Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Bill 6BPart2 09/14/2009
EFFECTIVE DATE OF ORDINANCE 1 2 3 4 5 6 .7 8 9 ;10 ~11 12 T3 14 15 16 ~ .17 ~ ~18 ,19 X20 21 22 24 l~ I 25 26 27 28 29 30 31 32 33' 34 35 36 37 38 39 40 41 42 43 -, i. - Introduced by ORDINANCE NO. N.C.S. Seconded by ORDINANCE OF THE: CITY OF PETALUMA AAAENDING SPECIFIED SECTIONS OF THE .. SRAARTCODE®, ORDINANCE 2152 N.C.S.. TO IMPLEMENT COPISOLIDATION OF PLANNING COMMISSION AND,ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION WHEREAS, Article VIII, Section 55 of the. Petaluma Charter authorizes the City Council io establish such commissions asshall be necessary for tiie effective accomplishment of municipal business, provided that, a member of the City Council shrill be a:member of each commission, commissioners' terms shall not exceed four yeas, and commissioners that have served continuouslytor'sixgears shall not be reappointed until at ledsf one year hds elapsed after the expiration of the sixth year of service;. and, , WHEREAS,ahe City'Covncil 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, FINDINGS WHEREAS; the City Council of the'City of Petaluma herebyfinds that the amendments contained in this ordinance to the City's SmarfCode®, Ordinance no. 2157 N.C.S. are in general conformity with° the Petaluma; Genera! Plan and any applicable plans,, and that the public necessity'; :convenience and general welfare require or clearly permit the adoption oI the proposed a~nendrnents. .NOW THEREFORE,!be it orddined by the Council of the City of Petaluma as, follows: Section T _iFie SmartCode®; Ordindnee~No. 2152 N.C.S.,~is hereby amended as follows: Section 1.1D010 -Applicability of Code Standards - paragraph (H) Is amended to read as follows: Designs Review. All;. buildings and associated site improvements within this Specific Plan are subjectto design review by the Planning„Commission: Referto the Architectural Ordinance No. N.C.S. EXHIBIT B Page 1 of 3 . 3$ 1 Guidelines (Appendix "6" of the Specific Blau) 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 fo make the following findings to allow up to two more stories is total 8 -maximum of b stories).: 9 A. That the: additional height-makes a positive contribution to the overalf character T0.. of the area and will`be compatible with' its surroundings. 11 B. That the additional fieight wil- not result ih unreasondble 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 wilt result in:a better overall project. 16 17 The first'pardgr6ph of'Secton 6:10:050 -Parking Design and Development Standards - is 18 dmended to~read as follows: 19 20 'Required parking areasahal) be designed acid constructed. as follows, and in compliance. 21 with the:guidelines of the Planning Commission. The standards of this Section may be 22 modified by the Plannirg 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 GommiMee).- is amended to rend 29 as foNows: 30 31 Historical and Cultural Preservation Committee. The Historical and Cultural Preservation 32 Committee establ'~shed by, and with powers and duties assigned by the .Implementing 33 Zoning Ordinance Chapter I5 [Preservation of the Culfurdland'Histpric Environment). The 34 Historical and Cultural Preservation Committee consists of the membership of the 35 Planning Commission;. plus one memberrepresenting the..Petaluma Historical Museum, 36 and one member representing Heritage Homes of Petaluma. 37 3& Section 2. tf .dny 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 itwould 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 uneonsfitutional, unlawful or otherwise invalid. 45 46` Section°3; The Gity~Councl finds that adoption of this ordinance is exempt from the California 47 Environmental Quality Act (:"C,EQA"), pursuant to Sections 15061(bj(3) 1no possibility that the 48 activity rnay'have a significant`impoct on the environment) and 15!)60(cj(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 EXHIBIT B Ordinance No. N.C,S. Page 2 of 3 3q . -_ _ . 1 Section.A. This ordinance shall become effective thirfy,(30~ days afterthe date of its adoption by ~ ~ . `.2 the Petaluma City Council. 3. P ! 4 Section 5. The City Clerk is hereby directed to publish or post this ordinance, or a synopsis for fihe 5 period and in the manner provided by the City Charter and any otherapplicable law. 6 7 'INTRODUCED and ordered posted/published this day of , 2x09. ~ g ~ j 9 ADOPTED this day of 2009 by the following vote: ~ ( 10 11 AYES: . 12 NOES: 13 ABSENT: 14 ABSTAIN; 15 26 17 18 19 ~ 20 i 21 ?. 23 24 25 26 27 ,. 28 . 29 ,. 30 . 31 32 . 33 34 . 35 36 37 38 A~tachrrient 2 RESOLUTION OF-THE PLANNING COMNdISSION'OF THE CITY OF PETAI:UMA •- MAKING ;FINDINGS AS TO GENERAL PLAN CONFORMANCE AND CONSISTENCY WITH THE .PUBLIC NECESSITY, CONVEFIENCE AND WELFARE AND RECOMIVIENDING TO THE° CITY COUNCIL ADOPTION .OF PROPOSED _.- ORDINANCE AMENDING CHAPTER 2S 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 C01VI1VIISSION WI-~[EREAS, 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 WI~CEREAS, 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 25.0.10 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'n he ease of amendments initiated by the City Council, denial of an amendment application by ahe Planning Commission shall terminate amendment proceedings, unless such decision is appealed to the City Council; and WgIEREAS,, on August 11, 2009 by Resolution No. 2009-13.7 N.C:S:, the :City Council - <of~the-City of Petaluma referred a:City.Council-initiafed:ordinance which is~attached as Exhibit ,~ A and.made a,part,of`thisresolution ("the Ordinance") for review and recommendation by the Planning Corriinssion in accordance with Chapter 2S of the IZO; and ~~ .~ WHEREAS, on August 27, 2009, notice of a hearing before the Planning Commission to consider the'Qrdinance 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 r y;l whether the Ordinance conforms to the General Plan and is consistent:with the public necessity, ` ~ ~ convenience~and ,general welfare. N.OW: 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 2;:' In accordance with paragraph B of'section 25.050 of the~City ofPetaluma 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 coriformance with the City of Petaluma General Plan because: a. ~ There is no: Gene_ ral 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 Zonng;Ordinance by avoiding duplicative process for consideration of administrafi~e or procedural zoning, ameridments.which do not involve matters relating to the Planning Commission's authorityto approve ancUor 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 awell-maintained,. well-served place to live and do business, furthering General P1anGoal 9-G-1, Policy 9-P- 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.recommendsthat the City Council adopt the-proposed Ordinance set forth in Exhibit A to this' Resolution. 1287373:5 _. , . y2 1 3 4 b 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 21 22 " 23 24 25 26 27 28. 29 . 30 31 32. 33 34 35 36 37 38 39 40 42 43 44 Introduced by ORDINANCE NO. N.C.S. Seconded by ORDINANCE OF-THE CITY:COUNCIL OF THE CITY OF~PETALUMA AMENDING CHAPTER 25 ENTITLED "AMENDAAENTS""QF THE IMPLEMENTING ZONLPdG pRDIPLAIVCE, ORDINANCE NO. 2300 N.C.S., TO~CLARIFY THE REVIEW OF PROPOSED ZONING AAAENDMENTS BY THE PLANNING COMMISSION 'WHEREAS; Article VIII; Section 55 :of the Petaluma Charterauthorizes the City Couhcil to establish such commissions as`shall be necessary for the effective accomplishment of municipal business,;provided that a member pf the City Couhcilshall be a member of each commission, commissioners' terms shall riot exceed four years, and commissioners that have served continuously forsix years shall .not be ceappoirifed until at least one yearhas elapsed after the expiration of the sixth yearotseryice; and, . WHEREAS; the City Council of the City of Petaluma, on March 30, 2009 directed staff to combine the duf'ies of: the Planni^g Commission and Site Plan and,Architeetural Review Committee. into a single, reconstituted Planning Commission in order to 5treamlihe, expedite and enhance the processing and consideration of development applicaf-onsin the City of Petaluma; and, WHEREAS, on.June 15,,ZOOQ; the City'Council of the City of Petaluma.introduced: Ordinance No. 2337 amending Chapter 2:08 and repeating Chapter 2.50 of the Petaluma Municipal.Code fo abolish the Site Ptan and Architectural Review Committee and add site plan aril architectural review responsibilities to the duties of a:reconsfituted'Rlanning Commission; and Oid'imance No. 2338 amendingspecified provisions of the Implementing,Zoning Ordinance and Ordinance No. 2339 amending specified provisions of the SrnartCode© to implement the consolidation."of Planning Commission and site plan-and architectural review duties in a newly reconstituted Planning Commission; and, FINDINGS WHEttEAS, 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., are in;general°conformityw~ith the Petaluma Generdl Plan and any applicable plans, and thaf•the public necessity, .convenience ahd general welfare require or clearly permit the adoption of'the proposed amendments. ' ~ Ordinance No: ~,C:S, EXHIBIT A' Page 1~ of.4 ~~ y3 !~ 1. NOW, THEREFORE, BE 1T ORDAINED BY-THE COUNCIL OP THE CITY OF'PETALUMA AS ~ ,', , 2 EOLC0IN§: { ., 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 be amended by changing the boundaries of any district or by ~ , 8 changing any otherprovisibn thereof whenever ttie public necessity and convenience and -~ 9~ .general welfare require such amendment. No amendment. to provisions of this ordinance that 10 regulate"mafters listed in Government Code section 65850, as from time to time-amended, shall ' 11 be made unless the Planning Commission and the City Cauncilfind the amendment to be in ~ 1'2 conformity"with the General Plan. The City Council, in its sole 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 from tune to time amended, be submiffed to the Planning 15 Commission for a finding of conformity with the General Plan. 16 17 Section 2: Section 23:040, "Investigatiorrand 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 arrinv~estigation 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. .. 24 9 ection3. Tpe title an9 firsts 9 fence of Section 25.050, currently entitled "Public I ~ 25 Hearin 5'' of the im iementin Zonin Ordinance, Ordinance No. 2300 N.C.S., are hereby ~" 26 amended to read as follows. ` ~ 27 ~`$ 25.050 -Public Hearings ofahe Planning Commission ~. L9 ; For proposed amendments subject to°Planning Commi;sion.review in accordance with ~ '~ 30 section 25.010, the Planning, Commission shall hold a public hearing in accordance-with this ~, j ;: 31 section. I '; 32 33 Section 4. A new Section 25:065, entitled "Public Hearings of the City Council" is hereby 34 added fio read as follows: 35 ', ~ 36 25.Ob5 -Public Hearings.ofthe City Council " I 37 The City Council-shall hold public 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 an proposed amendments for which Planning Commission;review is not required in, ,. 41. accordance-with section 23:Ot0. 42' ~' ~ 43: A. Notice; of public hearing. Notice of fhe.time qnd place of the hearing Shall be, ~ 44 published'in d newspaper of general circulation in the City of Petaluma, at,least ten (10) days ' 45 .prior to said public hearing, or by mailing, postage prepaid, a notice of the time and place of 46 tfie hearing;to qll 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 of 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:cs. EXHIBIT A Page 2 of.4 _.. _. _ . _- _ ... 44 1 ~~ •2 '3 4 5 6 8 1 9 1U. 11 22 13 14 15 16 17 18 19 '20 21 22 23 . 24 25 2ti I ~27 i _a 30 31 32 33 34 35 36 37 38 39' . 40 41 42 43 44 45 46 Section 5. Seetion: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 Flarining Commission, or to alter or adopt an amendmentwhich has been denied by the, Planning Commission, onto alter a proposed zoning amendment for which Planning Commission review is not required' in accordance withsection 25:010, the City Council, in its sole discretion, may either: ;refer the proposed altered amendment back fo 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 fhat .the acfivity'may"have a significant impact on the environment) and 15050(c)(3) (the detivity is not a project as defined in Section 1'5378) 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 invdlid 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 unconstifutiondl; 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 fhe 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: Pamela Torliatt, Mayor Ordinance No. N.cs. ~ EXHIBIT A Page 3 of 4. yS CITY OF I'ETA' LUMA, CALIFORNIA AGENDA ~L August 11, 2009 AQenda.Title: Discussion and Possible Adoption of Resolution Referring to Meeting Date: August 11, 2009 the PlaiuungCon~mission: Proposed Ordinance Amending Specific Sections of the Implenienting:Zoning Ordinance; Ordinance No. 2300 Meeting Time: 7c00 PM N.C.S:, to Implement Consolidation of Plannng.Conunissioti and Arcliitectural Review Responsil?ilifies 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 Conuriission and.Architectural Review Responsibilitiis in a Single, .Reconstituted Planning: Conunission; acid 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 COmrril$S1t1I1. Cate~Ory: ^ Presentation ^,Apjfointments ^ Consent ^ Public Hearing ^ Unfinished Business ~ New.Business ' Department: Director" Contact Person: Ffione Number: City Attorney Eric Danly Erie Danly (707)778-4362 Total Gost of Proposal..or Rroiecf: N/A Name of Fund:. N/A Amount BudEeted: N/A ~ Account Number: N/A Current Fund Balance: N/A Iteco~mmendafon: It is recommended that. he City Council take the folto~~ing action: Adopt 'Resolution {Attachment B) referring.the .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 witlrthat section: L ^ Firsf reading of Ordinance approved unanimously, or with unanimous vote;to allo)vposting prior'fo second reading ? ^.Firsrreadmg of Ordinance approved without unanimous vote: Ordinance Itas been published/posted prior to second reading; see Attachment . 3.,® Othersaction requiring special notice: Published notice io occur August20, 2004 for a September 8 Planning Commission hearing see~Attachment A; 1 s ~G Summary Statement: The purpose of this item. is to permit the City Couiicil to refer to the Planning Commission for coi~sideratian . three proposed,ordinanees 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 Gity. CoianciLdirected staff to combine the duties ofthe Planning Commission and the Site Plan and Architectura[ ; Review,Coinmittee ("SPARC") into a single Planning Co-nsnission. Per that. request, staffprepared a series of ordinances that would abolish SPARC; expand the duties of the Planning Commission to include site. plan and ..architectural review, require the: appointmentof,al] new members to the •reconstituted.Plonning Commission; and amend. the Irr-plementing Zoning. Ordinance and xhe SmartCode provisions to implement that consolidation. Three ordinances were.presented to the City Council on .lime 15, 2009 intended to:mplement the abolishment of SPARC and reconstitution. of'the Planning Commission. At.that meeting; the City Council introduced a!1 three ordinances. Tlie 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 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. The. challenge is based on two arguments: 1,) 'removal of any Planning, Commissioner requ'it'es five, votes under .Section 2.OS.OI.U af'the Petaluma Municipal Cede; and 2) under sections ?5.0:10 and 25:040 of the Implementing Zoning Ordinance all amendments to the Impleiiienting Zoning Ordinance must be"presented to he Planning Commissionprior to adoption. This item would permit the.City Council: to. referto he 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 to include.site plan:and arcEiitectural review duties; and clarify the review of zoning amendments by the Planning Commission. ~ Attaclt ments fo.Agenda Packet'Item: A: ;Draft Zoning=Amendment Hearing Notice B.Resolution Preferring Ordinances Amending.the linplementing Zoning Ordinance and the SmartCodeO to t1ePlannng Commission ,: ,, _ , C. Proposed'Ordinance of the City Council of the City of Petaluma Amending Specified Sections of the .:Implemenfing,Zaning Ordinance; Qrdinance No. 2300 N.C.S'. ,to Implement Consolidation of`Planning Commission and Elrchitectural Review:.Responsibilities in a Si»gle, Reconstituted Planning"Commission. D. Proposed Ordinance oftte City Council of the City of Petaluma Amending Specified.5ections of the SmartCode~, Ordinance No 2152 N.C:S. to Implement Consolidation. of Planning Commission and Architectural Review Responsibilities in a. Single;.Reeonstituted Planning Commission. _ E.• Proposed. Ordinance of t11e City Council ofahe City of Petaluma;Amending Chapter 25. Entitled.. '`.Amendments" of the Implementing Zoning Ordinance, Ordinance IVo. 2300`N:C.S. to Clarify;tiie :Review of Proposed Zoning Amendments by tl e;Plannng Commission. , Reviewed by.Finance`Director: Reviewe "V . i Attorne : A r. ve` IViana~er: `/ Date=.. I)atc• ~ (~ ~ Date. ~J ~~ ~ .~C~ Rcv. # Dafe Last Revised: Ei[c: ' CITY OF PETALUMA, CALIFORNIA AUGUST 11, 2009 AGEivDA R)Ct'ORT FOR Discussion and Bossible Adoption of Resolution Referring. to the Planning Commission: Proposed Ordinance.Amending Specific Sections of the Implementing ZoningOrdinance, Ordinance No. 230D N.C.S., to llniplement Consolidation of Planning Commission and Architectural Review Responsibilifies in a~Single, Reconstituted'Planning Commission;. Proposed Ordinance Amending Specified Sections of the SmartCode©, Ordinance Nq. 21'52 N.C.S., to Implement Consolidation of Planning Commission. and Architectural Review Responsibilities in a Single, Reconstituted.PIaaning Commission; and' Ordinance Amending Chapter z4 Entitled. "Amendments" of t1ie.Implementing Zoning Ordinance, Ordinance No. 2300 N_C.S., to Clarify theRevietiv of Proposed Zoning Ordinance Amendments by the Planning Commission. I. RECOMMENDATIUN: Adopt resolution (Attachment B) referring ordinances amending the- Implementing Zoning Ordinance and SmarrCode~ to the Planning Commission in accordance with. Sections 25.010 and 25.040 of the Implementing Zo~iing 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 reconstit<ted 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 June 15, ?009 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: ,, .> Af'';the subsequent City Council meeting on July 6, 20D9, 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 2338' N.C.S,) and tiie,: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 revietiv of proposed zoning amendments by the Planning Commssion..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 X340 N.C.S.) was adopted at the City Council meeting on July 20, 2009. - L19 On August x,..2009, three sitting City of Petaluma Planning;Commissioners, John Rittenhouse III, .Kathleen C. Miller and,Spence I=. Burton,,through their legal counsel, filed and'served`on the City a writ petition challenging 'the .City' Council's action to reconstitute the Planning Corrimissiom and appoint new commissioners to the reconstituted body; and seeking .reinstatement and costs and attorneys' fees. Petitioners based. aheir challenge on ttivo arguments: first, that removal of any sitting Planning Commissioner requires five votes under Section 2':OS.Oa:O of the'Petaluma Municipal Code; and second, .that sections 25.010 and 25:040 ~of the lmpleanenting. Zoning'Ordinance require that all amendments to the. Implementing Zoning Ordinance must be presented to the Planning Commission prior to adoption. DISCUSSION: a. Procedural Requirements for Adoption of Zoning Amendments This itemwrould permit the,City Council to.refer to the Planning C~inmlSSlon ordinances that would: amend the Implementing Zoning Ordinance~arid the SmartCode©ao implement the abolishment of SPARC and reevnstitu[ion of the 1'lannirig;Cotnmissionwtth site plan and architectural;review duties; and clarify'the'review of zoning amendments. by the Planning Commission. Petitioners Rittenhouse, et al., :have argued that alt amendments to the Impletnenting Zoning Ordinance must first be; submitted to the Planning Commission in accordance with Sections ?5.010 and 25:040 of the Implementing;Zanirig Ordinance. Section 2S.OI'0 provides in pertinent part that no ariiendments shall 6e'made unless the Planning Commission and. City Council find the amendment to be in coni'ormity with the General Plan. Section 2-5.040 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 $ections 25.010 and 25.040 concerning amendments such as those sought by the Council is unclear. The ordinances amending;the Implementing Zoning Code and SmartCodeOc to implement the abolishment of SPARC and reconstitution of the Planning Commission with site plan 'and architectural review duties affect only tale, make up aril authority of subordinate bodies of the City Council concerning planning and land use matters. Such ordinances do not affect sul}stantive 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'stcuctural and procedural enactments::adopted pursuant;.to the 'C.ity Council's general legislative authority; or what purpose such a finding woul"d_ 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 tfiat Sections 25.010 and 25.04Q 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 tq submit zoning amendments for R[anning. Commissioq consideration by refeiring proposed zoning amendments to the. Planning Commission. before taking action to :re-adopt. them. The proposed zoning amendinerifs attached as Attac}unent E to this Agenda Report'would clarify wliicli 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 requitement in Seetion: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 in 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. 5° The Council's abolishment of SPARC and incorporation. of site plan and architectural review into the Planning Commission's duties inay be treated as effective, because Petitioners have not eliallenged these actions,<staff-are aware,of no basis for challenging then~,•and sections 2 acid 4 of ordinance 237 taking these actions took effect August 6, ?009. If the City Council proceeds with legislative "cures'' ('or procedural :defects alleged by'Petit'oners related to reconstitution of the Planning Commission, staff would recarnmend proceeding in the near term with.. the Planning Commissioners that are sitting as of June 30, ?009 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 C`n„nr5 t'c lev;etat;n„ rarnn ctifi t+inn tha Al.,nn~.,n ('`nmmiccinn 4. FINANCIAL IMPACTS: The direct financial ittipacts are tafftime devoted to legislative analysis and drafting. l?78087.1 S.. ~,,..... CER'fIF1CA-!'ION' OF PU13L[CATION IN = - Petaluma. Argus-Covricr = ; (Published Thursday) ;~ _ SUP>CRIOR COURT .a'. . iii, -_-. OF'1'E-1E *r, ~ STATE OF CALIFORNIA > - In and. for t}ie County of Sonoma ~: ~~ti~l DECtARATI~N ='"` [ am a citizen of the. United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of. die printer and. ,publisher of The ',,Petaluma Argus-Courier, a newspaper of general circulation, published weeiay in the City of Petaluma, in-said .County of Sonoma, State of California; tlfat The Petaluma Argus-Courier is and was at all times. herein mentioned, a newspaper of general circulation as that term is defined by Section, b000 of'the Government Cade; its status as such newspaper of general circulation having been established by Court Decree No. 355.18 of he Superior Court of the State of California, in,and for the' County of Sonoma, Department No. f thereof; and as provided by said Section b000, is published for the dissemination of .local and telejraphic news and intelligence of a general character; having a bona ode subscription. list of paying subscribers, and' is nat devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment acid instruction of such classes, professions, trades,. callings, .races or denominations. that at all said times said newspaper has been established, published in the said City of Petatu>na; .in said County ;and State at regular intervals for :more than one. year preceding, the first publication of this notice herein menfioned; that said notice was set in type not smaller thamnonpareil and was preceded with words prinied in black face type nol smaller than nonpareil, describing. and. expressing in generaC terms, the .purport and charactcT of file notice intended to be given; that the Notice . of Amending . ;Amendments Ordinance 1rZ34U N C.S. sc #%~OCI iy_t;s. of which fhe:annexed is prinied copy, was published and printed ,ip aaid newspaper at .least one consecutive time commencing on°dte :16dt„day of July, 2009 and ending on the 16th day: of Ilily, 2009, to-wit July Ib, 2009. I DECLARE UNDER PL-IJALTY OF PERJURY that the foregoing. i§ true.and correct. DATED this 16th day of July, 2009, at Petaluma, Calif ia. Q Sf ed ~ 1ML-~~ ~ `'~, Donna Taniguc ti, Chief Cleric #2414827 Attaehment A ' SYNOPSIS OF CITY OF PETALOMAjCITY 3000HCIL ORDINANCE tiQ 2340 H;CkS -. ~~+ T.2gp1ENpINGCMAPTER~:25'ENTITLED - ~ ' °~LMENOMENTS"~OF TH E'IMPLEMENTING • ~~~, • .ZOHIHG~ORDINANCE,,ORDINANCE HO. 2300 [N C 5 '7d CLARIFY,;TH~ REVIEW.OFrRROP,OSED . ZONINO~A7NENDMENT5-0Y'T'NE'PI:A6INIliG`•"• I (COMMISSION ': OtdlnapcoNo 234DN:C:S 10a1:esttiolollowfngamendmenls td Iha ~Clty:::ot Pelnluma Imptomeriling ZoNng.Onilrtance,: :Orcllnancealu 2a'ou N.GS ,: • '- ' 'Sectlag01D Is amended lD reed as follows: _ -,~_; ~ouslad ~ ta;:llme . ion'rgr a ~~ta no[tequlred In eeco[dapca ~w seeuon~s,uiu. .A. NoUce~af~publie heaiing"~~Jolfce<ot the tlme:end place ;of the heerijig!shall,6e"ppbl(shetl in a newspaper of gerrerdf _,,, , . , :}J,rulalle -7n=1h MlvFi,~P taWmO:"A~ leesf>fei, I1OI'davs {, rad..~es:ouaws:!" AiWI copyoCthls ordfrtarice Es ailslfeble al ttre Ofilee o<{he `. CltyClerk,~gty FWII,11;Eng1lsh.Stree4 petalui~a; CA 94952:'.,; Claire Coopei ~` Qity Clerk ' July2 2009'' 2414827-PUti.~Juf Y6 2ap9 ,. YtL.~ Attacllzr~ent RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF PETALUIVIA RI';FERRING TO THE PLANNING COMMISSION: PROPOSED: ORDINANCE . A1VIINDING SPECIFIC SECTIONS OF THE IMPLEMENTING ZONING - ORDINANCE, ORDINANCE NO.2300 N.C.S., TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSISILITIES~IN A SINGLE; RECONSTITUTED PLANNING C4NIMISSION; PROPOSED ORDINANCI'J AMENDING SPECIFIED SECTIONS OF THE SMARTCODE©; ORDINANCE N0.2152 N.C.S., TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL. REVIEW IZESPONSIBII:ITIES IN.A SINGLE'; RECONSTITUTED PLANNING COMMISSION; AND ORDINANCE AIVIENpING CHAPTER 25 ENTITL)vD "AMENI?MENTS" OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO.2300 N.C.S., TO CLARIFR' THE'REVIEW.O.I' PROPOSED ZONIN,G,,ORDINANCE AMENDMENTS-SY THE:PLANIVING COMMISSION 'WHEREAS, Article VIII,,Section 55 of the Petaluma Charter authorizes the City Council .to estalilish such commissions as shall be necessary for the~effective accomplishment of. municipal business, provided. that a:member bf theCity Council shall be a member of each commission, commissioners..' terms shall not exceed four.years, and commissioners that,liave served. continuqusly for six years shall not be reappointed'until at least one year lias elapsed after the. expiration of the sixth year of service; and WHEREAS; the City Council ofthe City of Petaluma, on March 30, ?009 directed staff to comliine the.duties of the Planning Commissionand Site Plan and Architectural Review Committee into aauZgle,:re¢anstitufed Planning Commission.in grdertostreamline, expedite and enhance the processuig.and consideration. of developmenfapptcations in the City of Petaluma; aiid WHEREAS, Section ?S:Q 10 of the Fetaluma.hnpleuienting Zoning Ordinance, Ordinance:uo: ?300 N.C.S, provides in pertinent part that no amendment shall be made to'the hnplemenfing;Zoniug Ordinance.unless the Planning'Coirunission and City Council find-the arriendment to be in conformity with the General Plan; 1V.OW THEREFORE, BE IT It;ESOLVED by the, City Council of the City of`Petaluma~ = tlat~tlie following proposed ordinances to amend the Implementing,Zoning Code;'Ordigance•rio: ?30Q N.C':S. and'the `Sn~artCodeC~,-Ordinance ilo. 2]52 N.C~S., are hereby referred to the - Petaluma.:Planning Gomnisson for consideration and Ending in accordance with Section 25.010 of the Implementing Zoning Code: A. Proposed `Ordinance of the City Council of the City of Petaluma Amenduig.Specified Sections of the Implementing. Zoning Ordinance; Ordinance No. 200 N.C.S. to Implement;Coiisolidation of Plan~ung Cotnnussioii and, Architectural Review Responsibilities in a Single, •Reconstituted Platuiu~g commission. 53 B. Proposed .Ordinance of the City Council.. of the City of Petaluma Amendng;Specified Sections ofthe SmartCode`~; OrdinanceNo. 2152 N.C.S. to Implement Consolidation of Planning Commission and Archtechual .Review Responsivilities in a Single, Reconstituted Planning Commission. . C. Proposed Ordinance of the City Coluicil of the City of.Petalu~na Amending Chapter 25 Entitled "Amendments" of the.Implementing,;Zoning Ordinance,. Ordina~tce No. 2300 N.C,S. to Clarify the Review of Proposed Zoning Amendments by flee Planning Conunission. . , Attacllrn ent EFFECTIVE DAT1C. ORDINANCE NO. N'.C.S. OF'`ORllINANCE 1 Introduced by Seconded by 3 4 5 6 7 8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'PETALUMA ANtiENDING SPECFFIED 9 SECTIONS OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE N0..2300 N.C:S: TO 10 IMPLEMENT CONSOLIDATIQN OF PLANNING COMAAISSION AND ARCHITECTURAL REVIEW 1I RESPONSIBILITIES !N A SiNG.LE, RECONSTITUTED PLANNINGCOIUCNIISSION-- --~- 12 13 WHEREAS, Article. VIII, 5ecfion 55 of the. Petaluma Chorterauthorizes the City Council`#o 14 establish such commissions as shalt 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 shalt not exceed:four years,, and commissioners that have served 17 continuously for sixyears 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 Cityof Petaluma, on March 30, 2009 directed staff to 21 combine the duties.of the Planning Commission and'Sife Plan and Architectural Review ?~ Committee .info a single,_reconstituted'Planning Commission in order to streamline, expedite and 23 enhance the processing and consideration of development applications in the Cify of 24 Petaluma; and, ?5 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 fihe Petaluma: General Plan and any applicable plans, and 31 that the public necessity, convenience and generaf welfare require or clearly permit the 32 adoption of the proposed amendments. 33 3'~' NOW THEREFORE, be it ordained by the Council of the Ciiy of Petaluma as follows: 35 . 36 Section l .The provisions specified. below of the Petaluma Implementing Zoning Ordinance, 37 Ordinance No. 2300 NC.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: 4~ 43 Major Facility. A major facility requires approval;af'a major conditionof use permit as 44 prescribed in Sesiion 24.030 and Planning~Commission approval as prescribed in Section 45 24.1 D 1. Ordinance No. N.C.S. S`' 1 3 4 5 6 7 8 9 10 11 12 13 14 25 1b 17 18 19 20 21 77 23 24 ~5 26 27 ?g ~9 30 31 32 33 34 35 3b 37 ~s 39 40 41 42 43. ~4 ~5 ~b 47 48 49 50 51 52 53 Section 1'7,065 Power of the Zoning Administrator (Director) to Modify- Requirements - paragraph (A) - is amended to read as follows: Compact spaces?~may be proposed as set forth within the adopted City standards, subject to review and approval of the Planning Commission. Section l 1.070.- Standards for'Off-Street Automobile Parking Facilities paragraph (I) - is amended to read as follows: Parking StaH.Size.,!'arking statlsize shall be determined by the Planning Commission in the Site Plan and ArcF~itectural Review Procedures and Guidelines. Section ].5.020 - FowerS and Duties of the Planning, Commission .and Historic and Gulturat Preservation Committee-paragraph (B)(4) - is amended to read as follows: The Historic and Cultu>•aI Preservation Commiftee shall'°consist of-the membership of the Planning Commission and fwo additional members, one representing the Petaluma Historical Museum and one representing Heritage Homes of Petaluma. Secfion 16.060 - Single lot Development -paragraph (C) - is amended to read as follows: Site Plan and Architectural Review. Planning Commission approval, is required for new development in the South• Hills and West Hills. Section 16.060 Single lot Development -paragraph (E) - is amended to read as follows: Exception to Required Setback. An exception to-the setback required bq the underlying zoning district may be provided foss follows: 1. Primary Sti-vcfiure. A primary structure may encroach into a required setback fQr a distance of not more than one-half of the required: setback, subject to approval by the Planning. Commission,. if,it can'be found that the decrease minimizes the>impact of hillside devebpment and grading and is consistent with. the guidelines contained in this chapter. If such a. reduction.. is granted, a compensating increase is •setback is required in the opposing setb"ack. For example, o .five-foot {s'j reduction in a front setbockwould increase the rear setback by five feet (5'). 2. Required Covered Parking. Required covered parking may encroach.into a,required front and>or side yard setback if the decrease minimizes the impacfi of hillside development and g~oding and is consistent with the guidelines confia,ined in this•:chapte~:. Findings.Required: When the Planning Comrriission approves a reduction in the required setback, findings to support the granting of the exception shall be provided. .Section 16'.060•-=Single Lot Development -paragraph (F) - is amended to read as follows: Additional"Setback Required. In order to protect significant natural resources or to redu4ce uisual. prominence of a proposed development, the Planning Commission may requre;building setbacks} that exceeds} the required setback of the underlying zoning distriet.~ Ordinance No. N.C:S. ~~ 1 Section 16:060 -Single Lot Development -paragraph (G) - is amended to reod as foflpws: ' 3 4 Exception to Retaining. Wall Height.{Section 13:050). For projects.subject to Section 16.060, 5 a maximum exposed retaining wall height of 5 feet (5'j may be permitted with Planning 6 Commission approval. 7 8 Section 16.060= Single ko} Development -paragraph (N) is amended to read as follows:. 9- 10 Site Design. Thefollowing site design guidelines^shall be taken into consideration and 11 incorporated into the design of a hillside lot.whenever possible. Conformance with these 12 guidelines will be determined by the Planning Commission. 13 14 i . Qevelopment patterns that form visually protruding or steeply cut slopes: for roads 15 or lots should be avoided. 16 2. Building pads,. including spaces leveled for foundations and the grading for 17 driveways and yards; should be as small as:possible. 18 3: Building construction and related site grading should not significantly disturb any - 19 ephemeral or perennial watercourse on the site. 20 4. Buildings should-be Jocated to take advantage of existing vegetation'for 21 screening. 22 23 Section 16.060 -Single .tot Development-paragraph (I) is amended to read as follows: 24 25 Architectural Design. T'he following architectural design guidelines shall be taken into 26 considecdtion and incorporated~into the design of`a hillside I~t whenever possible. 27 Conformance wish these guidelines will be determined by the Planning Commission as 28 part of project review. 29 30 t. Design buildings to conform tofihe natural topography and hillside setting of the 31 site;. to follow the contours of the site; and to blend with the existing terrain in 32 orderto reduce bulk and mass. 33 2. Scale structures to fit the surroundings; and not visually dominate the landscape. 34 'The apparent size of exterior wall surfaces visible from off site may be mjnirnized 35 through the use of single story elements, split level foundations, varying.. setbocks 36 and structure heights, and landscaping, all designed to break up massive farms. 37 3. Design buildings to minimize bulk,.mass and`volume. 38 4. Bulk and Mass.Bulk and mass should be minimized when developing a hillside 39 parcel. The following methods may be used to minimize the bulk and mass of a 40 building, 41 a. Keep building forms simple'(see Figures 16.1' and 16.2} 4'2 b. Avoid architectural styles that`are inherently viewed as massive and bulky. 43 - c. Utilize grading cuts, rather than fills, o create building pads. 44 d. Exc.oviate:or use below-grade rooms to reduce effective bulk. The visual ¢~ area of the building can,be minimized through a combined use~of 46 ~ grading and landscaping techniques. Earth sheltered buildings and 47 ''Giving roofs" are encouraged. 48 e. Exposed understory stem wallsshould,not exceed 5' and should be 49 finished wish visually recessive, Borth-toned materials. 50 f. Step the building foundation and roofs with the natural slope (see Figures SI lb.l and 16.2). 52 _ g. Use horizontal and vertical building components #o reduce bulk. 53 ~ h. ~ Avoid two story wall planes. Ordinance No.: N.C.S. 5~. 1 i. Sfiep 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, fo 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 Fgure i 6.3j. 7 I. Avoid use of solid wall railings that-add fo the mass of the design. S m. Cregte'light qnd shadow by providing modest overhangs, projections, 9 alcoves and plan offsets. 10 n. Use•a combination of siding materials and articulate walls fo reduce 11 expansive, continuous planes. 12 0. Use vaulted ceilings rather than high walls and ceilings to atiics above to 13 achieve a feeling of volume. 14 5. Colors and Materiels. 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 call undue attention to themselves when viewed ?~ from a public vantage point. 23 6. Roofs. 24 a. Break roof #orms and rooflines into smaller building components to reflect 25 , fhe irregularforms of surrounding natural features (see 1=fgures 16.12 and ~6 16:2). 27 b. Generally orient the slope of the main roof in the same direction as the 28 nafu[alslope of the terrain (see Fgures 16.1 and 16.2}. 29 c. Avoid large gable ends on downhill elevations. 30 d. Reflective roofing materials are discou"raged. 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 T7.060 -Tree Removal - ppragraph (B){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 wilf`be required to replace the tree orfrees. Refer 4Q to the "Tree Technical Manual" for approved forms of'the free replacement: On projecis 41 where Planning Commission/Cityy Council approval is not required, replacement will be. 42 at.ahe direction of the Camrnunifiy Deve[opment~Direcior. For development projects!that; 43 °require Planning Commission/City Council dpproval, protected trees authorized-for- ~4 removal will be addressed as part of the development conditions of approval: 'The 45 approving bodyshall be the deciding factor on appropriafie replacement and the 46 project will be conditioned accordingly. 47 4$ Section 18020 -Applicability is amended to read as follows: 49 54 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 deferminatian} from the Planning Commission and City 53 Council offer the effective date of this ordinance. Ii 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. ~~ 1 building permi-'must beissued for the project prior~to tte effective date of this 2 ordinance: However, when•a development agreement orsome other agreement 3 authorized by fhe City Manager is in place that clearly establishes provisions for the =~ payment of in-lieu fees, said project may be exempt from ttie requirements of this 5 ordinance. 6 7 Section 18.090-Compliance -paragraph (B)(3) is amended fo reod as follows: 8 9 The art work shall be related in terms of scale,.;material, form and content to immediate 10 and adjacent buildings and architecture, landscaping or othersetting so as to 11 cornplernent the site and its;surroundings and shall beconsistenf with any corresponding 12 action of the Planning Commission, or City. Council as it rnayrelate to any development 13 entitlements; 14 15 Section 19.040- P'.U.D. District Procedures - paragraph (E)(4) is amended to read as 1b •follows: T7 • I8• • Minor Modification; to Approved Unit Development Plari. 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 reXievw and approval.. Minor:modification includes modification to unit ?~ architecture"and-site design solong as.,no significant alteration to road. alignment is 23 made: and no increase in unit yield results. Up'to 2Q% of the individual dwelling units in 24 residential P.U.D.`"s:may be substituted for other previously approved. units'if fhe resulting 25 substitutions do not substantially allerthe intent of fhe P.U.D. as originally approved. 2b 27 Section 24:010 -Site Ptan and Architectural Review=paragraph (B) is amended fo read 28 as follows: 29 30 Administrative Site. Planand:Archifectural-Review. The Director may grant administrative 31 site plan and architectural approval fornonproduction residential units in approved 32 subdivisions of five or more lots; all residential developments of-less than. five units, and all 33 - minor additions or modfcotions to indusfial;=comrriereial or office buildings's or may refer 34 said , p . P P . _ - 9 ~ p P y . ,the 35 terrndnonproductionore~dential unitsJ~shalf can houses not substantiallf stimilar to other 3b houses"'within view of one Another asdetermined.by the: Director, or houses within a 37 subdivision whey"e'the"same floor plan or exterior design is used less than three times. 38 39 ~ Section 24.010=- Sffe Plan•and Architectural Review-paragraph (F) is amended fo read as` 40 'follows: 41 42' Procedure. On' matters fo be reviewed by the Planning Commission, or when,fhe Director 43~ refers an appGctition to the Pfanriing Commission with~,cecommendations. "the applicgnt~ " 4~, ,' slall'be sa.notifed and a hearing date shall be established. On the date for. said hearing; ~5 the Plannin Commission shall consider the Director's report and an 4ti comment andshall permit the applicant or any other,affected persy additional staff on.fo presentany ~7 evidence which the Planning Commission deems to;be relevant to said applicant..:The ~S Planning Commission shall approve; disapprove; or approve with modifications projects 49 forwhich.lhe Planning Commission is the enjifling body; or recommend approval, 50 disa'pproyai; oc apprgvol with modifications or give piper appropriate recommendation 51 to the City Council, .concerning projects for which the Planning Commission is an advisory 52 bogy: 53 Ordinance No. N.C:S. 5q 1 3 4. 6 7 8 9 10 11 12 13 14 I5 16 17 18' 19 20 21 ~~ ?3 24 25 ~~ ~? ,~$ , 2y 30. 31 32 33 34 35 36 37 38 39 40 41~ 42 '43' 45. 46 47 48 49 50 51 52 53 Section 24:010- Site Plan and Architectural Review -paragraph (G)(2) is amended, to read as°follows: Landscaping togpproved Cify standards shalt be required. on the site and shall be in keeping with the: character or design of the site; Existing fireesshall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission: Section 24.030.-:Cortdifion6l Use Permits - paragraph A is amended to read as follows: Purpose. The purpose of the conditional use, permit is to ensure the. proper integration of .uses which, because of`their~special nature, may be suifable only in certain locatiohs and only providedisuch uses are arranged or operaled in a particular mariner..In addition to-ahe review described herein, any°propgsed.conditional use shall be subject to site standards set forth in Section 24.040 [Site. Plan and.Archrtectural Review). Additionaf~applicafiion shall be required and ddditiondl fee shall be charged for site plan and architectural review. Section 24.030-Conditional Use Permits -paragraph B is amended to read n5 follows: ~4ppiication. Applicationfor, a conditional use permit shall be made by the property owner or certified agent tliereof'fo the Planning Commission on.a form prescribed for this purpose by the Cify of'Petaluma and shalt be aceorripanied by uch additional documents or Supporting roaferial as may be required for review of the proposed use, including where appropriate; the plans, drawings;, and information to permit a site plan and acchitectural~reviewin accordance with the procedure in Section 24.01'0.[E) . [Investigation and Report}. Section 24;070:6,(,,1;) -- Appeals is amended to read as follows: Appeal,Subjects and Jurisdiction. 1. A, decision on an. administra#ive site plan and architec-turab review'applicafion or historic and cultural preservation application may be appealed to'the Planning Commission. Section 24:070---Appeals -;paragraph (B)(5), is amended to read as follows, and paragraph-(B)(6) is deleted. S. A decision by ahe. Planning, Commission may be appealed to City Council. ,section 2. If .any section, subsection, sentence, clause, phrase or'wora of this ordinance is for ariy'reason held to~be, unconstitutional,.unlawful:or'othenvise invalid by a court of competent turisdiction orpreernpted by state legislation, such decision,ar legisidtion shall not affect the validly of`the remoirnngportions of this ordinance. The:City'Council of the City of Petaluma hereby declares thatit would have passed and adopted this ordinance and each and ail provisions. tfereof,rrespect+ve of the fact that' any one. or more of said provisions be declared unconstitutional,: unlawful or otherwise invalid. Section 3. The City Council finds.that adoption of thisordihance is exempt from the California Enviconmenfpl' Quality Act •(",CEC~2A`'}, pursuant to Sections>'1506'1'(b} (3} (no:possibility that the activity may have a significant impact on the environment) and 15060{c)[3} (ihe activity is not a Ordinance No. N.C.S. l9~ 1 project, as .defined in: 5eciion i 5378} of the CEQA Guidelines (Title 14, Chapter 3 of the California 2 Code of Regulations}. 3 4 Section 4: 'This ardinance shall became effective thirty {30} days after the date of its:adoption by 5 the Petolumb City Council. 6 7 Section 5. The City Clerk is hereby directed to publish or past this ordinance or a synopsis for the 8 period and in the manner provided by the City Charter and any otherapplicable law. 9 10 INTRODUCED and ordered pastedlpublished this day of ~ 2009. 11 I2 ADOPTED this day of 2009 by the following vote: 13 14 AYES: 15 NOES: I6 ABSENT: 17 ABSTAfN; 18 19 ' ?p 21 ~~ 23 ~4 ?5 ~6 ~~ 2$. 29 30 31 32 33 34 35 36 37 38 - 39 40 4T 42 43 44 45 46 47 48 49 5D (v ~ __ Attachment. I~ EFFECTIVE DATE ORDINANCE NO. N:C:S: OF ORDINANCE 1 Introduced by Seconded by 2 3 4 5 6 7 8 9 ORDINANCE QF`THE .CITY OF PETALUMA AMENDING SPECIFIED SECTIONS OF THE 1D SMARTCODE®, ORDINANCE 2752 N:C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING 11 COMMISSION AND' ARCHiTEC'URAL 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`fhe 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 forsix years shall not be reappointed until of least one year has elapsed after the 19 expirafion of the sixth year of service; and, 20 21 WHEREAS, fhe City Council of;.the City of Petaluma, on March 30, 2009 directed staff to 22 combine the duties of the Planning Commission and Site Plan and Archifectural Review 23 Committee into a single, reconstituted Planning Commission in order fio streamline, expedite and 24 enhance the processing and consideration of development applications in the City of 25 Petaluma; and, 26 ' 27 FINDINGS 2S 29 WHEREAS, the City Couneil.of he City of Petaluma hereby finds that the amendments 3U contained in this ordinance to the City's SmariCode©, Ordinance no. 2152 N.C.S. are in general 31 conformity:with the Petaluma General Plan and any applicable plans, and fhat the. public.. 32 necessity, convenience and general welfare require or clearly permit the adoption of the 33 proposed amendments: 34 ._ 35 .NOW THEREFORE, be it ordained by the Council of the Cityof Petaluma as follows: 36 37 Section 1 _The SmartCode©, Ordinance No. 2152 N.C.S., is hereby arriended as follows: 38 39 Section 1,1 O.OTO -Applicability of Code Standards - paragraph (H} is amended to read 4U as follows: 41 42 Design Review. All buildings and associated site improvements within this Specific Plan 43 -dre subject fo design review by the Planning Commission. Refer to'the Archiiectural Ordinance No. N.C.S. ~2 1 Guidelines (Appendix "B" of-the Specific Plan} .for example illustrations and information 2 on arch. itectural character in'the Specific Plan area. 3 4 Seefion 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 shalt be 4 stories, unless the Planning 7 Commission is able to make the following findings to aNow up to fwa more stories (a total 8 rndximum of 6 storiesj: 9 A_ That the. additiona(height makes a positive contribution to the overall character 10 of the area and will be compatible with: its surroundings. 11 B. Thatthe ddeiitionai height will not result'iri unreasonable restrictions of light and dir 12 to adjacent properties orthe publicright-of-way, or otherwise be detrimental to 13 the public health, safety and welfare. 14 C. That the additional height wiU support. other policies arrd standards of the Specific 15 Plan and will resultin a better overall project. 16 17 The first paragraph of Section 6.10.050 -.Parking Design and Development Standards - is 18 amended#o read as follows: 19 20 Required' parking areas shall be designed and constructed as follows, and in cornplianee 21 with the guidelines of the Planning Commission. The standards of this Section may be 2 modified by the Planning Commission where it tleferrnines that alternative parking 23 designs ahd standardswill more Appropriately relate to the operating characteristics of 24 the proposed development or new land use, while being equalty effective in providing 25 parking areas that are safe, cohvenieht, use Idhd efficiently; and are aesthetically 26 attractive. ?~ 28 Section 9 -Glossary [Historic and Cultural Preservation Gommitteej - is amended to lead 29 as follows: _ 30 31 Historical,and Guttural Preservation Committee. The Historical and Cultural Preservation 32 Committee established by, and'wifh powers and duties assighed by the Implementing 33 Zoning Ordinance Chapter l,5 (Preservation of the Cultural and Historic Environment}. The 34 Historical and Cultural Preservation Committee:consists of the membership of the 35 Planning Commission, plus orie member representing he Petaluma Historical Museurn, 36 and one member representing Heritage Homes of Petaluma. 37 38 Seefion 2. If any section, subsection, sentence, clause, phrase orword of this ordinaneeis for 39 any reason held to be uncohstitufiional, unlawful or otherwise inyafid, by a Court of competent ~0 jurisdiction or preempted bystate' legislation, such decision oriegislation shall not affect the 41 validity df fh'e remaining portions of this ordihance: The Cify Council of the City of Petaluma ~2 hereby declares #hat it would have passed. and adopted this ordinance and`each and afP 43 provisions thereof'irrespective of the; fact that any one or more of said provisions be declared 44 unaonsti#utional, unlawful ar otherwise invalid. 45 46 5ection~3! The City Council fiinds that adoption of this ordinance is exempt from the California 47 Envi~ohmental Quality Act {"CEQA"j, pursuant to Sections 15061 [bj (3j (no possibility that the 48 activity inoy have a signifcant impact on the environment) and f 5060(cj (3} (the activity is not a 49 project as,definediri;Section 15378j of the CEQA Guidelines {Title 14, Chapter 3 of the California 50 Code of Regulationsj. 51 Ordinance No. N.C.S. ~3 1 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 pass this ordinance or a synopsis far the 5 period and in the manner provided by the City Charter and any other applicab{e law. 6 7 INTRODUCED and ordered, posted/published this day of .2009. 8 9 ADOPTED this day oI .2009 by the following vote: 10 11 AYES: 12 NOES: 13 ABSENT: 14 ABSTAIN: 15 16 17 Z8 19 ?p 21 ~~ 23 ?4 , ~5 ~6 ~7 ?g ~~ 30 31 32 33 34 35 36 37 38 Ordinance No. ' N.C.S. ~~ Attaclunent IvFFECTIVE DAT)C ORDINANCE NO. N.C.S. OF QRDINANCE 1 Introduced by Seconded by 2 3 4 5 6 7 8 ORDINANCE OFTHE CITY.COU,NCR~OF THE~CITY QF F'ETALUMA AMENDING CHAPTER 25 9 ENTITLED, "gMENDMENTS" OF~THE IMPLEMENTING ZONING. ORDINANCE, ORDINANCE'NO.. 10 :2300 N.C.S., TO CLARIFY THE REVIEW OF PROPOSED ZONING AMENDMENTS BY THE 11 ~ PLANNING COMMISSION 12 13 14 WHEREAS, Article VIII, Section b5.of the Petaluma Charterauthorizes the City Council to 15 establish such commissions ds shall be necessary forthe effective accomplishment ofrnunicipal 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 contnuously'forslx .years.. shall not be reappointed~until of least one year has elapsed after-the 19 expiration of the sixth year of service; and, 20 2T WHEREAS, the City Courncil'of the City of Petaluma, orn,Mareh 30,.2009 directedstaff 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 develapmentapplications in the Cifyof 25 Petaluma; and, 26 ~ - 27 ~1NHEREAS, on June 15;;2009, the City Council of the City of Petaluma introduced; 28 Ordinance No, 2337 amending, Chapter 2;08 acid repealing Chapter 2.50 of the Petaluma 29 tvlunicipal Code to abolish the Site. Pldn and Architectural Review Committee and add site-:plan 30 and architectural review responsibilities to the duties of a reconstituted Planning Commission; 3I and Ordinance No: 2338 amending:specified provisions of~the Implementing Zoning Ordinance 32 and Ordinance No: 2339 amending specified provisions of th"e 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 ttiisordinance to fihe City's Implementing Zoning Ordinance, Ordinance No. 2300 40 N C.S.,,:are~in general-conformitywi#h the Petaluma Generdl.Plan and any applicable plans, and 41 that the public necessity; convenience and general welfare require or clearly permif the 42 adoption of the proposed amendments. 43 ~ - 4 Ordinance No. fJ.C.S. _.. C.2~~....~ 1 NO.W, THEREFORE,, BE IT QRDAINED•BY THE'COUNCtL 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 fJ:C.S., is-hereby dmended to read as follows: 6 7 This Ordinance maybe amended by.changirig the boundaries of any district or by 8 changing any ofiher provision thereof'whenever the, public necessity and convenience and 9 general welfare require such dinendment. No amendmenf to provisions°of this ordinance that 10 regulate.matters lisf`ed in`Government'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 ttiafi regulate: mdtters other Than those listed in 14 Government Code section 65850, as frorn:time'ta time; amended, be submitted to the Planning 15 Commission for a finding of conformity with the General Plan.. 16 17 Section 2. Section,25.040, " Invesfigatian and. Report" of the Implementing Zoning 18 ordinance, Ordinance No, 2300 N:C.S., is hereby amended ao read as follows: 19 ~0 The'Zoning Ad pnisptrgtor~{Di } g n ofthe proposed . rector shall make an investi ~atio 21 amendment and shall• re are a report thereon which shall be submitted to the City body or 22 bodies:with jurisdietoh over the proposed amendment. 23 - 24 Section 3. The-title and first sentence of Section 25:050,. currently entitled "Public 25 Hearings" of the.Implementing Zoning Ordinance,~Otdinance~No. 2300 N.C.S., are hereby 26 amended to read as follows: 27 ?$ 25.050 -Public Hebrings:of the Planning Commission. 29 For• proposed amendments subject to Rlanning 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 25.06;5 -:Pub{c Fieaiiings of he City Council 37 The City Council shall hold public.hearings in accordance~with this secfion to consider . 38 ;proposed amendments subject to Planning;Commission review in accordance with section. 39 25.010. The'City Council may, in its,sale dis'crefiion, hold public hearings in accordance' with this 40 secfion on proposed amendments for which Planning Gommissiori review,is not required in 41~, accordanee-with sectioh!.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 Petafurna, at least ten {10} days 45 prior to said°public hearing, or by mailing; postage prepaid, ~a notice'of the time and place of 46 the hearing .ta aN,pe~sons 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 offiearing. If, at.the conclusion of the 52 hearing, the `City Council ;finds ;the. amendment to be in conformance. withthe findings specified 52 in section 25;070; fhe City Council may adopt the amendment. Ordinance No. N.C.S. ~~ 1 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 25 ~b 27 2g 29 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 ds follows: If the City Council proposes to alter a proposed'zoning amendment recommended by the Planning Cornrnission, 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 25:0.10, the City.Council, in its sole discretion, may either. refer the proposed .altered amendment back to the Planning Commission for report. and recommenddfion before adoption, or adopt the proposed :altered amendment. Failure of the Planning Commissron 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'Covncil finds thdt 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;p[oject as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations}. Section7. tf any section, subsection; sentence,.clause, phrase o"r word of this ordinance is for any reason held to be unconstitutional, unlawful ar 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 Gity of Petaluma hereby declares.that ifiwould have passed and adopted this ordinance and each and all provisions hereof irrespective of the:fact thatany one or more of said provisions be declared-unconstitutional,. unlawful or otherwise invalid: , Section 8. This ordinance shall become effective thirty (30} days afterthe 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 forthe period and in-the manner provided by the City Charter and any ofiher applicable taw. INTRODUCED and ordered postedJpublished this day of 2009. ADOPTED this day of 2009'by the following vote:. AYES: NOES: ABSENT: ABSTAIN: Pamela Toiiidtt, Mayor Ordinance No. N:C.S. ~~ 1 3 ATTEST: 4 5 6 7 Claire Cooper, Gity 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 ~~ Resolution No. 2009-137 N.C.S. of the City of Petaluma, California REFERRING TO THE-PLANNING COMMISSION:: PROPOSED ORDINANCE AMENDING~SPECIFIC SECTIONS OF THE IMPLEMENTING ZONING ORDDINANCE, ORDINANCE N0.2300 N.C.S., TO IMPLEMENT CONSOLIDATION . OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIDILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION; PROPOSED ORDINANCE. AMENDING SPECIFIED SECTIONS OF THE SMARTCODE©, ORDINANCE N0.2152 N.C.S., TO IMPLEMENT' CONSOLIDATION OF PLANNING COIVIMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, RECONSTITUTED PLANNING COMMISSION; AND ORDINANCE AMENDING CIiAPTER 25 ENTITLED "AMENDMENTS" OF THE' 1MPLEIVIENTING 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, reconsituted'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:G.S, provides in pertinentpart.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., aze 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 ofthe City Council.. of the City of Petaluma Amending Specified Sections of the Implementing Zoriing 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. 2l 52 N.C.S. to Implement Resolution No. 2009-137 N.C.S. Page I ~~ Gonsolidation.ofPlanntng Commission and Architectural Review Responsibilities I in a Single; Reconstitttted 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. REFERENCE: AYES: NOES: ABSENT;. ABSTAIN: ATTEST: tJnder•the power and authority conferred,upon this Council-by the~Charterof said City. 1 hereby certify fhe foregoing Resolution was introduced.and,adopterl by the Council of the;Cty ofPetaluma at a Special meeting on the 91`h day of:August, 2009, by the followingwote: Vice Mayor Barrett, Glass, Harris, Babbitt, Renee, ?otayor Torliatt. None Healy None City Clerk I as to Resolution No. 2009-137 N.C.S. Page 2 ~~