HomeMy WebLinkAboutOrdinance 2552 N.C.S. 10/05/20151
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EFFECTIVE DATE ORDINANCE NO. 2552 N.C.S.
OF ORDINANCE
November 5, 2015
Introduced by Seconded by
Kathy Miller Gabe Kearney
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 4,
SECTION 4.030 - ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND
CHAPTER 28 - GLOSSARY AND AMENDING THE SMARTCODE, ORDINANCE NO.
2470 N.C.S. SECTION 3.10.030 - PERMIT REQUIREMENTS FOR ALLOWABLE USES
AND SECTION 9 - GLOSSARY TO ADDRESS CONSISTENCY WITH THE
RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA)
WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO)
provides in pertinent part that no amendment that regulates matters listed in Government Code
Section 65850 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, the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et
seq. (RLUIPA) was signed into law and became effective on September 22, 2000; and,
WHEREAS, RLUIPA states that no government shall impose or implement a land use
regulation in a manner that imposes a substantial burden on the religious exercise of a person,
including a religious assembly or institution, unless the government demonstrates that imposition
of the burden on the assembly, or institution is a furtherance of a compelling governmental
interest and is the least restrictive means of furthering that compelling government interest; and,
WHEREAS, in order to bring local regulations into compliance with RLUIPA, staff
recommends text amendments to the City's Implementing Zoning Ordinance Chapter 4, Section
4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary; and,
WHEREAS, a public notice of the of the August 11, 2015 public hearing before the
Planning Commission to consider the amendments was published in the Argus- Courier on July
30, 2015; and,
WHEREAS, on August 11, 2015, the Planning Commission held a duly- noticed public
hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section
25.050; and,
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted
its Resolution No. 2015 -10, recommending that the City Council adopt the amendments; and,
Ordinance No. 2552 N.C.S.
Page 1
1 WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor
2 Alterations in Land Use Limitations) in that the amendments involve minor modifications to the
3 Implementing Zoning Ordinance and SmartCode that do not result in significant changes in
4 allowable land use or density; and,
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6 WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public
7 hearing before the City Council to consider the amendments was published in the Argus-
8 Courier; and,
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10 WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly
11 noticed public hearing to consider the amendments; and,
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13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
14 FOLLOWS:
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16 Section 1. Findings. The City Council of the City of Petaluma hereby finds:
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18 1. The provisions amending the IZO, Chapter 4, Section 4.030 - Allowable Land Uses
19 and Permit Requirements and Chapter 28 - Glossary and the SmartCode, Section
20 3.10.030 - Permit Requirements for Allowable Uses, as hereinafter set forth,
21 (collectively, "the amendments "), are in general conformity with the Petaluma
22 General Plan 2025 because the amendments implement the goals, policies and
23 programs of the General Plan 2025 and the Central Petaluma Specific Plan. In
24 particular, Goal 1 -G -1 of the General Plan which seeks to: "Maintain a balanced
25 land use program that meets the long -term residential, employment, retail,
26 institutional, education, recreation, and open space needs of the community."
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28 2. The proposed amendments are consistent with the public necessity, convenience
29 and welfare in that they ensure Petaluma's land use and zoning regulations are in
30 compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA).
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32 3. The amendments are categorically exempt pursuant to CEQA Section 15305
33 (Minor Alterations in Land Use Limitations) in that the amendments involve minor
34 modifications to the Implementing Zoning Ordinance and SmartCode that do not
35 result in significant changes in allowable land use or density.
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37 Section 2. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance
38 No. 2300 N.C.S., definition of "Club, Lodge, Private Meeting Hall" is hereby repealed.
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40 Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance
41 No. 2300 N.C.S., definition of "Religious Facility" is hereby repealed.
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43 Section 4. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance
44 No. 2300 N.C.S., definition of "Community Meeting Facility" is hereby added to read as follows:
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46 Community Meeting Facility. A multi - purpose meeting and /or recreational facility typically
47 consisting of one or more meeting or multi - purpose rooms, which may also include kitchen
48 and /or outdoor cooking or eating facilities, that area available for use by various groups for such
49 activities as meetings, parties, receptions, dances, etc. Community meeting facilities include
50 community center and the following.
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Ordinance No. 2552 N.C.S. Page 2
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3 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities
4 for organizations operating on a membership basis for the promotion of the interests of
5 the members, including facilities for:
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business associations political organizations
civic, social and fraternal organizations professional membership organizations
labor unions and similar organizations other membership organizations
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8 2. Religious Facility. A facility operated by a religious organization to provide a place for
9 worship, or the promotion of religious activities. This use includes: churches, mosques,
10 synagogues, temples, etc., and their accessory uses on the same site, such as living
11 quarters for staff, fund - raising sales, bazaars, dinners, parties, or other outdoor events on
12 the same site. Other uses defined in the Implementing Zoning Ordinance and identified
13 in Tables 4.1 through 4.5, which may be maintained by religious organizations, such as
14 full -time educational institutions, hospitals, or recreational camps, shall be permitted as
15 set forth in Tables 4.1 through 4.5 of the Implementing Zoning Ordinance.
16 Section 5. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements,
17 Table 4.1, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as
18 follows:
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Ordinance No. 2552 N.C.S. Page 3
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Section 6. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements,
Table 4.2, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as
follows:
Residential Zones
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Community Meeting Facility CUP CUP CUP CUP
Golf course, country club — — — —
Park P P P P
School - Elementary, secondary, or college, private CUP CUP CUP CUP
Section 7. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements,
Table 4.3, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as
follows:
Mixed Use Zones
P (16)
Perrnitted Use
TABLE 4.3-
CUP
Conditional Use Permit Required,
Allowed Land Uses and Permit Requirements for
S
Permit Requirement in Specific Use Regulations
Mixetl Use Zones
A :
Accessory Use
—
Use Not Allowed
Permit Required by Zone
Specific Use
LAND USE TYPE (1),
MU1A
MU1B MU1C
MU2'
Re ulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
CUP
CUP
—
CUP
Chapter 9
Community Meeting Facility
CUP
CUP
CUP
CUP
Commercial recreation - Indoor
CUP
CUP
—
P(6)
Fitness /health facility
P
P
—
P
Library, museum, art gallery
P
P
—
P
Park
P
P
P
P
School - Elementary, secondary, or college,
CUP
CUP
CUP
CUP
private
School - Specialized Education and Training
CUP
CUP
—
CUP
Studio - Art, dance, martial arts, music, etc.
P
P
—
P
Theater, cinema or preforming arts
CUP
CUP
—
CUP
Theater District
Ord. 2158
Ordinance No. 2552 N.C.S.
Page 4
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Section 8. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements,
Table 4.4, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as
follows:
Commercial, Business Park, and Industrial Zones
P(16)
Permitted Use
TABLE 4.4
CUP
Conditional Use Permit Required
SRegulations
Permit Requirement in Specific Use
Allov�ed Land Uses and Permit Requirements for
Commercial,- .Business�Park, and Industrial Zones
A
Accessory Use
—
Use Not Allowed
Permit Required by Zone
Specific Use
LAND USE TYPE 1
Cl
C2 BP I
Re ulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
CUP
CUP
CUP
—
Chapter 9
Community Meeting Facility
P
P
CUP
CUP
Commercial recreation - Indoor
—
CUP
CUP
—
Commercial recreation - Outdoor
—
CUP
—
—
Conference /convention facility
—
—
CUP
—
Fitness /health facility
P
P
P
CUP
Park
P
P
P
P
School - Elementary, secondary, or college,
—
—
CUP
—
rivate
School - Specialized Education and Training
P(6)
P(6)
CUP
—
Sports and entertainment assembly
—
—
—
—
Studio - Art, dance, martial arts, music, etc.
P
P
P
—
Section 9. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements,
Table 4.5, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as
follows:
Civic Facility Zone
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Park P
Community Meeting Facility CUP
School - Elementary, secondary, or college, private CUP
Theater, cinema or preforming arts CUP Theater District
Ord. 2158
Section 10. Except as amended herein, the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect.
Ordinance No. 2552 N.C.S.
Page 5
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2 Section 11. Section 3.10.030, Permit Requirements for Allowable Uses, Table 3.1,
3 SmartCode Ordinance No. 2470 N.C.S., is hereby amended to read as follows:
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Community meeting facility
<- 10,000 sf
CUP
P
MUP2
MUP - -
- CUP
>10,000 sf
CUP
CUP
CUP
CUP - -
- CUP
School - Specialized education /training
<- 10,000 sf
CUP
P
MUP2
MUP - -
- CUP
>10,000 sf
CUP
CUP
CUP
CUP - -
- CUP
Section 12. Section 9, Glossary, SmartCode Ordinance No. 2470 N.C.S., definition of
Community Meeting Facility is hereby amended to read as follows:
Community Meeting Facility. A multi - purpose meeting and /or recreational facility typically
consisting of one or more meeting or multi - purpose rooms, which may also include kitchen
and /or outdoor cooking or eating facilities, that area available for use by various groups for such
activities as meetings, parties, receptions, dances, etc. Community meeting facilities include
community center and the following:
Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities
for organizations operating on a membership basis for the promotion of the interests of
the members, including facilities for:
business associations
civic, social and fraternal organizations
labor unions and similar organizations
political organizations
professional membership organizations
other membership organizations
2. Religious Facility. A facility operated by a religious organization to provide a place for
worship, or the promotion of religious activities. This use includes: churches, mosques,
synagogues, temples, etc., and their accessory uses on the same site, such as living
quarters for staff, fund - raising sales, bazaars, dinners, parties, or other outdoor events on
the same site. Other uses defined in the SmartCode and identified in Table 3.1, which
may be maintained by religious organizations, such as full -time educational institutions,
hospitals, or recreational camps, shall be permitted as set forth in Table 3.1 of the
SmartCode.
Section 13. Except as amended herein, the City of Petaluma SmartCode, Ordinance
No. 2470 N.C.S. remains unchanged and in full force and effect.
Section 14. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Petaluma hereby declares that it would have passed and adopted this ordinance and
each and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 15. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Ordinance No. 2552 N.C.S. Page 6
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Section 16. Posting /Publishing of Notice. 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 other applicable law.
INTRODUCED and ordered posted /@d this 21 st day of September, 2015.
ADOPTED this 5th day of October, 2015 by the following vote:
Ayes:
Albertson, Barrett, Mayor Glass, Healy, Kearney, King, Vice Mayor Miller
Noes:
None
Abstain:
None
Absent:
None
ATTEST:
Claire Cooper, City Clerk
avid Glass, Mayor
APPROVED A,S4-0 FORM:
Eric W. Danly, City Attorney
Ordinance No. 2552 N.C.S.
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