HomeMy WebLinkAboutAgenda Bill 04/16/2001 (15) CITY OF:PETALUMA,,.CALIFORNTA 12
AGENDA SILL
op Agenda Title: Discussion and Possible• Action Regarding the Meeting Date:
' Relationship: of Planning Commission to Site Plan and Apr116, 2001
Architectural Review Committee:(SPARC)
Department;' Director; n .Contact Person: ''Phone"Number:
Community Mike Moore, - 1. Mike Moore 707-778-4301'
Development ► '
Cost of.Propesal:`Unknown Account Number: N/A
Amount'Budgeted: $0.00 Name of Fund:N/A
Attachments to Agenda Packet Item:
1.) Chapter:2.08, Petaluma Municipal Code: "Planning Commission"
2.) Chapter.2,50, Petaluma Municipal Code: "Site Plan and Architectural Review Committee"
3.) Chapter 2:30, Petaluma Municipal Code: "Historic and,.Cultural Preservation Committee"
4.) Section 26-400, Petaluma,Zoning: Ordinance: Site Plan; and Architectural Review Committee
Appointment,Qualifications and:Terms
,Summary Statement:
At its meeting oftMarch 5, 2001 the City•Council directed that a discUsSion of the roles of the Planning
Commission and the Site Plan<and Architectural:Review•Comnuttee be placed on a future agenda for:the
purpose of considering whether or not the two bodies could be combined as means to reduce staff
•, workload and improve the effectiveness.and efficiency of the development review process. In response to
this request, City Management has provided some background on the roles and responsibilities of
the two bodies (technically, three bodies if you include the Historic and Cultural Preservation
Committee) and several;possible••alternatives•forfuture Council action:
Council Priority:: THIS AGENDA ITEM`Is CONSIDERED TO BE"PART'OF, OR NECESSARY To, ONE OR
MORE OE THE 1999-2000 PRIORITIES`ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999
AND MARCH 18, 2000.,
Priority(s): N/A
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Recommended,City Council Action/Suggested-Motion:
Provide direction to staff.
Reviewed by Finance.Director ,Reviewed by City'Attorney: Approved bvCityManager:
Date: Date: Date:
Today's Dater. 'Revision #-:and Date Revised: File:Code:
April 10,2001
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CITYOF.PETALUIVIA, CALIFORNIA
• APRIL 104.001 •
AGENDA:REPORT'
FOR
Discussion and`Possible;Action Regarding the;Relationship of'the
Planning Commission•and the Site Plan and ArchitecturalReview Commission (SPARC)
1. EXECUTIVE SUMMARY:
The City Council has,asked for an opportunity discuss the respective,roles and responsibilities of the
Planning Commission:and'the Site Planfand Architectural Review.Committee (SPARC). Any discussion of the ,
role_of SPARC will also:have'to include a discussion of the Historic.and Cultural Preservation Committee,
which is made up of the:5 Council-a ointed SPARC members and one representative:each designated by
He t geCoune 1 and the ed a alluma stove chapters of these bodies hastbeen created;through previous action of
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City p pters of Title 2 of the Petaluma Municipal,Code (attached). The
duties':of the Planning Commission, SPARC and the Historic and Cultural Preservation Committee are further
expanded in the City's'Zoning Ordinance, local;environmental guidelines; Site Plan and Architectural Review
Procedures and Guidelines;the Oakhill-Brewster, "A" Street and Downtown Area historic district guidelines,
and various other sections of the Petaluma Municipal Code.(forexample, the;,subdivision ordinance, or the
requirement of the Planning,Commission to serve as the local reviewing'body'on.applications to the state
Department of Alcohol Beverage Control).
t • BACKGROUND
he Community DevelopmentpDepartment provides on-going staff support to the.Planning Commission, Site
Plan'and Architectural Review Committee and Historic and.Cultural.Preservation':Committee (also known as
'Historic:SPARC ).:That includes meeting scheduling and;,agenda preparation;;staff reports and presentations at
the respective meetings, taking and preparing meeting minutes, providing follow-up`on:requests for additional
information, training and'orientation of commissioners and committeemembers; and,meetings with'tndividual
commissioners or'committee'.member"as may be necessary:: Currently the Planning Commission meets the 2°"
and 4 Tuesday.evenings of each month;:SPARC meets the'2na and 4• 'Thursday afternoons of each month; and
Historic SPARCmeets as'part'ofthe regularly.scheduled SPARC meetsron an as needed basis.
Planning`Commissions, generally, are-a creature of statelaw: Section 65101 of the Government Code gives the
local legislative body (the City Council),the authority (although it is not a requirement)to create;a planning
commission "which shall report,directly to,the legislative body" Under the regulations established,by the City's
Zoning Ordinance,-the PlanningrCommission has`final decision makiffg authority on:Conditional Use Permits
and Variances, and is an advisory body'to the City Council on tentative maps (subdivisions of 5 or more lots or
units), rezonings,:prezonings, General_Plan amendments, and any environmental:documents associated with
those:applications. The Planning Commission also plays a'limited role`in the redevelopment process, as
provided by the state Health:arid Safety'Code.
SPARC'and Historic SPARC are strictlythe=creation of the City Council, acting under its broad"police
powers" to protect the health, safetyand welfare blithe community . Over theayears,the-state and federal courts
have supported design review?and historic preservation.as•a legitimate exercise of the police power,While there
• no specific state or federal'legislative authorization for such committees, many jurisdictions in California
liptwe established similar bodies;TheNspecific duties of SPARC can befound.in'Section 26-400 of the City's
Zoning Ordinance (attached):,The.duties of the Historic and Cultural Preservation Committee can be found in
Chapter'2.30,of.the Petaltinia Municipal Code (attached),
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In many cases, the basic roles.andresponsibilities of the Planning Commission, SPARC and Historic SPARC
were established over 30 years:ago:by the respective provisions of the Zoning;Ordinance and Municipal Code.
Over time, however,the actual responsibilities ,and in the case of SPARC, the actual composition of
these bodies.have,changed due to a•variety of factors Council and;administrative interpretations of applicable
City policies and regulations, intemal,procedural changes„or responses to,court'decisions,or changes in state or •
federal lae or the psl
changhave not always beentmemorialized'through correspondingichanges to theZoning
Code, or when the codes=have been changed; it has often,been done to'address a
specific problem”. The lack of up-to-dates regulations andprocedures that clearly reflect a comprehensive
understanding:and acceptance''of the roles and responsibilities of thesebodies maybe contributing to concerns
about the effectiveness,and'efficiency'of the development review process, the uncertaintyof applicants and
members of the public:about which bodies review which projects and when, and the amount of woric required
by staff to adequatelyrespondto these circumstances.
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The alternatives listed-below are intended to� r ovidathe Council,wrth a starting;.point fora.discussi'on.rEacfi
alternative`also attempts to identify potential constraints andbenefits. Each,alternative'will require some,
legislative.changes to either theZoningOrdinance or the tMumcipal=Code, or both. They'also require-the •
Council to.consider exactly'what role itwants'each commission°or committee, as,well as;staff;:to,play in the
planning and development review process. •
3. ALTERNATIVES:'.
I ) .Create a new commission that combines;the responsibilities of the,Planning Commission,and:SPARC.,
The potential benefits ofsa single rcommission might;be to remove'any question about roles and
responsibilities of multiple commissions and committees, improve the effectiveness;andefficiency'of"
the;;developmentreview;process by giving,applicable decision-making authority to`a single'body, and
reduce the time commitment and workload of staff/These are important considerations, but:they would An-
not be realized without a significarit•change?in the•Zoning,Ordinance and Municipal Code and the
establishment?of a:clear,purposeforthe new comiiiissiont(i,e,, is its main`purpose'to review all types:of
applications?;'to review applications that meet a certain threshold Of sizesor potentiahnnpact?, is it.to
provide longer-term comprehensive planning policy recommendations tothe City=,Council?),.Without
• major regulatory and,procedural,changes to the types,,and detailof projects=subject toteviewby tins,
new'single commission, its workload would essentially double and probably necessitateTameeting.every
week. "Applicants.mightnot realize substantial'time:savings because of.the,potential (that now'exists) for
major projects, that may take severalmeetings to,review, to-bump items to subsequent agendas; and the
impacts to:staff would"begreater because of the need to prepare and-respond;to,potential weekly
meetings A single purpose'commission could work with changes;to City regulations and procedures,
including butnot limited to:
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• Adopt City-wide'.design guidelines that would minimize ther.design review process`for,most applications
and woul&allow the application.of the guidelines b)staff thrrough=the building permit review process,
• rather than through aseparate design:review application(this has'been:done in some residential and
commercial planned developments),
• Expand the.role of the`:Zoning Administrator to:review-:certain applications that now go,to the Planning
Commission,or SPARC, andacreate over-the-counter•approvals for certain applications that now require
public notice; •
• Expand;the numberof permitted'�uses;through a'comprehensive update of the,Zoning'Ordinance;.
• Provide a.dedicated, trained.staff;person or.retain &consultant,with specific.training in,historic
preservation so that personwould<be responsible forteviewing and approving:modifications;tohustoric Aik
structures consistent with adoptedahnstoric district guidelines and provide other'services-necessary to
improve the; ty'sliiistoric presei- ation efforts:
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2) Eliminate SPARC. This alternative could`be approached in two ways:`a)'through someiof the;regulatory
and staffing changes suggested in alternative#1, above, such?as creating City-wide design guidelines,
that would,then'make:design-review an administrative step in theiapproval of a building permit;,or b) '
significantly'reduce the:scope of design review in therCityato a limited,range of items (mass, bulk,
height general architectural compatibility, etc")that could be determined'as part of the Planning
- I Commission's review ofa.project and established through.updated,zoning;regulations.
3.) Eliminate the Planning.Commission. Since the;Planning°Commission is'currently' body to.
, the City Council on all planning:and development review applications, except Conditional Use Permits
and Variances, this alternative would resultin a procedure that would,retain the Council's current
decision-making responsibilities,and,"through revisions to the Zoning Ordinance, provide that only use
permits of a predetermined threshold-of significance would,also be acted upon:.by the City Council.
Variances and minor use permits would continue to be handled;through.administrative procedures"
Although state law provides for the creation of a planning commisssion,„Government Code Section
65101 is.not mandatory: that is, the City Council could"eliminate the'Planning Commission and take on
those functionstprovided by local ordinance: SPARC.would remain, and its,role and responsibilities'.
revised to clarify the design review process::Historic SPARC responsibilities could be incorporated into
any revision,of SPARC'sresponsibilities,and eliminate the need for a separate committee. SPARC
membership requirements could also be amendedto include amember with historic preservation related
experience and training, In addition, the prior recommendation-for staffing or consultant assistance on
historic preservation issues would be,beneficial in appropriately addressing.historic preservation:issues., '
4.) Retain the-planning Commission and SPARC. This alternative would maintainthe-current structure and
general responsibilities of each body; however, a comprehensive,update,of tle.Zoning Ordinance and
the Municipal-Code would more clearly establish their respective scopes of"authority'and minimize
concerns about procedural inefficiencies and overlappingor contradictory-decisions.
4.. FINANCIAL IMPACTS:
iach of these alternatives is based.on a presumption that the City will-.embark on a comprehensive update of the
City's current Zoning Ordinance, as well as;applicable revisions to the-Municipal Code. A new development
code (which should include a new,ZoningOrdinance, Subdivision Ordinance:and updated design guidelines)
canrun:to severallhundred"thousand dollars and may take several years,to adopt (these are obviously gross
estimates and can be refined,based,on Council direction; however, the•time involvedinthe actual creation of a
draft development code is.relatively.short<compared'to the,time it often takes to complete the public-review
process). Over time, the City could also see financial-savings in improved regulations and procedures that
utilize staff time more effectively.
5,1 CONCLUSION:
At the heart of this item1are•much,more significant issues of commission/committeeroles and responsibilities,
staff responsibilities, the nature of public review, the consistency and effectiveness of the development review
process, the valueand`purpose of design review, the value and purpose of historic..preservation, and creating a
regulatory structure that successfullyimplementsthe”"Council's•direction. Without careful consideration of these
and other:basic questions about the functionof thesebodiessand their interaction with the Council and staff
before determining a course of action,;the,development review process will continue to suffer from the
:inefficiencies that are currently matters of..concern to the Council, applicantsand'the public.
6. OUTCOMES'OR'TERFORMANCE.MEASUREMENTS THAT WILLIDENTIFY'SUCCESS OR COMPLETION:
Oe'tcomes will be determined based.on'Council direction and the availability of appropriate funding and staff
Sources to implement that direction.
7. RECOMMENDATION:
We would recommend that no:action be taken to combine the,Planning Commissiorvand-SPARC or eliminate
either commission or committee without first discussing the broader issues;;mentioned in the"`Conclusionsv
section, above. Short-term;proposals',to amend the Zoning Ordinance and the'Municipal Code to retain the •
present structure ,but clarify roles:and:responsibilities,of thesrespective bodies, may be possible without
extensive developinehttode revisions;.depending on,the,extentof the.changes proposed.
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TITLE. 2
ADMINISTRATION
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CHAPTER 2.08 • 2.08;020 Duties.
The planning commission shall perform
PLANNING COMMISSION` the duties prescribed in the present or any
future zoning ordinance (Title 21) or
2:08.010 Established - Member- subdivision regulations,(Title20) of the city or
ship — Terms. any similar ordinance, statute, rule or
A planning commission consisting of regulation •of'°the state, county or this city,
seven members is established;for this city. pertaining to the districting or zoning or
One of the members of the,cornmission shall _dividing ,the city'into districts or zones and
be a member of, and selected by,,"the city regulating the construction of improvements,
council; the remaining members' of the the use, division or subdivision of property
commission shall be appointed by the city within the city. The planning commission
council and must have resided in the city not shall•also have the duty of-studying the needs
less than one year prior to,their appointments. of the city with respect to and advise and
The member of the commission selected from recommend to the council concerning the
•; the city council shall serve until the thirtieth establishirient, modifications and change of
day of June after the appointment and-until a zones or districts and designations of the uses
successor is appointed and qualifies, or until to which property contained therein may be
he/she ceases to be a member'Of the city prohibited, restricted and regulated. The
, council; whichever occurs first. 'Terms of commission shall also have and perform the
office for each of the other;members°of the power and duties hereafter designated and
commission hereafter appointed shall be four delegated by the city council. (Ord. 1678
years, saving and excepting any appointed NCS' §2 (part), 1987: Ord. 1035 NCS §1
members.may be removed by a Note of five (part), 1972: Ord. 977 NCS §2: Ord. 338
members of the council; (Ord. 1678 NCS §1, NCS §5; prior code',§2.42.)
1987_: Ord`., 1035,NCS §1 (part); 1972:'`Ord.
977 NCS §1;+ Ord. 636 NCS §1: Ord. 338,_ 2.08.030 Rules and regulations.
NCS §1: prior code §2.38.) The planning,commission shall.have,the
right and duty; to adopt. such .rules and
regulations as it shall'determine for the holding
and.conductintof its meetings and hearings
and the selection of-its officers and for the
•*Editor's Note; ,For statutory provisions Performance of. any. of its functions or
regarding the establishment and thedutiesof a responsibilities. The commission ,shall not
city planning agency, see Gov. Code §65100, have the,right to employ any person, heincur
an expenses 'or obligations against the city,
et seq.; for the provisions regarding a city
• planning cotnrriission,:see Gov. Code §65150. except as provided by and for which
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2.08.040 PETALUMA MUNICIPAL CODE
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appropriations are made by the city council ,.,;$her members of the commission thereafter 0
pursuant to and in accordance with budgets ‘'1,4,rointed shall be four years, saving and
adopted by the city council. (Ord. 1678 NCS . ;i;-6,-p.ting any appointed imembers may be
§2 (part); 1987,: Ord. 1035 NCS §1 (part), ril";,yed by a vote of five members of the
it13.1„
' 1972:'Ord. 338 NCS46: prior code §243.) p■.,.0.1 il. (Ord. 1678 NCS §4, 19 87: Ord.
ii,
12.'4:et CS'§1,'1977: Ord. 637 NCS ,§.1: Ord.
. 2.0 8:040 Vacancies. 504 .b,t. §§1-3:prior code §244 )
ID
Upon the death, resignation,idisability to
,-
perform the dutiestof'acmember of:the:nlanning • 2.'1 2.,i,fr4.: Powers 'and duties:
commission.,, or upon the loss of`permanent th.14,ecreation, ;Music' and parks
residency from the city, or upon the ;failure to commiss shall have the duty of;serying,in
attend any meetings of the commission for an adViso Viiapacity to the city manager,
three consecutive regular meetings,-„the'doitheil council ani%; reation-director-On.all matters
shall review, andjf`found to be appropriate, Re rtaining t4 blic.recreation, including. the
declare the office of:suchmember vacant and management* duct and-care or parks
thereupon appoint some qualified person to-fill and ,playgrou:riliiiin the; city, dultUral_arts
such vacancy for the unexpired term of such . programs, an.?i. ,oviding, musical enter=
meniber. (Ord. 1678 NCS §3; 1987 ). taininent and pro is by tlimuniciparliand
and other music orgamzations', and, in
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general,.to study sh---&-e s-of thetcity and
Means of-meeting;s needs in cOnneCtion,
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ç, 2.12 . ' with all such matte 91:tiertaining to public sok
\', . recreation< cultural' ai"-";:' music rand other lip
RE=la:- EA-TION, MUSIC AND entertainment
S COMMISSION • The commission sh‘.:W counsel'with. the .
• A,,--„
' t'%, , • recreation director and th,?::city manager in
,,
2.I2.010 • :'i.',:: ablished — 'Member- connection with the preparain of-the annual
,,.. .
ship =-- Terms - budget for the recreation,dep. .t em, including '
,
• A 'recreatio itt:„ music an cl parks the, parks of the city, and\ ake recorna
commission coriSiStitti-„,of seven members is - mendations with respect ther-:V to the city
established forshisidi '30iiie Of the Members manager and city council
of the commission'shall ¶4. &member of, and The commission shall as t in the
.i',.
selected by, the city counov, The reinathing, planning of a recreation and c,Voral arts
members of theTcomriiission '4'1;!.. be appointed programs for the inhabitants bf'th'itt.-'ity and
by the city council,and must,\ve resided:in 'promote;and stimulate public interes,Sa4 erein,
the city not less than one:'yeack-or to their and, to that end, solicit to the fullest it sible
appointments. The member of the ‘ mmiSSion . extent the cooperation of Special, aut loi„-ties
selecied,froml-the city council,shall tr..-,,- e until and other public andprivate•agenciesinte-,-,) ted
the thirtieth 'day of June after,-e';is/liet -therein,.
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appointment' and until his/her succec4ir is The commission shall study present. sili„e.
appointed and qualifies, or'until he/she c,-E. es future needs of the city with respect
to be a memberof the city council, which.,? r 'recreatiommusic and park1facilities,progra
occurstsf. -Terms4of office for each of the • and events and make recommendations to th --
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2.40.050 PETALUMA MUNICIPAL CODE
• t\ _tate of California are vested lin.the city it is the to . .n:of the city council that the •
c4a it. (Ord. 1201 NCS•§1 (part), 1975.) existing re. ,,51.2r..! ent ;agency and the
•housing authonty,s .r • •.nue and remain in
2 ?i4' 50 Nature, powers authority„ full force and effect. tt 01 NCS §1
• fun and jurisdiction of the (part), 1972,) ,
com er,f ign.,
N4
T 7.
N ature, power, authority; functions
and j ni Lion of the Petaluma community
develop + t commission shall include, but CHAPTER 2.50
shall not . 1. "ted to,all of the nature, power,
authority, ctions and jurisdiction of the SITE :PLAN AND ARCHITECTURAL
redevelop F agency and the housing , • :REVIEW COMMITTEE
authority. 1,4; Petaluma community de-
velopment ci44iission shall also have the 2.50:010 Established. •
nature, powe r uthority, =functions; and A site plan;,and architectural review
as be"dellat�`� beommunity deyelopment committee consisting of five members is
ega , 'o the commission"by the established for the city. (Ord. 1568 NCS §1
city council, suble'Qt such:conditions"as•may (part), .1983:)
be imposed by the council'. (Ord. 1201
NCS §1 (part) 197 = 2.50.020; Membership — Qualifica-
• tions and appointments:
2.40.060 Redev .F4 ment and :boos- One of the members,of the site plan and
• ing authority. fund4kot to be com- architectural committee,.shall be a member of,
mingled. and.selected by the city planning commission. •
In carrying out Its ` [ions under the •The•planning;commission may also appoint an
California Community 1241,%•elopineht law alternate to'the regular appointee, to serve in
heretofore performed• by $ development the event of absence or conflict of interest of
• agency, and in carrying out it ;1:`l_-ctions under the regular member: The alternate shall serve
the California Housing 1 ority law for the same term as the-principal appointee.
heretofore performed by the ho 'authority, The remaining four'members of the committee
the Petaluma community devel;q Atent;com- shall be:appointed from the community at large
mission shall maintain separa r'-Vsiooks of by the;city council, and must have resided in
account and shall not commingle 4 s which the city not less than•one year prior to their .
have been,specifically designated foV er'the appointment (Ord', 1568; NCS §1 (part),
redevelopment or housing authority authority IfAction. 1983.)
(Ord. 120E NCS §1 (part), 1975.)•
2,50.030 • Terms of office.
2.40.0.70 [Effect of ;invalidi .q#„or The member of the site plan and
referendum. ;n architectural review•committee selected from
In the event all or any portion o the city;planning commissi
,• on shall serve until
chapter'shall be declared;invalid or in enthe•e T the thirtieth day of June, after his/her
this chaptershould be,revoked by referend ";,' appointment and until his/her successor is
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ADMINISTRATION 2.60.030
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appointed,and qualifies; oruntil he ceases to responsibilities. Thecbmthintee Shall not have gi
be a-Member of city planning corninissiOn, the right to employ any Person or incur any
whichever occurs first. Terms of office for expenses or obligations against the city, except
each,of the other members of the committee as provided by and for which appropriations
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appointed shall be two,year overlapping terms are made by the citycouncil pursuanttuandfin
and they shall serve until the thirtieth of June accordance with budgets adopted by the city
or until his/her successor is appointed. (Ord. cOlineil. (Ord.- 1568 NCS §I (Partj, 1983.)
.
1568,NCS §1 (part), 1983.) .
.
2.50.04,0 Deelaration Of vacancy. '
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Upon thedeath,-resignation,:or disability '.:44& CHAPTER 2.60
to perform,thedlities of,a Member of the site ' 'IA
plan architectural teView committee,permanent f. AIRPORT COMMISSION
departure from the,.city, or upon the failure to
attend any meetings p Of.the,00mmittee,for five -I.641,p,0 Establishment — C omPco-
'
consecutiyemeetings, the council shall declare sition illi&,
the office of such member vacant and Ari.C.;,,Ort commission consisting of
thereupon appoint some qualifiedlpersorreo fill seven m .+4,-is is hereby established for this
such vacancy for the unexpired term of the city. (Ord.4;-, 5:"NCS'§'Ir(part), 1987 ).
member. (Ord. 1568 NCS §1 (part),d983 )
2:60:020
,
Y. a line41-0n•s and a p-
2.50.050 Duties pontmento
niberSi
The site plan architectural review A. One of thfre, embers of the ' airport 0
committee shall perform the dunes prescribed' cornrnissioihrl,i4 1 be a member of, and •
in the zoning ordinance of the city or other • selected'by, .W 'ty:couneity and one of
ordinance, statute; yule, or regulation of the the ,members ,',,I1A be selected by the
state, county orthistcitypertainingto securing Petaluma Area *ft:4s Association,
of compliance with the zoning ordinance and shall be a reSici44-.of the city. The
to promoting orderly and .harmonious remaining rneifiber4ic1/4: rbe appointed by
-,' :, - - -
development the dity., The committee the citycoundil, and' vat,ItheexCeption,of '
shall perform the duties designated and one member Who Ina .•.:34,7.„-ide outside the
in*
delegated by the city council and/or planning City-limits, they Shall Vi.,''resided in the
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commission. in respect to site design and Joh)? not less than one y;,,s oribrui their
architectural review-manta (Ord. 1568 NCS appoiltnent.
§1 (part), 1983.) B The One,indinbei-,Who ma :,-: . de'outside '
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thecity limitsmusttresidesäti.%,-, anon that
2.50.060 Rules and regulatiOnS". has.a Petalurna mailing addreil-;_e.. . .
The site plan' and architectural review - (Ord 1675 NCS §1 (part), 19:',A
committee Lshall have the right and duty to
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aaoos, such rules and regulations, .stan4P-Tds 2.60-..03 0 Terms of ,Office.
and policies as it,tietermines,for the holding A. The member of the au-port coni`'N.ion
and conducting of its meetings and hearings, selected from the city coitheil'shal:-4-,, e .
'
• the selection of its officers, and for the until the thirtieth day Of'Rine afte'-,:0-,e
. -12.
performance of any of its functions and, member's appointment and unti
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ADM NISTRATIQN 2.30.030
ice or employment of the municipal. B. The composition and membership of the
gir
1,'z oration. (Ord. 837 NCS §l prior code, committee shall be as established by
§ ) resolution of the city council.
c (Ord. 1447 'NCS §1, 1980: Ord. 1139
2.2; 10:1 0 Meetings Quorum — NCS'. §1(part), 1974.)
Pow 4%.,nd duties.
ThI. rsonnel board shall.determine the 2.30.,02.0 Organization — Officers
order oi; siness for the conduce of its — Meetings.
meetings hall meet regularly or on call of Within ten days after the appointment of
the charm ; 2 a majontyof the members of the committee, they shall meet in regular
the board. A ti 'ority of-the inetribers of=the session and organize by electing from
board shall `.`ks itute•a quorum; for the members of the committee, a chairman and
transaction ofbu�" 12;ss: secret
���, ,ary„who shall hold office for a term of
The funcuonsI;.-e board shall be one year: Thereafter,,the committee shall meet
A. As provided Akt� :is article and by the in regular session not less than once every
rules, to hear a.iC\s submitted by any sixty`days, at atime and place selected by vote
person in the com' K ve service of its members. Any member absent for five
to any disciplin. ' st tion, dismissal, consecutive meetings, except in case of illness
demotion, interpre' r.n or alleged or for some other unavoidable cause, shall
violation of this article theKpersonnel automatically be removed from the committee,
rules and to certify it' ndings, and and the vacancy caused;by such removal shall
recommendations as pro pied in the be filled by a new appointment. (Ord. 1139
personnel system rules; NCS §1 (part), 1974:)
•i B. The personnel board, upo c'1'ts own
motion may, or when request " }.y the 2.30.030 Duties Generally.
city manager shall, investigate an the The committee shall have as its duties and
recommendations on any Matt;:>of powers the following:
personnel policy. A. 'To.promote,preservation of historic sites,
(Ord. 837 NCS §1c prior code §2.91.) landmarks, documents, paintings and
'1' objects associated with the history of
Petaluma;
B. To recommend 'to the planning com-
CHAPTER,, 2.30 • - mission that, certain historic sites and
' landmarks be designated and/or acquired
HISTORICAL AND CULTURAL by the city;
PRESERVATION COMMITTEE E C. To administer the committee's re-
sponsibilities.;as denoted by the zoning
2.30.'0;10 Established — Member- ordinance of the city, of,Petaluma;
ship terms. D. To advise the city council on the
A. There'is created a historical..and cultural administration of historic sites and
preservation committee in and for the city landmarks as may be acquired by the city
of Petaluma. of Petaluma;
•
207
2,30,040 PETALUMA MUNICIPAL CODE
E. To advise the city •council - on the ;.A CHAPTER 2.32
acceptance of gifts consisting of - “.',;;:if-,, . , •
documents, paintings and other objects of C;4,44. DEFENSE AND DISASTER*
' historic value, as well as money when the •_:oz., .
same is given to be used for the 2.32. t' t, Purposes:, ., .
acquisition of property-, real or personal, Th‘fccq;A Iared purposes of this chapter are
of historic interest, except for the to.iproVi`e '.-L.;'.1/),,,4, the preparation carry irigi,oUt„odf
,donations,.purchases' and acceptance of plans for fik:6,- protection of persons an
gifts for the Petaluma Historical Library- property w;;;24i1.2 this city in the event of an
Museum; emergency, W-e;direction of the emergency
Fb. Recommend to the city council the otganization;-%. the coordination of the
documents, paintings, and objects of emergency fun sin/this city with all other
special histOric value associated With the public agendies,11,-;5, 'orations, organizations,
history.of the city, to be acquired by the and.affected:pny.i.t.4ersons., (0r2d..,10.53 NCS
e
city, the donations, purchases §1 (part), 1972c. • 89 NCS § 'prior code
s ,
. .
and acceptance'of igifts for the Petaluma §9.1.)
Historical Library-Museum; wi
G. To advise the city council on all matters 2.32.020- D e f iii 1,T,,t-Jr.
relating, to.€the historic and cultural As used in this '''f:', , 'ter, t,emergency,,
preservation of the city, in particular state . means the actual or th,ened .existence of
and federal designations and registration conditions of disaster or tie1 Creme perilto.the
of hisioricat landmarks; safety of persons and pro g7.-;44.,:, within this city
H. Annually submit, to the planning caused by isuch,.conditio ,',ir;POilUtion, ia
commission-a report of its activities in the fire,. flood, storm, ept P.c.,i,,,,i, is, .riot-, . or Mir
preceeding year. earthquake, or other cond K,,,,,s; including
(Ord.,1302 NCS §1, 1978: Ord. 1139 conditiOns resultihg,from e.,,or imminent
NCS,§1 (part), 1974.) threat of war, but other t IA conditions
- . i.gi:,-;:
resulting from a labor contr.v.rsy;- which
2.3 0.04 6 Rules and regulations — conditions are or are likely to •4-ii■ey,Ond' the
Expenses or obligations limited' control of the.services,,personne-,,-.{ uiprrient,
The committee shall'have the rikht and' and facilities of this city, ,te.44:„ lig., .the
duty to adopt such rules and'regulatiOnsJaS it combined forces of other political , .C!,,, visions .
shaThdete . e for the holding and conducting. to'combat. (Ord. 1053 NCS §i..,(p ;... 0,
of its meetings and hearings ond.,thselection Ord. 189 NCS §1.: prior code §92 ) ;rt`
of itSoffider-S and for the performance of any . . .
. .
of its functions or responsibilities: The ,
11.;..
committee shall not have the right toiemploy
any petsc:Ms, or incur any expenses or - .‘
the
obligations against th, cityrexcept,as;provided, *Editor's Note:, For statutory prov i.,,,ii s
by and for whiCh appropriations-aretnade.by authorizing cities to"efablis-h disaster "il'i,f
bodies;,see:Gby. Code §8610, et-seq. Fo
the city council pufsdan. .t.t6 and in accordance
with budgets adopted by the city council. statutory provisions on the State Emerge
(Ord. 1139 NCS §1 (pan), 1974)' Council's rules and regulations governi
,.,
.disaster service 'workers, see Goy. cockP,--
• §8580.
'411. .
.
• 208
, .
. .
, •.CITY'OFnPETALUMA• ZONING ORDINANCE NO: 1072 N:C:S
- ._
SECTION 26-400. SI°TE PLAN AND ARCHITECTURAL REVIEW COMMITTEE: " ;':.
APPOINTMENT,'OUALIFICATIONS AND TERMS,:- See Title 2, "Administration", of the
Municipal Code.
p 1::
; 26-401 Site Plan and Architectural Approval The purpose cif site plan and'arclutectural
I approval is'to secure compliance with the Zoning[Ordinance and to promote the
.orderly and harmonious development of;the City of Petaluma. No city permit or _2
license shall be issued for any of the following uses until site plan and
architectural approval has been obtained:
. public buildings and grounds,
. public and private schools, colleges, libraries, art galleries and museums,
. . public and private hospitals and otherinstitutions,
. . churches and other religious buildingsrand;grounds, ' I •
. clubs, lodges;, mortuaries, meeting halls, and other places of public
assembly; • ''. motels and hotels ; =
. office buildings; • _
all commercial and industrial-uses,
. mobilehome parks; - •
. parking lots; • t9
. public utilities s'tnctures and, installation s, except poles and towers
carrying overhead lines; 1
. more than one dwelhn g nit per lot except-for accessory dwellings;
yr??s.
. subdivisions with five or more single family dwellings.
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 y;
development proposals'to the`Committee: For purposes of this-section, the term I,
"nonproduction residential units"'shall mean-houses not substantially similar to
other houses within view ofone:another as determined by the Director, or houses
within,a subdivision where the same floorpian or exterior design is used less than 7 l,,
three times.
26-402 Application. Application shall-be made to the'Planning Department on a form
p rescribed for this purpose by
the department (:`i�
26-403 Accompanying Maps and, Drawings Required'. The ,application shall be nY,
accompanied by such:maps,and supporting documents, including a statement of It
the:colors`to be used,the types-of materiala proposed to be used, location and type
of all signs to be placed on the 'buildings,. site :plans, all elevations, and other •
drawings, as are necessary to enable the Director or Planning Commission to N-w
makethedeterminations set forth below.
26-404 Investigation.Report. The Director shall;determine;from data;submitted whether ,
the proposed use will meet the requirements of this Ordinance and shall either (1)
administratively approve, disapprove, or approve.with,modifications the subject
project where appropriate; or (2) when in his/her• discretion he/she deems it ars
in
0 necessary,,,prepare a report with recommendations and submit said report to the
appropriate reviewing body.
shr
PAGE 26-10 -ARTICLE 2.6 -ADMINISTRATIVE.PROCEDURES FAND-REQUIRED PERMITS
'lam . .•
' 1(r 4J" CITY OF PETALUMA - ZONING ORDNANCE-NO. 1072 N.C!S
w I .
* + {.
) ..; ,.
"� " 26-405 . Procedure: On-matters to be reviewed by the Committee,or,when the Director; .ip
r refersyan'application to the,Committee with recommendations, the applicant shall
be so, notified and a hearing date shall be established On the date ;for said`
• s` hearing, the Committee 'shall consider the Director's report and any additional'
1 ,1 staff comment and shall permit the applicant or any other affected person,to
present any evidence which theiConnnittee deems to be relevant to said applicant
t The,Site Plan and Architectural Review/Committee shall approve, disapprove or
approve with modifications thesubject project.
26-406 Standards for Review of Applications. The appropriate reviewing body shall
' "review"the exhibits, together with the reports of the Director and based-on these
"" documents, evidence submitted; and the considerations set `forth below, may
• t
: approve the project as applied-for, appr"ove the project with modifications, or
iii 'i4
t, disapprove the project. In taking action;.the reviewing body shall consider the
44 following:
4i
irk a` - . A. It is the intent of this Section that any controls:be"exercisedto"achieve;.a a
"`' satisfactory quality of design in, the individual building and its site,
�" h appropriateness"of the building to.its intended.use, add.the harmony.ofthe
1,:',/t,11. development with its surroundings. Satisfactory .design qua_lity and
4•.;a . hauuony will involve among other things:
1 The appropriate use of quality materials and harmony and
4 ?:, proportion,of the overall design. •
&+lc; 2. The architectural "style-which should be appropriate for the,,project II
r in, question;; and compatible with the overall 'character of the
it neighborhood:
I. t` •
. ! - 3. The siting of the structure on the property,;,`as compared to the, •
siting Of other structures in the immediate neighborhood.
ki," 4. The size,"location 'design, color, number, lighting,+andmater'ials of
t, , all signs andtoutdoor advertising structures.
5. The bulk, height, and color of•the proposed structure as compared
t ` i to.the bulk, height, and color of other structures'in the immediate
,�4 neighborhood;
I ;l
3�, B. Landscaping to approved City standards shall be required on the site and
� . 1
f shall be in keeping withrthe character or design,of the site... Exist nwtrees
/ ,....,„,
4 '± shall be preserved' wherever possible, and shall not be removed unless
b ,'/ • approved by the'Committee:
fps
rz .4 C. Ingress, egress, internal traffic circulation,toff-street parking facilities and
o�a pedestrian ways shall be so designed as to promote safety and
9: { convenience,rand,shall',conform to approved City standards:,V. _ D. It is>recognzed
that,good design character may require participation by a
kj
rt . ,recognized professional-designer, such as an architect, landscapeaarchitect
p+I 3
t or=other°practicing'urban designer--.and the reviewing,body shall have the
Tti „•: p.,
r1
•
r �� _., •
ARTICLE 26.-ADMINISTRATIVE PROCEDURES-AND REQUIRED.PRNIITS• - —
`PAGE•264I
t C[T, •pf PETALUN[A: ZONING ORDINANCE N0.1072`N:C:S
•
authority to require that an applicant, hire such a professional, when 1
"411 deemed necessary peclueve.+good,design character.
.
26-408 Appeal Rights: Procedures, A
!
A. Any decision of the Director may be appealed to the Committee within •
fourteen (14) calendar days of the decision.
B. Any decision of the Committee may be appealed td the City Council,
whose decision shall, be final, within fourteen (14) calendar days of the
decision.;
C. An appeal shall be filed in wrrtmg with the City Clerk. If no appeal is
made within the time;limits, the decision shall be final. The appeal shall #
be addressed to the Committee or to the City Council;and shall set forth in
writing the grounds-for the appeal and the relief sought by,the applicant.
In the case Of appeal to the Committee, the City Clerk shall transmit the
appeal to the Director who ,shall establish a hearing date within two
regularly scheduled meetings, and shall notify in writing,all persons who
have demonstrated their interest:in the matteriof the time and place of the
ast
hearing at le ten,(1'0) calendar days prior to the hearing.
26-409 Appeal: Standard of Review. In considering any appeal;tire reviewing body shall
follow standards set out m Section 26-404.
26-410 Issuance of Permits. After expiration of the time for any appeal following site
4 plan and architectural approval, and when all.other applicable requirements of this �;
and other ordinances have been met, the responsible permit-issuing authority is
authorized to issue appropriate permits or licenses for the use applied for Final
approval of any work done. under a City permit or license issued shall not be
granted unless the approved site plan and architectural approval is complied with.
26-411 Approval Void After 12 Months: If an appropriate development permit has not
been issued for a project or, if no permit is necessary, if the.approved use is not
commenced within twelve•(12) months of siteplan and architectural approval, the
site plan and architectural approval shall become -void, unless a six month
extension;is requested and approved by;the-Director at least thirty (30) days prior
•
to the twelve (12) month expiration date.
" - 01 CONDITIO AL SE PERMITS: The purpose of,the conditional use permit
''tax& n
is to insurx tegration of uses which, because;of their special nature, may be suitable
only in certain loc �` t1'=--, .∎ly provided' such uses as arranged or operated in particular
manner. In considering an ap.
x�y�,� a conditional use, the Planning
due regard to the-nature and condition. ',r, ent uses and structures, and to the general and
specific requirements of:Article 21 The .k s'46:f, ., may :impose such requirements and
conditions'in addition to those specified in Article "Nv , -spect to location, construction,
maintenance, operation, and;duration.as may be deemed nece '°4?. he'protection of adjacent
properties and the public :interest. In addition to the review des f+ a= em, any proposed 0
conditional use, except for accessory dwellings, shall be subject to site Mx ;, set forth in
Section 26-401. Additional application shall berequired and additional fee sh .6 ��e , •ed for
IIIIsuch site plan and architectural review. When a conditional use permit has been ''''''' ,.;t:,",!.,,,,. I
.
' PAGE 26-12 ARTICLE 26-ADMINISTRATivE PROCEDURES AND REQUIRED PERMITS