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HomeMy WebLinkAboutAgenda Bill 3G 09/21/2009 September 21, 2009 1 2 3 4 5 6 7 8 9 10 11 12 EFFECTIVE DATE OF ORDINANCE ORDINANCE NO. 2346 N.C.S. Introduced by Seconded by ORDINANCE OF THE. CITY OF PETALUMA AMENDLNG SPECIFFED SECTIONS OF THE SMARTCODE,° ORDINANCE-2:152 N.C.S. TO IMPLEMENT CONSOLIDATION OF PLANNING COMMISSION. AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN ASINGLE, RECONSTITUTED PLANNING COMMISSION AND REPEALING ORDINANCE N0.2339 N.C.S., ADOPTED JULY 6, 2009 WHEREAS, Article VIIJ, 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 Gity Council shall be d member of each commission, commissioners' terms shall not exceed four years, and commissioners that have served continuously for six years shall not be reappointed until at least one year has elapsed after the expiration of the sixth year of service; and, WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to combine the duties of the Planning Commission and Site Plan and Architectural Review Committee into a single, reconstituted Planning Commission in order to streamline, expedite and enhance the processing and consideration of development applications in the City of Petaluma; and, FINDINGS WHEREAS, the City Council of the City of Petaluma hereby finds that the amendments contained in this ordinance to the City's SmartCode©Ordinance no. 2152 N.C.S. are in general contorrnity with the Petdluma_ General Plan and any, applicable plans, and that the public necessity, convenience and general welfare require or clearly permit the adoption of the proposed am'endments'. NOW THEREFORE, be it ordained by the Council of the City of Petaluma as follows: Section l ._The SrnartCode° Ordinance 2152 N.C.S., is hereby amended as follows: Section 1.10.010 -Applicability of Code Standards - paragraph (H) is amended to read as follows: Design Review. A'If buildings and associated site improvements within this Specific Plan are subjec# fo design review by the Planning Commission. Refer to the Architectural Ordinance No. 2346 N.C.S. Page 1 Guidelines (Appendix "B" of the Specific Plan) for example illustrations and information oh architectural character in the Specific Plan area. Section 4.20:010 -'Building Height Exception in Tb Zone - is amended to read as follows: The maximum building height in the T6 zone shall be 4 stories, unless the Planning Commission is able to make the following findings to allow up to two more stores (a total maximum of b stories): A. That the additional height makes a positive contribution to the overall character of the area and will be compatible with its surroundings. B. That the additional heightwill not result in unreasonable restrictions of light and air to adjacent properties or the public right-of-way; or otherwise be detrimental to the public health, safety and welfare. C. That the additional height will support other policies and standards of the Specific Plan and will result in a better overall project. The first paragraph, of Section 6.10.050 -Parking Design and Development Standards - is amended to read as follows: Required parking areas shall be designed and constructed as follows, and in compliance with the guidelines of the Planning Commission. The standards of this Section may be modified by the Planning Commission where it determines that alternative parking designs and standards will more appropriately relate to the operating characteristics of the proposed development or new land use, while being equally effective in providing parking areas that are safe, convenient, use land efficiently, and are aesthetically attractive. Section 9 -Glossary (Historic and Culfurdl Preservation Committee) - is amended to read as follows: Historic and Cultural Preservation Committee. The Historic and Cultural Preservation Committee established by, and with powers and duties assigned by the Implementing Zoning Ordinance Chapter 15 (Preservation of the Cultural and Historic Environment). The Historic and Cultural Preservation Committee consists of the membership of the Planning Commission, plus one member representing the Petaluma Historical Museum, and one member representing Heritage Homes of Petaluma. Section 2. Ordinance No. 2339 N.C.S. adopted July 6, 2009 is hereby repealed in its entirety. Section 3. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility that the activity may have a significant impact on the environment) .and 15060(c) (3) {the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 4. If any section, .subsection,. sentence., clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each Ordinance No. 2346 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 and all provisions thereof irrespective. of the fact that any one or more of said provisions be declared unconstitutiondl, unlawful or otherwise invalid. Section 5. this ordinance shall become. effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and ordered posted/published this 14th ddy of'September, 2009. ADOPTED this day of , 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Pamela Torliatt, Mayor ATTEST: Cldire Cooper, -City Clerk 1292327.2 APPROVED AS TO FORM: Eric Danly, City Attorney Ordinance No. 2346 N.C.S. Page 3