HomeMy WebLinkAboutStaff Report 3.B 12/19/2011Agenda Item #3.B
FFECTIVE DATE
OF ORDINANCE
ORDINANCE NO. 2422 N.C.S
I n t r o d u c e d b y S e c o n d e d b y 1
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 4, 8
SECTION 4.030, ALLOWABLE LAND USES AND PERMIT REQUIREMENTS; ADDING SECTION 9
7.100, BED AND BREAKFAST INNS TO CHAPTER 7, STANDARDS FOR SPECIFIC LAND USES; 10
AMENDING CHAPTER 8, ALCOHOLIC BEVERAGE ESTABLISHMENTS, SECTION 8.030, ZONES 11
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS; ADDING SECTION 8.035, TASTING ROOMS; 12
AMENDING CHAPTER 24, SECTION 24.010, SITE PLAN AND ARCHITECTURAL REVIEW; 13
AND AMENDING CHAPTER 24, SECTION 24.030, CONDITIONAL USE PERMITS, 14
OF THE CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE 15
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WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) 17
provides in pertinent part that no amendment that regulates matters listed in Government Code 18
Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the 19
amendment to be in conformity with the General Plan; and, 20
21
WHEREAS, on November 15, 2010 the Petaluma City council accepted the Petaluma 22
Economic Development Strategy which identifies filling nonresidential vacancies and expanding 23
tourism among other strategies as short-term, high-priority economic development initiatives for 24
improving Petaluma’s economic climate; and, 25
26
WHEREAS, staff has proposed a series of provisions amending the IZO, Chapter 4, 27
Section 4.030, Allowable Land Uses and Permit Requirements; adding Section 7.100, Bed and 28
Breakfast Inns to Chapter 7, Standards for Specific Land Uses; amending Chapter 8, Alcoholic 29
Beverage Establishments, Section 8.030, Zones for Alcoholic Beverage Establishments and 30
adding Section 8.035, Tasting Rooms; amending Chapter 24, Section 24.010, Site Plan and 31
Architectural Review; and amending Chapter 24, Section 24.030, Conditional Use Permits, as 32
hereinafter set forth, (collectively, “the amendments”), in order to reduce barriers to filling 33
existing vacancies, and promote economic development; and 34
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WHEREAS, a public notice of the October 11, 2011 public hearing before the Planning 36
Commission to consider the amendments was published in the Argus-Courier on September 29, 37
2011; and, 38
39
WHEREAS, on October 11, 2011, the Planning Commission held a duly-noticed public 40
hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 41
24.010; and, 42
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Ordinance No. 2422 N.C.S. Page 2
WHEREAS, after the conclusion of said public hearing, the Planning Commission 1
adopted its Resolution No. 2011-04, recommending that the City Council adopt the 2
amendments, with modifications; and, 3
4
WHEREAS, on November 24, 2011, a public notice of the December 5, 2011 public 5
hearing before the City Council to consider the amendments was published in the Argus-6
Courier; and, 7
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WHEREAS, on December 5, 2011, the City Council of the City of Petaluma held a duly 9
noticed public hearing to consider the amendments. 10
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FINDINGS 12
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The City Council of the City of Petaluma hereby finds: 14
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1. The provisions amending the IZO, Chapter 4, Section 4.030, Allowable Land Uses 16
and Permit Requirements; adding Section 7.100, Bed and Breakfast Inns to Chapter 7, Standards 17
for Specific Land Uses; amending Chapter 8, Alcoholic Beverage Establishments, Section 8.030, 18
Zones for Alcoholic Beverage Establishments and adding Section 8.035, Tasting Rooms; 19
amending Chapter 24, Section 24.010, Site Plan and Architectural Review; and amending 20
Chapter 24, Section 24.030, Conditional Use Permits, as hereinafter set forth, (collectively, “the 21
amendments”), are in general conformity with the Petaluma General Plan 2025 and the Central 22
Petaluma Specific Plan because the amendments are expected to reduce existing vacancies, 23
encourage new development, promote job growth, and assist in the preservation of historic 24
structures, thereby contributing to the City of Petaluma’s economic base, yielding net fiscal 25
benefits and strengthening the vitality and diversity of the community. 26
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2. The public necessity, convenience, and general welfare clearly permit the 28
amendments. 29
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA THAT THE 31
CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE IS AMENDED AS FOLLOWS: 32
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Section 1. The Table of Contents is hereby amended to add “Section 7.100, Bed and 34
Breakfast Inns” to the Table of Contents, Chapter 7, Standards for Specific Land Uses; and to add 35
“Section 8.035, Tasting Rooms,” to the Table of Contents, Chapter 8, Alcoholic Beverage 36
Establishments. 37
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Section 2. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit 39
Requirements, Footnote 6 to Tables 4.1 through 4.5 is hereby amended to read as follows: 40
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Note: 42
(6) Permitted use on an upper floor or behind ground floor street fronting use; use in other 43
locations allowed subject to a CUP. 44
45
Section 3. Chapter 4, Zone Districts and Allowable Land Uses, Section 4.030, 46
Allowable Land Uses and Permit Requirements, Tables 4.1 and 4.2 are hereby amended to read 47
as follows: 48
49
50
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Ordinance No. 2422 N.C.S. Page 3
Natural and Rural Zones
TABLE 4.1
Allowed Land Uses and Permit
Requirements for Natural and Rural Zones
P(16) Permitted Use
CUP Conditional Use Permit Required
S Permit Requirement in Specific Use
Regulations
A Accessory Use
— Use Not Allowed
LAND USE TYPE (1)
Permit Required by Zone Specific Use
Regulations OSP AG RR R1
LODGING
Lodging - Bed & Breakfast Inn (B&B) — — — CUP Section 7.100
Residential Zones
TABLE 4.2
Allowed Land Uses and Permit Requirements
for Residential Uses
P(16) Permitted Use
CUP Conditional Use Permit Required
S Permit Requirement in Specific
Use Regulations
A Accessory Use
— Use Not Allowed
LAND USE TYPE (1)
Permit Required by Zone Specific Use
Regulations R2 R3 R4 R5
LODGING
Lodging -Bed & breakfast inn (B&B) CUP CUP — — Section 7.100
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Section 4. Chapter 7, Standards for Specific Land Uses, of the City of Petaluma 3
Implementing Zoning Ordinance is hereby amended to add Section 7.100 entitled “Bed & 4
Breakfast Inns” to read as follows: 5
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7.100 Bed & Breakfast Inns 7
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This Section provides requirements and conditions for the establishment and operation of a bed 9
and breakfast inn (B&B) within a residential zoning district. 10
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A. Purpose. The intent of this section and the standards outlined below are to assist in 12
preservation and adaptive reuse of the city’s historic resources, to serve visitors of 13
Petaluma, to ensure that bed and breakfast inns are compatible with the residential 14
area and to preserve the residential character of the neighborhoods in which they 15
are located. 16
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B. Permit Required. No bed and breakfast inn shall be established within a residential 18
zoning district where otherwise allowed as outlined in Tables 4.1 and 4.2 without 19
application for and approval of a conditional use permit in compliance with Section 20
24.030. 21
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Ordinance No. 2422 N.C.S. Page 4
C. Findings. In addition to use permit findings required by Chapter 24.030, the decision 1
making body shall make the following findings prior to approval of a use permit for 2
the establishment of a bed and breakfast inn in a residential zoning district: 3
1. The establishment of the bed and breakfast inn is consistent with General Plan 4
policies regarding historic preservation; 5
2. The bed and breakfast inn use will not be detrimental to the historic or 6
architectural character of the existing building(s); and 7
3. The bed and breakfast inn use is compatible with and will not be detrimental to 8
the character of the neighborhood and surrounding land uses. 9
10
D. Requirements and Conditions. The following requirements and conditions apply to all 11
bed and breakfast inns within residential zoning districts: 12
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1. Adaptive Reuse. Establishment of bed and breakfast inns shall be limited to the 14
adaptive reuse or conversion of an historic or architecturally unique residential 15
structure and shall not require significant exterior modifications that would 16
diminish the uniqueness or significance of the residential structure or surrounding 17
neighborhood. 18
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2. Concentration. When a new bed and breakfast inn is proposed within 300 feet of 20
another bed and breakfast inn, the decision-making body shall make an 21
additional finding prior to approval of the use that the new bed and breakfast inn 22
does not harm the character and/or use of adjacent residential properties. In 23
considering the findings required by this subsection and subsection 7.100.C 24
above, the decision maker shall also consider the number of existing and 25
proposed bed and breakfast inns within 300 feet of the proposed use in 26
determining whether the proposed use is compatible with and not detrimental to 27
the character of the neighborhood and surrounding land uses and not harmful to 28
the character and/or use of adjacent residential properties. 29
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3. Modifications. New structures or additions to the existing structure shall be 31
designed to maintain the established residential character and scale of the 32
individual property and the surrounding neighborhood. 33
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4. Limit on Maximum Number of Guest Rooms. The number of guest rooms permitted 35
shall be determined in the conditional use permit process based on the size of 36
the existing building, grounds and site; the relationship of the site to the 37
character, size and scale of surrounding neighborhood buildings; and visitor 38
access and parking. In general, the number of guest rooms should not exceed 7. 39
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5. On-Site Manager. An on-site manager shall maintain residence on the site. 41
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6. Length of Stay. Visitor occupancy shall be limited to a maximum of twenty-nine 43
consecutive days. 44
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7. Food Service. Food service shall be limited to registered overnight guests only 46
and shall not include an independent restaurant. Cooking facilities in individual 47
guest rooms are prohibited (with the exception of microwaves and coffee 48
makers). 49
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8. Events. Amplified music, lawn parties, outdoor weddings, and other similar 51
activities shall not occur on site unless specifically allowed through the approved 52
Ordinance No. 2422 N.C.S. Page 5
conditional use permit. All such ancillary uses shall comply with city performance 1
standards, including but not limited to the performance standards in Chapter 21. 2
3
9. Signs. One on-site sign shall be allowed on each street frontage. If illuminated, 4
signs shall be indirectly illuminated, and each sign shall not exceed two square 5
feet in area, consistent with Section 20.110(B)(4). 6
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10. Parking. On-site parking shall be provided as required in Table 11.1 for Bed and 8
Breakfast Inns. 9
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11. Transient Occupancy Tax. Bed and breakfast rentals shall be subject to the City’s 11
transient occupancy tax. 12
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E. Public Notice. Noticing for bed and breakfast inn applications shall include mailed 14
notice to properties within 1,000 feet of the proposed use. 15
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Section 5. Chapter 8, Alcoholic Beverage Establishments, Section 8.030, Zones for 17
Alcoholic Beverage Establishments, is hereby amended to read as follows: 18
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Section 8.030 – Zones for Alcoholic Beverage Establishments 20
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Alcoholic beverage establishments are conditional uses only in the commercial and mixed use 22
zones, C1, C2, MU1A, MU1B, and MU2 and in certain P.U.D.s where appropriately designated as 23
identified by the Zoning Ordinance and General Plan. A tasting room which qualifies as an 24
ancillary use pursuant to Section 8.035 may also be allowed in the industrial and business park 25
zones, I and BP. 26
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Section 6. Chapter 8, Alcoholic Beverage Establishments, is hereby amended to add 28
Section 8.035, Tasting Rooms, to read as follows: 29
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8.035 – Tasting Rooms 31
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Tasting rooms associated with an alcohol production facility may be considered ancillary to the 33
primary use and approved by the Zoning Administrator as provided by Section 24.030(M), upon 34
compliance with all of the following criteria: 35
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A. The tasting room shall be located on the premises of the alcohol production facility 37
and operations shall be ancillary to the primary use. “Ancillary” for purposes of this 38
section means subordinate, auxiliary, smaller and less intensive than the primary use; 39
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B. The tasting room shall not operate as a stand-alone bar or tavern; 41
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C. The tasting room shall only serve and/or sell those beverages produced by the 43
company on site; and 44
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D. The tasting room shall comply with all applicable ABC and State regulations for wine, 46
beer, and distilled spirit manufacturers and tasting rooms. 47
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E. In addition to satisfying all of the above criteria, prior to issuance of a minor 49
conditional use permit hereunder, the Zoning Administrator must determine that the 50
minor conditional use permit also meets the general welfare standard set forth as a 51
required finding for conditional use permits in Section 24.030.H. 52
Ordinance No. 2422 N.C.S. Page 6
1
Section 7. Chapter 24, Administrative Procedures, Section 24.010, Site Plan and 2
Architectural Review, Subsection 24.010.I, Expiration of Permit, is hereby amended to read as 3
follows: 4
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I. Expiration of Permit. Site Plan and Architectural Review approval shall 6
automatically expire twelve (12) months after approval unless the permit has been 7
exercised or unless an extension of time is approved in compliance with subsection J. The 8
approval shall not be deemed “exercised” until the permittee has commenced the 9
approved use on the site in compliance with the conditions of approval or an 10
application for building permit has been submitted in compliance with the conditions of 11
approval. The approval shall remain valid after it has been exercised as long as a 12
building permit remains active or a final building inspection or certificate of occupancy 13
has been granted. Upon expiration of Site Plan and Architectural Review approval, no 14
further work shall be done on the site until a new approval is first obtained. 15
16
Section 8. Chapter 24, Administrative Procedures, Section 24.010, Site Plan and 17
Architectural Review, Subsection 24.010.J, Extension of Time, is hereby amended to read as 18
follows: 19
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J. Extension of Time. Upon submittal of an application to the Community 21
Development Department on a form prescribed for this purpose by the Department, the 22
Director may extend the time limit established in subsection 24.010.I. for Site Plan and 23
Architectural Review approval. 24
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1. The application filed shall include a written request for an extension of time 26
and shall be filed at least 30 days prior to the expiration of the site plan and 27
architectural review approval, together with the filing fee required by the 28
adopted fee schedule. 29
30
2. The Director shall determine whether the applicant has made a good faith 31
effort to exercise the approval. The applicant shall provide substantial 32
evidence that circumstances beyond the control of the applicant have 33
created an inability to commence the use or apply for a building permit 34
within the time period in subsection 24.010.I. For purposes of this subsection 35
only, such circumstances may include but are not limited to financial 36
hardship, temporary delay or unavailability of funding, unanticipated delays 37
in securing necessary property rights for the project and/or unanticipated or 38
abnormal weather conditions sufficient to delay commencement or 39
completion of construction or pre-construction activities. The requirements of 40
this subsection requiring the provision of substantial evidence shall not apply 41
to city public facility projects. 42
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3. The Director may grant up to three 12-month extensions to the expiration date 44
of the original approval only upon the Director’s determination separately for 45
each extension that conditions of the site and in the vicinity of the project are 46
substantially the same as when the permit or approval was originally granted 47
and/or that any changes which have occurred do not affect the validity of 48
the findings for the original approval, that the project remains in general 49
conformance with General Plan and zoning ordinance requirements and that 50
the applicant has made a good faith effort to exercise the approval. Only 51
Ordinance No. 2422 N.C.S. Page 7
one 12-month extension may be granted at a time. More than three 1
extensions may be granted for city public facilities projects. 2
3
4
Section 9. Chapter 24, Administrative Procedures, Section 24.010, Site Plan and 5
Architectural Review, Subsection 24.010.K, Reactivation, is hereby added to read as follows: 6
7
K. Reactivation. Expired site plan and architectural review approvals may be 8
granted reactivation by the Director upon a determination that the conditions stated for 9
granting extensions pursuant to subsection L above are met. The application for 10
reactivation shall be in general conformance with General Plan goals and policies and 11
zoning ordinance requirements in effect at the time of application for reactivation. Any 12
reactivated project must comply with said requirements and with current building codes. 13
The property owner/applicant must request reactivation by July 31, 2012 by submittal of 14
an application and payment of application fee, which shall be the same as the fee for 15
an extension of time. Applications for reactivation submitted later than July 31, 2012 shall 16
not be accepted. This subsection shall expire after July 31, 2012, and shall be of no force 17
or effect thereafter, unless otherwise amended. 18
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Section 10. Chapter 24, Administrative Procedures, Section 24.030, Conditional Use 20
Permits, is hereby amended to read as follows: 21
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24.030 - Conditional Use Permits 23
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A. Purpose. The purpose of the conditional use permit is to ensure the proper 25
integration of uses which, because of their special nature, may be suitable only in certain 26
locations and only provided such uses are arranged or operated in a particular manner. 27
In addition to the review described herein, any proposed conditional use shall be subject 28
to site standards set forth in Section 24.010 (SPARC review). Additional application shall 29
be required and additional fee shall be charged for site plan and architectural review. 30
31
B. Application. Application for a conditional use permit shall be made by the 32
property owner or certified agent thereof to the Planning Commission on a form 33
prescribed for this purpose by the City of Petaluma and shall be accompanied by such 34
additional documents or supporting material as may be required for review of the 35
proposed use, including where appropriate, the plans, drawings, and information to 36
permit a site plan and architectural review in accordance with the procedure in Section 37
24.010(E) (SPARC Investigation & Report). 38
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C. Fee. The fee for a conditional use shall be established by resolution of the City 40
Council from time to time hereinafter enacted. 41
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D. Investigation and Report. The Zoning Administrator (Director) shall make an 43
investigation of the application and shall prepare a report thereon which shall be 44
submitted to the Planning Commission. 45
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E. Public Hearing. The Planning Commission shall hold at least one (1) public 47
hearing on each application for a conditional use permit except for minor conditional 48
use permits as provided in subsection P hereof. 49
50
F. Notice of Public Hearing. The Planning Commission shall publish a notice of 51
hearing in a newspaper of general circulation in the City of Petaluma not less than ten 52
Ordinance No. 2422 N.C.S. Page 8
(10) days prior to the date of such hearing. Failure of owners to receive notice of hearing 1
shall in no way affect the validity of action taken. In addition, the Commission may 2
publicize the hearing in any other manner as it sees fit. 3
4
G. Considerations for Review of Applications. In reviewing an application for a 5
conditional use permit, the Planning Commission shall give due regard to the nature and 6
condition of all adjacent uses and structures, and to the following general and specific 7
requirements: 8
1. The siting of the building or use, and in particular: 9
a. The adequacy of the site to accommodate the proposed use or building 10
and all related activities. 11
b. The location and possible screening of all outdoor activities. 12
c. The relation of the proposed building or use to any adjoining building with 13
particular attention to protection of outlook, light, air, and peace and 14
quiet. 15
d. The location and character of any display of goods and services and the 16
size, nature, and lighting of any signs. 17
e. The intensity of activity. 18
2. Traffic circulation and parking, and in particular: 19
a. The type of street serving the proposed use in relation to the amount of 20
traffic expected to be generated. 21
b. The adequacy, convenience, and safety of provisions for vehicular 22
access and parking, including the location of driveway entrance and 23
exits. 24
c. The amount, timing, and nature of any associated truck traffic. 25
3. The compatibility of the proposed building or use with its environment, and in 26
particular: 27
a. The number of customers or users and the suitability of the resulting activity 28
level to the surrounding uses and especially to any neighboring uses of 29
unusual public importance such as schools, libraries, playgrounds, 30
churches, and hospitals. 31
b. Hours of operation. 32
c. Adequacy of provisions for the control of any off-site effects such as noise, 33
dust, odors, light, or glare, etc. 34
d. Adequacy of provisions for protection of the public against any special 35
hazards arising from the intended use. 36
e. The proportion of total space utilized. 37
4. The expected duration of the proposed building, whether temporary or 38
permanent, and the setting of time limits when appropriate. 39
5. The degree to which the location of the particular use in the particular 40
location can be considered a matter of public convenience and necessity. 41
42
H. Findings. The Planning Commission shall approve a conditional use permit only 43
when it has found in writing that the proposed structure or use, subject to any conditions 44
which it may have attached, will conform to the requirements and the intent of this 45
Ordinance and the Petaluma General Plan, and that such use will not, under the 46
circumstances of the particular case, constitute a nuisance or be detrimental to the 47
public welfare of the community. These findings shall be based on substantial evidence 48
in view of the whole record to justify the decision. 49
50
Ordinance No. 2422 N.C.S. Page 9
I. Conditions. The Commission may impose such requirements and conditions with 1
respect to location, construction, maintenance, operation, and duration as may be 2
deemed necessary for the protection of adjacent properties and the public interest. 3
4
J. Revocation. Upon violation of any applicable provision of this Ordinance, or, if 5
granted subject to a condition or conditions, upon failure to comply with the condition or 6
conditions, a certified letter shall be sent to the permittee informing the permittee of the 7
facts constituting noncompliance and stating that the permittee has twenty (20) 8
calendar days from the date the letter is received to comply with the provisions and 9
conditions of the use permit. If after twenty (20) days has elapsed from the date of said 10
notice, the permittee has failed to comply with the provisions and conditions of the use 11
permit, the Director shall send a second certified letter to the permittee suspending the 12
use permit and advising the permittee of the permittee’s right to be heard by filing an 13
appeal pursuant to Section 24.070 within twenty (20) days of the second notice letter. 14
The suspension will be in effect for twenty (20) calendar days from the date of 15
notification. If, after the twenty (20) days suspension the violation has not been 16
remedied, or the permittee has failed to file a timely appeal, the use permit shall be 17
deemed revoked and shall be null and void without further action by the City. 18
19
K. Expiration of Permit. A conditional use permit shall automatically expire twelve 20
(12) months after approval unless the permit has been exercised or unless an extension of 21
time is approved in compliance with subsection L. The approval shall not be deemed 22
“exercised” until the permittee has commenced the approved use on the site in 23
compliance with the conditions of approval or an application for building permit has 24
been submitted in compliance with the conditions of approval 25
26
L. Extension of Time. Upon submittal of an application to the Community 27
Development Department on a form prescribed for this purpose by the Department, the 28
Director may extend the time limit established in Subsection 24.030.K for the initial life of 29
an approved conditional use permit which has not been exercised. 30
31
1. The application filed shall include a written request for an extension of time 32
and shall be filed at least 30 days prior to the expiration of the conditional use 33
permit, together with the filing fee required by the adopted fee schedule. 34
35
2. The Director shall determine whether the applicant has made a good faith 36
effort to exercise the approval. The applicant shall provide substantial 37
evidence that circumstances beyond the control of the applicant have 38
created an inability to commence the use or apply for a building permit 39
within the time period in subsection K hereof. For purposes of this subsection 40
only, such circumstances may include but are not limited to financial 41
hardship, temporary unavailability or delay in funding, unanticipated delays in 42
securing necessary property rights for the project, unanticipated or abnormal 43
weather conditions sufficient to delay commencement or completion of 44
construction or pre-construction activities. These circumstances apply only to 45
the extension of time for commencement of use under a newly issued use 46
permit and not to cessation of activity for purposes of abandonment of a use 47
permit, pursuant to Section 24.030.M. The provisions of this subsection shall not 48
apply to city public facility permits. 49
50
3. The Director may grant up to three 12-month extensions to the expiration date 51
of the original approval only upon the Director’s determination separately for 52
Ordinance No. 2422 N.C.S. Page 10
each extension that conditions of the site and in the vicinity of the project are 1
substantially the same as when the permit or approval was originally granted 2
and/or that any changes which have occurred do not affect the validity of 3
the findings for the original approval, that the project remains in general 4
conformance with General Plan and zoning ordinance requirements and that 5
the applicant has made a good faith effort to exercise the approval. Only 6
one 12-month extension may be granted at a time. More than three 7
extensions may be granted for city public facilities projects. 8
9
M. Abandonment. Whenever the use permitted by a conditional use permit has 10
been abandoned, the permit shall be deemed revoked, and shall be null and void. For 11
purposes of this section, “abandonment” means: 12
13
1. Cessation of the use permitted by the permit for a period of one year. 14
15
2. Institution of a different use which does not include the use which is the 16
subject of the permit. 17
18
3. Receipt of and commencement of use under a new use permit for a use or 19
combination of uses not previously permitted. 20
21
4. Except in the case of an extension pursuant to Subsection 24.030.L, or 22
reactivation pursuant to Subsection 24.030.S, cessation of diligent activity to 23
construct the permitted use for a period of one year or more, once begun, 24
unless the cessation of activity is due to factors beyond the control of the 25
property owner. For purposes of this subsection only lack of adequate 26
financing, bankruptcy or financial failure of the owner or his agent, 27
employees, contractors, or investors will be deemed to be within the control 28
of the owner. 29
30
Upon abandonment, any affected owner may apply for a new conditional use permit, 31
which shall be governed by regulations in effect at the time of approval thereof, if such 32
approval is forthcoming. 33
34
N. New Application. Following the denial of a use permit application or the 35
revocation of a use permit, no application for a use permit for the same or substantially 36
the same conditional use on the same site shall be filed within one (1) year from the date 37
of denial or revocation of the use permit. The Zoning Administrator shall determine in 38
his/her discretion whether the proposed use is the same or substantially the same for 39
purposes of this subsection. 40
41
O. Use Permit to Run with Land. A use permit granted pursuant to the provisions of 42
this Chapter shall run with the land and shall be valid for the successors in interest of the 43
original grantee. 44
45
P. Minor Use Permits. For minor use permits, the Zoning Administrator is hereby 46
empowered to receive applications, notify pursuant to Section 24.030(F), offer the 47
opportunity for public hearings, or approve subject to the same findings and conditions 48
as required of the Planning Commission. For purposes of this section, “minor use permits” 49
include minor exterior modifications or enlargements to existing use permits, said 50
modifications or enlargements being inconsequential in nature and not involving a 51
significant change in operations; minor extension of operating hours to existing use 52
Ordinance No. 2422 N.C.S. Page 11
permits where the business has no appreciable outside noise and/or does not affect an 1
abutting residential district; new use permits where the use is of the same or more 2
restricted nature as the previous use occupying the site; new use permits to authorize 3
dwelling groups, in accordance with the provisions of Section 7.040; new use permits for 4
tasting rooms pursuant to Section 8.035, new use permits to authorize the establishment 5
of conditional uses in commercial and industrial districts where the Zoning Administrator 6
finds that the use will be compatible with adjacent uses and is in conformance with 7
typical development standards, e.g., parking, landscaping, fencing, etc., and 8
applicable performance standards; new use permits to authorize existing single-9
household dwellings or to reestablish single-household dwellings in selected commercial 10
districts; previously approved use permits which have expired within the past twenty-four 11
months; minor telecommunications facilities in accordance with the provisions of 12
Petaluma Municipal Code 14.44.20. 13
14
Q. Referral to Planning Commission. The Zoning Administrator may refer to the 15
Planning Commission for a public hearing any project and projects for which adverse 16
impacts have been identified as the result of information received in response to public 17
notification and in the determination of the Zoning Administrator, the identified impacts 18
cannot be adequately controlled or mitigated. 19
20
R. Appeal. As prescribed in Section 24.070. 21
22
S. Reactivation. Expired or abandoned conditional use permits may be granted 23
reactivation by the Director upon a determination that the conditions stated for granting 24
extensions pursuant to subsection L above are met. The application for reactivation shall 25
be in general conformance with General Plan goals and policies and zoning ordinance 26
requirements in effect at the time of application for reactivation. Any reactivated project 27
must comply with said requirements and with current building codes. The property 28
owner/applicant must request reactivation by July 31, 2012 by submittal of an 29
application and payment of application fee, which shall be the same as the fee for an 30
extension of time. Applications for reactivation submitted later than July 31, 2012 shall 31
not be accepted. This subsection shall expire after July 31, 2012, and shall be of no force 32
or effect thereafter, unless otherwise amended. 33
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Section 11. Except as amended herein, the City of Petaluma Implementing Zoning 35
Ordinance remains in full force and effect. 36
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Section 12. If any section, subsection, sentence, clause, phrase or word of this ordinance 38
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 39
competent jurisdiction or preempted by state legislation, such decision or legislation shall not 40
affect the validity of the remaining portions of this ordinance. The City Council of the City of 41
Petaluma hereby declares that it would have passed and adopted this ordinance and each 42
and all provisions thereof irrespective of the fact that any one or more of said provisions be 43
declared unconstitutional, unlawful or otherwise invalid. 44
Section 13. This ordinance shall become effective thirty (30) days after the date of its 45
adoption by the Petaluma City Council. 46
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Section 14. The City Clerk is hereby directed to publish or post this ordinance or a 48
synopsis for the period and in the manner provided by the City Charter and any other 49
applicable law. 50
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INTRODUCED and ordered posted/published this 5th day of December, 2011. 52
Ordinance No. 2422 N.C.S. Page 12
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ADOPTED this ________ day of ____________________, 2011 by the following vote: 5
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ATTEST: APPROVED AS TO FORM: 18
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