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HomeMy WebLinkAboutAgenda Bill 3F 09/21/2009 September 21, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 EFFECTIVE DATE. OF' ORDINANCE ORDINANCE N0.2345 N.C.S. Introduced by Seconded by ORDINANCE OF THE CITY COUNCIL OF THE CITY O,F PETALUMA AMENDING SPECIFIED SECTIONS OF THE IMPL'EMfNTING ZONING ORDINANCE, ORDINANCE. NO. 2300 N.C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A,SINGLE; RECONSTITUTED PLANNING COMMISSION AND REPEALING ORDINANCE NO'. 2338 N.C.S., ADOPTED JULY 6, 2009 WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Councif to establish such commissions as.shall' be necessary for the effective decomplishment 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 Plariring Commission and Site Pldri 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 hereby finds that the amendments. contained°in this ordinance to the City's Implementing Zoning Ordinance, Ordinance no. 2300. N.C.S, ace in genera.l.conformty wifh the Petaluma General .Plan and any applicable plans, and that he public necesairyy', convenience and general welfare require or clearly permit the adoption of the proposed amendments; NOW THEREFORE; be it ordained by the Council of the City of Petaluma as follows: Section, 1. The provisions specified below of the Petalumd Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S, adopted June 2, 2008 and effective July 2, 2008 are hereby amended in accordance with the following: Section..7:090--Telecommunications Facilities -paragraph (C)(4), is amended to read as follows:. Ordinance No. 2345 N.C.S. Page 1 Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.,T01. Section 11.065 -Power of the Zoning Administrator (Director) to Modify Requirements - paragraph (A) - is amended to read. as follows: Compact spaces may be proposed asset forth within the adopted City standards,. subject to review and approval of the Planning Commission. Section 11.070 -Standards for Off-Street Automobile Parking Facilities paragraph (I) - is amended to read as follows: Parking Stdll Size. Parking stall size shall be determined by the Planning Commission in the Site Plan and Architectural Review Procedures and Guidelines. Section 15.020 -Powers and Duties of the Planning. Commission and Historic and Cultural Preservation Committee -paragraph (B)(4) - is amended to read. as follows: The Historic and Cultural Preservation Committee shall consist of the membership of the Planning Commission and two additional members, one representing the Petaluma Historical Museum and one representing Heritage Homes of Petaluma. , Section 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 by the underlying zoning district may be provided for as follows: 1. Primary Sfcucture. A primary structure may encroach into a required setback for a distance of not more than one-half of the required setback, subject to approval by the Plahning Commission, if it can be found that the decrease minimizes the impact of hillside development and grading and is consistent with the guidelines contained in this chapter.. If such a reduction is granted, a .compensating increase in setback is required in the opposing setback. For example, afive-foot (5') reduction in a front setback would increase the rear setback by five feet (5'). . 2. Required Covered Parking. Required covered parking may encroach into a required front and/orside yard setback ifithe decrease minimizes the impact of hillside development acid grdclirig and is consistent with the guidelines contained in this chapter. Findings Required: When :the Planning Commission 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: Ordinance No. 2345 N.C.S. Page 2 Additional:Setback Required. In order to protect significant natural resources or to reduce visual prominence of a proposed development, the Planning Commission may require building setback(s) that exceed(s) the required setback of the underlying zoning district. Section T6.060 -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 5feet (5') may be permitted with Planning Commission approval. Section 16.060 -Single Lot Development -paragraph (H) 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. 1. 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 (.I) is amended to read as follows: Architectural Design. The following architectural design guidelines shall be taken into consideration and incorporated into the desigh 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, all designed to break up massive forms. 3. Design: buildings to minimize bulk, mass and volu.rne. 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 16.1 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 can be minimized through a combined use of .grading and landscaping techniques. Earth sheltered buildings and "living roofs" are encouraged. Ordinance No. 2345 N.C.S. Page 3 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. i. Step back the second story so the difference in wall planes is visible from a distance. j. Vary elevations, such as stepping back second stories, to conform with topography. k. Avoid overhanging decks, large staircases, and patios formed by retaining walls that make buildings appear more massive (see Figure 1.6.3). I. Avoid use of solid wall railings that add to the mass of the design. m. Create light and shadow by providing modest overhangs, projections, alcoves and plan offsets. n. Use a combination of siding materials and articulate walls to reduce expansive, continuous planes. o. Use vaulted ceilings rather than high walls and ceilings to attics above to achieve a feeling of volume. 5. Colors and Materials. The following methods may be used to reduce the visibility of hillside development: a. Use subdued and unobtrusive exterior finish materials and colors for all structures. b. Minimize 'the use. of reflective material. c. Earth tones. and colors that occur naturally in the Petaluma hills are encouraged. d. Structures should not call undue attention to themselves when viewed from a public vantage point. b. Roofs. a. Break roof forms and rooflines into smaller building components to reflect the irregular forms of surrounding natural features (see Figures 16.12 and 16.2) . b. Generally orient the slope of the man roof in the same direction as the natural slope of'the terrain (see Figures 16.1 and 16.2). c. Avoid large gable ends on downhill elevations. d. Light colo"red and reflective roofing materials are discouraged.. Section 16.060 -Single Lot Development -paragraph (J) is amended to read as follows: Process. As prescribed by Section 24.010 (Site Plan and Architectural Review) Section 17.060 -Tree Removal - paragraph (B)(3) is amended to read as follows: Develbpcnent Projects - If a project applicant chooses to remove trees from a d'evelopmentsite the project applicant will be required to replace the tree or trees. Refer to the "Tree Technical Manual" for approved forms of the tree replacement. On projects where. Planning Commission/City Council approval is riot required, replacement will be at the direction of the Community Development Director. For development projects that require Planning Commission/City Council approval, protected trees authorized for removal will be addressed as part of the development conditions of approval. The approving body shall be the deciding factor on appropriate replacement and the project will be conditioned accordingly. Ordinance No. 2345 N.C.S. Page 4 Section 18:020 -Applicability is amended to read as follows: The provisions of this ordinance shall apply to any project that receives any required entitlem"ent approvals (tentative map, rezoning or prezoning, General Plan amendment and related environmental determination) from the Planning Commission and City Council after the effective date of this ordinance. If a building permit is only required and none of the circumstances listed in this Section apply to the application, then the building permit must be issued for'the project prior to the effective date of, this ordinance. However, when. a development agreement or some other agreement 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 ordinance. Section 18.090 -Compliance -paragraph (f3)(3) is amended to read as follows: The art work shall be related in teems of scdle, material, form and .content to immediate and adjacent buildings and architecture, landscaping or other setting so as to complement the site and its surroundings and shall be consistent with any corresponding action of the Planning commission or City Council as it may relate to any development entitlements; Section 19.040 -P.U.D. District Procedures - paragraph (E)(4) is amended to read as follows: Minor Modification to Approved Unit Development Plan. As determined by the Director, modification which is minor in nature and clearly inconsequential may be made administratively or, in the.,judgment of the Director, maybe referred to the Planning Commission for review and approval. Minor modification includes modification to unit architecture and site design so long as no significant alteration to road alignment is made and no increase in unit yield results. Up to 20% of the .individual dwelling units in residential P.U.D.'s may be substituted for other previously approved units if the resulting substitutions do not substantially alter the intent of the P.U.D, as originally approved. Section 24.010 -Site Plan and Architectural Review -paragraph (B) is amended to read as follows: Administrative .Site Plan and Architectural Review. The Director may grant administrative site plan and architectural approval for nonproduction residential units in approved subdivisions of five or more lofs, all residential developments of less than five units, and all minor additions or modifications fo industrial, commercial or office buildings, or may refer said development proposals to the Planning Commission. Forpurposes of this section, the term "nonprociucti.ori residential units" shall mean houses not substantially similar to other hous"es within view of one another as determined by the Director, or houses within a subdivision where the same floor plan or exterior design is used less than three times. Section 24:01..0 -Site Plan and Architectural Review -paragraph (F) is amended to read as follows: Procedure. On matters to be reviewed by the Planning Commission,. or when the Director refers an application to the Planning Commission with recommendations, the applicant shall be so notified and a hearing date shall be established. On the date for said hearing, Ordinance No. 2345 N.C.S. Page 5 the. Planning Commission shall consider the Director's report and any additional staff comment and shall permit the applicant or any other affected person to present any evidence which the Planning Commission deems to be relevant to said applicant. The Planning Commission shall approve, disapprove, or approve with modifications projects for which the Planning Commission is the entitling body, or recommend approval, disapproval, or approval. with modifications or give other appropriate recommendation to the City Council, concerning projects for which the Planning Commission is an advisory body. Section 24.010 -Site Plan and Architectural Review - paragraph (G)(2) is amended to read as follows: Landscaping to approved City standards shall be required on the site and shall be in keeping with the character or design of the site. Existing trees shall be preserved wherever possible, and shall not be removed unless approved by the Planning Commission. Section 24.030 -Conditional 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 suitable only in certain locations . and only provided such uses are arranged or operated in a particular manner. In addition to the review described herein, any proposed conditional use shall be subject to site standards set forth in Section 24.010 (Site Plan and Architectural Review). Additional application shall be required and additional fee shall be charged for site plan and architectural review. Section 24.030 -Conditional Use Permits - paragraph B is amended to read as follows: Application. Application for a conditional use permit shall be made by the property owner or certified agent thereof to fhe Planning Commission on a form prescribed for this purpose by the City of Petaluma and shall be accompanied by such additional documents or supporting material as may be required for review of the proposed use, including where appropriate, the plans, drawings, and .information to permit a site plan and architectural review in accordance with the procedure in Section 24.010.(E) (Investigation and Report). Section 24.070.B(1) -Appeals is amended to read as follows: .Appeal Subjects and Jurisdiction. 1. A decision on an administrative site plan and architectural. review application 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. 5. A decision by the Planning Commission may be appealed to City Council. 51 52 Section 2. Ordinance No. 2338 N.C.S. adopted July 6, 2009 is hereby repealed in its entirety. Ordinance No. 2345 N.C.S. Page b 1 2 Section 3. The City Council finds that adoption of this ordinance is exempt from the California 3 Environmental. Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the 4 activity may hgve a significant. impact on the environment} and 15060(c) (3) (the activity is not a 5 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of fhe California 6 Code of Regulations). 7 8 Section 4. If any section, subsection, sentence, .clause, phrase or word of this ordinance is for 9 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent 10 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the 11 validity of the. remaining portions of this ordinance. Th'e City Council of the. City of Petaluma 12 hereby declares that it would have .passed and adopted this ordinance and each and all 13 provisions thereof irrespective of the fact that any one or more of said provisions be declared 14 unconstitutional, unlawful or otherwise invalid. 15 16 Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by 17 the Petaluma City Council. 18 19 Section 6. The City Clerk is hereby directed to publish or post fhis ordinance or a synopsis for the 20 period and in the manner provided by the City Charter and any other applicable law. 21 22 23 INTRODUCED and ordered posted/published this 14th day of September, 2009. 24 25 ADOPTED this.: day of , 2009 by the following vote: 26 27 AYES: 28 N'O;ES: 29 ABSENT: 30 ABSTAIN: 31 32 33 34 Pamela Torliatt, Mayor 35 36 37 ATTEST: APPROVED AS TO ..FORM: 38 39 40 41 Claire Cooper, City Clerk Eric Danly, City Attorney 42 1292329.2 Ordinance No. 2345 N.C.S. Page 7