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HomeMy WebLinkAboutAgenda Bill 6BPart2 09/14/20091 2 3 4 5 6 7 8 9 .10 .11 12 13 14 15 16 ,17 �18 19 ..:20 21 23 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 EFFECTIVE DATE OF ORDINANCE - Introduced by ORDINANCE NO. N.C.S. Seconded by 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 Vill, Section 55 of the Petaluma Charter authorizes the City Council to establish such commissions as.sholl 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 PlanningCommission in order to streamline, expedite and enhance the processing and .consideration of development applications in the City of Petaluma; and, I FINDINGS WHEREAS; the City Council of the City of Petaluma hereby finds that the amendments contained in this ordinance to the City's SmartCodec, Ordinance no. 2152 N.C.S. are in general conformity with the Petaluma General Plan and any applicable plans, and that public necessity; .convenience and general welfare require or clearly permit the adoption of the proposed ai nendrnents. NOW THEREFORE, be it ordained by the Council of the City of Petaluma as. follows: Section 1, The Smarf odes, Ordinance*No. 2152 N.C.S.Js 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, N.C.S. EXHIBIT B Page 1 of 3 . 3S 1 Guidelines (Appendix "B" of the Specific Plan) for example illustrations and information 2 on architectural character in the Specific Plan area. 3 4 Section 4.20,010 - Building Height Exception in T6 Zone - is amended to read as follows: 6 The maximum building height in the T6 zone shall be 4 stories, unless the Planning 7 Commission is able to make the following findings to allow up to two more stories (a total 8 maximum of 6 stories): 9 A. That the, additional height makes a positive contribution to the overall character 10.of the area and will be compatible with its surroundings. 11 B. That the additional height Will not result in unreasonable restrictions of light and air- 12 to adjacent properties or the public right-of-way, or otherwise be detrimental to 13 the public health, safety and welfare. 14 C. That the additional height will support other policies and standards of the Specific 15 Plan and will result in a better overall project. 16 17 The first'pardgrdph of Section 6.10.050 - Parking Design and Development Standards - Is 18 amended to'read as _follows: 19 20 Required parking areas:shall be designed and constructed as follows, and in compliance 21 with the -guidelines of the Planning Commission. Thestandards of this Section may be 22 modified by the Planning Commission where it determines that alternative parking 23 designs and standards will more appropriately relate to the operating characteristics of 24 the proposed development or new land use; while being equally effective in providing 25 parking areas that are safe, convenient, use land efficiently, and are aesthetically 26 attractive. �7 -8 Section 9 - Glossary (Historic and Cultural Preservation Committee).- is amended to read 29 as follows: 30 31 Historical and Cultural Preservation Committee. The Historical and Cultural Preservation 32 Committee established by, and with powers and duties assigned by the Implementing 33 Zoning Ordinance Chapter 15 (Preservation of the Cultural and Historic Environment). The 34 Historical and Cultural Preservation Committee consists of the membership of the 35 Planning Commission, plus one member representing the.Petaluma Historical Museum, 36 and one member representing Heritage Homes of Petaluma. 37 38 Section 2. If ,any section, subsection, sentence, clause, phrase or word of this ordinance.is for 39 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent 40 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the 41 validity.of'the remaining. portions of this ordinance. The City Council of the City of Petaluma 42, hereby declares that it would have passed -and adopted this ordinance and each and all 43 provisions thereof irrespective of the fact that any one or more of said provisions be declared 44 unconstitutional, unlawful or otherwise invalid. 45 46Section 3. The City!Council finds that adoption of this ordinance is exempt from the California 47 Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b)(3) (no possibility that the 48 activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a 49 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California 50 Code of Regulations). 51 Ordinance No. N.C.S. EXHIBIT B Page 2of3 3q . I Section 4. This ordinance shall become effective thirty,(30) days after the date of its adoption by j ' 2 the Petaluma City Council. 3. 4 Section 5. The City Clerk is hereby directed to publish or post this ordinance, or a synopsis for the 5 period and in the manner provided by the City Charter and any other,applicable law. 6 i 7 INTRODUCED and ordered posted/published this day of 2009. 8 9 ADOPTED this day of 2009 by the following vote: 10 11 AYES: 12 NOES: i 13 ABSENT: 14 ABSTAIN:: 15 16 17 18 19 20 j 21 23 24 25 26 27 28 29. i 30 31 32 33 34 35 36 37 38 Ordinance No. N:csEXHIBIT B.. Page 3 of 3 Attachment 2 RESOLUTION OF -THE PLANNING COMMISSION'OF THE CITY OF PETALUMA MAKING -FINDINGS AS TO GENERAL PLAN CONFORMANCE AND CONSISTENCY WITH THE PUBLIC NECESSITY, CONVENIENCE AND WELFARE AND RECOMMENDING TO. THE CITY COUNCIL ADOPTION .OF PROPOSED ORDINANCE AMENDING CHAPTER 25 ENTITLED "AMENDMENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO1. 2300 N.C.S., TO CLARIFY THE REVIEW OF PROPOSED ZONING ORDINANCE AMENDMENTS BY - THE PLANNING COMMISSION WHEREAS, Article VIII, Section 55 of the Petaluma Charter in pertinent part authorizes the City Council_ to establish such commissions,as shall be necessary for the effective accomplishment of municipal business; 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 the City of Petaluma; and WHEREAS, the City Council of the City of Petaluma, by Ordinance No. 2337 N.C.S. adopted July 6, 2009, amended the City of Petaluma Municipal Code to effect said change; and WHEREAS, Section 25.010 of the Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S ("IZO"), provides in pertinent part that no amendment shall be made to the IZO unless.the Planning Commission and City Council find the amendment to be "in conformity with the General Plan; and WHEREAS, Section 25.05.0(B) of the IZO provides in pertinent part that if at the conclusion of a, hearing the Planning. Commission finds that a proposed amendment to the IZO is in conformance with the Petaluma General Plan, and consistent with the public necessity, convenience,and general welfare, -the, Planning Commission may recommend amendment of the IZO by resolution; and that except in the case of amendments initiated by the City Council, denial of an, amendment application by the Planning Commission shall terminate amendment proceedings, unless such decision is appealed to the City Council; and WHEREAS,, on August 11, 2009 by Resolution No. 2009-137 N.C.S.; the .City Council ,of the- .City of Petalumaxe&r.red a.City Council-initiatedordinance which is, attached as Exhibit A and -made a„part.ofthis resolution ("the Ordinance") for review and recommendation by the Planning Commission in accordance with Chapter 25 of the IZO; and WHEREAS, on August 27, 2009, notice of a hearing before the Planning Commission to consider the Ordinance was published pursuant to IZO Section 25.050(A); and WHEREAS, on. September 8, 2009, the Planning Commission conducted a public hearing, considered public comment and reviewed the Ordinance for the purposes of determining i 41 whether the Ordinance conforms to the -General Plan and is consistentwith the public necessity, convenience -and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Petaluma that: 1. The above recitals are true and correct and hereby incorporated as findings In accordance with paragraph B of section 25.050 of the�City of Petaluma Implementing Zoning Ordinance, the Ordinance attached to and �made, a part of this resolution and which was_referred='for Planning Commission review and recommendation by City Council Resolution No. 2009-137 N.C.S., adopted August 11, 2009, (the "Ordinance") is in conformance with the City of Petaluma General Plan because: a. There is no General Plan goal, policy or program which refers to maintenance• or, updating of the IZO or the process by which IZO amendments are made, and there is no identified lack of conformity between the Ordinance and the General' Plan with respect to such maintenance or updating b. The Ordinance facilitates an efficient process for administering the Implementing Zoning, Ordinance by avoiding duplicative process for consideration of administrative or procedural zoning, amendments. which do not involve matters relating to the Planning Commission's authority, to approve and/or recommend approval of land use, zoning, site design and architectural review and other matters subject to California Government Code Section 65850. c. Maintaining an up=to-date zoning ordinance' and efficient administrative processes also presents the image 'of a city which is a well -maintained, well -served: place to live and do business, furthering General P1am6oal 9-G-1, Policy 9-P-1 and Program 9-P-5(B) 3: .The Ordinance is consistent with the public necessity, convenience and general welfare, because it avoids unduly duplicative process for zoning ordinance amendments which govern procedural matters not involving applications for -development entitlements. 4. The Planning Commission recommends that the City Council adopt the -proposed 'Ordinance set forth in Exhibit A to this Resolution. 1287373.5 y2 ORDINANCE NO. 1 Introduced by 2 3 4 _.._._.....- -- .......__._._......... ........... - 5 7 N.C.S. Seconded by 8 ORDINANCE OF THE CITY .COUNCIL OF`THE CITY OVPETALUMA AMENDING CHAPTER 25 9 ENTITLED "AMENDMENTS"'OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 10 2300 N.C.S., TOCLARIFY THE REVIEW OF PROPOSED ZONING AMENDMENTS BY'THE 11 PLANNING COMMISSION 12 13 14 WHEREAS; Article Vill, Section 55 :of the Petaluma Charter authorizes the City Council to 15 establish suchcommissions as shall be necessary for the effective accomplishment of municipal. 16 business, .provided, that a member of the City Council shall be a member of each commission, 17 commissioners' terms shall not exceed four years, and commissioners that have served 18 continuously for.six years shall not be reappointed until at least one year has elapsed after the 19 expiration of the sixth year of.service; and, . ;0 21 WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to' 22 combine the cluf es of: the Planning Commission and Site Plan and Architectural Review 23 Committee into a single, reconstituted Planning Commission in order to streamline, expedite and 24 enhance the processing and consideration of development applications in the City of 25 Petaluma; and, 26 27 WHEREAS, on June 15,,2009, the City Council of the City of Petaluma. introduced: 28. Ordinance No. 2337 amending Chapter 2:08 and repealing Chapter 2.50 of the Petaluma 29 Municipal' Code to abolish the Site Plan and Architectural Review Committee and add site plan 30 and architectural review responsibilities to the duties of a reconstituted' Planning Commission; 31 and Ordinance No. 2338 amending specified provisions of the Implementing, Zoning Ordinance 32 and 'Ordinance No. 2339 amending specified provisions of the SmartCode© to implement the '33 consolidation of Planning Commission and site plan and architectural review duties in a newly 34 reconstituted Planning Commission; and, 35 36 FINDINGS 37 38 WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments 39 contained in this ordinance to the City's Implementing Zoning -Ordinance, Ordinance No. 2300 40 N.C.S., are in general,conformity with the Petaluma General Plan and any applicable plans, and 41 that -the public necessity, convenience and general welfare require or clearly permit the 42 adoption of the proposed amendments. 43 44 Ordinance No. P.C:S. EXHIBIT A Pagel. of y3 i I 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 17 18 i 19 20 21 22 23 24 25 26 27 I �9 30 j` 31 i 32 33 34 35 36 37 38 39 40 41. -47 .43 44 45 46 47 48 49 50 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 'OF'PETALUMA AS FOLLOWS: Section 1. Section 25.010, "Amendment" of the Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S., is hereby amended to read as follows: . This Ordinance may be amended by changing the boundaries of any district or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment. No amendment to provisions of this ordinance that regulate matters'listed in Government Code section 65850, as from time to time amended, shall be.made unless the Planning Commission and the City Counciltind the amendment to be in conformity with the General Plan. The City Council, in its sole discretion, may direct that amendments to provisions of this Ordinance that regulate matters other than those listed in Government Code section 65850, as from time to time amended, be submitted to the Planning Commission for a finding of conformity with the General Plan. Section 2. Section 25:040, "Investigation and Report" of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S:, is hereby amended to read as follows: The Zoning Administrator (Director) shall make an investigation of the proposed amendment and shall prepare a report thereon which shall be submitted to the City body or bodies -with jurisdiction over the, proposed amendment. Section3. The title and first sentence of Section 25.050, currently entitled "Public Hearings" of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby amended to read as follows: 25.050 - Public Hearings of:the Planning Commission For proposed amendments subject to Planning Commissionreview in accordance with section 25.010, the Planning Commission shall hold a public hearing in accordance with this section. Section 4. A new Section 25.065, entitled "Public Hearings of the City Council" is hereby added to read as follows: 25.065 - Public Hearings.of the City Council The City Council shall hold public hearings in accordance with this section to consider proposed amendments subject to Planning Commission review in accordance with -section 25.010. ,The City Council may, :in'its sole discretion, hold public hearings in accordance with this section on,proposed amendments for which Planning Commission review is not required in accordance with section 25.010. A. Noticeof public hearing. Notice of the time and place of the hearing shall be, published in a newspaper of general. circulation in the City of Petaluma, at least ten (10) days prior to said public hearing, or by mailing, postage prepaid, a notice of the time and place of the hearing,to all persons whose names appear on the last adopted tax roll of Sonoma County as owning property within five hundred (500) feet of the boundaries of the property that is the subject of the hearing. B. Action by the City Council at conclusion of hearing. If, at the conclusion of the hearing, the City Council finds the amendment to be in conformance with the findings specified in section 25.070, the City Council may adopt the amendment. Ordinance No. � N.C.S. EXHIBIT A Page 2 of.4 .. ._ ....... 4y 1 .2 3 4 5 7 9 10. 11 12 13 14 15 16 17 18 19 �20 21 22 23 24 25 26 27 `8 _ _a 30 31 32 33 34 35 36 37 38 39' . 40 41 42 43 44 45 46 Section 5. Section:25.080, "Changes by City Council" of the Implementing Zoning 'Ordinance, Ordinance No. 2300 N.C.S., is hereby amended to read as follows: If the City Council proposes to alter a proposed zoning amendment recommended by the Planning Commission, or to alter or adopt an amendment which has been denied by the Planning Commission, or.to alter a proposed zoning amendment for which Planning Commission review is not required in accordance with.section 25:010, the City Council, in its sole discretion, may either: refer the proposed altered amendment back to the Planning Commission forreport and recommendation before adoption, or adopt the proposed altered amendment. Failure,of the Planning Commission to report to the City Council within thirty (30) days of the City Council's referral shall be deemed approval by the Planning Commission of the proposed amendment. Section 6. 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 project as defined in Section 15378) of'the CEQA Guidelines (Title 14, Chapter 3' of the California Code of Regulations).. Section 7. 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.8. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 9. 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'postedlpublished this day of .2009. ADOPTED this day of 2009 by the following vote: AYES: NOES: .ABSENT: ABSTAIN: Ordinance No. Pamela Torliatt, Mayor N.C.S. ' EXHIBIT A Page 3 of 4. yS i i 1 '2 1 - 3 ATTEST: i. 4 5 . 6 7 Claire"Cooper, City Clerk 8 9 10 11 12 13 14 j 15 . i 16. 17 18 � .19 21 22 i23 24 25 26 27 28 29 i 30 31 i 32 33 34 35 APPROVED AS TO FORM: Eric Danly, City Attorney Ordinance No. N.C.S. LA CITY OF PETALUMA, CALIFORNIA AGENDA BILLAugust 11, 2009 Agenda. Title: Discussion and Possible Adoption of Resolution Referring to Meeting Date: August 11, 2009 the Planning Commission: Proposed Ordinance Amending Specific Sections of the Implementing2pning Ordinance, Ordinance No. 2300 Meeting Time: 7c00 PM N.C.S.; to Implement Consolidation of Planning.Commission and Architectural Review Responsibilities in a Single, Reconstituted Planning Commission; Proposed Ordinance Amending Specified Sections of the SmartCodeO, Ordinance No.2152 N.C.S., to Implement Consolidation of Planning Commission and. Architectural Review Responsibilities in a Single, ;Reconstituted Planning. Commission; and Ordinance Amending Chapter 25 Entitled "Amendments"' of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., to Clarify the Review of Proposed Zoning Ordinance Amendments by the Planning Commission. Cate orv: ❑ Presentation ❑ Appointments ❑ Consent ❑ Public Hearing ❑ Unfinished Business ® New.Business Department: Director": Contact Person: Phone Number: City Attorney Eric Danly Eric' Danly (707)778-4362 E. TotaI Cost of Proposal..or Proieet: N/A Name of 'Fund: N/A Amount Budgeted: N/A Account Number: N/A Current Fund Balance: N/A Recommendation: It is recommended that the City Council take the following action: Adopt Resolution (Attachment B) refeOiag.t4e .proposed ordinances to+ the .Planning Commission in accordance with current Section ,25.010 of the Impleirienting Zoning Ordinance for consideration, recommendation and findings in.accordance with that section. a. .1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote;to allow posting priorto second reading ? ❑ First'reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment 3.0 Other, action:requiring special notice: Published notice to occur August 20, 2009 for a September 8 Planning Commission liearing, see`Attacliirieiit A i' i. ATTACHMENT V LA SumrnarvStatement: The purpose of this item is to permit the City Council to refer to the Planning Commission for consideration three proposed ordinances that would amend the Implementing Zoning Code, in accordance with the following: On March 30, 2009, while reviewing the 'recommendations of the Development Code Advisory Committee, the City. Council directed staff to combine the duties of the Planning Cominission and the Site Plan and Architectural Review,Coinmittee ("SPARC") into a single Planning Commission. Per that request, staff prepared a series of ordinances that would abolish SPARC, expand the duties of the Planning Commission to include site plan and architectural review, require the appointment of all new members to thc•reconstituted Planning Commission, and amend the Implementing Zoning Ordinance and the SmartCode provisions to implement that consolidation. Three ordinances were.presented to the City Council on .Tune 15, 2009 intended to implement the abolishment of SPARC and reconstitution of'the Planning Commission. At that meeting, the City Council introduced all three ordinances. The ordinances subsequently were adopted and' another ordinance was introduced and adopted to clarify, the review of proposed zoning amendments by the Planning Commission. On August 3, 2009 a petition was fled and' served on the City cliallenging the City Council's action to reconstitute the Planning Commission and appoint new commissioners ;to the reconstituted body, and seeking reinstatement and costs and attorneys' fees. The challenge is based on two arguments: 1)'removal of any Planning, Commissioner requites five: votes under Section 2.08.010 of .the Petaluma Municipal Code; and 2) under sections 25.0,10 and 25.040 of the Implementing Zoning Ordinance all amendments to the Implementing Zoning Ordinance must be presented to the Planning'Commission prior to adoption. This item would permit the City Council to refer to the Planning Commission ordinances that would: amend the; Implementing. Zoning Ordinance"and the SmartCode© to implement thembolishment oFSPARC and reconstitution of the Planning Commission to include.site plan and architectural review duties; and clarify the review of zoning amendments by the Planning Commission. Attachments to Agenda Packet'Item: & ;Draft Zoning Amendment Hearing Notice B. Resolution Referring Ordinances Amending. the Implementing Zoning Ordinance and the SmartCode© to the Planning ,Commission C. Proposed'Ordinance of the City Council of the City of Petaluma Amending Specified Sections of the .:Implementing Zoning Ordinance; Ordinance No. 2300 N.C.S. to Implement Consolidation of Planning Commission and Architectural Review.Responsibilities in a Single, Reconstituted'Plannino'Commission. D. Proposed Ordinance of the City Council of the City of Petaluma Amending Specified Sections of the SmartCode, Ordinance No. 2152 N.C.S. to Implement Consolidation of Planning Commission and Architectural Review Responsibilities in a Single; Reconstituted Planning Commission. E., Proposed Ordinance of the City Council ofthe City of Petaluma Amending Chapter 25.Entitled., .Amendments" of the Implementing Zoning Ordinance, Ordinance Nb. 2300 N:C.S. to Clarif ,Ahe Review of Proposed Zoning Amendments by tie ;Planning Commission. Reviewed bv.Finance Director: ReviewehMity Attornev: Annr.QveAkttV M manaeer: Date: Date:_ r 1! t 0 Dater Rev. # Date Last Revised: File: CITY OF PETALUMA, CALIFORNIA AUGUST 11, 2009 AGENDA REPORT FOR Discussion and Possible Adoption of Resolution Referring to the Planning Commission: Proposed Ordinance.Amending Specific Sections of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., to Implement Consolidation of Planning Commission and Architectural Review Responsibilities in a Single, Reconstitute&I'lanning Commission; Proposed Ordinance Amending Specified Sections of the SmartCode©, Ordinance No. 2152 N.C.S., to Implement, Consolidation of Planning Commission and Architectural Review Responsibilities in a Single, Reconstituted.PIanning Commission; and Ordinance Amending Chapter 24 Entitled "Amendments" of the .Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., to Clarify the Review of Proposed Zoning Ordinance Amendments by the Planning Commission. 1. RECOMMENDATION: Adopt resolution (Attachment B) referring ordinances amending the, Implementing Zoning Ordinance and SmartCode© to the Planning Commission in accordance with Sections 25.010 and 25.040 of the Implementing Zoning Ordinance. 2. BACKGROUND: On March 30, 2009, while reviewing the recommendations of the Development Code Advisory Committee, the City "Council directed staff to combine the duties of the Planning Commission and the Site Plan and Architectural Review Committee ("SPARC") Into a single .Planning Commission. Per..that request, staff prepared a series of ordinances that would abolish SPARC, expand the duties of the Planning Commission to include site plan and architectural review, require the appointment of all new members to the reconstituted Planning Commission, and amend the Implementing Zoning Ordinance and the SmartCode0 provisions to implement that consolidation. Three ordinances were presented to the City Council on June 15, 2009 intended to implement the abolishment of SPARC and reconstitution of the Planning Commission. At that meeting, the City Council introduced all three ordinances. The ordinances subsequently were adopted and another ordinance was introduced and adopted to clarify the review of proposed zoning amendments by the Planning Commission: At the, subsequent City Council .meeting on July 6, 2009, the ordinance providing for abolishment of SPARC and reconstitution of the Planning Commission with site plan and architectural duties (Ordinance 2337 N.C.S.), the ordinance, implementing corresponding changes in the Lnplementing Zoning Ordinance (Ordinance 23-1 N.C.S.) and the., ordinance implementing corresponding changes in the SmartCode© (Ordinance 2339 N.C.S.) all were adopted. Also at .the July 6, 2009 City Council meeting, an ordinance was introduced amending Chapter 25 of the Implementing Zoning Ordinance to clarify the review of proposed zoning amendments by the Planning Commission..Also at the July 6; 2009 meeting, the City Council adopted resolutions appointing new Planning Commissioners to the reconstituted Planning Commission. The appointment resolutions provided that the new appointments would become effective when the ordinance abolishing SPARC and reconstituting the Planning Commission takes effect (approximately August 6, 2009). The ordinance clarifying the review of proposed zoning amendments by the Planning Commission (Ordinance 2340 N.C.S.) was adopted at the City Council meeting on July 20, 2009. On August 3,..2009, three sitting City of Petaluma Planning Commissioners, John Rittenhouse I1I, Kathleen C. Miller and.Spence F. Burton, through their legal counsel, filed and served on the City a writ petition challenging the .City, Council's action to reconstitute the Planning Commission- and appoint new commissioners to the reconstituted body; and seeking reinstatement and costs and attorneys' fees. Petitioners based their challenge on two arguments: first, that removal of any sitting Planning Commissioner requires five votes under Section 2.08.010 of the Petaluma Municipal Code; and second, that sections 25.010 and 25.040 'of the Implementing Zon ing Ordinance require that all amendments to the Implementing Zoning Ordinance must be presented to the Planning Commission prior to adoption. 3. DISCUSSION: a. Procedural Requirements for Adoption of Zoning Amendments This item would -per nit the.City Council to:refer to the Planning Commission ordinances that would: amend the Implementing Zoning Ordinance and the SmartCode©.to implement the abolishment of SPARC and reconstitution of the Planning;Commission with site plan and architectural review duties; and clarify the review of zoning amendments by the Planning Commission. Petitioners Rittenhouse, et al., have argued that all amendments to the Implementing Zoning Ordinance must first be submitted to the Planning Commission in accordance with Sections 25.010 and 25.040 of the Implementing, Zoning Ordinance. Section 25.010 provides in pertinent part that no amendments shall be'made unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan. Section 25.040 requires the Zoning Administrator to make and investigation of proposed amendments and submit a report to the Planning Commission. However, the applicability or purpose of Sections 25.010 and 25.040 concerning amendments such as those sought by the Council is unclear. The ordinances amending,the Implementing Zoning Code and SmartCode© to implement the abolishment of SPARC and reconstitution of the Planning Commission with site plan and architectural review duties affect only the, make up and authority of subordinate bodies of the City Council concerning, planning and land use matters. Such ordinances do not affect substantive zoning issues such as permitted uses, location and size of structures, lots, parking requirements, etc. It is unclear why a finding of consistency with the General Plan would be required"for such structural and procedural enactments adopted pursuant,.to the City Council's general legislative authority, or what purpose such a finding would_ serve with respect to such amendments. The City's General Plan does not address such procedural matters. Nonetheless. Rittenhouse, et al, have argued in their petition that Sections 25.010 and 25.040 require submission of all proposed zoning amendments to the Planning, Commission. Rather than litigating the issue, the Council may, "cure" any procedural defect, arising from failure to, submit zoning amendments for Planning. Commission consideration by referring proposed zoning amendments to the _Planning Commission before taking, action. to :re -adapt. them. The proposed zoning amendments attached as Attaclunent: E to this Agenda Report would clarify which future zoning amendments will required Planning Commission,review, and which will not. Similarly, the Council may elect to address legislatively Petitioners' argument that the 5 vote removal requirement in Section 2.08.0.1'0 of the Municipal Code applies to reconstitution of subordinate bodies. b. Status of Subordinate Planning/Land Use Bodies If the Council proceeds with "curing" legislatively any potential defects asserted by Petitioners is the Council's legislation abolishing SPARC and reconstituting the Planning Commission, it will be necessary to consider the role of subordinate planning/land use bodies and processing of development applications while such "cure" efforts are under way. .50 The Council's abolishment of SPARC and incorporation of site plan and architectural review into the Planning Commission's duties may be treated as effective, because Petitioners have not challenged these actions, staff are aware of no basis for challenging thern, and sections 2 and 4 of ordinance 2331 taking these actions took effect August 6, 2009. If the City Council proceeds with legislative "cures" for procedural defects alleged by'P,etiti'oners related to reconstitution of the Planning Commission, staff would recommend proceeding in the near term with the Planning Commissioners that are sitting as of June 30, 2009 carrying out Planning Commission and site plan and architectural review duties, and not seating any new Planning Commission appointees to fill the seats on a reconstituted Planning Commission unless and until the Council legislatively "cures" anv alleged defects in the Council's legislation reconstituting the Planning Commission. 4. FINANCIAL IMPACTS: The direct financial impacts are staff time devoted to legislative analysis and drafting. 1278087.1 - .51 ......_._. Attachment A CERTIFICATIONOF PUBLICATION IN = Petaluma Argus-Covricr (Published Thursday)' 1 SUPERIOR COURT L.- AOF THE - SYNOPSIS OF CITY OF PETALOMA,CITY: STATE OF CALIFORNIA -=ScouNCl� oRotNANCEi+os3ao:Ha:�s.' . j� - • �+ !s :3AMENDING CHAPTER 2S_'E!MUX0.: ;. . In and for the County of Sonoma �}� :,` AMEN6INENTS ;OF.THE IMPLEMENi1NO .ZONING ORDINANCE. ORDINANCE H.Q. 2300 �y �� y„ ,� � ���, �'� .N.C.SJ 7d CLARItY.,THt FiEVIFNf ;OF:PROPOSED + +,�� r��, C,..y: ZONING A0.IENDMIPIT.5-9Y'i'NH'PI:A6INING"'• � DECLARATION onilna�ceNd:234g tr-C:S, niai:es 1tiaiYaillowldg'aaaendmenls [ am a citizen of the United States, over the age of i td+the:;City:, eI'Pe4aI66; ItnpfaSmenting ?erring, Ordinarnce,. eighteen ears and a resident of said county and was at oiiliiiadce?uu2ao9HGs_ ;.' h y ty in ;�Sectla Is ganenaicd to rced'as.follaps: i . the all said times the principal clerk of dte printer and fiiis'Y I '.ieeNmay be'laiaeaded by changing theaiound- publisher of The ,Petaluma Ar, us -Courier, a newspaper l�'h'`O h valslAaii.or by charaging any olhecptoyjslon.. p g Ott Yjo( Gnevef !ha ppblfc necessity and c inyeriienee end. of general circulation, published weekly in the City of r=gen vml_(fare;n'9ulraauch.nmendmenL+No;ajiiedifi;iedf :; a,proymt-oils of,.thls.drdfnencpi lhet ieguietc.malnF!v.ment 7 Petaluma, in said .County of Sonoma, State of California;-ztishover}Irgent Code cecU6n_65g50;ae from<ei,;ie;iditfma that The Petaluma Argus-Courier is and was at all times ejhe`.Clty lt;Iw;inede unlcds Ufe:Ptanping,'Cdanmfialoo � � 'apd the;Clty t:oueelf.'flnd;tfje;ert%enilmaai lo;befp�confor- herein mentioned, a newspaper of general circulation as may;;ivfth;the .d6hBrarpian ;.Thai C1t-,Cciin'I„ViW,,i 6te `iilaicrellan;: mey=:d{kept"tfiot panaindmepls_>to :provlslone: of that term is defined by Section 6000 of the Government[tile'oidloedco]h`nlregulri(eitipUis'othcrTtteniu;o9o:getcd Jn:Gaiverrlinenl'Codoeectlon658�Oias-Troni,Utitaitp:afine Code; its status as such newspaper of general circulation 6anentiea;:be;aut%nitted to thet�p n.61. ii.cd- aiaTilssloa ipr a having been established by Court Decree No. 35518 oC+m�it:af:cg ml ';w)I1f;a Sectlwf;z6 tfg0 at[a a edit f4Mpd,ge [allows• the Superior Court of the State of California, in and for ibelcning,jn rH o fMia 9nefl make an inves=.. the County of Sonoma, Department I thereof, and as u9atlo�;ot;llfa oe d., ;tt�a�endfnentvegd q ,,U.;prrparo s ty p ;repot li�e7ao t!?d bq a lib-Itted to the,Cityy:bodyar. i:bodl Itfil. obover:;—propweii:anjentlmenf or the L,..;,._ z ;jl'd earpd.t ettce of�,Sectlon25,M59Ig provided by said Section 6000, is •published f ernetldaid lo'ti dissemination of local and telegraphic news and tj- R d intelligence of a general character, having a bona fide Cisoo;;bl earfa�g9;ittrice?IainjlhgCorrimas�axfr;�; g Bair oset�a�etjdmeSi-ts'sytifecli_'P_tannfoy'Ca�r_n,Isalorc_ subscription list of paying subscribers, and is not devoted raVJ frroe�=o`-+Yfil;`eei,sio�gtataePln��g J p p) g rt �lisio� of iill:hnld a ppbllealie gtnbccord_err2e to the interests, or published for the entertainment or t"issacflon: _• .:, ;.:: ;; :; : •s Sec'gon:?SA 5 Is dd cl.to rw a. 611 instruction of a particular class, profession, trade, calling,y�.��utillcait>iis9':ofafie'ohy race or denomination, or for the entertainment and Jhedit ccundl;erta}qfi. puenc2 ea gg�igeccora��cey, g races or denominations. that at all said times said 4ih;tlifssecUoii,to,ccnef`de"ayrppo a e antss�ti)eFt: instruction of such classes, professions, trades, Cal11n�5, to1PlalifilpgCaininiaton'rievWiw`1n, cc Cavil;:aecllof. i.!zSAit>ane;iii5;counra m%jin'- a s6�retii;;holde. publlo9iearlrigs;_!r#;(a'cio�,� caWftht ll pn on_prri-,, newspaper has been established, published in the said sedamendatiauJtaip`OFiJeining'Cotp gsinn.jevlevr:: P s'not required tp eecordapc`_e }yllh eeflori?5A70: - :... City of Petaluma, in said County and State at regular a:'Ndgax:arpytiif�hgn�ing,:lolfgespf.uea:ama:end,place otthe Aeefifig Intervals for more than one stwLIjtie, pp§l(stied n'e newspaper reruf _..... year preceding the first _. elanWeOon;tn5ttje c(tyr�P aluinarei160sr±eii"(to).daya. ea of ger publication of this nonce herein mentioned; that said p06,r-tqiW uma�dpere b>ti`it9oeli• t065; notice was set in type not smaller thamnonpareil and was iGfroijenaa to OPRMoa:lryelai'aaaptaalez,oft.ol. non;a receded with words printed in black face a not �coun�tyas oiyniiig>>{apetg(thlnGpvejnuPgiedasoq)';tagt; p p type of ilia bolandaries dtfthe:topelty.lhat ts'tlie=sub)ect o(itie smaller than nonpareil, describinb and expressing in:,__.:Y:.' l ,;Action: by,;the'C(ty';SCoyncll;pt. cpnp3usfon: 6}.;hearing. general terms, the purport and character of the notice (f;=fit'thaq.+enpGJslq?iofthe,';heeiinq;lhe:Clty.CounNLgnds'.. to%lie ;'fthe meo?! 'ent :in:.Corifor*nIre-We, finding@'. intended to be _liven; that the Notice.of Amending §peape`dFitl ecttaq 25 t170;"[lie; Ciiy Caun_th citmay.adapttho-;_ Amendments Ordinance h2340 N.C.S. & #2300 iv.t .S. :�Ime{yfinerll 3 of. which the annexed is printed copy, was published and ly�l5A801samend'66CS10;.all wawa f`]f:the C(y Jnclf pmpoaea to after a paoposad xonfng i .amen.Epl�ry(2"reeaiitmerded'by_ the:,Planning, Comiokssfon, , printed in .said newspaper at least one consecutive time or.1 It�r p aaaef?,;i+-amenamePt,whiei; lies Mdeenfep. commencing on°the 1;6th„day of July, 2009 and ending on 5I f�e•2(pnifing Commisslan orta�altRr'a proposeaionfiig;? f"amenHatanFTor whit}isF!Ienn7nB�Commfasfon.ruvtgyl;ls:not;l the i6th.day. of July, 2009, io-wit July 16, 2009. oa11cm cewiu;_i_ _ 4.0to;u,ecNycau y,;a 7n:lrasq80iii 9_,:ftiQkAlther,ti(%r.3lie:piap,'Qred;atterpd • :�e[jieiidtnanUfeclr to theptaniiJng CammisailainJor'report'9aidr I DECLARE UNDER PENALTY OF PERJURY that the treed!�mendetla aetore adall ani. r<mpop}:.tiie:p Posed :clteked;anienitmerit:;;Fnllure°ot,lh lann{ng Coiiimissfopia... foregoing is true and correct. 'report_iu:Wd City;councti wiiO4l i- Ir (391T,aey's"oYzhe.:Clry,_ Counall'arefauraf;shell;baideemed _approval :by.lfie.P,lanrifn�g:_ Cpmmisslairiiof_The._PioPo3�edsiiiendmen�:.-;''.::: DATED this 16th day of July, 2009, at Petaluma, Wl aopy di thle prdfaiarice is ayslfeble al the o mca of the.=. y City Clerk; Clty. Hall.11: English Stree4 P?talua ,CA.94952' Calif ia. clelre:cooau.i : iCily'Cterk Signed tAQ� '� Imo` 2414827-Putt. Juf 16' 2099 ILL Donna Taniguldii, Chief Clerk #2414827 Attachment- B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA REFERRING TO THE PLANNING COMMISSION: PROPOSED ORDINANCE AMENDING SPECIFIC SECTIONS OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO.2300 N.C.S., TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL. REVIEW RESPONSIBILITIES. IN A SINGLE, RECONSTITUTED .PLANNING COMMISSION; PROPOSED ORDINANCE AMENDING SPECIFIED SECTIONS OF THE SMARTCODE©; ORDINANCE NO.2152 N.C.S., TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN.A SINGLE; RECONSTITUTED PLANNING COMMISSION; AND ORDINANCE AMEN'DING' CHAPTER 25 ENTITLED' "AMENDMENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO.2300 N.C.S., TO CLARIFY THE REVIEW'.OF PROPOSED ZONING: ORDINANCE AMENDMENTS BY THE 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 ofthe.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 Commissionand.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 WHEREAS, Section 25.010 of the Petaiuma.1inpldmenting Zoning Ordinance, Ordinance.uo. 2300 N.C.S, provides in pertinent partthat no amendment shall be made to the Unplementing'Zonibg Ordinance' unless the Planning Commmission and City Council find the amendment to be in conformity with the General Plan; NOW, THEREFORE, BE IT RESOLVED by the. City Council of the City of Petaluma diatAhe fcillowing proposed ordinances to amend the Implementing, Zoning Code; Otdinance rio: 2300 N.C.S. and the SmartCodeCG,-Ordinance no. 2152 N.C.S., are hereby referred to the Petaluma..Planning Commission for consideration and finding in accordance with Section 25.010 of the Implementing Zoning Code: A. Proposed'Ordinance of the City Council of the City of Petaluma Amending Specified Sections of the Implementing Zoning Ordinance; Ordinance No. 2300 N.C.S. to Implement, Consolidation of Planning Commission and, Architectural Review Responsibilities in a Single, Reconstituted Planning Commission. y3 B. Proposed .Ordinance of the City Council of the City of Petaluma Amending;Specified Secfions of the SmartCode` , Ordinance No. 2152 N.C.S. to Implement Consolidation of Planning Commission and Architectural Review Responsibilities in a Single, Reconstituted Planning Commission.. C. Proposed Ordinance of the City Council of the City of Petaluma Amending Chapter 25 Entitled "Amendments" of the. Implementing. Zoning Ordinance, Ordinance No. 2300 N.C.S. to Clarify the Review of'Proposed Zoning Amendments by the Planning Commission. �ssoa.� Attachment i EFFECTIVE DATE ORDINANCE NO. N.C.S. OF°ORDINANCE 1 Introduced by Seconded by 3 4 5 6 7 8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SPECIFIED 9 SECTIONS OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S: TO 10 IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW 11 RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION—_ _- 12 13 WHEREAS, Article Vill, Section 55 of the Petaluma Charter authorizes the City Council to 14 establish such commissions as shall be necessary for the effective accomplishment of municipal 15 business, provided that a member of the City Council shall be a member of each commission. 16 commissioners' terms shall not exceed.four years,. and commissioners that have served 17 continuously for six years shall not be reappointed until at least one year has elapsed after the 18 expiration of the sixth year of service: and. 19 20 WHEREAS, the City Council of'the City of Petaluma, on March 30, 2009 directed staff to 21 combine the duties.of the Planning Commission and Site Plan and Architectural Review 99 Committee into a single, reconstituted Planning Commission in order to streamline, expedite and 23 enhance the processing and consideration of development applications in the City of 24 Petaluma; and, 25 26 FINDINGS 27 28 WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments 29 contained in this ordinance to the City's Implementing Zoning Ordinance, Ordinance no. 2300 30 N.C.S. are in general conformity with the Petaluma. General Plan and any applicable plans, and 31 that the public necessity, convenience and general welfare require or clearly permit the 32 adoption of the proposed amendments. 33 34' NOW THEREFORE, be it ordained by the Council of the City of Petaluma as follows: 35 36 Section I. The provisions specified below of the Petaluma Implementing Zoning Ordinance, 37 Ordinance No. 2300 N.C.S. adopted June 2, 2008 and effective July 2. 2008 are hereby 38 amended in accordance with the following: 39_ 40 Section 7.090 - Telecommunications Facilities - paragraph (C)(4) - is amended to read 41 as follows: 42 43 Major Facility. A major facility requires approvokof a major conditional use permit as 44 prescribed in Section 24.030 and Planning. Commission approval as prescribed in Section 45 24.101. Ordinance No. N.C.S. sS 1 2 Section 11.065 Power of the Zoning Administrator (Director) to Modify Requirements - 3 paragraph (A) - is amended to read as follows: 4 5 Compact spaces may be proposed as set forth within the adopted City standords, 6 subject to review and approval of the Planning Commission. 7 8 Section 11.070 - Standards for'Off-Street Automobile Parking Facilities paragraph (1) - is 9 amended to read as follows: 10 11 Parking Stall. Size.. Parking stall size shall be determined by the Planning Commission in the 12 Site Plan and Architectural Review Procedures and Guidelines. 13 14 Section 15.020 - Powers and Duties of the Planning, Commission and Historic and Cultural 15 Preservation Committee - paragraph (B)(4) - is amended to read as follows: 16 17 The Historic and Cultural Preservation Committee shall consist of the membership of the 18 Planning Commission and two additional members, one representing the Petaluma 19 Historical Museum and one representing Heritage Homes of Petaluma. 20 21 Section 16.060 - Single Lot Development - paragraph (C) - is amended io read as 22 follows: 23 24 Site Plan and Architectural Review. Planning Commission approval is required for.new 25 development in the South Hills and West Hills. 26 27 Section 16.060 Single Lot Development - paragraph (E) - is amended to read as follows: 28 29 Exception to Required Setback. An exception to the setback required by the underlying 30 zoning district may be provided for as follows: 31 32 1. Primary Structure. A primary structure may encroach into a required setback for a 33 distance of not more than one-half of the required.setback, subject to approval by the 34 Planning Commission, if it con'be found that the decrease minimizes the impact of 35 hillside development and grading and is consistent with the guidelines contained in this 36 chapter. If such a. reduction is granted, a compensating increase in setback is required 37 in the opposing setback. For example, a five-foot (5') reduction in a front setback would 38 increase the rear setback by five feet (5'). 39 40 2. Required Covered! Parking. Required covered parking may encroach into a,require.d 41 front and/or'side yard setback if the decrease minimizes the impact of hillside 42 development and grading and is consistent with the guidelines contained in this chapter. 43 44 Ffndings:.Required: When the Planning Commission approves a reduction in the required 45 setback, findings to support the granting of the exception shall be provided. 46 47 :Section_ 16.060 -Single Lot Development - paragraph (F) - is amended to read as follows: 48 49 Additional Setback Required:. In order to protect significant natural resources or to 50 reduce visual. prominence of a proposed development, the Planning Commission may 51 require, building setbackjs) that exceed(s) the required setback of the underlying zoning 52 district. 53 Ordinance No. N.C.S. C; \'9 1 3 4 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 5I 52 53 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 Developmerit - paragraph (tt) 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. i . 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(1) 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. 1. 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. 2. 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, oil designed to break up massive forms. 3. Design buildings to minimize bulk, mass and -volume. 4. 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, a. Keep building forms simple '(see Figures 16. f 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 con,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.: N.C.S. 5-I I i. Step back the second story so the difference in wall planes is visible from a 2 distance. 3 j. Vary elevations, such as stepping back second stories, to conform with 4 topography. 5 k. Avoid overhanging decks, large staircases, and patios formed by 6 retaining walls that make buildings appear more massive (see Figure 16.3). 7 I. Avoid use of solid wall railings that add to the mass of the design. 8 M. Create light and shadow by providing modest overhangs, projections, 9 alcoves and plan offsets. 10 n. Use•a.combination of siding materials and articulate walls to reduce 11 exponsive, continuous planes. 12 a- Use vaulted ceilings rather than high walls and ceilings to attics above to 13 achieve a feeling of volume. 14 5. Colors and Materials. The following methods may be used to reduce the visibility 15 of hillside development: 16 a. Use subdued and unobtrusive exterior finish materials and colors for all 17 . structures. 18 b. Minimize the use of reflective material. 19 C. Earth tones and colors that occur naturally in the Petaluma hills are 20 encouraged. 21 d. Structures should not coil undue attention to themselves when viewed ?? from a public vantage point. 23 6. Roots. 24 a. Break roof forms and rooflines into smaller building components to reflect 25 , the irregular forms of surrounding notural features (see Figures 16.12 and 26 16.2) . - 27 b. Generally orient the slope of the main roof in the some direction as the 28 natural.slope of the terrain (see Figures 16.1 and 16.2). 29 C. Avoid large gable ends on downhill elevations. 30 d. Reflective roofing materials are discouraged. 31 32 Section 16.060 -Single Lot Development - paragraph (J) is amended to read as follows: 33 - . 34 Process. As prescribed by Section 24.010 (Site Plan and Architectural Review). 35 36 Section 17.060 - Tree Removal - paragraph (8)(3) is amended to read as follows: 37 38 Development Projects - If a project applicant chooses to remove trees from a 39 development site the, project applicant will be required to replace the tree or'trees. Refer 40 to the "Tree Technical. Manual' for approved forms of the tree replacement. On projects 41 where Planning Commission/City Council approval is not required, replacement will be. 42 at. the direction of the Community Development'Direcior. For development projects that 43 require Planning Commission/City Council approval, protected trees authorizeddor 44 removal will be addressed as part of the development conditions of approval. The 45 approving body shall be the deciding factor on appropriate replacement and the 46 project will be conditioned accordingly. 47 48 Section 18.020 - Applicability is amended to read as follows: 49 50 The provisions of this ordinance shall apply to any project that receives any required 51 entitlement approvals (tentative map, rezoning or prezoning, General Plan amendment 52 and related environmental determination) from the Planning Commission and City 53 Council after the effective date of this ordinance. If a.building permit is only required 54 and none of the circumstances listed in this Section apply to the application, then the Ordinance No. N.C.S. GO. I building permi► must be:issued for the project,prior to the effective date of this 2 ordinance: However, when a development agreement or some other agreement 3 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 5 ordinance. 6 7 Section 18.090- Compliance - paragraph (4)(3) is amended to read as follows: 8 9 The art work shall be related in terms of scole,;materiol, form and content to immediate 10 and adjacent buildings and architecture, landscaping or other setting so as to 11 complement the site and its; surroundings and shall be consistent with any corresponding 12 action of the Planning Commission or City. Council as it may relate to any development 13 entitlements; 14 15 Section 19.040- P.U.D. District Procedures - paragraph (E)(4) is amended to read as 16 -follows: 17 18• Minor Modification; to Approved Unit Development Plan. As determined by the Director, 19 modification which is minor in nature and clearly inconsequential may be made 20 administratively or, in the judgment of the Director, may be referred to the Planning 21 Commission for review and approval. Minor.modification includes modification to unit ?1) architecture and site design so. long as. no significant alteration to road alignment is 23 made, and no increase in unit yield results; Up to 20% of the individual.dwelling units in 24 residential P.U.D.'s.may be substituted for other previously approved units if the resulting 25 substitutions do not substantially alter the intent of the P.U.D. as originally approved. 26 27 Section 24.010 - Site: Plan and Architectural Review= paragraph (B) is amended to read 28 as follows: 29 30 Administrative Site Plan and. Architectural Review: The Director may grant administrative 31 site plan and architectural approval for nonproduction residential units in approved 32 subdivisions of five or more lots, ail residential developments of less than five units, and all 33 minor additions or modifications to industrial; cormercial or office buildings, or may refer, 34 said development proposals to the _Planning, Commis§on..Forpurposes of -this section, the 35 term "nonproduction residential units" shall mean houses not substantially similar to other 36 :houses"within view of one another as determined.by the Director, or houses within a 37 subdivision where'the"same floor plan or exterior design is used less than three times. 38 39 Section 24.010-- Site Plan and Architectural Review -paragraph (F) is amended to read as 40 follows: 41 42 Procedure. On matters to be reviewed by the Planning Commission, or when the Director 43 refers on application to the Planning Commission .with recommendations. "the applicant " 44 shall be so•notified and a hearing date shall be established. On the date•for. said hearing, 45 the Planning Commission shall consider the Director's report and any additional staff 46 comment and,.shall permit the applicant or any other affected person.to present any 47 evidence which the Planning Commission deems tote relevant to said applicant.. The 48 Planning Commission shall approve, disapprove, or approve with modifications projects 49 for which the Planning Commission is the entitling body, or recommend approval, 50 disa'pproval;,or approval with modifications or give other appropriate recommendation 51 to Ithe City Council, concerning projects for which the Planning Commission is an advisory 52 body. 53 Ordinance No. N.C.S. 5q 1 Section.24.616- Site Plan and Architectural Review -paragraph(G)(2) is amended to 2 read_ as follows: 3 4 Landscaping to,approved City standards shall be required on the site and shall be in 5 keeping with the. character or design of the site: Existing frees, shall be preserved 6 wherever possible, and shall not be removed unless approved by the Planning 7 Commission, 8 9 Section 24.030-Condifional Use Permits - paragraph A is amended to read as follows: 10 11 Purpose. The purpose of the conditional use, permit is to ensure the proper integration of 12 uses which, because of-theirsIpecial nature, may be suitable only in certoin locations 13 and only provided such uses are arranged or operated in a particular manner. In 14 addition to .the review described herein, any proposed conditional use shall be subject 15 to site standards.set forth in Section 24.010 (Site. Plan and.Architectural Review). 16 Additional,apprication shall be required and additional fee shall be charged for site plan 17 and architectural review. 18 19 Section 24.030- Conditional Use Permits -paragraph B is amended to read as follows: 20 21 Application. Application,for, a conditional use permit shall be made by the property 22. owner or certified agent thereof'to the Planning Commission on.a form prescribed for this 23 purpose by the City of Petaluma and shall'be accompanied by such additional 24 documents orsupportirig maferial as may be required for review of the proposed use, 25 - including where appropriate, the plans, drawings,, and information to permit a site plan 26 and architectural Irev iew in accordance with the procedure in Section 24.010J) 27 (Investigation and Report). 2g . 29 Section„ 24.0MB(,l.) Appeals is amended to read as follows: 30 31 Appeal,Subjects and Jurisdiction. 32 33 1. A decision on an administrative site plan and archifec-tural-review application or 34 historic and cultural preservation application may be appealed to the Planning 35 Commission. 36 37 Section 24:070--Appeals - paragraph (13)(5), is amended to read as follows, and 38 paragr6ph.(111)(6) is deleted. 39 40 5. A decision by the Planning Commission may be appealed to City Council. 41. 42 43 Section 2. If any section, subsection, sentence, clause, phrase or word of this ordinance is for 44 any'reason held to'be unconstitutional, unlawful.or'otherwise invalid by a court of competent 45, jurisdiction or -preempted by state legislation, such decision or legislation shall not affect the 46 validity of`the remaining;porfions of this ordinance. The City Council of the City of Petaluma 47 hereby declares 'that it would have passed and adopted this ordinance and each and all 48 provisions thereof,irrespective of the fact that any one or mote of said provisions be declared 49 unconstitutional, unlawful or otherwise invalid. 50 51 Section 3. The. City Council finds that adoption of this, ordinance is exempt from the California 52 Environmental' Quality Act (".CMA" ), pursuant to Sections,15061'(b),(3) (no:possibility that the 53 activity may have a significant impact on the environment) and 15060(c)(3) (the activity is not a Ordinance No. N.C.S. l90 1 project as defined in' Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California 2 Code of Regulations). 3 4 Section 4. This ordinance shall become effective thirty (30) days after the dote of its_odoption by 5 the Petaluma City Council. 6 7 Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the 8 period and in the manner provided by the City Charter and any other applicable law. 9 i 10 INTRODUCED and ordered posted/published this day of 2009. 11 12 ADOPTED this day of 2009 by the following vote: ' 13 14 AYES: 15 NOES: 16 ABSENT: 17 ABSTAIN: 18 19 20 _ I. 21. 23 24 25 26 27 28. 29 30 31 32 j 33 I 34 35 36 37 3& 39 40 41 42 43 44 45 46 47 48 49 50 Attachment D EFFECTIVE DATE ORDINANCE NO. N.C.S. OF ORDINANCE 1 Introduced by Seconded by 2 3 4 5 6 7 8 9 ORDINANCE OF THE .CITY OF PETALUMA AMENDING SPECIFIED SECTIONS OF THE 10 SMARTCODE®, ORDINANCE 2152 N.C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING 11 COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, 12 RECONSTITUTED PLANNING COMMISSION 13 14 WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Council to 15 establish such commissions as shall be necessary for the effective accomplishment of municipal 16 business; provided that a member of the City Council shall be a member of each commissio_ n, 17 commissioners' terms shall not exceed, four years, and commissioners that have served 18 continuously for six years shall not be reappointed until at least one year has elapsed after the 19 expiration of the sixth year of service; and, 20 21 WHEREAS, the City Council of..the City of Petaluma, on March X 2009 directed staff to 22 combine the duties of the Planning Commission and Site Plan and Architectural Review 23 Committee into a single, reconstituted Planning Commission in order to streamline, expedite and 24 enhance the processing and consideration of development applications in the City of 25 Petaluma; and, 26 27 FINDINGS 28 29 WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments 30 contained in this ordinance to the City's SmartCode©, Ordinance no. 2152 N.C.S. are in general 31 conformity with the Petaluma General Plan and any applicable plans, and that the public 32 necessity, convenience and general welfare require or clearly permit the odoptionof the 33 proposed amendments. 34 35 NOW THEREFORE, be it ordained by the Council of the City of Petaluma as follows: 36 37 Section 1 _The SmartCode©, Ordinance No. 2152 N.C.S., is hereby amended as follows: 38 39 Section 1.10.010 - Applicability of Code Standards - paragraph (H) is amended to read 40 as follows: 41 42 Design Review. All buildings and associated site improvements within this Specific Plan 43 are subject to design review by the Planning Commission. Refer lathe Architectural Ordinance No. N.C.S. �2 1 Guidelines (Appendix "B" of the Specific Plan) for example illustrations and information 2 on architectural character in the Specific Plan area. 3 4 Section 4.20.010 - Building Height Exception in T6 Zone -is amended to read as follows: 5 6 The maximum building height in the T6 zone shall be 4 stories, unless the Planning 7 Commission is able to make the following findings to allow up to two more stories (a total 8 maximum of 6 stories): 9 A_ That the additional height makes a positive contribution to the overall character 10 of the area and will be compatible with. its surroundings. 11 B. That the additional height will not result in unreasonable restrictions of light and air 12 to adjacent properties or the public right-of-way, or otherwise be detrimental to 13 the public health, safety and welfare. 14 C. That the additional height will support other policies and standards of the Specific 15 Plan and will result in a better overall project. 16 17 The first paragraph of Section 6.10.050 - Parking Design and Development Standards - is 18 amended to read as follows: 19 20 Required parking areas shall be designed and constructed as follows, and in compliance 21 with the guidelines of the Planning Commission. The standards of this Section may be 2 modified by the Planning Commission where it determines that alternative parking 23 designs and standards will more appropriately relate to the operating characteristics of 24 the proposed development or new land use, while being equally effective in providing 25 parking areas that are safe, convenient, use land efficiently, and are aesthetically 26 attractive. 27 28 Section 9 - Glossary (Historic and Cultural Preservation Committee) -is amended to read 29 as follows: 30 31 Historical and Cultural Preservation Committee. The Historical and Cultural Preservation 32 Committee established by, and with powers and duties assigned by the Implementing 33 Zoning Ordinance Chapter 15 (Preservation of the Cultural and Historic Environment). The 34 Historical and Cultural Preservation Committee. consists of the membership of the 35 Planning Commission, plus one member representing the Petaluma Historical Museum, 36 and one member representing Heritage Homes of Petaluma. 37 38 Section 2. If any section, subsection, sentence, clause, phrase or word of this ordinance is for 39 any reason held to be unconstitutional, unlawful or otherwise invalid, by a court of competent 40 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the 41 validity of fh'e remaining portions of this ordinance. The City Council of the City of Petaluma 42 hereby declares that it would have passed and adopted this ordinance and each and all, 43 provisions thereof irrespective of the fact that any one or more of said provisions be declared 44 unconstitutional, unlawful or otherwise invalid. 45 46 Section43: The City Council finds that adoption of this ordinance is exempt from the California 47 Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the 48 activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a 49 project as defined in:Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California 50 Code of Regulations). 51 Ordinance No. N.C.S. �3 I Section 4. ,This ordinance shall become effective thirty (30) days after the date of its adoption by 2 the Petaluma City Council. 3 4 Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the 5 period and in the manner provided by the City Charter and any other applicable law. 6 7 INTRODUCED and ordered posted/published this day of .2009. 8 9 ADOPTED this day of 2009 by the following vote: 10 11 AYES: 12 NOES: 13 ABSENT: 14 ABSTAIN: 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Ordinance No. ' N.C.S. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 9? 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 EFFECTIVE DATE OF ORDINANCE Introduced by ORDINANCE NO. N.C.S. Seconded by 21 Aaaclunent E. ORDINANCE OF THE CITY.COUNCILOF THE CITY OF PETALUM'A AMENDING CHAPTER 25 ENTITLED. "AMENDMENTS" OF.THEl IMPLEMENTING ZONING ORDINANCE, ORDINANCE'NO. 2300 N.C.S., TO CLARIFY THE REVIEW OF PRO POSEQ ZONING AMENDMENTS BY THE PLANNING COMMISSION WHEREAS, Article VIII, Section 55.of the Petaluma Charter authorizes the City Council to establish such commissions as shall be necessary forth6 effective accomplishment of municipal business, provided that a member of the City Council.shaA'be a member of each commission, commissioners' terms shall not exceedfour yedrs; and'',commissioners that have served continuouslyfor 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 the City of Petaluma; and, WHEREAS, on June 15, 2009, the City Council of the City of Petaluma introduced; Ordinance No. 2337 amending.Chapter 2.08 and ,repeal ing Chapter 2.50 of the Petaluma Municipal Code tq abolish the Site Plan and Architectural Review Committee and add site plan and architectural review responsibilities to the duties of a reconstituted Planning Commission; and Ordinance No. 2338 amending, specified provisions oUthe Implementing Zoning Ordinance and Ordinance No. 2339 amending specified provisions of the SmartCode© to implement the consolidation of Planning Commission and site plan and architectural. review duties in a newly reconstituted. Planning Commission; 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., cire�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. Ordinance No. N.C.S. I NO.w, THEREFORE, BE IT ORDAINED•BY THE COUNCIL OF THE "CITY OF PETALUMA AS 2 FOLLOWS: 3 4 Section 1. Section 25.010, "Amendment" of the Implementing Zoning Ordinance, 5 Ordinance no. 2300 N.C.S., is hereby amended to read as follows: 6 7 This Ordinance may amended by changing the boundaries of any district or by 8 changing -any other provision thereof°whenever the, public necessity and convenience and 9 general welfare require such amendment. No amendment to provisions of this ordinance that 10 regulate.matters listed in`Governmeni'Code section 65850', as from time to time amended; shall 11 be made,unless the Planning Commission and the City Council "Find the amendment to be in 12 conformity with the General Plan.' The City Council, in itssol'e discretion, may'direct that 13 amendments to provisions of this Ordinance that regulate. matters other than those listed in 14 Government Code section 65850, as frornJime to time amended, be submitted to the Planning 15 Commission for a finding of conformity with'the General Plan. 16 17 Section 2. Sectiom25.040, " Invesfigation and. Report" of the Implementing Zoning 18 Ordinance, Ordinance No. 2300 N.C.S., is hereby amended to read as follows: 19 20 The' Zoning Administrator (Director) shall make an investigation of the proposed . 21 amendment and shall prepare a report thereon which shall be submitted to the City body or 22 bodies.with jurisdiction over -the proposed amendment. 23 24 Secti6n,3. The, title and first sentence of Section 25.050, currently entitled "Public 25 Hearings" of the Implementing Zoning Ordinance,;Ordinance;No. 2300 N.C.S., are hereby 26 amended to read as follows: 27 28 25.056- Public Hearings:of the Planning Commission. 29 For proposed amendments. subject to Planning Commission review in accordance with 30 section 25.010, the Planning Commission shall hold a public hearing.in accordance with this 31 section. 32 33 Section 4, A new Section'25.065, entitled "Public Hearings of the City Council' is hereby 34 added -to read as follows: 35 36 25.0615 -.Public Hearings of the City Council 37 The City'Council shall "holdpublic.hearings in accordance,with this section to consider 38 proposed amendments subject to Planning. Commission review'in accordance with section 39 25.010. The City Council may, in its;sole discretion, hold public hearings in accordance with this 40 section on, proposed amendments for which Planning Commission review is not required in 41 accordance -with` section.25.010. 42 43 A. Notice of public healing:" Notice of the time and place of the hearing shall be 44 published in a newspaper of general. circulation in the City of Petaluma, at least ten (1.0) days 45 prior to'sgid:public hearing, or by mailing, postage prepaid,,a,notice'of the time and place of 46 the hearing .to all' persons whose -names appear on the last- adopted tax roll of Sonoma County 47 as owning property, within five hundred (500) feet of the boundaries of the property that is the 48 subject of the hearing. 49 50 B. Action by the, City Council at conclusion of hearing. If, at the conclusion of the 51 hearing, the City Council finds ,the. amendment to be in conformance with the findings specified 52 in section 25.070, the City Council may adopt the amendment. Ordinance No. N.C.S. �Pke 1 2 Section 5: Section 25.080, "Changes by City Council" of the Implementing Zoning 3 Ordinance, Ordinance No. 2300 N.C.S.,_is hereby amended to read as follows: 4 5 If the City Council proposes to alter a proposed zoning amendment recommended by 6 the Planning Commission, or to alter or adopt an amendment which has been denied by the 7 Planning Commission, or to alter a proposed zoning amendment for which Planning Commission 8 review is not required in accordance with section 25.0.10, the City. Council, in its sole discretion, 9 may either: refer the proposed altered amendment back to the Planning Commission for report 10 and recommencidtion before adoption, or adopt the proposed altered amendment. Failure of 11 the Planning Commission io report to the City Council within thirty (30) days of the City Council's 12 referral shall be deemed approval by the Planning Commission of the proposed amendment. 13 14 Section 6. The City Council finds 'thot adoption of this ordinance is exempt from the 15 California Environmental Quality Act ("CEQA" ), pursuant to Sections 15061(b)(3) (no possibility 16 that the activity may have a significant impact on the environment) and 15060(c)(3) (the 17 activity is not a,project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 18 of the California Code of Regulations). 19 20 Section 7. If any section, subsection, sentence, clause, phrase or word of this ordinance 21 is for any reason held to 'be unconstitutional, unlawful 'or otherwise invalid by a court of 22 competent jurisdiction or preempted by state legislation, such decision or legislation shall not 23 affect the validity of the remaining portions of this ordinance. The City Council of the City of 24 Petaluma hereby declaresthat it would have passed and adopted this ordinance and each 25 and all provisions thereof irrespective of the, fact that any one or more of said provisions be 26 declared unconstitutional, unlawful or otherwise invalid. 27 28 Section 8. This ordinance shall become effective thirty 130) days after the date of its 29 adoption by the Petaluma City Council. 30 31 Section 9. The City Clerk is hereby directed to publish or post this ordinance or a synopsis 32 for the period and in the manner provided by the City Charter and any other applicable law. 33 34 INTRODUCED and ordered posted/published this day of 2009. 35 ADOPTED this day of 2009 by the following vote: 36 37 AYES: 38 NOES: 39 ABSENT: 40 ABSTAIN: 41 42 43 44 45 46 Pamela Torliatt, Mayor Ordinance No. N.C.S. ko-A 1 2 3 ATTEST: 4 5 6 7 Claire Cooper, City Clerk 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 APPROVED AS TO FORM: Eric Danly, City Attorney Ordinance No. N.C.S. l0'5 Resolution No. 2009-137 N.C.S. of the City of Petaluma, California REFERRING TO THEPLANNINGCOMMISSION: PROPOSED ORDINANCE AMENDING SPECIFIC SECTIONS OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., TO IMPLEMENT CONSOLIDATION . OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTEDD PLANNING COMMISSION; PROPOSED ORDINANCE AMENDING SPECIFIED SECTIONS OF THE SMARTCODE©, ORDINANCE NO.2152 N.C.S., TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION; AND ORDINANCE AMENDING CHAPTER 25 ENTITLED "AMENDMENTS" OF THE' IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S., TO CLARIFY THE' REVIEW OF PROPOSED ZONING ORDINANCE AMENDMENTS BY THE 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 the City of Petaluma; and, WHEREAS, Section'25.010 of the Petaluma Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S, provides in pertinent part. that no amendment shall be made to the Implementing Zoning Ordinance unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan. NOW,, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that the following proposed ordinances to amend the Implementing Zoning Code, Ordinance no. 2300 N.C.S. and the SmartCode©, Ordinance no. 2152 N.C.S., are hereby referred to the Petaluma Planning Commission for consideration and finding in accordance with Section 25.010 of the Implementing Zoning Code: A. Proposed Ordinance of the City Council of the City of Petaluma Amending Specified Sections of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. to Implement Consolidation of Planning Commission and Architectural Review Responsibilities in a Single, Reconstituted Planning Commission. B. Proposed Ordinance of the City Council of the City of Petaluma Amending Specified Sections of the SmartCodem, Ordinance No. 2152 N.C.S. to Implement Resolution No, 2009-137 N.C.S. Page I �011111 i I I I Consolidation. of Planning Commission and Architectural Review Responsibilities I in a Single; Reconstituted Planning Commission. i i C. Proposed Ordinance of the City Council of the City of Petaluma. Amending Chapter 25 Entitled "Amendments" of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. to Clarify the Review of Proposed Zoning Amendments by the Planning Commission. i i i I i i Under•the powei and authority conferred upon this Council by the -Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the arov d as to Council of the,City of Petaluma at a Special meeting on the l l`hday of August, f r 2009, by the following vote: Cj4-KEWrney AYES: Vice Mayor Barrett, Glass, Harris, Rabbitt, Rende, Mayor Torh tt. NOES: None -, ABSENT:. Healy ? ABSTAIN: None / ATTEST: City Clerk V Mayod zz Resolution No. 2009-137 N.C.S. Page 2 �O