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HomeMy WebLinkAboutOrdinance 2338 N.C.S. 07/06/20091 3 4 6 7 8 9 10 EFFECTIVE DATE OF ®RDINANCE August 6, 2009 Introduced by Teresa Barrett ORDINANCE N0.2338 N.C.S. Seconded by David Glass ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SPECIFIED SECTIONS OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE N.O. 2300 N.C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Council to establish such commissions as shall be necessary for the effective accomplishment of municipal business, provided that a member of the City Council shall be a .member of each commission, commissioners' terms shall not exceed four years, and commissioners that have served continuously for six years shall not be reappointed until at least one year has elapsed after the expiration of the sixth year of service; and, WHEREAS, the City Council of fhe City of Petaluma, on March 30, 2009 directed staff to combine the duties of the Planning Commission and Site Plan and Architectural Review Committee into a single, reconstituted Planning Commission in order to streamline, expedite and enhance the processing and consideration of development applications in the City of Petaluma; and, FINDINGS WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments contained in this ordinance to the City's Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S. are in general conformity with the Petaluma General Plan and any applicable plans, and that the. public necessity, convenience and general welfare require or clearly permit the adoption of the proposed amendments. NOW THEREFORE, be it ordained by the Council of the City of Petaluma as follows: Sectionl .The provisions specified below of the Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. adopted June 2, 2008 and effective July 2, 2008 are hereby amended in accordance with the following: Section 7.090 -Telecommunications Facilities -paragraph (C)(4) - is amended to read as follows: Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101. Ordinance No. 2338 N.C.S. Page 1 Section 11.065 Power of the Zoning Administrator (Director) to Modify Requirements - paragraph (A) - is amended to read as follows: Compact spaces may be proposed as set forth within the adopted City standards, subject to review and approval of the Planning Commission. Section 11.070 -Standards for Off-Street Automobile Parking Facilities paragraph (I) - is amended to read as follows: Parking Stall Size. Parking stall size shall be determined by the Planning Commission in the Site Plan and Architectural Review Procedures and Guidelines. Section 15.020 -Powers and Duties of the Planning Commission and Historic and Cultural Preservation Committee -paragraph (B)(4) - is amended to read as follows: The Historic and Cultural Preservation Committee shall. consist of the membership of the Planning Commission and fwo additional members, one representing the Petaluma Historical Museum and one representing Heritage Homes of Petaluma. Section 16.060 -Single Lot Development- paragraph (C) - is amended to read as follows: Site Plan and Architectural Review. Planning Commission approval is required for new development in the South Hills and West Hills. Section 16.060 Single Lot Development -paragraph (E) - is amended to read as follows: Exception to Required Setback. An exception to the setback required by the underlying zoning district may be provided for as follows: 1. Primary Structure. A primary structure may encroach into a required setback for a distance of not more than one-half of the required setback, subject to approval by the Planning Commission, if it can be found that the decrease minimizes the impact of hillside development and grading and is consistent with the guidelines contained in this chapter. If such a reduction is granted, a compensating increase in setback is required in the opposing setback. For example, afive-foot (5') reduction in a front setback would increase the rear setback by five feet (5'). 2. Required Covered Parking. Required covered parking may encroach into a required front and/or side yard setback if the decrease minimizes the impact of hillside development and grading and is consistent with the guidelines contained in this chapter. Findings Required: When the Planning Commission approves a reduction in the required setback, findings to support the granting of the exception shall be provided. Section 16.060 -Single Lot Development -paragraph (F) - is amended to read as follows: Additional Setback Required. In order to protect significant natural resources or to reduce visual prominence of a proposed development, the Planning Commission may require building setback(s) that exceed(s) the required setback of the underlying zoning district. Ordinance No. 2338 N.C.S. Page 2 Section 16.060 -Single Lot Development -paragraph (G) - is amended to read as follows: Exception to Retaining Wall Height (Section 13.050). For projects subject to Section 16.060, a maximum exposed retaining wall height of 5 feet (5') may be permitted with Planning Commission approval. Section 16.060- Single Lot Development -paragraph (H) is amended to read as follows: Site Design. The following site design guidelines shall be taken into consideration and incorporated into the design of a hillside lot whenever possible. Conformance with these guidelines will be determined by the Planning Commission. 1. Development patterns that form visually protruding or steeply cut slopes for roads or lots should be avoided. 2. Building pads, including spaces leveled for foundations and the grading for driveways and yards, should be as small as possible. 3. Building construction and related site grading should not significantly disturb any ephemeral or perennial watercourse on the site. 4. Buildings should be located to take advantage of existing vegetation for screening. Section 16.060 -Single Lot Development -paragraph (I) is amended to read as follows: Architectural Design. The following architectural design guidelines shall be taken into consideration and incorporated into the design of a hillside lot whenever possible. Conformance with these guidelines will be determined by the Planning Commission as part of project review. 2 3 4 Design buildings to conform to the natural topography and hillside setting of the site; to follow the contours of the site; and to blend with the existing terrain in order to reduce bulk and mass. Scale structures to fit the surroundings, and not visually dominate the landscape. The apparent size of exterior wall surfaces visible from off site may be minimized through the use of single story elements, split level foundations, varying setbacks and structure heights, and landscaping, all designed to break up massive forms. Design buildings to minimize bulk, mass and volume. Bulk and Mass. Bulk and mass should be minimized when developing a hillside parcel. The following methods may be used to minimize the bulk and mass of a building. d. Keep building forms simple (see Figures 1 b.l and 16.2) b. Avoid architectural styles that are inherently viewed as massive and bulky. c. Utilize grading cuts, rather than fills, to create building pads. d. Excavate or use below-grade rooms to reduce effective bulk. The visual area of the building can be minimized through a combined use of grading and landscaping techniques. Earth sheltered buildings and "living roofs" are encouraged. e. Exposed understory stem walls should not exceed 5' and should be finished with visually recessive, earth-toned materials. f. Step the building foundation and roofs with the natural slope (see Figures 16.1 and 16.2). g. Use horizontal and vertical building components to reduce bulk. h. Avoid two story wall planes. Ordinance No. 2338 N.C.S. Page 3 i. Step back the second story so the difference in wall planes is visible from a distance. j. Vary elevations, such as stepping back second stories, to conform with topography. k. Avoid overhanging decks, large staircases, and patios formed by retaining walls that make buildings appear more massive (see Figure 16.3). I. Avoid use of solid wall railings that add to the mass of the design. m. Create light and shadow by providing modest overhangs, projections, alcoves and plan offsets. n. Use a combination of siding materials and articulate walls to reduce expansive, continuous planes. o. Use vaulted ceilings rather than high walls and ceilings to attics above to achieve a feeling of volume. Colors and Materials. The following methods may be used to reduce the visibility of hillside development: a. Use subdued and unobtrusive exterior finish materials and colors for all structures. b. Minimize the use of reflective material. c. Earth tones and colors that occur naturally in the Petaluma hills are encouraged. d. Structures should not call undue attention to themselves when viewed from a public vantage point. 6. Roofs. a. Break roof forms and rooflines into smaller building components to reflect the irregular forms of surrounding natural features (see Figures 16.12 and 16.2). b. Generally orient the slope of the main roof in the same direction as the natural slope of the terrain (see Figures 16.1 and 16.2). c. Avoid large gable ends on downhill elevations. d. Reflective roofing materials are discouraged. Section 16.060 -Single Lot Development -paragraph (J) is amended to read as follows: Process. As prescribed by Section 24.010 (Site Plan and Architectural Review). Section 17.060 -Tree Removal -paragraph (B)(3) is amended to read as follows: Development Projects - If a project applicant chooses to remove trees from a development site the project applicant will be required to replace the tree or trees. Refer to the "Tree Technical Manual" for approved forms of the tree replacement. On projects where Planning Commission/City Council approval is not required, replacement will be at the direction of the Community Development Director. For development projects that require Planning Commission/City Council approval, protected trees authorized for removal will be addressed as part of the development conditions of approval. The approving body shall be the deciding factor on appropriate replacement and the project will be conditioned accordingly. Section 18.020 -Applicability is amended to read as follows: The provisions of this ordinance shall apply to any project that receives any required entitlement approvals (tentative map, rezoning or prezoning, General Plan amendment and related environmental determination) from the Planning Commission and City Council after the effective date of this ordinance. If a building permit is only required and none of the circumstances listed in this Section apply to the application, then the Ordinance No. 2338 N.C.S. Page 4 building permit must be issued for the project prior to the effective date of this ordinance. However, when a development agreement or some other agreement authorized by the City Manager is in place that clearly establishes provisions for the payment of in-lieu fees, said project may be exempt from the requirements of this ordinance. Section 18.090- Compliance -paragraph (B)(3) is amended to read as follows: The art work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and architecture, landscaping or other setting so as to complement the site and its surroundings and shall be consistent with any corresponding action of the Planning Commission or City Council as it may relate to any development entitlements; Section 19.040- P.U.D. District Procedures -paragraph (E)(4) is amended to read as follows: Minor Modification to Approved Unit Development Plan. As determined by the Director, modification which is minor in nature and clearly inconsequential may be made administratively or, in the judgment of the Director, may be referred to the Planning Commission for review and approval. Minor modification includes modification to unit architecture and site design so long as no significant alteration to road alignment is made and no increase in unit yield results. Up to 200 of the individual dwelling units in residential P.U.D.'s may be substituted for other previously approved units if the resulting substitutions do not substantially alter the intent of the P.U.D. as originally approved. Section 24.010 -Site Plan and Architectural Review -paragraph (B) is amended to read as follows: Administrative Site Plan and Architectural Review. The Director may grant administrative site plan and architectural approval for nonproduction residential units in approved subdivisions of five or more lots, all residential developments of less than five units, and all minor additions or modifications to industrial, commercial or office buildings, or may refer said development proposals to the Planning Commission. For purposes of this section, the term "nonproduction residential units" shall mean houses not substantially similar to other houses wifhin view of one another as determined by the Director, or houses within a subdivision where the same floor plan or exterior design is used less than three times. Section 24.010- Site Plan. and Architectural ,Review -paragraph (F) is amended to read as follows: Procedure. On matters to be reviewed by the Planning Commission, or when the Director refers an application to the Planning Commission with recommendations, the applicant shall be so notified and a hearing date shall be established. On the date for said hearing, the Planning Commission shall consider the Director's report and any additional staff comment and shall permit the applicant or any other affected person to present any evidence which the Planning Commission deems to be relevant to said applicant. The Planning Commission shall approve, disapprove, or approve with modifications projects for which the Planning Commission is the entitling body, or recommend approval, disapproval, or approval with modifications or give other appropriate recommendation to the City Council, concerning projects for which the Planning Commission is an advisory body. Ordinance No. 2338 N.C.S. Page 5 Section 24.010-Site Plan and Architectural Review -paragraph (G)(2) is amended to read as follows: Landscaping to approved City standards shall be required on the site and shall be in keeping with the character or design of the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission. Section 24.030- Conditional Use Permits - paragraph A is amended to read as follows: Purpose. The purpose of the conditional use permit is to ensure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in a particular manner. In addition to the review described herein; any proposed conditional use shall be subject to site standards set forth in Section 24.010 (Site Plan and Architectural Review). Additional application shall be required and additional fee shall be charged for site plan and architectural review. Section 24.030- Conditional. Use Permits -paragraph B is amended to read as follows: Application. Application for a conditional use permit shall be made by the property owner or certified agent thereof to the Planning Commission on a form prescribed for this purpose by the City of Petaluma and shall be accompanied by such additional documents or supporting material as may be required for review of the proposed use, including where appropriate, the plans, drawings, and information to permit a site plan and architectural review in accordance with the procedure in Section 24.010.(E) (Investigation and Report). Section 24.070.B(1) -Appeals is amended to read as follows: Appeal Subjects and Jurisdiction. A decision on an administrative site plan and architectural review application or historic and cultural preservation application may be appealed to the Planning Commission. Section 24.070- Appeals -paragraph (B)(5), is amended to read as follows, and paragraph (B)(6) is deleted. A decision by the Planning Commission may be appealed to City Council. Section 2. 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 3. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the activity may have a significant impact on the environment) and 15060(c)(3) (the activity is not a Ordinance No. 2338 N.C.S. Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 4. This ordinance shall become effective thirty (30) days after the date of its adoption by the. Petaluma City Council. Section 5. 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 any other applicable law. INTRODUCED and ordered posted/published this 15'" day of June 2009. ADOPTED this 6'h day of July 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Vice Mayor Barrett, Glass, Renee, Mayor Torliatt Harris, Healy, Rabbitt None None City Clerk APPROV S`TO FORM: \~ City Attorney Ordinance No. 2338 N.C.S. Page 7