment. Whenever the use permitted by a Conditional Uuse Permit has been
abandoned, the permit shall be deemed revoked, and shall be null and void. For purposes
of this section, "abandonment" means:
1. Cessation of the use permitted by the permit for a period of one year.
2. Institution of a different use which does not include the use which is the subject of
the permit.
3. Receipt of and commencement of use under a new use permit for a use or
combination of uses not previously permitted.
4. Cessation of diligent activity to construct the permitted use for a period of one year
or more, once begun, unless the cessation of activity is due to factors beyond the
control of the property owner. For purposes of this subsection only In this context,
lack of adequate financing, bankruptcy or financial failure of the owner or his
agent, employees, contractors, or investors will be deemed to be within the control
of the owner.
Upon abandonment, any affected owner may apply for a new Conditional Uuse Ppermit,
which shall be governed by regulations in effect at the time of approval thereof, if such
approval is forthcoming.
N. New Application. Following the denial of a use permit application or the revocation of a
use permit, no application for a use permit for the same or substantially the same
conditional use on the same site shall be filed within one (1) year from the date of denial or
revocation of the use permit. The Zoning Administrator shall determine in his /her discretion
whether the proposed use is the same or substantially the same for purposes of this
subsection.
O. Use Permit to Run with Land. A use permit granted pursuant to the provisions of this Chapter
shall run with the land and shall be valid for the successors in interest of the original grantee.
P. Minor Use Permits. For minor use permits, the Zoning Administrator is hereby empowered to
receive applications, notify pursuant to Section 24.030(F), offer the opportunity e# for public
hearings, o or approve subject to the same findings and conditions as required of the
Planning Commission. For purposes of this section, "minor use permits" include minor exterior
modifications or enlargements to existing use permits, said modifications or enlargements
being inconsequential in nature and not involving a significant change in operations; minor
extension of operating hours to existing use permits where the business has no appreciable
outside noise and /or does not affect an abutting o residential district; new use permits
where the use is of the same or more restricted nature as the previous use occupying the
site; new use permits to authorize dwelling groups, in accordance with the provisions of
Section 7.040; new use permits for tasting rooms pursuant to Section 8.035, new use permits
to authorize the establishment of conditional uses in commercial and industrial districts
where the Zoning Administrator finds that the use will be compatible with adjacent uses and
is in conformance with typical development standards, e.g., parking, landscaping, fencing,
etc., and applicable performance standards; new use permits to authorize existing single -
household dwellings or to reestablish single - household dwellings in selected commercial
districts; previously approved use permits which have expired within the past twenty -four
months; minor telecommunications facilities in accordance with the provisions of Petaluma
Municipal Code 14.44.20.
Planning Commission Resolution No. 2011 -04 Page 7
0. Referral to Planning Commission. The Zoning Administrator may refer to the Planning
Commission for a public hearing any project and projects for which adverse impacts have
been identified as the result of information received in response to public notification and in
the determination of the Zoning Administrator, the identified impacts cannot be adequately
controlled or mitigated.
R. Appeal. As prescribed in Section 24.070.
BE IT FURTHER RESOLVED that the Planning Commission recommends staff and legal review
of providing a longer or unlimited extension period and /or elimination of the good cause
requirement for extensions of entitlements for public facilities in Section 24.010 and Section 24.030,
for potential consideration by the City Council; and
BE IT FURTHER RESOLVED that the Planning Commission recommends staff further explore
retroactive application of the entitlement extension provisions in the proposed changes and
develop a method by which this could be implemented prior to the City Council hearing; and
BE IT FURTHER RESOLVED that the Planning Commission recommends that Staff develop
and the City Council adopt a further change to the IZO, increasing the noticing requirement for
Bed and Breakfast Inn proposals to include mailed notice to properties within 1,000 feet of the
proposed use.
ADOPTED this 11th day of October 2011, by the following vote:
C ommittee M emb er v 1 Aye No` ° A bsent Abstain
Abercrombie X
Albertson X
2nd Vice Chair Elias X
Herries X
Chair Johansen X
Vice Chair Pierre X
Wolpert X
Curtis Johansen, Chair
ATTEST: APPROVED AS TO FORM:
/ -4- .. k eg : ). g
/ 1,0 z ij
7 ather Hines, Co./nmission Secretary Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No. 2011 -04 Page 8