HomeMy WebLinkAboutOrdinance 2876 N.C.S. 12/18/2023 DocuSign Envelope ID: 1CF6ECO2-87F4-4494-B893-633AOA19EDCO
EFFECTIVE DATE URGENCY ORDINANCE NO. 2876 N.C.S.
OF ORDINANCE
January 18, 2024
Introduced by: Michael Healy Seconded by: Janice Cader Thompson
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING CHAPTER 5 OF THE PETALUMA IMPLEMENTING ZONING ORDINANCE TO ADD
SECTION 5.080 ESTABLISHING A FAIRGROUNDS OVERLAY ZONE AND AUTHORIZING A
ZONING MAP AMENDMENT TO ZONE A PORTION OF TWO EXISTING PARCELS LOCATED
AT 866 E WASHINGTON AND 0 E WASHINGTON ST; APNS: 007-031-004; 007-031-005
WHEREAS, Section 76A of the Petaluma City Charter authorizes the adoption of urgency ordinances
for the immediate preservation of the public peace, health and safety, that contain a declaration of and the facts
constituting the ordinance's urgency, so long as they are passed by a unanimous vote of the Council members
present at the time of adoption; and
WHEREAS, Government Code Section 36937(b) authorizes the adoption of urgency ordinances for the
immediate preservation of the public peace, health and safety; and
WHEREAS, in enacting this ordinance,the City Council is relying on the City's police power and
home rule authority pursuant to Article XI, Sections 5 and 7 of the California Constitution to enact and enforce
ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, the City of Petaluma Implementing Zoning Ordinance (IZO) Section 25.010 provides 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 Chapter 25, the City of Petaluma Planning Director may initiate an
amendment, and the City Council may adopt the amendment upon the recommendation of the Planning
Commission; and
WHEREAS, pursuant to IZO Sections 25.010 and 25.050(B), if the Planning Commission finds the IZO
amendments to be in conformance with the Petaluma General Plan, and consistent with the public necessity,
convenience, and general welfare, it may recommend amendment of the IZO to the City Council; and
WHEREAS, pursuant to IZO Sections 25.010 and 25.070, if the City Council finds the IZO
amendments to be in conformance with the Petaluma General Plan, and consistent with the public necessity,
convenience, and general welfare, it may amend the Zoning Code; and
WHEREAS, on December 31, 2023,the 4th District Agricultural Association (DAA) lease for
management and maintenance of the Fairgrounds property will expire; and
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WHEREAS, on January 1, 2024,upon expiration of the DAA lease, the City of Petaluma will assume
site control of the Fairgrounds property; and
WHEREAS, the City of Petaluma will be responsible for all operations on-site, including facility and
grounds maintenance, sub-user interactions, event bookings, programming, and all other related responsibilities;
and WHEREAS, through an extensive year-long public engagement process, the community communicated the
desire for(1) continued operation of the annual fair, (2)better management of the property, and(3) more
accessible, affordable community events and uses; and
WHEREAS, based on community input received during the public engagement process, on October 24,
2022, the City Council,through Resolution 2022-167 N.C.S., adopted eight(8) Guiding Principles to guide all
future efforts of Petaluma City staff to act on and implement feedback from the Petaluma community and the
City Council regarding future uses of the Fairgrounds property; and
WHEREAS, on October 2, 2023, the City Council, through Resolution 2023-157, authorized the City
Manager to execute, on behalf of the City, license agreements with each of the nine existing tenants, to become
effective upon the expiration of the DAA lease agreement on December 31, 2023; and
WHEREAS, the license agreements with each of the nine existing tenants establish terms of use for the
continued operation of existing tenants over the next 3-5 years; and
WHEREAS, some uses established on the site are not expressly permitted within the zoning districts
within which they are located as the historic operation of the site by the 4th DAA was not subject to local
regulations during the period the lease is in effect; and
WHEREAS, continued operation of uses onsite are in the public interest as they provide multiple
community benefits, generate revenue that supports overall site operations, and allow for ongoing interim use
over the next 3-5 years until such time as a Master Plan for the Fairgrounds is adopted and implemented; and
WHEREAS, the Fairgrounds Overlay Zone is a tool that can be used to ensure ongoing operation of the
Fairgrounds property meets the needs of the community; and
WHEREAS, the Fairgrounds Overlay Zone will effectively permit all existing uses, subject to
provisions that preclude enlargement, extension, or relocation onsite; and
WHEREAS, the Fairgrounds Overlay Zone will continue to permit short-term activities, subject to the
approval of a Zoning Permit as set forth in Section 7.070 of the Implementing Zoning Ordinance; and
WHEREAS, the Fairgrounds Overlay Zone will allow for site modifications, such as additional
landscaping, site access and circulation improvements, and similar improvements, subject to review and
approval of Site Plan and Architectural Review by the Planning Commission; and
WHEREAS, the Fairgrounds Overlay Zone will allow for the establishment of new uses, subject to
Planning Commission recommendation and City Council approval,provided that the new use is in alignment
with the visioning of the ongoing General Plan update, is in alignment with the Guiding Principles set forth in
City Council Resolution 2022-167 N.C.S., and that the new use provides a public benefit; and
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WHEREAS, the Fairgrounds Overlay Zone will allow for the establishment of new accessory and
ancillary uses, subject to approval of a Minor Use Permit by the Planning Director,provided that such uses are
in alignment with the visioning of the ongoing General Plan update, are in alignment with the Guiding
Principles set forth in City Council Resolution 2022-167 N.C.S., and that the new uses provide a public benefit;
and
WHEREAS, the Fairgrounds Overlay Zone will provide near-term operation of temporary and semi-
permanent uses that help to achieve four(4) of the eight(8) Guiding Principles adopted by City Council
Resolution 2022-167 N.C.S.; and
WHEREAS, allowing for the establishment of new accessory and ancillary uses, such as community
gardens and farmers markets, would achieve several citywide goals and priorities, including priority item 96,
which seeks to improve access to healthy, sustainable food throughout the community, including consideration
of community garden sites and farmers market locations (e.g., fairgrounds), and events and provides an
opportunity to incorporate elements of the Sonoma County Healthy and Sustainable Food Action Plan; and
WHEREAS, the Fairgrounds Overlay Zone would contribute to community needs in the near term and
would provide an opportunity for the city and the community to assess the appropriateness of new uses, such as
community gardens, farmers markets, and mobile vendors operating at the site, using real-world examples to
inform long-term operations at the Fairgrounds; and
WHEREAS, the Fairgrounds Overlay Zone Ordinance is categorically exempt from the provisions of
the California Environmental Quality Act(CEQA)pursuant to CEQA Guidelines Section 15301 (Existing
Facilities) and 15305 (Minor Alterations in Land Use Limitations); and
WHEREAS, on December 1, 2023, the City's Notice of Public Hearing to be held on December 12,
2023,before the City of Petaluma Planning Commission, was published and mailed to all residents and property
owners within 1,000 feet of the perimeter of the proposed Fairgrounds Overlay Zone; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 12, 2023, at
which time all interested parties had the opportunity to be heard and recommended that Council adopt the
proposed ordinance; and
WHEREAS, in compliance with the City's noticing requirements for zoning amendments, staff mailed
to all residents and property owners within 1,000 feet of the perimeter of the proposed Fairgrounds Overlay
Zone that there would be a public meeting to discuss the proposed amendments.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma, as follows:
Section 1. Recitals Made FindiM. The above recitals are hereby declared to be true and correct and hereby
incorporated into this ordinance as findings of the City Council.
Section 2. Exemptions from CEQA Findings. Finds the proposed Fairgrounds Overlay Zone is categorically
exempt from the California Environmental Quality Act(CEQA)pursuant to CEQA Guidelines Section 15301
(Existing Facilities), which includes operation, repair, maintenance,permitting, leasing, licensing, and minor
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alteration of existing public or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of existing or former use. As proposed, the Fairgrounds Overlay Zone will
allow for ongoing operation of existing uses and maintenance of the property and structures as needed to ensure
public safety. The Fairgrounds Overlay Zone proposes that major site improvements would go through a follow
up discretionary process (Site Plan and Architectural Review, or SPAR). Through a separate discretionary
process (CUP), the proposed Fairgrounds Overlay Zone also provides an avenue for the City to permit the
operation of a community garden, farmer's market, and mobile vendors at the site, which represent temporary
and semi-permanent uses that are consistent with existing uses at the site. The key consideration in the use of
the Class 1 exemption is whether the project involves negligible or no expansion of use. Adoption of the
proposed Overlay will not result in expansion of use. Future site improvements would be determined through
the SPAR process.
Additionally,the Fairgrounds Overlay Zone is exempt from CEQA pursuant to Section 15305 (Minor Alterations
in Land Use Limitations), which consists of minor alterations in land use limitations in areas with an average
slope of less than 20%, which do not result in any changes in land use or density. As proposed, the Fairgrounds
Overlay Zone will effectively permit the ongoing operation of existing land uses, which will not change land use
or density at the site. In addition, the Overlay provides opportunities, subject to additional discretionary review,
for site improvements and operation of a community garden, farmer's market, and mobile vendors, which are
consistent with current commercial and community gathering operations of the site. Furthermore, none of the
exceptions to the use of a categorical exemption as set forth in Section 15300.2 of the CEQA Guidelines apply to
the project. As such, no further review under CEQA is required at this time.
Section 3.Urgency Findings.Finds that adoption of this ordinance as an urgency ordinance with immediate effect
is necessary for the preservation of the public health, safety and welfare in accordance with Section 76A of the
Petaluma City Charter because this ordinance will allow the existing tenants at the Fairgrounds to continue to
operate with legal uses. These uses include a school, childcare, commercial offices, food and coffee shops, an
animal kennel, and outdoor recreation. All these uses benefit the public's health, safety and welfare as they are
diverse uses that create a well-rounded and vibrant community.
Specifically, a school contributes to the intellectual development of individuals and education is crucial for
personal and societal growth.Childcare facilities support working parents,allowing them to maintain employment
and contribute to the economy and ensures the well-being of children. The outdoor recreation uses provide
opportunities for physical exercise, promoting a healthier lifestyle and reducing the risk of obesity and related
health issues as well as having positive effects on mental health and reducing stress and promoting overall well-
being. The commercial offices contribute to economic development which generates employment opportunities
and stimulates the Petaluma economy. The food truck and coffee shop also contribute to economic development
in the city as well and promotes social interaction and community cohesion. And the animal kennel ensures the
proper care and treatment of animals which not only benefits them but their owners.
All these considerations, taken together, constitute the City Council's statement of the reasons constituting the
urgent necessity for adopting this ordinance in accordance with Section 76A of the Petaluma Charter,Government
Code Section 36937(b), and other applicable law.
Urgency Ordinance No. 2876 N.C.S. Page 4
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Section 4.General Plan and Public Necessity Findings. Finds that in accordance with Sections 25.010 and 25.070
of the City's Implementing Zoning Ordinance, Ordinance No 2300 N.C.S., ("IZO"), the proposed amendments
to the IZO contained in Section 5 and Exhibit A, attached hereto and incorporated into this ordinance are in
general conformity with the General Plan 2025 and that the public necessity, convenience, and general welfare
require or clearly permit the adoption of the proposed amendment:
A. General Plan Consistency:
The proposed Fairgrounds Overlay Zone is consistent with existing General Plan policies and programs including
the following:
• Policy 1-P-7: Encourage flexibility in building form and in the nature of activities to allow for innovation
and the ability to change over time.
The Fairgrounds Overlay Zone allows for ongoing operation of existing uses and provides an opportunity
for the site to change in the near-term, which will help to inform use of the site in the long-term. The transition
of the property from the 4' DAA to the City of Petaluma presents an opportunity for innovation through
establishment of uses that provide community benefits such as community spaces, gardens,farmers markets,
uses with a recreational, educational, or agricultural component, nonprofit organizations, and uses that
provide opportunities for community gatherings. The proposed Overlay is intended to provide flexibility and
innovation, consistent with this general plan policy.
• Policy 2-P-82: Work with the Sonoma-Marin Fair to explore more optimal use or relocation of the Fair's
site. Optimal use could include redesign and intensification of the existing acreage; reduction and
intensification of the existing site; or master planning of the Fairground and adjacent property(ies) to
create an improved layout of the fairground; improve compatibility with existing neighborhoods, and
enhance adjacent development potential.
The Fairgrounds Overlay is consistent with this General Plan policy as it will allow for ongoing operation
of the existing tenants and uses, including the annual fair, and will encourage development of accessory and
ancillary uses that are in alignment with adopted Guiding Principles for the site, and provide a public benefit.
Allowing for ongoing operation of existing uses as well as new uses that align with the community's goals
will help to inform master planning efforts for the site and will ensure optimal use is achieved in the near-,
medium- and long-term.
• Policy 2-P-83: Work with the Sonoma-Marin Fair to explore opportunities to achieve a joint-use
agreement and/or year-around use of open space/green field areas of the fairgrounds for public access
and/or recreational activities including group sports.
The Fairgrounds Overlay provides a mechanism to explore opportunities for certain new uses and tenants to
use the Fairgrounds, including use of open spaces for public access and recreational activities, which is
consistent with this General Plan policy, is in alignment with the stated vision and principles for the site, and
provides opportunities for public benefits.
• Policy 6-P-1-G: Encourage and support the collaboration of local school districts, non-profit
organizations and private parties in the use of public lands for outdoor education opportunities such as
Urgency Ordinance No. 2876 N.C.S. Page 5
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community gardens.
The Fairgrounds Overlay will allow ongoing operation during this interim planning period of Live Oak
Elementary and Middle School, Happy Hearts Preschool, and Rebuilding Together, and is also proximate to
the Petaluma Regional Library and Kenilworth Teen Center. The presence of these uses within the Overlay
as well as in proximity to the Overlay provides an opportunity for collaboration to establish new uses such
as community gardens which can be used by the general public as well as provide educational opportunities
for nearby schools, nonprofits, and other organizations.As such, the proposed Overlay is consistent with this
General Plan policy as it encourages and supports collaboration to use public lands to establish community
gardens.
• Policy 6-P-1-H Improve community health and unity by providing community-wide, family-oriented
special events that bring the community together.
The Fairgrounds Overlay provides opportunities to establish new uses and programs that provide community
benefits, such as community gardens and farmers markets, which encourage health and unity by providing
access to healthy foods and additional community gathering spaces in a centralized location within the City.
As such, the proposed Overlay is consistent with this General Plan policy.
• Policy 6-P-1-I Where feasible,acquire and/or restore,maintain and use for the community's benefit,local
historic assets.
The Fairgrounds Overlay Zone is consistent with this General Plan policy as the City will manage and
operate its fairgrounds on January 1, 2024. The Overlay will allow ongoing operation during this transition
period of legacy uses which provide services for the community's benefit and also provides provisions that
allow the property to evolve over time with uses that align with the community's vision for the property and
provide additional community benefits.
B. Public Necessity, Convenience, and General Welfare:
The public necessity, convenience, and general welfare clearly permit the adoption of the proposed Zoning
Map Amendment in that: The continued operation of uses on site is in the public interest as they provide
multiple community benefits, generate revenue that supports overall site operations, and allow for ongoing
interim use over the next 3-5 years until such time as a Master Plan for the Fairgrounds is adopted and
implemented. Additionally, the Fairgrounds Overlay will allow the City to establish new uses and programs
through approval of a Minor Use Permit for uses that provide Community benefits, such as farmers'markets,
healthy food vendors, and a community garden. Additionally, the Fairgrounds Overlay will allow the City to
establish new uses and programs through the approval of a Minor Use Permit for uses that provide Community
benefits.
Section 5. Amendment to Chapter 5 of the Petaluma Implementing Zoning Ordinance. Based on its review of
the entire record herein, including the December 18, 2023, City Council meeting staff report, all supporting,
referenced, and incorporated documents and all comments received, and the foregoing findings,the City Council
adopts an Ordinance to amend the Implementing Zoning Ordinance as shown in Exhibit A.
Urgency Ordinance No. 2876 N.C.S. Page 6
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Section 6. Severability. If any section, subsection, sentence, clause,phrase, or word of this Ordinance is for any
reason held to be unconstitutional, unlawful, or otherwise invalid by a court of competent jurisdiction or
preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted
this Ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions
be declared unconstitutional,unlawful other otherwise invalid.
Section 7. Effective Date. This Ordinance will take effect on January 1, 2024.
Section 8. Repeal. This Ordinance will automatically expire and cease to be of further effect without further
action by the City Council on the date the amendments to Section 5.080 of the Implementing Zoning Ordinance
take effect pursuant to regular Ordinance No. 2877 N.C.S.
Section 9. 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 any other applicable law.
ADOPTED this 18th day of December 2023 by the following vote:
Ayes: McDonnell, Barnacle, Cader Thompson, Healy, Pocekay, Shribbs
Noes: None
Recused: Nau
Absent: None
DocuSigned by:
/ (L)o
Kevin c orinell, Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
(atiu maMt�9a �' 7
Cart m or ey, City Clerk Eric Danly, City Attorney
Urgency Ordinance No. 2876 N.C.S. Page 7
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EXHIBIT A
URGENCY ORDINANCE AMENDING CHAPTER 5 OF THE PETALUMA IMPLEMENTING
ZONING ORDINANCE TO ADD SECTION 5.080 ESTABLISHING A FAIRGROUNDS OVERLAY
ZONE AND AUTHORIZING A ZONING MAP AMENDMENT TO ZONE A PORTION OF TWO
EXISTING PARCELS LOCATED AT 866 E WASHINGTON AND 0 E WASHINGTON ST; APNS:
007-031-004; 007-031-005
Urgency Ordinance No. 2876 N.C.S. Page 8
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Attachment A December 12,2023
Section 5.080 Fairgrounds Overlay Zone Amendment
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Chapter 5 OVERLAY ZONES
Sections:
5.010 Purpose.
5.020 Applicability of Overlay Zones.
5.030 Flood Plain Overlay Zone.
5.040 Historic District Overlay Zone.
5.050 Theater District Overlay Zone.
5.060 Senior Mobilehome Overlay District
5.080 Fairgrounds Overlay Zone
5.080 Fairgrounds Overlay Zone.
A: Purpose and Intent. The purpose and intent of the Fairgrounds Overlay Zone is to allow operation
of existing uses on the City-owned Fairgrounds property,provide specifications for establishment
of new, beneficial uses of the Fairgrounds, including temporary uses, permanent uses and
structures and site improvements as set forth in subsection D, consistent with the Guiding
Principles adopted in City Council Resolution 2022-167 N.C.S., and to ensure ongoing operation
of the site and its uses are in the best interest of the public health,safety,and welfare while a master
plan and associated land use policies and zoning are prepared and adopted for the Fairgrounds
property.
B: District Boundaries. The proposed Fairgrounds Overlay Zone applies to areas of the city-owned
property,generally referred to as the Fairgrounds,identified as Assessor's Parcel Numbers(APNs)
007-031-004 and 007-031-005 and zoned Civic Facility(CF)and Mixed Use 1 B(MU 1 B)as shown
in Figure 5.1 below. The boundaries of the Fairgrounds Overlay Zone are generally described
follows:
The Fairgrounds Overlay Zone is generally bounded by East Washington Street to the west,
Kenilworth Drive to the north (excluding the area known as the Petaluma Swim Center), APNs
005-010-008, -037, -038, -039, 005-020-049, and 007-473-042 to the east, and Payran Street to
the south (excluding the area known as the Petaluma Regional Library, Kenilworth Teen Center,
and Kenilworth Park).
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Figure 5.1:District Boundaries
Fairgrounds Overlay Zone
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Ct(CpmmemW 1) MU1A(Maetl Uea 1A) R] 3) PUD.1 PCua Percale 0 0.13 0.m 05 km
C2(Cpmmemill 2)_mu a(Miced Use 18) R4(Residemial 4) J Pw st—
CF(CinipFaafty) _MU2(Hued Use 2) R5(11ee0e1lial 5) �Hietorip Cardnbg D`dd _Freeway Pirmaary,Tie Coum/NNapa.slaver
FW(Flppanay) 0 Tliealre District
OSP(Dpan Space Palk) FlopC.lay(2D17) City Limit
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C: Definitions
1. Mobile Feed Vendor. A transient business selling goods in the city in a manner that is
intended to be temporary or is capable of being moved from one location to another.
2. Public Benefits. Examples of public benefits concerning uses within the Fairgrounds
Overlay Zone include,but are not limited to, uses that: have an educational component;
provide access to arts and cultural programs and events; offer recreational opportunities;
improve transit access and mobility options; and any other uses that help support
maximizing public access to and use of the Fairgrounds property, and/or that promote the
public health, safety,welfare,and sustainability consistent with the City Council's adopted
Guiding Principles concerning the Fairgrounds.
3. Site Improvements. Horizontal improvements made on the land such as landscaping,
drainage, circulation,parking,utilities, signage, and fencing.
4. Temporary Use. A use of land that is designed, operated and occupies a site for a limited
period of time, typically Tessa 90 60 days or less.
D: Existing and New Permitted Uses and Activities
1. Existing Uses Permitted. The existing uses listed in Table 5.1 below are expressly permitted
within the Fairgrounds Overlay Zone, subject to the terms and conditions in applicable
license agreement(s)between the City of Petaluma and licensee(s). In addition to the terms
and conditions in license agreements and other permits or other authorizations issued by
the City to allow use of the Fairgrounds, all such licenses,permits or other authorizations
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allowing use of the City's Fairgrounds property shall also be subject to the requirements in
a-e of this subsection.
Table 5.1
Licensee Use
El Roy's Mobile Fes Vendor
Java Hut Restaurant, Cafe, Coffee Shop
Airport Express Parking Facility,Commercial
Happy Hearts Preschool Child Care Center
Rebuilding Together Office(Professional/Administrative)
Play Dog Play Kennel,Animal Boarding
Playland Commercial Recreation, Outdoor
Live Oak Elementary and Middle School School
Glad Enterprises I Commercial Recreation, Outdoor
a. Modifications to Existing Permitted Use. Permitted uses existing as of the effective
date of this section or subsequently approved in accordance with this section shall
not be enlarged, extended, or relocated except as expressly authorized in
accordance with the applicable license agreement,and applicable regulations in the
Zoning Ordinance.
b. Change of Existing Permitted Use. Permitted uses existing as of the effective date
of this section or subsequently approved in accordance with this section shall not
be changed to another permitted use, except as allowed in accordance with Section
22.030(C) of the Zoning Ordinance, and subject to a license agreement,permit, or
other City authorization.
c. Change of Operator. Permitted uses existing as of the effective date of this section
or subsequently approved in accordance with this section shall not be transferred
from one operator to another without prior approval by an authorized City official.
or body, subject to a new or amended license agreement,permit, or other City
authorization.
d. Discontinuation of a Use. Absent express authorization of an authorized City
official or body, a use shall be considered abandoned and may not be renewed but
shall require a new use application and issuance of a new authorization in
accordance with all applicable requirements of D(2) of this Section if such use has
been discontinued for a period of 3 months or more.
e. Maintenance and Repair. Nothing in this section shall be deemed to prohibit normal
maintenance and repair of any use or structure permitted pursuant to this section,
subject to all requirements of any applicable license, permit or other City
authorization, or the carrying out,upon the issuance of a building or other permit
as required for structural alterations, demolition or other alterations necessary or
desirable in the interest of public safety as determined by an authorized City official
or body. Where applicable, modifications to existing structures and site
improvements shall address historic eligibility of the structure or improvement as
set forth in the Sonoma-Marin Fairgrounds Historic Resources Documentation,
prepared by Page & Turnbull, July 1, 2022, and shall carry out modifications in a
manner that will not result in a substantial adverse change in the significance of a
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historic resource. Where applicable, a Historic Site Plan and Architectural Review
(HSPAR), or Site Plan and Architectural Review (SPAR) permit shall be obtained
for exterior modifications meeting the criteria set forth in Section 24.050.
2. Annual Sonoma-Mario Fair. The Sonoma-Mann Fair shall be permitted to operate,subject
to the terms and conditions in applicable license agreement(s)between the City of Petaluma
and licensee(s), and all applicable requirements of this section and applicable law,
including applicable rules and regulations of the City.
3. Temporary Uses. The Planning Director may approve a Zoning Permit for temporary uses
in the Fairgrounds Overlay Zone in accordance with applicable requirements in Section
7.070 of the Zoning Ordinance.
4. New Public Benefit Uses Allowed Administratively. The Planning Director may approve a
minor use permit to allow new uses that are not otherwise allowed pursuant to Subsection
(D) of this Section in the Fairgrounds Overlay Zone pursuant to the findings set forth in
Section 24.060(E) of the Zoning Ordinance and affirmative findings that:
a. The use will not involve construction of new permanent structures.
b. The use is consistent with Guiding Principles adopted in City Council Resolution
2022-167 N.C.S.
c. The use provides a public benefit.
d. The use satisfies all applicable requirements of this section, and is subject to a
license agreement,permit,or other City authorization as approved by an authorized
City official or body.
5. New Uses Allowed by City Council. The City Council,upon recommendation of the
Planning Commission may approve new conditional use permits for new uses on the City's
Fairgrounds property that are currently otherwise permitted by-right or conditionally
permitted within the base zoning districts in which they are located. Such approvals shall
be subject to and in accordance with the review criteria and findings set forth in Section
24.060(E), and additional affirmative findings that:
a. The use is consistent with the Guiding Principles adopted in City Council
Resolution 2022-167 N.C.S.
b. The use provides a public benefit.
c. The use satisfies all applicable requirements of this section, and is subject to a
license agreement,permit,or other City authorization as approved by an authorized
City official or body, subject to approval of the use by the City Council.
6. Major Site Improvements. The City Council, upon recommendation of the Planning
Commission, may approve a Site Plan and Architectural Review(SPAR)permit to allow
major site improvements such as new construction of buildings in the Fairgrounds Overlay
Zone pursuant to the findings set forth in Section 24.050(E) of the Zoning Ordinance. The
Director may grant administrative site plan and architectural review approval to minor
additions or modifications, or may refer such development proposals to the Planning
Commission.
E: Prohibited Uses and Activities
1. New Permanent Structures and Uses. No new permanent structures, other than those
permitted in accordance with subsection(D) of this Section shall be permitted within the
Fairgrounds Overlay Zone.
2. New Uses. No new uses, other than those permitted in accordance with subsection(D) of
this Section, shall be permitted within the Fairgrounds Overlay Zone.
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ATTACHMENT B
fixed Use Zones
LE 4.3 Permitted Use
llowed Land Uses and Permit onditional Use Permit Required
equirements for Mixed Use Zones Permit Requirement in Specific Use
`Regulations
AAccessory Use _
�Jse Not Allowed
AND USE TYPE (1) ermit Required by Zo pecific Use
UlA MU1B22 MU1C egulations
Notes:
Refer to Section 5.080 for parcels • 1 Overlay Zone
Civic Facility Zone � �
"Refer to Section 5.080 for parcels in the Fairgrounds Overlay Zone
TABLE 4.5 P(1��'ermitted Use
Allowed Land Uses and Permit Requirements C Conditional Use Permit
for Civic Facility Zone
Required
S Permit Requirement in
Specific Use Regulations
�A Accessory Use
Use Not Allowed
LAND USE TYPE (1) P rme it Specific Use Regulations
Required
by Zone
CFao