HomeMy WebLinkAboutOrdinance 2553 N.C.S. 10/05/20151
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EFFECTIVE DATE ORDINANCE NO. 2553 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 10, SECTION 10.020 - DEFINITIONS TO ADDRESS CONSISTENCY
WITH ASSEMBLY BILL 1147 THE MASSAGE THERAPY 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, on October 17, 2013 the City Council adopted Ordinance No. 2473 N.C.S.
adding Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of
Petaluma Municipal Code; and,
WHEREAS, the Massage Therapy Act was signed into law on September 18, 2014 and
became effective on January 1, 2015; and,
WHEREAS, in order to bring local regulations into compliance with the Massage Therapy
Act staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter
10, Section 10.020 - Definitions; 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. 2015-11, recommending that the City Council adopt the amendments; and,
WHEREAS, the amendments are categorically exempt pursuant to 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,
Ordinance No. 2553 N.C.S.
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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,
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 proposed amendments to the City's Implementing Zoning Ordinance
Chapter 10: Adult Oriented Business contained in Exhibit A are in general
conformity with the Petaluma General Plan 2025. In particular, Goal 1 -G -1 of the
General Plan which seeks to: "Maintain a balanced land use program that meets
the long -term residential, employment, retail, institutional, education, recreation,
and open space needs of the community."
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 Massage Therapy 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 and SmartCode that do not
result in significant changes in allowable land use or density.
Section 2. Section 10.020.C.12 of the City of Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S. is hereby repealed.
Section 3. Section 10.020C.13 through Section 10.020.C.18 of the City of Petaluma
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby renumbered to read as
follows:
12. Other Adult Entertainment Businesses. Any other business or commercial establishment not herein defined:
a. Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial
portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to
"Specified Sexual Activities" or "Specified Anatomical Areas "; or
b. Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments and
paraphernalia which are characterized by an emphasis on depicting, describing, or relating to "Specified Sexual
Activities ".
13. School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study
required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education.
This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any
special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational
or professional institution or an institution of higher education, including a community or junior college, college or university.
14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following "zoning districts" as defined
in the Petaluma Zoning Ordinance: C1, C2, MU1A, MU1B, and MU2.
15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation purposes owned by,
dedicated to, leased to, or operated or maintained by the City.
Ordinance No. 2553 N.C.S.
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16, Residential Zone. As used in Chapter 10, a residential zone shall include the following "zone districts" as defined in the
Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit Development (P.U.D.) and
Planned Community Development (P.C,D.).
17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and recognized as a site of
public gathering and worship. This shall include church operated childcare /nursery or preschool facilities.
Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 7. 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 /shed this 21St day of September, 2015.
ADOPTED this 51h 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
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David Glass, Mayor
APPROVED A'SIO FORM:
Eric W. Dante City Attorney
Ordinance No. 2553 N.C.S.
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