HomeMy WebLinkAboutOrdinance 1175 N.C.S. 06/16/1975ORDI1' NO. .1 1:7 5 N. C
INTRODUCED BY COUNCILMAN
SECONDED By COUNCILMAN
William k—Yexry, Jr.
Fred V.*'Mdf tei'
AN "ORDINANCE AMENDING ZONING ORDINANCE . NO-10.32 N.C.S. TO
PROVIDE F-0 . R DEFINITION OF ""AGRI'CULT I URE" AUTOMOBILE RE-
PAIR" I "YARD, FRONT, AND YARD, BACK r 70 PROVIDE -FOR AN R-1
4 , 0 j 00 ZONING, DI'STRICT,-- 4TO PROVIDE FOR AN M-H .MOBILE .HOME
PARK DISTRICT, TO -PROVIDE FOR ADDITIONAL PRINCIPLE USES
VARIOUS DISTRICTS TOAMEND SECTION 20-4.01 RE. SITE PLAN
APPROVAL,, TO, PERMIT FENCES NOT 8 FEET ON REAR
LOT LINES ADJACENT 1. TO MARTERIAL'STREET OR MAJOR HIGHWAY,
TOMODIFY THE . ARGHITECTURAL-AND S:ITE: DESTGN REVIEW PROCESS
AND "t-O ;MAKE : `RELATED TECHNIC 'CHANGES
WHEREAS,• the Planning Commission in its Resolution No. 3 -75
recommended amendments to the text of Zoning Ordinance No. 1072
N'.C.S. and has held the required heating thereon,; and,
WHEREAS., this Council finds that the propas'ed amendments are in
conformity with the Petaluma General Plan and the Environmental
Design Plan and that the p u . ' b . lic necessity, convenience and general,
welfare require the adopt -ion of the'. following -amendments,,,
that Z . oning Ordinance. No. 1072
NOW, THEREFORE BE IT ORDAINED
N.•C. is hereby, 'amended as follows:
Section 1. Article .1,,, Section 1-203 is :hereby amended to
include the following definitions:.
a) Agriculturq., The tilling of the soil, the growing of
crops, hor viticulture, livestock and 'poultry
raising dairying, or animal husbandry as a principal use
on the property.
Automobile Repair,, Ma:jot-'. Automobile body repair, auto-
mobile body painting, upholstering, replace-
ment.-of pdrts,,and motor service to passenger cars and
trucks.
Section 2. Artizlp 1 Section 1 -20.3 is hereby amended by
adding the defin-itions under the heading "Lot".
- Lot.,, Area., The total of the area, measured in a
horizontal planle,within the parcel lines bounding
the lot, exclusive of
Easements for zitt'eets or driveways which are
for the exclus'ive u-s the parcel '(,;lot) on
which hiCh any such is locate4-
2) The access strip required to serve a flag parcel
(lot)
Lot . Line V 't
xon -In the case of an interior, lot, a
ne separating the lot from the . street; and in the
case'of.a corner lot, a line;,teparating the narrowest
lot frontage: of *the lot from the street.
Lot Lin 1. es. The lines bouln'ding'a lot as deflined°
herei-n.
section 3 . Article 1, Section -1 -203 is .hereby amended by
amending the definitions for Yard, Front and' Side to read as
follows:
Yar - d, Front A yard. extending across the full width of a
sitel measured`' between the front property line or - street
plan - line or acc,es's- easement and the structure closest
thereto; the depth of .a front yard is the minimum hori-
zontal distance between the. front, property line or street .
plan line :or access easement and, a line' parallel thereto
on the 'lot touching any part of; a- structure other than
Parts : _herein specifically excepted.
Yard, _ �Sid`e A yard extending- .from the front yard to the
rear, yard, -o from the 'front property l i n e or street plan
'line or' acces,s' ,where• yard -:is provided to
I the - rear' property line where -no "rear yard is provided.
The width of the side yard 'is" the minimum `horizontal
distance between the side property line arid,a line pares
l,lel thereto , on the lot touching and. part of a structure, .
otther„ than parts herein specifically excepted.
Section 4 . Article 4, Section .'6; -60'0 _s : hereby amended by
adding a provision for an R-1- 40,00'0 zoning. district::
Yards In ,Feet
Min. Min. , Min. Max
Ir�t Lot: Lot•. Min. ._One. Aggregate Min. Height
Classi- Area Width .Depth Front 'Side Both Rear Principal
fication (Sq'.Ft'.)
(Ft.) - (Ft.,) ` . Yard Yard ' Side Yards Yard Eutldi ngs.
RL l -'Q, 000: 40,000. 150 150 40 15 35 30 22 -125 Stories
or Section . 5 . ARTICLE 8.1 is hereby added, to prgv %de for a Mobile
Home Park District *as follows;:
ARTICLE
M -:H MOBILE HOME PARK - DISTR'I'CT
SECTION B. 1 =10 :0 PURPOSE - It- is+ the .purpos'e; of, the M -H District, .
to p rovide areas within, the City of Petaluma ,where, the predom`i:-
nant_use will be for mobile,. home'_parks :.' The M - District is
intended to provide, c nvenient, hous,in.g primarily for single
I ersons and couples without children.
SECTION 8 .1 - 200 PERMITTED PRINCIPAL USES The . are
;the principal uses permitted in the M =H Di strict;:
8..1-201' Residential mobile home park..
8.1 -202 All incidental uses located on: ',the same.si:te and
oriented .for the use of the re's of 'the
mobile home park such as-, but not necessarily
limited ,to ,community centers laundry centers
community pool, car wash,,, and other recreational
facili.t
SECTION 8.11- 3:0!0' PERMITTED ACCESSORY USES -'The following are
accessory 'uses permitted-in the 'M -H Di- strict.,
1-3 S - igns`., in accordan with the O f
Section 21- 40'5.2 ,(f)
-2-
:
8.1-302 -Home occupations.,, subj 'dt toy approval by the
Zoning Administrator 'Director of Conuhunity.
Development. Home occupaton'ques.tionnaire must,.
be submitted to assure compl_i.antce with the
; previsions of Section .21-2:0
8.1 -303:2 Off - street parking areas.
i 8.1 -304 Other accessory 'use's and acces!sor..y -building,s
customarily appurtenant -to a' permi'tte in
<_ accordance with 'provi_sions of' Section 21 -20:1.
SECTION ;8_14 , CONDITIONAL USES The following ,are the
conditional uses ,permitted in Hl b str :ct, accordance
with . the. proves• ons,;of .•Art 21 and Section 1 500'.
8..`1 =401 Incidental services, such as restaurants and
retail sales to serge residents may be permitted;
} ; I• proed • there is no ,exterior � evidence vis:ab "le
_.
from any street Itont°age or any display of':
advertising, and such activities are conducted
in space, which are integral parts of a main
building
8.1- 4:02 Sale and display of mobile homes.
8'.1 -403 Public and quasi - public bu -ild ng.s and uses 'of 'a.
r- ecreafo_na =1,, educational .,, ,religious cultural
or public .'service =types,, storage ;or repair';
yards , and wakehduses. <+
Section• 6 . Section 10 -205 and 'S'ection 10 -206 are• hereby added
to Article -10. to. read as;' follows
10 -205 'City and County office buildings including court
rooms and 3'.ail facilities
10 -206 Libraries --
Section 7 . Sec:tion 14 -`2:07 is hereby added to. Article 14-to
read as 'follows.:
1 4- 207_ ...Public and
q uasi- public corporation yards.
Section 8 Article „14, "Section 14 -402 is hereby amended to
read as follows
14 -402 Manufacture, of-food products., pharmaceuticals, and
the l k °e; bu:t. not the 'production- of fish productts',
-- sauerkraut, vinegar, or. the 'like, or the rendering or
,r'e.fini-ng 'of fats and oils.
Section 9 ., - Section 15,-'203' is - hereby added. to. Article 15 to:
read ass . fol'lows :.
15 -203 Public and . - quasi- public cprpor:a:tion yards
' Section 10 . - -Article 2.0,, Section 2,0' -410 is ; hereby amended to
read as follows _... „
Site Plan Approval _ All parking facilities except those "pro-
wiled. for permitted. pr` nciple. uses in the A,, R 1 rand R -C Di.s:tr ._cts'
shal
1 =be subject, to site .plan approval •as provided in Article
:26 of this ordinance,, and all areas °not. used for parking. 'space's
and access 'drives shall; be landscaped In accordance with the
standards of Article '2:3` herein,'.:
Section 11 . Article 21, Sections 21 -4:05, and 2`1 -405.1 are
hereby repe'a'led.
Section_12 Art,ic le: 21;,.Section,, 4.05.2 is hereby retitled to
read as follows; `.
21 - :405' General Provis ions'- for Mobile Home Parks.
Section 13 Article 21 Section :21-406 -is. hereby amended to
read as follows,:,
21 -406 Tempo "rary Subdivision Sale "s; Offices One temporary
sales office in a . subdivision of ..not less, than five
(5•) acres. located not less than two hundred ( 2,0;0 )
feet from,-any existing .dwelling outside of the sub -
v15 Io measured` a l o ng , •istreet ,, lines shall. be p e r-
mitted subject. to p the'- grants of.
rm a subdivision sales
office peit_ A ermit for a. subdivision, sales
office may be issued by the Zoning Administrator
(Director' 6t-'-Community Development), :at any. time' after
thb 'recordation, of the Subdivision• and shall become.
- void one, (`l j. ` year following the, date -on which the
permit' was issued, - and the off ice shall be- removed
unless thirty (30) days prior to the expiration of
one (1) year, renewal of the °permit for an additional
period. of `not more than one (,1,) year shall be ap:-
proved by the Zoning Administrator. (Director of
Community Development)
Section 14 .' ,A cle 21 Section'- 21=- 4,06,.: is - hereby added to
read as fo,llows�:
21.406.5 Mobile Office Trailers shall be. ,permtted as a tem-
porary, us'e in Commercial Zones and,, Districts except
the C =N and C -C Zones' or Districts and any Commercial -
Zone located within Fire Zone No... 1, and shall also
be permitted, in M - L and M - G Zones 'or Districts sub
j ect to the granting of a mobile off ice: trailer
I ermit. The permit for the mobile office. trailer
shall ; be issued by the Zoning- Administrator (Director
of Community - Development) subject to 'the following
conditions
a_ A mobile office traa.ler shall, ,be permitted on a
lot -or contiguous lots° under, one- ownership. The
i
lot or contiguous lots shall have a minimum area
I of twenty thousand (2.0,000) square feet. with a
minimum. fr_ontag.e of seventy (70) feet and with a
minimum depth.of one hundred (1.00) feet.
The. mobile office trailer rshal -1 be placed so as
to provide -a front - yard setback of not less than
f ifty (5:0) feet,• and located, so that the mobile
office trailer shall be not• less than twenty
(20)-feet from any existing b,u`ild ng_s or: strut-
tures on or of:f the site. Side yard `and, rear
y,and . setbacks shall be not less than the setback.
required for the zone: or district of the site.
`The location•, the spacing, and the mobile _office
trailer sh all first have received approval of
the YP, , design arid'
Fire Chief and, the, Building. Official. The.
t e , location of the ,mobile office
... -
trailer :shall not. be incompatible with the
adjacent development..
i
'd. The mob-1,e ' of .f ice trailer' shall be of a type
that is .designed, specif - cally for office use,
„ �sha'll be `in good presentable condition and
licensed by-the. State of: California.
The , ;.permit for the .mobi`le office trailer 'shall
= = �bec°ome, void twelve (1 -2) 2 following
- thb`date upon.which the permit °was issued, and
the mobile office trailer shall be removed
unless- thl r-ty�'(30)' - days prior to- expiration
date,,- thee- .renewal - of the permit for a period of "
i not .more an additional :six .(6) months shall
be- approved by the; Zoning Administrator ( "Direc-
tor of Community Development). In no event
shall a,; mobile o,ffic "e- tra =ter be placed in any
=' permitted•; zone .or; .distric't; for, long than
. I
' e ig 18')_ months'. {
Section,'15 Art 21, Sections 2'1= 406.1, 21- 406.2, 21 -406.3
'and 21 - 40 6.1 4 are 'hereby •repealed..
Section, 16 ... Article 23, Se ction 23- 305-' is hereby amended to
read as follows:.
23 - 305 Along•a -lot line in or adjacent to -an "A or R District,
except as specif in `'Section- '23- 2,06 required
screening shall not be higher than six (6) feet and
necessary trimming.or"prunng shall be, employed to
maintain 'thisµ height. However,, if a .rear lot line is
adjacent to an arterial.,stree't or major highway (as
- established by• the C:i-ty Council): screening along the
r -ear lot line 'shall not 'higher than eight (8) feet
i and shall be'. subj ect•. to site: design review.. Site
de.s`ign . review :shall be provided at,. no additional
charge upon - appl= ication. for ,a fence permit.
Section 17 . • .Article 24, Section 24 - is hereby amended to
read as .follows:'
SECTION 24 - 5',0,0 OTHER EXCEPTIONS Fences, .walls` .hedges, and
retaining wall's shal`1 be no higher than six; (6) feet, _except as
specified in Section 23- '3.05,, and' may occupy any required yard .
or other open space' except. 'that fences and walls shall be no
higher than three (3). feet,' six (6) inches `when' located in the
`required front setback area, the required setback area
along the side street of a corner .lot and along the or
side property line of a reversed corner lot -where it abuts the
front yard of the adjoining, key lot; as shown on the Residen
tial Fence Location Exhibit; Drawing No. 1_ .No obstruction in
excess of three ;,(3 )' f six (6) inches In height shall .,be
located on a corner' ,lot , within the front yard "and street sideyard
setback area,' except that- trees shall be ,permitted.. Fences in
all except R -1 Districts: shall be. stibject to`.arch tectural. and.
site plan approval as tol location,.height, and material.
Secti.oii 18 . Article - 26' :Sections' 26- 403,1, 26- 403..2, 26-403.3
and 26 -403. 4` are her•eby,' added 'to read as" follows'
26 403•:1 In'the event the 'Director of Community Development
refers an application °o the -Archi =tectural &' Site
i' D " esign Review Committee- with recommendations, the
1 ' applicant sha be so notified and - a hearing date.
shall' be; established.. On the - date : f.or said hearing,,,;
G the Architectural & Site Design, Review Committee may
require the Director of Community Development or his
staff to he
a report and shall permit the applicant
to,pres,ent any evidence which the Comm -lttee deems to
be relevant to said application. 'At. the conclusion
o;f such hearing the Architectural .& Site Design
Review Committee sha l recommend to the' Planning
Commis ion 'to approve., dsapprove,or approve with-
mod'if ica the subjrect ;project.
2.6- 4'03.2
- After receiving the - .recommendation ' of the Director of.
Community, Development. or of the Architectural & Site
Design.. Review Committee, the P`larining Commission
shall, take, action on the matter a.t. i,ts: next regular
c
meeting. At that meeting the P'lann'ing 'Commission may,
on its own motion, or shall i t. if. requested .by the
applicant, hold a hear ng, to consider all. relavent
evidence pertaining .to the matter and'shall, there- `
"..after ,make - ..its, dec- s on.. If. a_hear ng.. s to :be held,.
.,-
..- the applicant ,shall be _given f. Ve days written notice
of the: time, place, and- subject, - .of: such hearing. In
the � event' that no hearing is., requested or held, the:
matter may ,appear, on ,the re.' agenda. of the Plan-
ning_ Commission at -s:u'ch, meeting.
26- 403..3
The decision of the Planning Commission pursuant to
Section 2.6-403..2 may be appealed to th'e' City. Council.
2'6 -403.4
An appeal•: from a decision of the Planning Commission
shall be fi1,ed, writing with. the. .City Clerk not
later -than 1'S .days, °following the date o -f notification.
of the decision of the Planning Commission. If no
'
appeal is -taken within :tha=t, time the^. decision shall
be final,.,.,, The aAPeal "shall set -: gtth the basis for
the ,appeal acid the .relief: sought by 'the applicant..
- ,
.. The! Clerk-:shall establish a hearing da -,te not 'later
i
than. 3;0; days: following the. ; filing ; of the appeal and
shall:_ notify all intere=sted per=sons: in writing' of the
time,,, :and ;paace, of the . hearing ,at ,least ,ten (10.) days
prio to, -the hearing date:.
r
Section
19 . Article; 26, Section Z6.40'3 is amended to read as,
fol
26 -403
Investigation_ Report, Thee Director' bf Community
Development shall determine from data submitted
whether the proposed use wi ; meet, .th req ui rem e n ts
o thi,s .ordinance. and shall either - :(,1,) 'prepare a
report for .the 'P,lannirg. Commissgn in which a r,ecom=
mendat on Of approval,'. disapproval or approval with .
s. mad• or (2) . when in
modif ica °tions, on the prod eet, . i e_
his discretion he deems;. ,it necessary, prepare a
report with recommendat ion s. ;and submit said report
the Site Design. Review Committee,=
•
Section
20 ,. Article 26, Sections. 26= 509 ".1 and 26- 50:9,.2, are .
hereby amended to read ds� follows:
26 -509.1
P o any provision of this
ordinanceatoon
ct to a condition or
conditions,,. -upon failure to comply with the. condition
or conditions.; a certified let -ter sh`al1 be sent to.
r
- „the permittee.:nforming lam that ;he'has twenty, (20)
- calendar - - , days” from. the date the is received to
,letter
comply, wi °th the provisions and conditions : of the Use
_
Permit. I'f ,,after - twenty (20) : days, has ,elapsed the.
permittee has failed._to comply with the provisions.
and conditions of the Use- Permit, the Director. of
:.
Community Development shall send .a,..cer-t'i `.ied letter
-. -6- -
to the permittee suspending the -Use Permit. The
suspension will be in effect for twenty (20) ca.leindar
days from the date of notification 'and will require
that the - use being allowed under the' Use Permit be s'
su'spended.. If , of ter' the twenty ('2.0) days suspen-
s o.n, the viola•tion..has not an -
Use, tbshallebedredokor
Appeal filed, th °e `Use, Perm ed'. With
PP
ten (10,) days of issuance of the suspension, the
'd'ec "ic on of - the Di.rec.tor- of. Community Development may
be appealed to the Planning Commiission..: - The. Planning'
Commission shall hold a hearing within - thirty (30)
days, in accordance with the 'procedure prescribed.in
Section 26-507, and if not satis,f'ied that • the r-egula-
t on, . general provision or condition Is 'being' com-
plied. with, may revoke the Use Permit or `take such
„
action 'gas `may be necessary' to ensure compliance .with
the regulation .,:•general.provision; or condition.
During 'this appeal ,period; the Us,e Permit shall
_...
remain suspended., In 'the.' event. the determination I
to suspend or revoke sad permit, the permittee may,
within ten (l0,) calendar days'; appeal . such decision
to. the City Council. The City Council shall l review
th d ,eGlSlo n in -. acco rdan ce with the procedure pre-
scribed in' Section 26- 5 0.7.,
2 -
26- 509.2
where Conditional Permit has, not
In any case a, Co
after the
been, used within one (1), y date of
granting thereof,, the..permi•t° shall be revoked unless
thirty, (3'Q'j days ,prior' to `the one ('i) year expiration
date, renewal ' of; the permit for an additional . period
-than one year -shall be "approved by
of „not more (1)
the Administrator ('Director f Community
'
,Zoning
"OevelcpmenYt) 'If a,ft'er the- one t.l)�year exten,s on-
period; has expired, a Conditional `Use .Permit has not
'
been used; :then without further- action the ; permit• -
i -
shall be - revoked and ..be null and void.
Section
21 . Article 27, Section 27 -401 is hereby amended. to
read as follows
2,7 -401
notice of Public Hearing Notice of the time,, and
place of the hearing shall be published'in a hews-
paper of general circulation in the City of Petaluma,
at least ten (10) ' days prior to, said public hearing,
o by mailing =, p ost - ag e prepaid, a notice o th time
and p of, thel hearing to' a persons who names
appear-on the latest . adopted tax role of Sonoma. _
County :as owning property within :three hundred (300)
f,ee.t of the boundaries of. the property :that, is the
subject of the hearing,
Section
22 . Article 27, Section 27 -8`00. ,is, hereby amended to
read - is follows
27 -&00
Changes by City Council If the City Council pro`-
the:
poses to `amend the Zoning Ordliriance in form
altered from said amendment 'as recommended�by'the
Planning Commiss -ion; or from an amendment which as
'been denied by the Planning Commission,- "the City .
Council shall, refer said matter back, to the Planning
Commission for report and, recommendation before
adoption. The fai -lu -re lof the Planning Commission to
report within ,forty (40) days after referral shall be.
deemed to.be approval "of the proposed changes-
- 7 -
Section 23 .'7'' The City Clerk be., and' she is hereby,* directed to
publish this ordinance for the period and in the manner required by
the City Charter,
INTRODUCED ,AND ORDERED : PUBLISHED. this. 2nd ' pf June, 1975.
1
ADOPTED" 16th day ofi June, 1975, .by the following vote:
AYES: I Councilmen Brunner,, Cavanagh Dalv., Harb`ers,on Mattei , Perry
and ,Mayor Putnam.,
NOES: None
ABSENT;: None. _ -
-
Lit
ayor
"a
4 L
I hereby certify that the within ordinance was published in full once in the Petaluma Argus - Courier, a daily paper of
19 75
general circulation, published within the City of Petaluma, to -wit .............. June
..............
13 ................... ............................... -
and that the said Petaluma Argus- Courier is the official newspaper of the City of Petaluma.
I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, Iand that the
foregoing ordinance was passed by the Council at its meeting of ........ .16th xday of ......._.__.June •.•
19 ..75., by the following vote, to -wit:
AYES: COUNCILMAN ....... ....Brunner COUNCILMAN: ... Harbe
..:...
Cavanagh
AYES: COUNCILMAN . ... ............. ......... -• ... ... ..........•- -•-- ............ COUNCILMAN: ......... Mattel ..... ............................
......
AYES: COUNCILMAN ........... Daly............................... .............. COUNCILMAN: ......... Perry....................................
MAYOR ............. Putnam
"--------•------• .................... ....... ........................
NOES: None .
.......... ...................... .. ....... ....•-•-•-•-- -----............---_._....._.
ABSENT: None.
- - --- - -" ... ... ........ ......... *--- - -• ---- �j2
_ATTEST: .-- • ... .. ....... . . . ... ...... .. . =--- � /....- --�?/-- ••--- •-•-•• - -•
(SEAL) CITY CZERK
The foregoing Ordinance Number ... 117.5 .. eW Charter Series, having been regularly passed and presented to me
this ....... 16th 75 16th da
day of ..:.....: June ............................ °-- ....__., 19.......- is hereby approved by me this_......... -- .... y
June ....._, 19 - - - -75 Effective date- - - - - -. July 16? 1975._.......
of ................ ........•.
CC-7-6/64 • ......... . . . .• _ . ..... t/
MAYOR