HomeMy WebLinkAboutMinutes 06/11/1985MINUTES
Not Official Until Approved
By The Planning Commission
Petaluma Planning Commission June 11, 1985
Regular Meeting 7:30 p.m.
City Council Chambers Petaluma, California
PRESENT: Commissioners Head, Hilligoss, Read, Serpilio, Sobel, Tencer
APPROVAL OF MINUTES Minutes of the May 28, 1985 meeting were
approved with the following corrections:
ABSENT: Commissioner Libarle
STAFF: Warren Salmons, Planning Direct r
Pamela Tuft, Principal Planner
Kurt Yeiter Associate Planner
1)
Page
1,
Directors Report section -June 1 meeting date changed to
June
17.
2)
Page
3,
Item IV - change wording to: ...statements to the Planning
De
artment
regarding....
3
Page
5,
last paragraph and Page 6, first paragraph - place in italics to
denote; that
these paragraphs are not to be part of the Zoning Ordinance.
CORRESPONDENCE: None.
DIREC-TOR'S REPORT Mr. Salmons gave an explanation of the GP
Consultant Committee -process to this point.. The Planning Commission budget
presen was made to the Council today. Mr. Salmons advised that
copies of the budget are available in the Planning Department. Mr. Salmons
distributed hand -outs regarding seminars to be held in San Francisco on
non - profit housing.
COMMYSSIONERS' REPORT On June 6, Commissioners. Sobel', Hilligoss and
Read met as the General Plan Consultant Committee, with Michael. Moore and
Warren Salmons to narrow the consultant list down to three finalists. Those
three ;firms are: Duncan and Jones, Knox and Assoc. and Ironside and
Assoc. The Commission requested that they be notified prior to the
consultant interviews...
NOTE: Strike -Out Type ( - - - -) = Deletion
Underline Type ( ) = Addition
PUBLIC HEARINGS
I. MARSHALL WARD, 5155 PETALUMA BOULEVARD NORTH (DRIVE -IN
THEATRE) A PORTION OF AP #'s 007 -34 -35 AND RAILROAD
RIGHT -OF -WAY, (File 3.340) .
1. Reconsideration of EIQ for the following:
2. Consideration • of rezoning from M- L /FW /FP -C to C- H /FW /FP -C
(Continued from 5/14/85).
The public hearing was reopened.
SPEAKERS: Marshall Ward applicant - explained details of plans for
property..
Mark Ryan - owner - Liesure Lake Mobile Home Park - spoke
favorably for the proposal.
The public hearing was closed.
A motion was made ;by Commissioner Head and seconded by Commissioner
Sobel to deny the applicant rezoning request per the recommendation of the
staff report.
AYES: 6 NOES: 0 ABSENT: 1 '(Libarle)
A motion was made by Commissioner Tencer and seconded by Commissioner
Read to approve a mitigated negative declaration and rezoning for all areas }g:
of the parcel located outside the ; floodway zone per the findings in the staff
Y
report as amended;. A portion of assessor's parcel No. 07- 422 -32 is to be
included in this rez oning,.
AYES:: 6 NOES: 0 ABSENT: 1 (Libarle) � r
Findings for EIQ
1. The rezoning does not have the potential to degrade. the quality
of the environment, substantially reduce the habitat of a fish or
wildlife , species, cause a fish or wildlife • population to drop below
self' sustaining levels,, threaten to eliminate a plant or animal
community, reduce the .number or . restrict the range of a rare or
endangered plant or animal or eliminate important examples of the
major periods of California history �or prehistory.
2. The rezoning does not have the potential to achieve short -term,
to the disadvantage of long -term, environmental goals.
3. The rezoning does not have impacts which are individually
limited, but cumulatively considerable.
4. The rezoning, as conditionally approved, does not have
environmental effects which will cause substantial adverse effects
on human beings either directly or indirectly.
5. Further review of possible significant environmental' effects shall
be conducted, as necessary, during review of any future
development proposals on this site.
6. The rezoning action does not affect the boundaries of the
Floodway Zone district.
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7; A six foot high masonry sound wall along the northwesterly
boundary . of the parcel, adjacent to the Leisure Lakes Mobile
Home Park shall be constructed as part of the subdivision
improvements or with the site improvements for the first project
k within the zone, whichever occurs first.
RI A 100 foot wide zone along the northwesterly boundary of the
parcel, adjacent to the Leisure Lakes Mobile Home Park shall be
established and will have the following restrictions for as long as
residences are located adjacent to the site's northwesterly
boundary:
a. A fifty foot minimum building setback will be required along
i this property line.
b,. No loading doors will be permitted within the zone that open
i
perpendicular to the northwesterly property line.
C. Exterior site lighting within the 100 foot tone shall be limited
to a 16 foot mounting height and shall be shielded to focus
a the light towards the ground.
d. Commercial vehicle operation within the 100 foot zone shall be
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prohibited between the hours of 8 PM and 7 AM.
9: The City of Petaluma Site Plan and Architectural Review
Committee shall review each proposed project within the zone for
compliance with these restrictions and shall not approve said
project unless all requirements herein are complied with.
10. All fencing, walls, buildings, and other structural improvements
shall be subject to review by the Sonoma County Water Agency
and Flood Control District.
11. Building .frontages facing 101 Freeway and Petaluma Boulevard
North shall be architecturally treated. to present a "store front"
appearance and not blank, .void or wall's housing visible loading
areas.
The City of Petaluma has adopted performance standards for
noise, vibration, odors, glare,. fire and explosion hazards, heat,
radioactivity or electric disturbances, smoke, dust, gases, fumes,
particulate matter, and wastes (Zoning Ordinance Article 22)
which must be obeyed by any developer and /or occupant of the
project site.
Access to the project site from Denman Road will be limited to
emergency vehicles. Primary access will be provided from Stoney
Point Road.
A motion was made by Commissioner Sobel and seconded by Commissioner
Head to recommend approval of staff's recommended rezoning of those
portions located outside the Floodway Zone of the subject parcel and a
3,
portion of .AP No. 07- 422 -32, formerly part of the NWPRR right -of -way, per
the findings listed in the staff report.
AYES': 6
NOES: 0
ABSENT: 1 (Libarle)
Findings
1. The proposed .zoning :amendment
Plan /EDP and the General Plan
Commercial.
conforms with the Petaluma General
land use designation of Service
2. The public necessity, convenience, and general welfare clearly permit
'the proposed rezone, as. stated in Zoning Ordinance Section 13 -100
(Purpose of C -H Zone District) .
3. _ State law mandates consistency between zoning districts and general
plan land use districts. Consistency is achieved by this rezoning
action.
II. EAST PETALUMA CLUB BUS.
1. Review of proposed modification to route and bus stops.
The public hearing was opened.
SPEAKERS: Dennis Sheenan - 1182 San Rafael Dr. applicant
Mr. J. Wester - 1515 Anna Way - concerns re: noise, stop #14.
Mrs. Wester - 1515 Anna Way - spoke against bus club proposed
stop #14.
The public hearing was closed.
A motion was made by Commissioner Read and seconded by 'Commissioner
Sobel to recommend the preparation of a mitigated negative declaration
based on the findings "in the. staff. report.
AYES: 6 NOES: 0 ABSENT: 1 (Libarle)
Findings for EIQ
1. The proposed bus route and stops, as 'conditionally approved, do not
have the .potential to degrade the quality of the environment'.
2. The proposed route and stop changes, as conditionally approved, do
not have the potential to achieve short -term environmental goals to 1the
disadvantage of long -term goals.
3. The proposed route and stop changes, as conditionally approved, do
not have possible environmental effects which are individually limited
but cumulatively considerable.
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4. The environmental effects of these changes, as conditionally` approved,
will not cause substantial adverse effects on human beings, either
directly or indirectly.
5. The environmental effects of the changes have been mitigated to an
acceptable level by incorporation of certificate approval conditions.
A motion was made by Commissioner Read and seconded by Commissioner
Sobel ; .:to recommend granting of the bus certificate based on the findings
and conditions listed in the staff report.:
AYES , 6
Fin ding s :
NOES: 0 ABSENT: 1 (Libarl'e)
1. The proposed . route and bus stop changes, subject to the following
conditions, will conform to. the intent of the_ applicable goals and
policies of the General Plan /EDP.
2. The proposed changes,'' subject to the following * conditions, will not
constitute a nuisance or be detrimental to the public welfare of the
community .
CONDITIONS
1. Stop #2 (McDowell @ Caulfield) -shall be relocated to a point on
McDowell Blvd., north of the Caulfield intersection, where the
curbside parking commences -.approximately 200
2. Stop #3 (McDowell @ Weaverly) shall be located on the north side of
the intersection, sharing the existing Golden Gate Transit stop.
3. Stop #4 (McDowell" @ Maria) shall be relocated to the north side of the
intersection.
4. Stop #7 (S'. Ely Blvd. @. Willow) shall be located on the south side of
the painted pedestrian crosswalks.
5. Stop #12 (Casa Grande @ Crinella Drive) shall be relocated to the west
side of the intersection.
6. Stop #13 (Casa Grande @ S. McDowell Blvd.) shall be relocated onto S.
McDowell at a reasonable and safe distance from the intersection to
allow the bus to pull off the roadway onto the unimproved shoulder
area for loading.
7. Stop #14 ('S,. McDowell Blvd. @ Ann_ a Way`) shall be eliminated, service
to be picked up by either stop #13 or #15.
8. Stop #15 : (McDowell @ Baywood Drive) shall be relocated to the north
side of Baywood Drive commencing at the completion of the turning
radius and running for a distance' of 80' westward on Baywood Drive.
:Signs shall be posted for said 80' stating - No Parking - Monday
through Friday.
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9. Stop #16 ( Baywood Drive @ St. Francis) shal1 be relocated westward on
Baywood Drive, just west of Ashwood Court.
10. Buses shall, provide trash container on bus to discourage dropping of
trash at bus ,stops and place a sign in an obvious location for those
boarding and disembarking- the bus that requests consideration of
neighbors be exercised at and around the bus stops.
III. ENERGY UNLIMITED AEROBICS CENTER, 454 PAYRAN STREET, AP
NO.. 5- 020 -51, (File 1.471) .
1. Consideration of a Use Permit.
The public Hearing was opened.
SPEAKERS: LeRue Gendel -,Applicant — comments re: parking needs.
The public hearing was closed.
.A Motion was made by Commissioner Tencer, and seconded, by Commissioner.
Sobel to recommend approval of the use permit per the findings and
conditions in the staff report.
AYES: 6 NOES: 0 ABSENT: 1 (Libarle)
Findings
1. The proposed' use, subject to the following conditions, will :conform to
the intent of the Zoning Ordinance and policies of the General
Plan/EDP.
2. The proposed use, subject to the following -conditions, will not
constitute a nuisance or be detrimental to the public welfare of the
community.
Conditions for Use Permit : .
1. Any future use of the rest of the proposed building shall be one
whose parking requirements are adequately served by the parking
spaces remaining on the site after the parking requirements of the
gymnastics school and this aerobic exercise studio are met.. This must
be a use requiring one, space or one that closes by 4:30 to miss the
parking demand 'peak on the site. Alternately, a legal arrangement
will be required to provide off -site parking within 300'. If parking
becomes a problem:, the use eprmit may be recalled for Planning
2. Any proposed
use of the
remainder of the
proposed building must be
such as to be
compatible
in nature to the
gymnastics school and the
aerobic dance
studio including no uses
which involve hazardous
substances or
hazardous
operations which
could negatively impact the
people- oriented
operation
of these two facilities.
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IV. WESTERN CERAMTCS, 5002 PETALUMA` BOULEVARD NORTH, AP No.
006- 460 -6, (File 1.469) .
1. Consideration of Use Permit.
The public hearing was opened.
SPEAKERS: Walter Maus - applicant -,explains operation of shop.
The public hearing was closed.
M A motion was made by Commissioner Sobel and seconded by Commissioner
co Read to recommend approval of the Use! Permit based on the findings and
Iq conditions in the staff report.
AYES: 6 NOES: 0 ABSENT: 1 (Libarle)
co
Findings
1. The proposed use, subject to the following conditions, will conform to
the intent of the Zoning Ordinance and policies of the General
Plan /EDP.
2. The proposed use, subject to the following conditions, will not
constitute a nuisance or be detrimental to the public welfare of the
community.
Conditions
1. Classes shall not be held Friday or ; Saturday evenings.
2. Signs shall conform to Petaluma Sign Ordinance.
s 3. Provision of landscaping in the I unimproved landscape area along
building frontage, parking space' striping along building frontage,
trash enclosure and other appropriate site improvements, shall be .
provided for the proposed use, subject to review and approval of
staff.
V. TIM STARK, TIM's HOBBY HUT, 929 PETALUMA BOULEVARD NORTH,
AP No. 006 - 460 -6, (File 1.469) .
1. Consideration of Use Permit.
The public hearing was opened.
SPEAKERS: '"'q -Tim Stark - 6 Hawthorne ! Court - applicant; explains
operation of shop.
Anna Siemer - owner /applicant - comments re: shop layout.
I
The public hearing was closed.
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A motion was made by Commissioner Sobel and' seconded by Commissioner
Tencer to recommend approval of the use permit based on the findings and
conditions in the staff report as amended.
AYES: 5 NOES: 1 (Read) ABSENT: 1 (Libarle)
Findings
1. The proposed use, subject to the following conditions,- will conform to
the intent of the Zoning Ordinance and policies of the General
Plari / EDP .
2. The proposed use, subject to the following conditions,, will not
constitute a nuisance or be detrimental to the public welfare of the
community.
Conditions
1. The structure must meet all requirements set forth in Section 5 of the
Uniform Building Code. Specifically, for Class "B >" structures where
assembled groups of people are present and the exterior walls of the
building are within 20' of the property, line on which it is located, said
walls shall have a fire rating of 1 hour, and all openings (such as
doors and windows) shall have a fire rating of 3/4 hour.
2. The maximum total signing area shall not exceed 20 square feet and
shall be in conformance with Zoning Ordinance Sections 21 -204.3 and
21- 204.6.
3. The site must be cleared of all debris -and weeds.
4. Parking by empl "oyees : shall be .:at the rear of the, building only and
shall be guaranteed by proof of the 15'' access easement from
Hawthorne Court to the proposed parking area.
5. A bicycle parking area shall' be provided near the front and rear of
the building along the north facing wall. Improvements.. to such area
should include a paved surface and two racks each sufficient for the
parking of five bicycles.
6. Classes may not commence prior to 6 PM.
7. Front parking areas shall be striped at 60 to City Standards.
8. The rear parking area shall be lighted to City Standards: The design
of all exterior lights is subject to staff approval.
9. The. building shall. be: painted on its east facade (facing Petaluma
Blvd.) from the vertical facade. of Ken'.s TV, and along its north
facade facing the new police :facility, subject to staff approval.
10. Additional site improvements subject to an administrative SPARC review
include
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a. The concrete step and railing leading to the sealed off entrance
to 925 Petaluma Blvd. shall be removed.
b If not functional, or is not to be used, the window air
conditioning unit on the north facade shall be removed.
c. The water meter and pipes on the Petaluma Boulevard facade shall
be screened subject to staff approval.
d: The metal door and associated- hardware near the rear of the
building's north facade, if not to be used, shall be. removed.
e The three metal posts near the rear of the building's facade shall
be painted to match the building.
U
VI. CITY OF PETALUMA, SEWER PONDS, LAKEVILLE HIGHWAY AND
0AKMEAD- NORTHBAY INDUSTRIAL PARK, AP NO.s 68- 01 -23, 24 and
25, (File 3.342) .
1. Consideration of EIQ for the following.
2. Consideration of Prezoning .
The public hearing was opened.
SPEAKERS: Vasco Brazil - 4550 Lakeville Hwy - questions re: adjacent
parcel owned by City.
Margaret Kullberg - 1036 Stage Gulch Road.
The public hearing was closed.
A motion was made by Commissioner Sobel and. seconded. by Commissioner
Read to recommend the issuance of a negative declaration based on the
findings in the staff report.
AYES:" 6 NOES: 0 ABSENT: 1 (Libarle)
Findings for EIQ
1. The proposed project is consistent with the applicable provisions of the
General. Plan /EDP and the zoning ordinance.
2. , The prezoning leading to annexation is consistent with applicable State
law (Government Code 35012) and Sonoma County LAFCO precedent.
3. An initial study has been prepared and has determined that no
significant environmental impacts will occur as a result of the
prezoning and annexation.
4. The project will result in no growth - inducing impacts due to the
restrictions on. the use of the subject properties as stated in
Government Code 35012 and current City policies regarding
development in the vicinity of the site.
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A motion was made: by Commissioner Sobel and seconded by Commissioner
Read to recommend the prezoning of the 'subject parcels based on the
findings in the staff report.
AYES: 6 NOES: 0 ABSENT: 1 (Libarle)
Findings fo P rezoning :
1. The prezoning and subsequent annexation proposal are in the best
interests of the City of Petaluma.
2. The prezoning and subsequent annexation proposal shall not constitute
an expansion of the existing City Limit line or Sphere of Influence
beyond that required by Government Code 35012.
3. That the proposed prezoning is in general conformity with the Petaluma
General Plan and any applicable Environmental Design Plans.
4. That the public necessity, convenience and' general welfare require or
clearly permit the adoption of the proposed prezoning.
PLANNING MATTER
VII. LEONARD JAY DEVELOPMENT, .BOULEVARD HEIGHTS', PETALUMA
BOULEVARD NORTH, REFERRAL WITHIN SPHERE OF INFLUENCE, AP
NO. s 48- 061 -23 and 30.
1. Discussion and action on comment to developer and Sonoma County
Planning Department of Tentative Map for a 41.26 acre, 18 -unit
single- family subdivision.
GENERAL DISCUSSION: Leonard Jay - applicant explained the project.
Emil Mogel, the applicant's engineer answered questions.
Additions /amendments to letter be sent to Council include statement re:
improvement of appearance to north entrance to City and revision regarding
fire service
VIII. CONTINUED PUBLIC HEARINGS, ZONING ORDINANCE' TEXT
AMENDMENTS:
1. ADULT ENTERTAINMENT Add Section 21 -410 to regulate and govern
the location and operation of adult entertainment establishments.
Amendments to the following Sections:
A. 12 -400 to read "12 -410 Adult entertainment,, in accordance with.
Section 21 -410" . ;-- as-- a- toirdit7anai -= tssc-- �+itirizr- tke- f� -Fr -f Central
Eornrner cial)- -ronirrg-di-strrc -,
10
Est. a�; , ��. 5 ° •P,�`���; . 1 ' -'�
315
B . 13 - 400 to read .11 13-419 Adult entertainment, in accordance with
Section 21- 410" , as a conditional use within the C -H (Highway
Commercial) zoning district.
There were no speakers.
A motion was made by Commissioner Sobel and, seconded by Commissioner
Read to recommend approval of a negative declaration per the findings as
follows.
AYES: 6 NOES: 0 ABSENT: 1 (Libarle)
Findings:
1. The proposed amendments will
the environment.
have no significant adverse effects on
f'.
2. Special environmental effects applicable to a particular site through the
application of these changes will have further environmental review on
a ;case by case basis.
A motion was made by Commissioner zoning d ordinan a b amendmen s as
Read ',to recommend approval of
amended, based on the following findings:
AYES: 6 NOES: 0 ABSENT: 1 '(Libarle)
Findings:
1. The proposed additions are consistent with the General Plan /EDP goals
and policies.
2. That the public convenience and general welfare require and /or clearly
permit the adoption of the proposed additions.
Article_ 13, Section 13.419 of Zoning Ordinance #1072 N.C.S. is hereby
added, to read as follows
13 -419
Adult Entertainment Establishments, in accordance with Section 21 - 410.
Article 21, Section 21 -410 of Zoning Ordinance #1072 N.C.S. is hereby
added', to read as follows:
21 -410
.Regulation of Adult Entertainment Establishments Including Massage
Establishments:.
21- 410.2 - Purpose
;It is the intent of Section 2'1 -410 to prevent problems of blight an
deterioration which can be brought .about by the concentration of adult
entertainment businesses in close proximity to each other or proximiy
to other incompatible uses such as schools for minors, p parks
and residentially zoned districts. The City Council finds that it has
been demonstrated in various communities that the concentration of
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adult entertainment businesses causes an increase in the number of
transients in the area, and increase in crime., and can cause other
businesses and residents to move elsewhere. It is, therefore, the
purpose of Section 21 -410 to establish reasonable and uniform
regulations to prevent the concentration of adult establishments or
their close ,proximity to incompatible uses, while permitting the location
of adult businesses in certain zone districts.
21.410.4 - Definitions
It is the intent of Section 21 -410 that those. definitions and
interpretations set forth in Section 1 -203 of the Petaluma Zoning
Ordinance shall apply but only where they do not conflict with any
definition or interpretation set forth in Section 21 -410.
21-410.6 - Specified Anatomical Areas
As used in Section 21 -410, "specified anatomical areas" shall mean and
include any of, the following:
a. Less than completely and opaquely covered human genitals, pubic
regions, buttocks, anus or female breast below a point
immediately above the top of the areolae; or
b. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
21 -410.8 - Specified Sexual Activities
As used 'in Section 21 -410, "specified sexual activities" shall mean and
include any of the following:
a. The fondling or other erotic touching, actual or simulated, of
human genitals, pubic regions, buttock or female breast;
b. Sex acts, actual or simulated, including acts of sexual
intercourse, oral copulation, sodomy, or bestiality; or
C. Masturbation, actual or simulated; or
d. Excretory functions as part' of or in connection with any of the
activities set forth in "a." through "c." above.
21- 410.10 - Adult Entertainment Establishment.
An adult entertainment establishment is any place -of business in which
one or more of the following activities is conducted:
a. Adult_ _Book Store. A commercial establishment which devotes more
than 500 of its total inventory or product lines or more than 50%
o'f its total, display, shelf, rack, table,, stand, or floor area used
for the display and sale of the following:
1. Books, magazines, periodicals, or other printed matter, or
photographs, films_, motion pictures, video cassettes, slides,
tapes records, or other form of visual or audio
representation which are characterized by an emphasis upon
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the depiction of description of "specified sexual activities" or
"specified anatomical areas "; and /or
2. Instruments, artificial devices or paraphernalia which are
designed for use in connection with "specified sexual
activities."
The term "product line" refers to items which are all
identical, such as numerous copies of the same book or
periodical.
d: Adult Motion Picture Arcade Any place to which the public is
permitted or invited wherein coin or slug - operated or
electronically, electrically or mechanically controlled still or motion
picture machines, projectors, or other image- producing devices
are maintained to show images, films, motion pictures, video
cassettes., slides, tapes, records or other. forms of visual or audio
representation to five or fewer persons per machine at any one
time, in which. a substantial portion of the total presentation time
of the images so displayed are distinguished or characterized by
an emphasis on depicting or describing "Specified Sexual
Activities" or "Specified Anatomical Areas."
e: Adult Drive -In Theater An open lot or part thereof, with
appurtenant facilities, devoted primarily to the presentation of
motion pictures, films, theatrical productions and other forms of
visual productions, for any form of consideration to persons in
motor vehicles or on outdoor seats, in which a substantial portion
of the total presentation time of the material being presented is
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas" for observation by patrons.
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b. Adult Motion Picture Establishment. Shall mean a commercial
establishment with a capacity of more than 50 persons, used for
the presentation, exhibition or display of films, motion pictures,
(�
video cassettes, slides or similar photographic reproductions
projected on a screen, which are distinguished or characterized
by an emphasis on matter depicting, describing, or relating to
"Specified Sexual Activities" or "Specified Anatomical Areas." For
purposes of this paragraph and paragraphs 21- 410 -10 c, d, e, f,
g, h and m,, "'substantial portion of the total presentation time"
shall mean the presentation of films, shows or other described
entertainment for viewing on more than 28 days within any
56- consecutive -day period.
c° Adult Mini - Motion Picture_ Theater. Shall' mean a commercial
establishment with a capacity o °more than .5 but less than 50
persons, used for the presentation, exhibition or display of films,
motion pictures, video cassettes, slides or similar photographic
reproductions projected on a screen, and in which a substantial
portion of the presentation time is distinguished or characterized
by an emphasis on matter depicting, describing, or relating to
"Specified Sexual Activities" or "Specified Anatomical Areas."
d: Adult Motion Picture Arcade Any place to which the public is
permitted or invited wherein coin or slug - operated or
electronically, electrically or mechanically controlled still or motion
picture machines, projectors, or other image- producing devices
are maintained to show images, films, motion pictures, video
cassettes., slides, tapes, records or other. forms of visual or audio
representation to five or fewer persons per machine at any one
time, in which. a substantial portion of the total presentation time
of the images so displayed are distinguished or characterized by
an emphasis on depicting or describing "Specified Sexual
Activities" or "Specified Anatomical Areas."
e: Adult Drive -In Theater An open lot or part thereof, with
appurtenant facilities, devoted primarily to the presentation of
motion pictures, films, theatrical productions and other forms of
visual productions, for any form of consideration to persons in
motor vehicles or on outdoor seats, in which a substantial portion
of the total presentation time of the material being presented is
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas" for observation by patrons.
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f. Adult Cabaret A nightclub, bar, restaurant or similar
establishment during which a substantial portion of the total
presentation time features live performances which are
distinguished or characterized by an emphasis on "Specified
Sexual Activities" or by exposure of "Specified Anatomical Areas"
and /or feature films motion pictures,, video cassettes.., slides or
other photographic reproductions which are distinguished or
characterized by an emphasis upon the depiction of description of
"Specified Sexual Activities" or "Specified Anatomical Areas"' for
observation by patrons.
g. Adult Motel_ or Hotel. A hotel or motel or similar commercial
establishment o eying public accommodations for any form of
consideration which provides patrons with closed - circuit television
transmissions,. films, motion pictures, video cassettes, slides, or
other photographic reproductions, a substantial portion of the
total presentation time of which is distinguished or characterized
by an emphasis upon the depiction or description of "Specified
Sexual Activities" or "Specified Anatomical Areas'" for observation
by patrons.
h. Adult Theater A theater,. concert hall,. auditorium or similar
commercial establishment either indoor or outdoor in nature which,
for - any form of consideration, regularly features live
performances, a substantial portion of the total presentation time
of which is distinguished or characterized by an emphasis on
".Specified Sexual Activities" 'or "Specified Anatomical Areas" for
observation by patrons..
i. Adult. Model Studio Any establishment open to the public where,
for any form of consideration or gratuity, figure models who
display "Specified Anatomical Areas'" are provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly
depicted' by persons,, other than the proprietor, paying such
consideration or ,gratuity.
This provision shall not apply to any school of art which is
operated. by an individual, firm, association, partnership.,
corporation or institution which meets the requirements
established in. the Education Code of the State of California for
the 'issuance or conferring of and is in fact authorized
thereunder to issue and confer, a diploma.
j. Sexual. Encounter Establishment A commercial, establishment,
other than a hotel, motel or ,similar establishment offering public
accommodations which, for any form of consideration., provides a
place where two . or more persons - may congregate, associate or
consort in connection with "Specified Sexual Activities" or the
exposure of "Specified .Anatomical Areas."
This definition does not include an establishment where a medical
practitioner, psychologist, psychiatrist or similar professional
person licensed by the State of California engages in sexual
therapy.
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k. Body Painting, Studio Any establishment or business which
provides the service of applying paint or other substance whether
transparent or nontransparent to or on the human body when
such body is wholly or partially nude in terms of "Specified
Anatomical Areas."
1. A medical establishment including professional offices where
massage is administered by a physician, surgeon,
chiropractor, osteopath, physical therapist, nurse or any
other person. licensed to practice a healing art under the
provisions of the California Business and Professions Code
when engaging in such practice within the scope of his or
her license, or by an individual acting under the direction
and .control of any of the aforelisted licensed professionals
on the premises of the medical establishment.
2. Hospital, medical clinic, nursing home, sanitarium, or other
major medical or mental facility duly licensed under the laws
of the State of California.
3. Barbershop or beauty salon where massage is limited to the
head, scalp or neck and is administered by barbers or
cosmetologists licensed under the laws of the State of
California.
4. Any school as defined. in Section 21- 410.12 or institution of
higher education including a community or junior college,
college or .university whose course of study is approved by
the State Department of Education or Superintendent of
Public Instruction where massage : is ' administered or taught
by authorized school employees in conjunction with athletic
training programs, training in the healing arts or other
school courses.
5. Any athletic club, health club, country club, gymnasium,
reducing salon, beauty salon, or similar establishment, were
massage is offered as an incidental or accessory service to
its primary program of sports, exercise, athletic training,
weight reduction or beauty care. Any such establishment
shall utilize no more than 15% of its total floor area used for
3'
15
1. Massage Establishment. As used in Section 21 -410 "Massage
E stablishment" shall mean an establishment where, for any form of
consideration, massage is administered. For the purpose of this
paragraph, massage shall be any method of pressure and /or
friction against or stroking, kneading, rubbing, tapping,
00
pounding, vibrating or stimulating the exterior of any body with
�,
the hand or with the aid of any mechanical, electrical apparatus
appliance with or without any supplementary aids such as
C)
rubbing alcohol, liniment, antiseptics, oils,, powder, creams,
rubbing
CO
lotions, ointments or other similar preparations, commonly used in
this practice. Exceptions As used in this section, the term
massage establishment does not apply to any of the following:
1. A medical establishment including professional offices where
massage is administered by a physician, surgeon,
chiropractor, osteopath, physical therapist, nurse or any
other person. licensed to practice a healing art under the
provisions of the California Business and Professions Code
when engaging in such practice within the scope of his or
her license, or by an individual acting under the direction
and .control of any of the aforelisted licensed professionals
on the premises of the medical establishment.
2. Hospital, medical clinic, nursing home, sanitarium, or other
major medical or mental facility duly licensed under the laws
of the State of California.
3. Barbershop or beauty salon where massage is limited to the
head, scalp or neck and is administered by barbers or
cosmetologists licensed under the laws of the State of
California.
4. Any school as defined. in Section 21- 410.12 or institution of
higher education including a community or junior college,
college or .university whose course of study is approved by
the State Department of Education or Superintendent of
Public Instruction where massage : is ' administered or taught
by authorized school employees in conjunction with athletic
training programs, training in the healing arts or other
school courses.
5. Any athletic club, health club, country club, gymnasium,
reducing salon, beauty salon, or similar establishment, were
massage is offered as an incidental or accessory service to
its primary program of sports, exercise, athletic training,
weight reduction or beauty care. Any such establishment
shall utilize no more than 15% of its total floor area used for
3'
15
M
the provision. of facilities /services to patrons for the
provision of massage services.
M. Other Adult Entertainment - Businesses, . Any other business or
commercial establishment not herein defined:
1: 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
emphasi "s on depicting, describing or relating to "Specified
Sexual. Activities "' or "Specified Anatomical Areas"; or
2. 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
d'epicting,, describing, or relating to "'Specified Sexual
Activities.'"
21- 410. -12 '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 theL 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.
21- 410 -14 Commercial Zones
For purposes of Section 21, -410., a
following "zone district" as defined
commercial zone shall include the
in the Petaluma Zoning. Ordinance:
21- 410.16 Public Park
As used in Section 21-410, 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.
21- 410.18 Aesideritial Zone
As used in Section 21 -410,, a residential zone shall include the
following "zone .districts "' as defined in the Petaluma Zoning Ordinance:
R -:1, 'R-C, R =M -G , R -M -H , M -H , A,, and residential Planned. Unit
Development (P.U.D.) and Planned Community Development (P.C.D.)
21- 410.20, Church
As used in Section 21 -410, a church shall include any property where
a building is set .apart and recognize_ d as a site of public gathering
and worship. This shall include church operated
child -care /'nursery /or preschool facilities.
21- 4`10 -''22 Establishment of an Adult Entertainment Business
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321
As used herein, to "establish" an adult entertainment business shall
mean and include any of the following:
a. The opening or commencement of operation of any such business
as a new business.
b;. The conversion of any existing business, whether or not an adult
entertainment business, to any other adult entertainment business
as described herein.
C . The addition of any adult entertainment ' business as defined
herein to any existing adult entertainment businesses if the
0 addition results in enlargement of the ,place of business. For
I' purposes of this paragraph enlargement shall mean an increase in
C the size of the building within which the business is conducted
CO by either construction or use of an adjacent building or any
portion thereof, whether located on the same or an adjacent lot or
parcel of land.
21- 410.24 Zones for Adult Entertainment Establishments
Adult entertainment establishments are permitted only in the commercial
zone as defined in Section 21- 410.14. No such establishment shall be
permitted to be established in any area outside of a commercial zone.
21- 410.26. Minimum Proximity Requirements
No -- a - au�t entertainment establishment shall be established within
specified distances of' certain specified land uses as set forth below:
a. No such establishment shall be established within two hundred
and fifty feet of any other adult entertainment establishment as
defined in Section 21- 410.10.
b;. No
such establishment
shall be established
within five
hundred
feet
of any school. as defined
in Section 21- 410.12.
C. No
such establishment
shall be established
within five
hundred
feet
of any public park
as defined in Section
21- 410.16.
d'. No
such establishment
shall be established
within two
hundred
and
fifty feet of any
residential zone as
defined in
Section
21- 410.18.
e.. No such establishment shall be established within five hundred
feet of any church as defined in Section 21- 410.20.
21- 410.28 Measurement of Distance Between Uses
The distance between any two adult entertainment establishment shall
be measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of each business.
The distance between any adult entertainment establishment and any
school, public park, church or residential zone shall be measured in a
straight line, without regard to intervening structures, from the
closest exterior structural wall of the adult entertainment business to
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322
the closest property line of the school, public park, church or
residential zone.
21- 410.30 Nonconforming Establishments
a. Subject to obtaining an adult entertainment establishment use
permit as required by Section 21.410.36, an adult entertainment
establishment which was established and conducting a lawful
business and ,lawful use of a building within this City as of the
effective date of Section 21 -410, shall become a legal
nonconforming use.
b. Such establishments shall be required within 90 days of the
effective date of Section 21.410 to comply with all provisions of
Section 21 -410 excepting the provisions of Section .21.410.24
governing zones for adult entertainment establishments and
'Section 2.1- 410.26 :governing minimum proximity requirements for
adult entertainment establishments.
C. Such existing adult entertainment establishments may not be
enlarged as described in Section 21- 410.22:(b.) or converted - to any
other adult entertainment business as , described 'in Section
21- 410.22(c) unless it is in compliance with all provisions of
Section 21 -410 including Sections 21- 410.24 and 21- 410.26.
21- 410.32 Regulation of Signs
No adult entertainment business shall display signs as defined in
Section 21 -204 of the Petaluma Zoning Ordinance,, advertising, posters,
photographs or graphic representations, in such a location as can be
viewed by persons from any public. street or sidewalk that depict any
of the following:
a. ":Specified Sexual Activities."
b. "Specified Anantomical Areas."
2.1- 410.34 Visibility from ;Street.
No adult entertainment establishment 'shall display any stock in trade
which can be viewed by persons from any public street or sidewalk
which depicts any of the ,following
a. "Specified Sexual Activities."
b. "'Specified Anatomical Areas."
C. Instruments, artificial devices or paraphernalia which depict or
represent "Specified. Anatomical Areas."
21- 410.36 Adult 'Entertainment' Conditional Use Permit Required
a. Use Permit Required. It shall be unlawful for any person to
establish as. defined in Section, 21- 410.22 or operate, or cause or
permit• to be operated, any adult entertainment establishment
without first obtaining.. a conditional use permit as defined and set
forth in Section 26 -500 of the Petaluma Zoning Ordinance.
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b` Application Deadline for Existing Adult Entertainment
Establishments. Any adult entertainment establishment which was
already, established as of the effective date of Section 21 -410 shall
have 90 days from the effective date of Section 21 -410 to apply
for conditional use permit.
21- 410.38 Permit Application
a. Any person, association, partnership, corporation, or other entity
desiring to obtain a conditional use permit shall file an application
with the Community Development and Planning Department on a
form provided by the Director. The application shall be
accompanied by a nonrefundable application. processing fee in the
amount established by City Council resolution.
b `: The application for a use permit shall contain the following
information:
1. The name, address and telephone number of the applicant.
If' the applicant is a corporation, . the applicant shall set
forth the name of the corporation exactly as shown in its
article of incorporation., the date and place of incorporation,
the names and addresses of the officers, directors, and each
stockholder owning more than 100 of the stock of the
corporation. If the applicant is a partnership„ the
application shall set forth the name and residence address of
each of the partners, including limited partners. If one or
more of the partners is a corporation.,, the provision of this
section pertaining to a corporate applicant shall apply. The
applicant corporation or partnership shall designate one of
its officers or general partners to act as its responsible
managing officer.
Z. Name, address and telephone number of the person who shall
manage and operate the establishment for which the permit is
requested. The name and address of a person authorized to
accept service of legal notices.
3. The proposed business name of the adult entertainment
establishment and description of the type of adult
establishment.
4. Street address . of the proposed adult entertainment
establishment and the assessor parcel number for the
property.
5.. A plot plan for the property depicting the location of the
building housing the adult entertainment establishment on the
property.
6. If the adult entertainment establishment was in existence as
of the effective date of Section 21-410, the date the
establishment first commenced operation.
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7. Any other 'information reasonably necessary to accomplish the
purposes of Section 21.410.
C. Referral to Other City Department. The Director of the
Community Development and Planning Department may refer the
application to other City departments to determine whether the
premises where the adult entertainment establishment is located,
or will be located, complies with the City's building, health,
zoning and fire ordinances or other applicable ordinances, or laws.
City departments may conduct an inspection of the premises to
determine compliance with the ordinances and laws they
administer.
d. Action on Application. Notice and public hearing, requirements
shall be as set forth in Section 26 -500 of the Petaluma Zoning
Ordinance pertaining to conditional use permits.
21- 410,.40 Grounds for Conditional Use Permit Denial /Revocation
a. The Planning Commission shall grant the conditional use permit
unless it is determined from a consideration of the application„
City ,.inspection of the premises or other pertinent information
that :
1. Information contained in the application or supplemental
information requested from the applicant is false in any
material detail.
2. The proposed location of the adult entertainment business
would "not comply with the requirements of 'Section .21- 410.24
or 21- 410.26. Exception:: This . grounds for denial is not
applicable to legal nonconforming establishments as described
in Section 21- 410'.30.
3 The operation of the adult entertainment business is or
would be in violation of one or more provisions of Section
21 -410.
4. The premises where the adult entertainment business is or
will be located' does not comply with all applicable laws,
including, but not limited to the City's Building., health,
.zoning, and fire ordinances.
5. That a conditional use permit to operate the adult
entertainment establishment has been issued to the applicant,
a partner of the application, or a stockholder or the
applicant which stockholder owns more than. 10% ofi the
applicant's corporate stock„ which conditional use permit has
been suspended and the period of suspension has not yet
ended.
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325
b. Notice of conditional use permit denial shall be in writing and
shall state the grounds therefore. Notice shall be personally
served on the permit applicant or mailed to his address listed on
the application form.
q. c. An adult entertainment conditional use permit may be suspended
for up to one year or revoked for any of the reasons specified as
grounds for conditional use permit denial in Section (a) (1 -5)
above.
d. Notice of intention to suspend or revoke shall be in writing and
shall state the grounds therefore. Notice .shall be personally
served or mailed to the person authorized to accept service of
Iegal notices as specified in Section. 21-410.38(b)(2). Any
suspension or revocation procedure shall be done as specified in
Section 26 -509 of the Petaluma Zoning Ordinance.
21- 410.42. Conditional Use Permit conditions
The Director of Community. Development may recommend conditioning
the issuance of an adult entertainment conditional use permit by
imposing reasonable conditions to insure compliance with the provisions
of Section 21 -410, and other sections of the Code including but not
limited to:
a Regulation of signs.
b. Regulation of visibility from street of the =stock in trade of an
adult entertainment establishment.
21- 410.44 Conditional Use Permit Valid for Specified.
Location /Establishment/ Permittee
i
Each permit issued pursuant to Section 21 -410 is only valid:
a For the permittee specified in the: conditional use permit
application.
b,. For the business name for the- adult. entertainment establishment
listed in the conditional use permit application.
c. The specific type of adult entertainment establishment described
in the conditional use permit application.
d. The specified location described in the conditional use permit.
21- 410.46 Sale or Transfer of Business
a. No conditional use permit issued pursuant to: this article may be
assigned or transferred without the prior writ -ten consideration
and approval of the Planning Commission. The applicant shall
apply for for a, transfer on a form provided by the Director of
Community Development and Planning and shall pay a
nonrefundable application processing fee in the amount established
by City Council resolution. Consideration of the sale or transfer
21
326
shall be done in accordance with conditional use permit
procedures set forth in Section 26 -500 of Zoning Ordinance #1072
N.C.S. with the exception of Section 26 -511 pertaining to transfer
rights.
b. Transfer of partnership or corporate ownership. An application
for approval of a transfer of a conditional use permit shall be
required prior to any change in an interest in a partnership or
ownership of ten percent (10 %) or more of the stock of a
corporation to any person not listed on the application filed by
said application pursuant to Section 21- 410.38.
C. An application for transfer of a conditional use permit may be
denied for any of the grounds specified for denial of an original
conditional use permit application in Section 21- 410.40..
Procedures for ;notice of denial of a transfer and' appeal thereof
shall be identical :to '.those procedures for denial of conditional use
permit application specified in Section 21- 410.40.
21- 410.48 New Conditional Use Permit Required
a. Prior to any change in the location of the adult entertainment
establishment.
b . Prior to the conversion of any existing adult entertainment _
establishment to any other type of adult entertainment
establishment as described" herein.
c. Prior to any change in the business 'name of the adult
entertainment establishment.
d. Prior- to the enlargement of any existing adult entertainment as
described in Section 21-410.22(c).
2. TEMPORARY U;SES /ZONI_NG PERMITS:
A. Delete. Section 2 -312 pertaining to special outside 'events on
private or public property.
B. Amend /add Section 26 -100 through 26 -110 pertaining to the
regulation of zoning permits for temporary and special use
activities.
There were no speakers.
A motion was made by Commissioner Sobel and seconded by Commissioner
Serpilio to recommend approval of a negative declaration per ,the :findings as
follows :
AYES: 6 NOES 0 ABSENT: 1 (Libarle)
22
327
Findings for Negative Declaration
1. The proposed amendments will have no significant adverse effects on
the environment.
2. Special environmental effects applicable to a particular site through the
application of these changes will have further environmental review on
a case by case basis.
A motion was made by Commissioner Sobel and seconded by Commissioner
2. That the public convenience and general welfare require or clearly
permit the adoption of the proposed amendments, deletions or
additions.
Article 26, Section 26 -100 of Zoning Ordinance No. 1072 N.C.S., is hereby
amended as follows:
SECTION 26 -100 ZONING PERMITS. - No property owner shall conduct
or permit to be conducted a special activity as defined in Section
26 -101 of the Zoning Ordinance on his land without first obtaining a
Zoning Permit from the Director of Community Development and
Planning.
A new Article 26, Section 26 -101 is hereby added to Zoning Ordinance No.
1072 M.C.S. to read as follows:
216 -101 Special Activity Defined. A .special, activity is any of the
following temporary (60 days or less) uses of private property:
A. Outdoor sale of Christmas trees, pumpkins,. or other produce,
goods or merchandise.
B. Outdoor swap meets, rummage sales, or flea markets.
C. Carnivals, circuses, rodeos, fairs, festivals, tent sales, open air
theaters, exhibits, games of skill, rides, booths, concession
stands and other temporary entertainment events open to the
public which are held out of doors or in a temporary structure (a
structure to be used for 60 or less days) .
D. Use of a lot for outdoor storage - of vehicles as defined in
California Vehicle Code Section 670.
23
Serpilio
to recommend approval
of the zoning text amendment per the
findings
as follows:
AYES:
6 NOES: 0
ABSENT: 1 (Libarle)
U
Findings
for Zoning Ordinance Text Amendments
1. The
proposed amendments,
deletions and additions are consistent with
the
General Plan/EDP goals
and policies.
2. That the public convenience and general welfare require or clearly
permit the adoption of the proposed amendments, deletions or
additions.
Article 26, Section 26 -100 of Zoning Ordinance No. 1072 N.C.S., is hereby
amended as follows:
SECTION 26 -100 ZONING PERMITS. - No property owner shall conduct
or permit to be conducted a special activity as defined in Section
26 -101 of the Zoning Ordinance on his land without first obtaining a
Zoning Permit from the Director of Community Development and
Planning.
A new Article 26, Section 26 -101 is hereby added to Zoning Ordinance No.
1072 M.C.S. to read as follows:
216 -101 Special Activity Defined. A .special, activity is any of the
following temporary (60 days or less) uses of private property:
A. Outdoor sale of Christmas trees, pumpkins,. or other produce,
goods or merchandise.
B. Outdoor swap meets, rummage sales, or flea markets.
C. Carnivals, circuses, rodeos, fairs, festivals, tent sales, open air
theaters, exhibits, games of skill, rides, booths, concession
stands and other temporary entertainment events open to the
public which are held out of doors or in a temporary structure (a
structure to be used for 60 or less days) .
D. Use of a lot for outdoor storage - of vehicles as defined in
California Vehicle Code Section 670.
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328
E. The erection of a temporary habitable structure on a vacant lot or
construction site.
Article 26, Section 26 -101 of Zoning Ordinance No. 1072 N.C.S. is
re- numbered Section 26 -102 and amended to read as follows:
26 -102 Application An application for a zoning permit shall be filed
with the Director of Community Development and Planning by the
owner of the property where the special activity will occur or his
agent: An application for a 'Zoning Permit shall be filed no less than
thirty (30.) days nor more than six months prior to the date the
special activity is to commence. Upon a showing of good cause, the
Director may process an application. filed less than 30 days before the
activity date if. sufficient time remains to investigate the application.
Article 26, Section 26 -102 of 'Zoning Ordinance No. 1072 N.C.S. is
re- numbered Section 26.103.
A new Article 26., Section .26 -104, is hereby added to Zoning Ordinance No.
1072 N.C.S. to read as follows:
26 -104 Application fee .. The fee for a Zoning Permit shall be
established by resolution of the City Council.
Article 26, Section 26 -103 is re- numbered Section .26-105 and amended as
follows:
26 -105 Issuance of Permit The Director of Community Development
and Planning shall issue a Zoning Permit unless he determines from a
consideration of the application or other pertinent information, that:
A. The operation or location of the proposed special activity would
violate any ,provision of the, Petaluma . Municipal Code and .Petaluma
Zoning Ordinance including but not limited to the Performance
Standards Specified in Article 22 of the Zoning Ordinance.
B. The operation or location of the proposed special activity would
adversely effect surrounding uses 'or structures.
C. The proposed special activity would be substantially out of
compliance with permitted. uses on surrounding property and /or
the permitted principal and accessory uses in the zone district in
which the proposed' special activity is to be located.
D. The proposed special activity would have a. substantial adverse
impact on street congestion or vehicular traffic hazards in the
City of Petaluma or on the movement of pedestrian traffic.
E. The planned duration of -the special activity is in excess of 60
days.
F. Information contained in the Zoning Permit application, or
supplemental information requested from the applicant, is found to
be false in any material detail.
0
r
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329
G. The applicant has had a Zoning, Permit for the same or a similar
special .activity revoked by the City within two calendar years
immediately preceding the application..
A new' Article 26, Section 26 -106 is hereby added to Zoning Ordinance No.
1 N�. C . S . to read as follows:
26 -106 Permit Conditions The Director may condition the issuance of a
Zoning. Permit by imposing reasonable requirements with respect to
location, construction, maintenance, operation. and duration to insure
compliance with the Zoning Ordinance and to protect surrounding uses
00 and the safety of persons and property. Such conditions include but
are not limited to:
U A;. Restrictions as to proximity to adjacent land.
B,. Restrictions on hours. of operation and duration of the special
activity.
C. Restrictions to insure compliance with the performance standards
in Article 22 of the Zoning Ordinance including restrictions on
noise generating equipment and amplified sound systems.
D, Off= street parking . requirements and conditions concerning
accommodation of pedestrian and vehicular traffic in the vicinity
of the special activity.
E: Restrictions on use and placement of signs.
F. Requirements and restrictions on use of lighting.
G Requirements for the use of garbage containers and cleanup
during the special activity, and cleanup /restoration of the
property immediately following the termination of the special
activity.
A new . Article 26, 'Section 26 -107 is hereby added to Zoning Ordinance No.
1072 N.C.S.. to read as follows:
26 -107 Duration of Permit The Zoning Permit' shall be - issued by the
Director for a period, to exceed 30 days. The Zoning 'Permit may
be renewed by the permittee once for a period not to exceed 30 days.
The: Director may deny an application for permit extension for any of
the grounds specified in Section 26 -105 , or due to the applicant's
failure to comply with the terms and conditions of the original Zoning
Permit. The Director may add additional permit conditions upon permit
renewal.
Article 26, Section 26 -104 of Zoning Ordinance No. 1072 N.C.S. is
re- numbered Section 108 and amended to read as follows:
26 -108 Limitation on Use Land or buildings may be occupied and used
only for the use for which the Zoning Permit is issued and in
accordance with all permit conditions imposed by the Director.
25
330
Article 26, Section 26 -105 of Zoning Ordinance No. 1072 N.C.S. is
re- numbered Section 109 and amended to read as follows:
26 -109 Revocation
A. When a Zoning Permit has not, been used within six (6) months
after the date of granting thereof, then without further action
the permit shall be deemed revoked.
B_ The Director may revoke a Zoning Permit for failure of the
permit-tee to comply with all the terms and conditions of the
permit or for violating the Petaluma Municipal .Coale, or the Zoning
Ordinance. Notice of the Director's action revoking the permit
shall be delivered inwriting to the permittee by -personal service
or by certified mail stating the grounds therefor.
A new Article 26, Section . 26 -110 is hereby added to Zoning Ordinance No.
1072 N.C.S. to read as follows:
9.,
26 -110 Appeals
A. The applicant or any interested party may appeal a .: permit denial
or permit condition or the Director's decision, :not to renew the
Zoning Permit. A 'permittee or any interested party may also
appeal the Director's decision to revoke his Zoning Permit. Such
appeal :shall be made in writing to the Director within 10 days of
the date of the Director's decision. The Director shall cause the
matter to be placed on the next available agenda of the Planning
Commission..
B. 'The applicant or any interested party may appeal the decision of
the Planning Commission to the City Council. The appeal shall be
conducted in, the same manner provided in Sect -ions 26 -507.1
through 26 of the Zoning Ordinance for appeal of Planning
Commission :decisions on Use Permit .Applications.
C. The City 'Council may -affirm, reverse or modify a decision of. the
Planning Commission on a Zoning Permit. A Zoning Permit which
has been the subject of an appeal to the Council shall become
effective on the date specified by the City Council.
Article 2, Section 2 -3.12 shall be repealed in its entirety.
ADJOURNMENT: 11:15 PM.
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