HomeMy WebLinkAboutOrdinance 2551 N.C.S. 10/05/20151
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EFFECTIVE DATE
OF ORDINANCE
November 5, 2015
Introduced by
Kathy Miller
ORDINANCE NO. 2551 N.C.S.
Seconded by
Gabe Kearney
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT
OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 7,
SECTION 7.050 - HOME OCCUPATION PERMIT TO IMPLEMENT CALIFORNIA
ASSEMBLY BILL 1616 REGARDING THE COTTAGE FOOD ACT
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, in order to bring local regulations into compliance with the Cottage Food Act,
staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 7
Section 7.050 - Home Occupation Permit to amend the prohibition on food handling by adding
an exception for those types of food handling, processing, or packing activities permitted by the
Cottage Food Act and to adhere to all applicable requirements of the state bill and a
requirement to obtain a separate clearance from the County Health Department as mandated
by the Cottage Food Act; 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 -09, recommending that the City Council adopt the amendments; and
WHEREAS, the amendments are categorically exempt pursuant to CEQA Section 15305
(Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to
the Implementing Zoning Ordinance that do not result in significant changes in allowable land
use or density; and,
WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public
hearing before the City Council to consider the amendments was published in the Argus-
Courier; and,
Ordinance No. 2551 N.C.S.
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WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly
noticed public hearing to consider the amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds:
The provisions amending the IZO, Chapter 7, Section 7.050, Home Occupation
Permit, as hereinafter set forth, (collectively, "the amendments "), are in general
conformity with the Petaluma General Plan 2025 because the amendments
implement the goals, policies and programs of the Economic Health &
Sustainability Element that seek to retain and attract "basic" economic activities
that bring dollars into the local economy by exporting products and services to
the outside and help to provide an array of employment opportunities to existing
and future residents by assuring diversity in Petaluma's industry and enterprise mix.
2. The proposed amendments are consistent with the public necessity, convenience
and welfare in that they ensure Petaluma's land use and zoning regulations are in
compliance with the Cottage Food Act.
3. The amendments are categorically exempt pursuant to CEQA Section 15305
(Minor Alterations in Land Use Limitations) in that the amendments involve minor
modifications to the Implementing Zoning Ordinance that do not result in
significant changes in allowable land use or density.
Section 2. Section 7.050.F of the City of Petaluma Implementing Zoning Ordinance,
Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
Examples of uses which will not be considered as home occupations. The uses specified
below shall not be permitted as home occupations because by their nature they have one
or more of the following characteristics: equipment or machinery of a type or quantity not
typically found in the home; need for outside storage; parking needs greater than what can
be provided on -site; need for special permits (e.g., health, ABC, Federal Firearm, etc.); need
for extensive alteration to the residence or lot. The uses specified below shall not be
permitted as home occupations:
1. Auto or vehicle repair, or tune -up.
2. Barber shop /beauty salon.
3. Card - reading astrological services.
4. Class instruction on premise with more than two students at any time.
5. On -site painting services (auto, boat, appliances, etc.).
6. Care, treatment, or boarding of animals for a fee.
7. Gun repair, sale of guns or ammunition (sale of five or fewer guns a year is exempt
from this section).
8. Activities involving substantial amounts of dangerous or hazardous materials,
including but not limited to pesticides, herbicides, poisons, and highly flammable
materials.
9. Any food handling, processing, or packing, except for cottage food operations as
defined in California Government Code section 113758 that must be permitted
pursuant to the Cottage Food Act California Government Code section 51035.
Ordinance No. 2551 N.C.S.
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Section 3. 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.
Section 4. 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 5. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 6. 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 /publi-shed this 21St 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
David Glass, Mayor
APPROVED,AS TO FORM:
Eric W. Danly, City Attorney
Ordinance No. 2551 N.C.S.
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