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HomeMy WebLinkAboutOrdinance 2339 N.C.S. 07/06/20091 3 4 5 6 7 8 9 10 11 12 EFFECTIVE DATE OF ORDINANCE August 6, 2009 Introduced by Teresa Barrett ORDINANCE NO. 2339 N.C.S. Seconded by David Glass ORDINANCE OF THE CITY OF PETALUMA AMENDING SPECIFIED SECTIONS OF THE SMARTCODE®, ORDINANCE 2152 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 the 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 She 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 SmartCode©, Ordinance no. 2152 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: Section l ._The SmartCode©, Ordinance No. 2152 N.C.S., is hereby amended as follows: Section 1.10.010 -Applicability of Code Standards - paragraph (H) is amended to read as follows: Design Review. All buildings and associated site improvements within this Specific Plan are subject to design review by the Planning Commission. Refer to the Architectural Ordinance No. 2339 N.C.S. Page 1 Guidelines (Appendix "B" of the Specific Plan) for example illustrations and information on architectural character in the Specific Plan area. Section 4.20.010 -Building Height Exception in T6 Zone - is amended to read as follows: The maximum building height in the Tb zone shall be 4 stories, unless the Planning Commission is able to make the following findings to allow up to two more stories (a total maximum of 6 stories): A. That the additional height makes a positive contribution to the overall character of the area and will be compatible with its surroundings. B. That the additional height will not result in unreasonable restrictions of light and air to adjacent properties or the public right-of-way, or otherwise be detrimental to the public health, safety and welfare. C. That the additional height will support other policies and standards of the Specific Plan and will result in a better overall project. The first paragraph of Section 6.10.050 -Parking Design and Development Standards - is amended to read as follows: Required parking areas shall be designed and constructed as follows, and in compliance with the guidelines of the Planning Commission. The standards of this Section may be modified by the Planning Commission where it determines that alternative parking designs and standards will more appropriately relate to the operating characteristics of the proposed development or new land use, while being equally effective in providing parking areas that are safe, convenient, use land efficiently, and are aesthetically attractive. Section 9 -Glossary (Historic and Cultural Preservation Committee) - is amended to read as follows: Historical and Cultural Preservation Committee. The Historical and Cultural Preservation Committee established by, and with powers and duties assigned by the Implementing Zoning Ordinance Chapter 15 (Preservation of the Cultural and ..Historic Environment). The Historical and Cultural Preservation Committee consists of the membership of the Planning Commission, plus one member representing the Petaluma Historical Museum, and one member representing Heritage Homes of Petaluma. 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(6) (3) (no possibility that the activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title i 4, Chapter 3 of the California Code of Regulations). Ordinance No. 2339 N.C.S. Page 2 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 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'h day of June, 2009. ADOPTED this 6'h day of July 2009 by the following vote: AYES: Vice Mayor Barrett, Glass, Renee, Mayor Torliatt NOES: Harris, Healy, Rabbitt ABSENT: None ABSTAIN: None Pamela Torliatt, ATTEST: APPROVED AS TO ,; f,~ ` r.. .c~~ ;, l_.~=~ Claire Cooper, City Clerk Eric Danly, City Attorn Ordinance No. 2339 N.C.S. Page 3