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Home My WebLink AboutOrdinance 2622 N.C.S. 08/07/2017EFFECTIVE DATE OF ORDINANCE September 7, 2017 Introduced by Teresa Barrett ORDINANCE NO. 2622 N.C.S. Seconded by Kathy Miller ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4, TABLE 4.4 (ALLOWABLE LAND USES AND PERMIT REQUIREMENTS FOR COMMERCIAL, BUSINESS PARK, AND INDUSTRIAL ZONES) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 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, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the application on July 11, 2017, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated July 11, 2017, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Map and Zoning Text Amendments and which in this case has been initiated by the Community Development Director; and WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2017-14, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on July 6, 2017, a public notice of the July 17, 2017 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on July 17, 2017, 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: 1. The proposed amendments to the Implementing Zoning Ordinance Chapter 4, Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones) are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the July 1], 2017 Planning Commission staff report. Ordinance No. 2622 N.C.S. Page 1 18 19 20 21 22 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 properly implementing the aforementioned General Plan policies; and 3. The proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies to projects which have the potential for causing a significant effect on the environment. The proposed amendments would not allow for - either by - right or through a Conditional Use Permit - any new or different land uses. Therefore, it can be seen with certainty the proposed amendments would not cause a significant effect on the environment; Section 2. Table 4.4 (Allowable Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: TABLE 4.4 Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones P(16) Permitted Use CUP Conditional Use Permit Required Permit Requirement in Specific Use s Regulations A Accessory use Use Not Allowed LAND USE TYPE 1 Permit Required by Zone specific use Re Mations C1 C2 BP I INDUSTRY, MANUFACTURING & PROCESSING Artisan/craft product manufacturing — — P P Catering service, as a primary use P(6) P(6) P P Furniture and fixtures manufacturing, cabinet shop — — — P Laboratory - Medical, analytical — — P P Laundry, dry cleaning plants — — — P Man ufacturin I rocessin - Light — — P P Manufacturing/processing - Medium intensity — — P Media production — — P P Petroleum product storage and distribution — — — CUP Printing and publishing — — P P Recycling facility — — CUP CUP Recycling facility - Scrap and dismantling and — — — — Research and development — — P P Storageyard- outdoor — — — CUP Storage - warehouse, indoor storage — — — P Wholesaling and distribution — — P P LODGING Lodging - Hotel/Motel — P CUP — Ordinance No. 2622 N.C.S. Page 2 TABLE 4.4 Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial 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 Re uired b' Zone IRegulations Specific Use 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, private — — CUP — School - Specialized Education and Training P(6) P(6) CUP — Sports and entertainment assembly — — — — Studio - Art, dance, martial arts, music, etc. P P P — RESIDENTIAL Emergency Shelter — — P Dwelling, Caretaker — — P P Home Occupation A, S(2) A, S(2) — — Section 7.050 Residential care, 7 or more clients CUP(10 CUP(10) — — Residential care, adult CUP(10 CUP(10) CUP10 — — Residential care, for the chronically ill CUP(10 CUP10 CUP(10) Residential care, for the elderly CUP(10 CUP(10) Residential in mixed use building P(10) P(10) — — Work/Live P(6) P(6) — — RETAIL Adult oriented business CUP CUP — — Chapter 10 Artisan Shop P P — — Auto vehicle sales and rental — — — — Bar, tavern, night club CUP CUP — — Chapter 8 Building and landscape materials sales - Indoor P P — — Building and landscape materials sales - Outdoor — — — Gas station P P CUP — General retail P P — — Groceries/specialty foods - 25,000 sf or less P P — — Groceries/specialty foods - More than 25,000 sf P P — — Plant nursery P P — — Restaurant, caf6, coffee shop P P P(9) P(9) Ordinance No. 2622 N.C.S. Page 3 TABLE 4.4 Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial 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 I Specific Use Regulations SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P Bank, financial services P P P — Business support service P P P P Medical services - Health Care Facility P(6) P(6) P — Medical services – Major — — P — Medical services - Minor P(6), (11) P(6)' P — Office - Business, service, or government P P P — Office - Headquarters, or processing P(6) P(6) P — Office - Professional, administrative P P P — SERVICES - GENERAL Adult Day Program P P P — Child Care Center P P P(6) P(6) Child day care - Large Family — — — — Child day care - Small Family A(3) A(3) — — Kennel, animal boarding — — — CUP Maintenance/repair service - Client site services — — P P Maintenance/repair service - Equipment, appliances — — — P Meals Assembly Business P(12) P(12) — — Mortuary, funeral home — — — — Personal services P P — — Personal services - Restricted P P — — Public safety facility P P P P Vehicle services - Major repair/body work — — — P Vehicle services - Minor maintenance/repair — — — P Veterinary clinic, animal hospital M) P(8) P P TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility P P P P Parking facility, public or commercial CUP CUP — — Telecommunications facility S S S S Section 7,090 & Muni Code 14,44 Utility facility CUP CUP CUP CUP Key to zone symbols: C1 - Commercial 1 C2. Commercial 2 Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required BP - Business Park I - Industrial Ordinance No. 2622 N.C.S. Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (14) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (16) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) Section 3. The Notes at Table 4.1 (Allowable Land Uses and Permit Requirements for Natural and Rural Zones), Table 4.2 (Allowable Land Uses and Permit Requirements for Residential Uses), Table 4.3 (Allowable Land Uses and Permit Requirements for Mixed Use Zones), and Table 4.5 (Allowable Land Uses and Permit Requirements for Civic Facility Zone) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. are hereby amended to read as follows: Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Permitted only on APN 137-061-019 & APN 048-080-036 (Corona Rd. at North McDowell Blvd.) (14) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (15) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (16) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) 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 Ordinance No. 2622 N.C.S. Page 5 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/published, this 17th day of July, 2017. 14 ADOPTED this 71h day of August, 2017, by the following vote: 15 16 Ayes: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller 17 Noes: None 18 Abstain: None 19 Absent: None 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: avid Glass, Mayor APPROVED AS TO FORM: � f Claire Cooper, City Clerk Eric Danly, City Attorney Ordinance No. 2622 N.C.S. Page 6