HomeMy WebLinkAboutORDINANCE 2906 N.C.S. 07/21/2025Docusign Envelope ID: AF8F24BC-2269-4808-AD97-93DD7DD4F77D
Ordinance No. 2906 N.C.S. Page 1 of 5
ORDINANCE NO. 2906 N.C.S.
Introduced by: Brian Barnacle Seconded by: Frank Quint
ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PETALUMA TO AMEND ORDINANCE 2900 N.C.S. ADOPTED APRIL 21, 2025 TO RESTORE
APPLICABLE FLOOR AREA RATIO (FAR) IN THE DOWNTOWN HOUSING AND ECONOMIC
OPPORTUNITY OVERLAY (OVERLAY) TO 2.5 IN TABLE 5.2 OF SECTION 5.070(D) OF THE
PETALUMA IMPLEMENTING ZONING ORDINANCE TO ELIMINATE THE SOLE
INCONSISTENCY BETWEEN ORDINANCE 2900 N.C.S. AND THE GENERAL PLAN AS A
RESULT OF REFERENDUM ACTIVITY CONCERNING THE OVERLAY, AND TO MAINTAIN IN
EFFECT THE REMAINDER OF ORDINANCE 2900 N.C.S.
WHEREAS, EKN Development Group applied for a General Plan Amendment and Zoning Amendments to
create a Building Form Overlay (later renamed the Downtown Housing & Economic Opportunity Overlay
(Overlay)) to develop the EKN Appellation Hotel (Hotel), a 93-room hotel with ancillary food service, parking
and event spaces at 2 Petaluma Boulevard South; and
WHEREAS, the City conducted three publicly noticed study sessions on June 13, 2023, August 8, 2023, and
October 3, 2023, to develop the scope and content of the Overlay, to consist of Subareas A, B, and C; and
WHEREAS, three parcels within Subarea A, including two parcels comprising the Hotel project, and one
parcel within Subarea B of the Overlay were also within the boundaries of the Petaluma Historic Commercial
District; and
WHEREAS, the intent of the Overlay was to facilitate the development of residential uses, economic
development, preservation of historic buildings and resources and the Commercial Historic District, activate
ground levels, and incorporate sites with the greatest opportunity for redevelopment activity by increasing the
allowable floor area ratio from 2.5 to 6.0, increasing building height from 45 feet to up to 75 feet, and lot coverage
from 80% to 100% for qualifying projects, subject to approval of a conditional use permit, and subject to
development and design controls for properties within the proposed Overlay, to ensure specified public benefits
and excellence of design in projects benefitting from the Overlay; and
WHEREAS, the City, as the lead agency under the California Environmental Quality Act (CEQA) prepared
a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Overlay and the Hotel (together, the
Project) to analyze potential environmental impacts; and
WHEREAS, the Draft IS/MND was made available for public and agency review from October 13, 2023, to
November 14, 2023; and
WHEREAS, on November 14, 2023, the Planning Commission and Historic and Cultural Preservation
Committee (HCPC) held a duly noticed public hearing to consider the Draft IS/MND, and the Overlay; and
WHEREAS, at the November 14, 2023, public hearing, pursuant to IZO Section 15.020.A.6, the HCPC
provided their independent analysis of the Overlay Zoning Amendments and made a recommendation to the
Planning Commission; and
WHEREAS, on November 14, 2023, the Planning Commission provided their independent analysis of the
Overlay Project, considered the recommendation provided by the HCPC on the zoning amendments, and adopted
Resolutions 2023-21 and 2023-22 regarding the Overlay; and
EFFECTIVE DATE
OF ORDINANCE
July 21, 2025
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WHEREAS, following the November 14, 2023, Planning Commission and HCPC joint public hearing, the
City commenced preparation of an Environmental Impact Report (EIR) for the Overlay Project to provide greater
analysis of the potential impacts of the Project and to provide additional information for the public and reviewing
bodies; and
WHEREAS, on September 24, 2024, the Planning Commission and HCPC held a duly noticed public hearing
to consider information presented by staff, to receive public comments regarding the Draft EIR, and to
independently consider the Draft EIR; and
WHEREAS, at the September 24, 2024, public hearing, the HCPC considered the public comments received,
independently considered the Draft EIR, and by a vote of 4-0 recommended to the Planning Commission that the
Commission recommend to the City Council preparation of a Final EIR for the Project, subject to
recommendations; and
WHEREAS, at the September 24, 2024, public hearing, the Planning Commission adopted Resolution 2024-
12, recommending that the City Council direct staff to proceed with preparation of the Final Environmental
Impact Report (Final EIR) for the Project with recommendations; and
WHEREAS, on October 7, 2024, the City Council held a duly noticed public hearing to independently
consider the Draft EIR and to receive public comments, and adopted Resolution 2024 -125 authorizing staff to
prepare the Final EIR, inclusive of responses to public comments; and
WHEREAS, on November 18, 2024, the City Council held a duly noticed public workshop to engage in an
in-depth discussion about various aspects of the Overlay; and
WHEREAS, on February 14, 2025, a Notice of Availability, Notice of Intent to Certify, Notice of Public
Hearing, and the Final EIR were filed with the State Clearinghouse and the Sonoma County Clerk, published on
the City’s website, circulated in the Argus Courier, mailed to interested persons who requested notification,
responsible, trustee and other public agencies, and mailed to all owners and occupants of properties within a 1,000
foot radius of the perimeter of the Overlay study area, commencing the required 10 -day public review period
beginning on February 14, 2025, and extending through February 24, 2025; and
WHEREAS, on February 24, 2025, the City Council held a duly noticed public hearing to independently
consider the Final EIR and to receive public comments on the Final EIR, and certified the Final EIR by Resolution
2025-021; and
WHEREAS, on February 24, 2025 at a duly noticed public hearing, the City Council took action on
Resolution no. 2025-022 N.C.S. concerning a General Plan Amendment to increase the allowable Floor Area
Ratio (FAR) for parcels within the Overlay from 2.5 to 6.0 for Overlay Subareas A through C, and Resolution
no. 2025-022 N.C.S. included required findings for each identified potentially significant impact, supported by
substantial evidence, as set forth in the Findings of Fact, attached as Exhibit A to the resolution, and Resolution
no. 2025-022 N.C.S. also included a Mitigation Monitoring and Reporting Program for the Project, attached as
Exhibit B to the resolution, and Section 5 of Resolution no. 2025- 022 N.C.S. provided that its adoption date
would be the same as the adoption date of the ordinance enacting the Overlay zoning amendments; and
WHEREAS, at the February 24, 2025 public hearing the City Council considered the proposed Overlay
Zoning Ordinance, Ordinance 2900 N.C.S., to permit building height from 45 feet to up to 75 feet, and lot
coverage from 80% to 100% for qualifying projects subject to approval of a conditional use permit, and subject
to development and design controls for properties within the Overlay to ensure specified public benefits and
excellence of design in projects benefitting from the Overlay, received public comments and introduced the
proposed Ordinance; and
WHEREAS, on March 17, 2025, the City Council held a duly noticed public hearing to consider items listed
on the meeting agenda, and reintroduced an amended Ordinance 2900 N.C.S. to preserve the enhanced
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development potential and historic resources protections pursuant to the ordinance, but for a Reduced Overlay
applicable to Subarea A only, and to receive public comments on the proposed ordinance; and
WHEREAS, at the April 21, 2025, City Council meeting, the Council adopted Resolution No. 2025 -047
N.C.S., which amended the General Plan to increase the maximum FAR in the Overlay from 2.5 to 6.0 and
repealed and replaced Resolution 2025-022 N.C.S.; and
WHEREAS, at the April 21, 2025, City Council meeting, City Council also adopted the amended and
reintroduced Ordinance 2900 N.C.S approving the Reduced Overlay applicable to Subarea A only; and
WHEREAS, following adoption of the Overlay General Plan amendment increasing FAR pursuant
Resolution 2025-047 N.C.S., and adoption of the Overlay Zoning amendment, providing enhanced development
potential and historic resource protections pursuant to Ordinance 2900 N.C.S, a referendum petition was timely
submitted challenging only the General Plan FAR amendment pursuant to Resolution No. 2025-047 N.C.S., in
accordance with California Elections Code Section 9237; and
WHEREAS, the Sonoma County Registrar of Voters certified that the referendum petition contained the
requisite number of valid signatures, thereby suspending the effectiveness of the Overlay General Plan
Amendment pursuant to Resolution No. 2025-047 N.C.S. pending further action by the City Council or electorate;
and
WHEREAS, as a result of the suspension of the Overlay General Plan Amendment pursuant to Resolution
No. 2025-047 N.C.S., the City’s General Plan 2025 remains unchanged and continues to establish a maximum
FAR of 2.5 for properties within the Overlay; and
WHEREAS, the purpose of this ordinance is to amend the Overlay Zoning Amendment, Ordinance 2900
N.C.S., to eliminate the sole inconsistency between the Overlay Zoning Amendment and the City’s General Plan
by amending the City’s Implementing Zoning Ordinance, Ordinance 2300 N.C.S, and specifically Table 5.2 of
Section 5.070(D) of the Implementing Zoning Ordinance, to restore the maximum FAR within the Overlay from
6.0 to 2.5 to ensure consistency between the City’s General Plan and the Overlay Zoning Amendment in
accordance with California Government Code Section 65860, and to preserve the remaining provisions of the
Overlay Zoning Amendment, which established enhanced development potential by permitting building height
from 45 feet to up to 75 feet, and lot coverage from 80% to 100% for qualifying projects, subject to approval of
a conditional use permit, and also to preserve protections for the City’s historic downtown consisting of
development and design controls for properties within the Overlay to ensure specified public benefits and
excellence of design in projects benefitting from the Overlay;
NOW THEREFORE BE IT ORDAINED by the council of the City of Petaluma, as follows:
Section 1. Recital Findings. The foregoing recitals are hereby declared to be true and correct and are incorporated
into this Ordinance as findings and determinations of the City Council.
Section 2. CEQA Findings. The potential environmental impacts of the Downtown Housing and Economic
Opportunity Overlay Project, including the Overlay Zoning Amendment, were fully analyzed in the Downtown
Housing and Economic Opportunity Overlay and EKN Appellation Hotel Project Final EIR (SCH # 2024040565),
containing all the requirements of CEQA Guidelines Section 15132, inclusive of references, appendices, and all
attachments thereto. The Final EIR was certified pursuant to City Council Resolution 2025-021, the Findings of
Fact were made pursuant to Resolution 2025-046, Exhibit A, and the MMRP was acted upon pursuant to
Resolution 2025-046, Exhibit B.
Section 3. General Plan and Public Necessity Findings. In accordance with Sections 25.010 and 25.070 of the
City’s Implementing Zoning Ordinance, Ordinance No 2300 N.C.S., (IZO), the amendment to the IZO in Section
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4 of this ordinance is in general conformity with the General Plan 2025 and the public necessity, convenience,
and general welfare require or clearly permit the adoption of the proposed amendment:
A. General Plan Consistency. This amendment to Ordinance 2900 N.C.S. is necessary to maintain
consistency with the General Plan as it is currently in effect. Although Resolution No. 2025-047 N.C.S.
amended the General Plan to increase the maximum Floor Area Ratio in the Overlay from 2.5 to 6.0, the
effectiveness of Resolution No. 2025-047 N.C.S. has been suspended by referendum in accordance with
Elections Code Section 9237. As a result, the General Plan 2025 continues to specify a maximum FAR of
2.5 within the Overlay. This amendment restores the corresponding FAR standard in the IZO to 2.5,
thereby ensuring consistency with the General Plan.
B. Public Necessity, Convenience, and General Welfare. The public necessity, convenience, and general
welfare clearly permit the adoption of this Ordinance amending Ordinance 2900 N.C.S. because it is
required to maintain consistency between the City’s General Plan and its Implementing Zoning Ordinance,
in accordance with Government Code Section 65860. Due to referendum activity, Resolution No. 2025 -
047 N.C.S. amending the General Plan to increase the maximum FAR in the Overlay is currently
suspended and not in effect. As a result, a FAR of 2.5 remains in effect in the Overlay pursuant to the
General Plan. Amending Ordinance 2900 N.C.S. to restore the Overlay FAR of 2.5 ensures consistency
between the City’s General Plan and Zoning Ordinance, preserves the integrity of the City’s planning
framework, and avoids potential legal conflicts arising from a zoning standard that exceeds the currently
authorized General Plan development intensity in the Overlay.
Section 4. Amendment of Ordinance 2900 N.C.S. Based on its review of the entire record herein, including the
July 21, 2025, City Council meeting staff report, all supporting, referenced, and incorporated documents and all
comments received, and the foregoing findings, the City Council hereby amends Ordinance 2900 N.C.S. adopted
April 21, 2025 to replace Table 5.2 of Section 5.070(D) of the Petaluma Implementing Zoning Ordinance to
reduce the maximum Floor Area Ratio in the Overlay from 6.0 to 2.5. Accordingly, Table 5.2 on page 3 of
Attachment 3, Exhibit C, of Ordinance 2900 N.C.S., is hereby amended to reduce the maximum Floor Area Ratio
from 6.0 to 2.5 in accordance with the following:
Table 5.2:
Development Standard
Lot Coverage 80% Max
With Conditional Use Permit⁴ 100% Max
Floor Area Ratio 6.0 2.5 Max
¹ Under the Overlay, new buildings to be constructed above the 45-foot height limit would not be
subject to the height exceptions provided for in Section 12.020.
² Additional height above 45 feet may be granted, subject to subsection F, below.
³ Additional height above 60 feet may be granted, subject to subsection G, below.
⁴ Additional lot coverage above 80% may be granted, subject to subsection H, below.
Except as modified by the replacement of Table 5.2 pursuant to this ordinance, Ordinance 2900 N.C.S. adopted
April 21, 2025, remains unchanged and in full force and effect.
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Section 5. Urgency Findings. Adoption of this ordinance as an urgency ordinance with immediate effect is
necessary for the preservation of the public health, safety, and welfare in accordance with Section 76A of the
Petaluma City Charter. The urgency arises from the requirement under California Government Code Section
65860 that a city’s zoning ordinance must be consistent with its General Plan. Due to referendum activity, the
General Plan amendment pursuant to Resolution 2025-047 N.C.S. to increase the maximum Floor Area Ratio
(FAR) in the Overlay from 2.5 to 6.0 is currently suspended and not in effect. Accordingly, the operative FAR in
the General Plan remains 2.5.
Immediate adoption of this ordinance is necessary to restore consistency between the City’s zoning regulations
and the General Plan. Without this corrective action, the City’s zoning ordinance would remain in conflict with
the current General Plan, exposing the City to potential legal challenges from members of the public or interested
stakeholders. Such legal exposure could delay or invalidate land use decisions, impede effective planning and
permitting processes, and compromise the City’s ability to ensure orderly development and compliance with state
law.
Section 6. 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
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 other otherwise invalid.
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 the manner provided by the City Charter and any other applicable law.
Section 8. Effective Date This ordinance shall take immediate effect upon passage by unanimous vote of the City
Council members present as an urgency ordinance in accordance with Section 76A of the Petaluma Charter. This
ordinance shall automatically be repealed and cease to be in effect without further action by the City Council
immediately upon Ordinance no. 2907 N.C.S. taking effect.
ADOPTED and ordered published and posted this 21st day of July 2025 by the following vote:
Ayes: McDonnell, Barnacle, Cader Thompson, Nau, Quint, Shribbs
Noes: None
Abstain: None
Absent: None
Recused: DeCarli
Kevin McDonnell, Mayor
ATTEST: APPROVED AS TO FORM:
Caitlin Corley, City Clerk Eric Danly, City Attorney