HomeMy WebLinkAboutPlanning Commission Resolution 2020-12 07/28/2020RESOLUTION 2020-12
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING
ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY SECTION 24.010 (SPAR EXPIRATION)
WHEREAS, applicant Rich Coombs submitted an application for a Zoning Text Amendment to
modify Implementing Zoning Ordinance (IZO) Section 24.010 to allow for approval of extended expiration
for certain Site Plan and Architectural Review projects; and
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides
in pertinent part that no amendment that regulates matters listed in Government Section 65850, which
matters include the use and construction of buildings and structures, shall be made to the IZO unless the
Planning Commission and City Council find the amendments to be in conformity with the General Plan
and consistent with the public necessity, convenience, and general welfare in accordance with Section
25.050(B) of the IZO; and
WHEREAS, the text amendments contained in Exhibit 1 to this resolution modify the City's
Implementing Zoning Ordinance Section 24.010; and
WHEREAS, the text amendments contained in Exhibit 1 would provide minor updates to provide
for the Planning Commission's option to approve an extended expiration of SPAR permits for housing
projects up to a maximum of 4 years to recognize that many projects require complex coordination in
advance of vertical construction of the project and to implement City policy as adopted in the Petaluma
General Plan for quality development within the City; and
WHEREAS, on. July 16, 2020, public notice of the July 28, 2020 Planning Commission meeting to
consider the amendments was published in the Argus Courier as an eighth page ad; and
WHEREAS, on July 28, 2020, the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments.
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into the
resolution as findings of the Petaluma Planning Commission.
2. The text amendments contained in Exhibit 1 to this resolution, which exhibit is hereby made a
part of this resolution for the purposes, are exempt from CEQA pursuant to Sections 15061(b) (3)
in that the proposed text amendments are minor modifications to existing regulations that only
apply the expiration of permits as governed by the Implementing Zoning Ordinance.
3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments to the IZO as
contained in Exhibit 1 are in general conformity with the Petaluma General Plan 2025 in that
these amendments do not change the general character or impacts of current zoning
regulations and implement the General Plan as outlined in the July 28, 2020 Planning
Commission staff report.
4. In accordance with Section 25.050(B) of the IZO, the proposed amendments are consistent
with the public necessity, convenience, and welfare in that they update and clarify existing
regulations, provide greater flexibility for approving extended expiration for housing projects,
Planning Commission Resolution No. 2020-12 Page 1
and remove identified obstacles to the implementation of the zoning code, which implements
the policies of the General Plan,
5. The proposed amendments attached hereto as Exhibit 1, are hereby recommended to the
Petaluma City Council for consideration and findings in accordance with Sections 25.010 and
25.050 of the City's Implementing Zoning Ordinance and including a recommendation that
additional modifications to the text be incorporated to provide for time extensions when
extended expiration of less than four years is approved with the initial SPAR approval, but at
no time providing for more than a total of four years inclusive of initial approval and extensions.
ADOPTED this 281h day of July, 2020, by the following vote:
Commission Member
Aye
No
Absent
Abstain
Councilmember McDonnell
X
Chair Streeter
X
Vice Chair Bauer
X
Alonso
X
Hooper
X
Marzo
X
Potter
X
Patrick Streeter, Chair
ATTEST: APPROVED AS TO FORM:
e In
ather Hines, C#MmissiorSecretary Eric Danly, City Attorney
Planning Commission Resolution No. 2020-12 Page 2
Exhibit 1
ORDINANCE OF THE CITY OF PETALUMA CITY COUNCIL AMENDING THE TEXT OF
THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY
SECTION 24.010 (SPAR EXPIRATION)
WHEREAS, applicant Rich Coombs submitted an application for a Zoning Text Amendment to
modify Implementing Zoning Ordinance (IZO) Section 24.010 to allow for approval of extended expiration
for certain Site Plan and Architectural Review projects; and
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
provides in pertinent part that no amendment that regulates matters listed in Government Section 65850,
which matters include the use and construction of buildings and structures, shall be made to the IZO
unless the Planning Commission and City Council find the amendments to be in conformity with the
General Plan and consistent with the public necessity, convenience, and general welfare in accordance
with Section 25.050(B) of the IZO; and
WHEREAS, the text amendments contained in Section 2 and Section 3 of this ordinance modify
the City's Implementing Zoning Ordinance Section 24.010; and
WHEREAS, the text amendments contained in Section 2 of this ordinance would provide minor
updates to provide for the Planning Commission's option to approve an extended expiration of SPAR
permits for housing projects up to a maximum of 4 years to recognize that many projects require
complex coordination in advance of vertical construction of the project and to implement City policy as
adopted in the Petaluma General Plan for quality development within the City; and
WHEREAS, on July 16, 2020, public notice of the July 28, 2020 Planning Commission meeting
to consider the amendments was published in the Argus Courier as an eighth page ad; and
WHEREAS, on July 28, 2020, the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments; and
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
Resolution No. 2020-XX, recommending the City Council adopt the amendments; and
. WHEREAS, on XXX XX, 2020, the public notice of the XXX XX, 2020 public hearing before
the City Council to consider the amendments was published in the Argus Courier as an eight page ad;
and
WHEREAS, on XXX XX, 2020, the City Council of the City of Petaluma held a duly noticed
public hearing to consider the amendments; and
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: Findings. The City Council of the City of Petaluma hereby finds:
1. The above recitals are hereby declared to be true and correct and are incorporated into the
resolution as findings of the City Council.
Planning Commission Resolufion No. 2020-12 Page 3
2. The text amendments contained in Section 2 to this ordinance, which exhibit is hereby made
a part of this ordinance for the purposes, are exempt from CEQA pursuant to Sections
15061(b)(3) in that the proposed text amendments are minor modifications to existing
regulations that only apply the expiration of permits as governed by the Implementing
Zoning Ordinance.
3. In accordance with Sections 25.010 and 25.050(B) of the City's Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S., ("IZO"), the proposed amendments to the IZO as
contained in Exhibit 1 are in general conformity with the Petaluma General Plan 2025 in that
these amendments do not change the general character or impacts of current zoning
regulations and implement the General Plan as outlined in the July 28, 2020 Planning
Commission staff report.
4. In accordance with Section 25.050(B) of the IZO, the proposed amendments are consistent
with the public necessity, convenience, and welfare in that they update and clarify existing
regulations, provide greater flexibility for approving extended expiration for housing
projects, and remove identified obstacles to the implementation of the zoning code, which
implements the policies of the General Plan.
Section 2. Section 24.010 (Site Plan and Architectural Review) of the City of Petaluma
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
24.010- Site Plan and Architectural Review
Expiration of Permits. Site Plan and Architectural Review approval shall automatically expire twelve (12) months after approval
unless the permit has been exercised, an extended expiration has been approved consistent with subsection J., or unless an
extension of time is approved in compliance with subsection K. The approval shall not be deemed "exercised" until the permittee
has 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. Extended Expiration for Housing. An extended expiration of up to a maximum of four years may be approved by the Planning
Commission upon recommendation by the Director for housing projects that require additional time to obtain regulatory permits,
begin public improvements, or necessitate other significant coordination prior to commencement of vertical construction. Any
extended expiration must be approved with the initial SPAR permit and shall not be in addition to the 12 month expiration called
for in subsection I above. Approval of an extended expiration with the original SPAR permit precludes issuance of an extension of
time consistent with subsection K.
K. 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 24.010.1 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 provide 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 24.010.1. 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 and/or unanticipated
Planning Commission Resolution No. 2020-12 Page 4
or abnormal weather conditions sufficient to delay commencement or completion of construction or pre -construction
activities. The requirements of this subsection requiring the provision of substantial evidence shall not apply to city public
facility projects.
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 separately for each extension 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 remains 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. More than three extensions may be granted for city
public facilities projects.
Section 3. Section 24.010.L (Reactivation) of the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. is hereby eliminated.
Section 4. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Section 5. 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 f 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 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 7. Postin ublishing of Notice. The City Clerk is hereby directed to publish or post this
ordinance or a synopsis for the period and in a manner provided by the City Charter and
other applicable law.
Planning Commission Resolution No. 2020-12 Page 5