HomeMy WebLinkAboutOrdinance 2422 N.C.S. 12/19/2011 ORDINANCE NO. 2422 N.C.S
FFECTIVE DATE
OF ORDINANCE
January 18, 2012
1 Introduced by Seconded by
2
3
4
5 Mike Healy Teresa Barrett
6
7
8 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING CHAPTER 4,
9 SECTION 4.030, ALLOWABLE LAND USES AND PERMIT REQUIREMENTS; ADDING SECTION
10 7.100, BED AND BREAKFAST INNS TO CHAPTER 7, STANDARDS FOR SPECIFIC LAND USES;
11 AMENDING CHAPTER 8, ALCOHOLIC BEVERAGE ESTABLISHMENTS, SECTION 8.030, ZONES
12 FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS; ADDING SECTION 8.035, TASTING ROOMS;
13 AMENDING CHAPTER 24, SECTION 24.010, SITE PLAN AND ARCHITECTURAL REVIEW;
14 AND AMENDING CHAPTER 24, SECTION 24.030, CONDITIONAL USE PERMITS,
15 OF THE CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE
16 •
17 WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (170)
18 provides in pertinent part that no amendment that regulates matters listed in Government Code
19 Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the
20 amendment to be in conformity with the General Plan; and,
21
22 WHEREAS, on November 15, 2010 the Petaluma City council accepted the Petaluma
23 Economic Development Strategy which identifies filling nonresidential vacancies and expanding •
24 tourism among other strategies as short-term, high-priority economic development initiatives for
25 improving Petaluma's economic climate; and,
26
27 WHEREAS, staff has proposed a series of provisions amending the IZO, Chapter 4,
28 Section 4.030, Allowable Land Uses and Permit Requirements; adding Section 7.100, Bed and
29 Breakfast Inns to Chapter 7, Standards for Specific Land Uses; amending Chapter 8, Alcoholic
30 Beverage Establishments, Section 8.030, Zones for Alcoholic Beverage Establishments and
31 adding Section 8.035, Tasting Rooms; amending Chapter 24, Section 24.010, Site Plan and
32 Architectural Review; and amending Chapter 24, Section 24.030, Conditional Use Permits, as
33 hereinafter set forth, (collectively, "the amendments"), in order to reduce barriers to filling
34 existing vacancies, and promote economic development; and
35
36 WHEREAS, a public notice of the October 11, 2011 public hearing before the Planning
37 Commission fo consider the amendments was published in the Argus-Courier on September 29,
38 2011; and,
39
40 WHEREAS, on October 11, 2011, the Planning Commission held a duly-noticed public
41 hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section
42 24.010; and,
43
Ordinance No. 2422 N.C.S. Page 1
1 WHEREAS, after the conclusion of said public hearing, the Planning Commission
2 adopted its Resolution No. 2011-04, recommending that the City Council adopt the
3 amendments, with modifications; and,
4
5 WHEREAS, on November 24, 2011, a public notice of the December 5, 2011 public
6 hearing before the City Council to consider the amendments was published in the Argus-
7 Courier; and,
8
9 WHEREAS, on December5, 2011, the City Council of the City of Petaluma held a duly
10 noticed public hearing to consider the amendments.
11
12 FINDINGS
13
14 The City Council of the City of Petaluma hereby finds:
15
16 1. The provisions amending the IZO, Chapter 4, Section 4.030, Allowable Land Uses
17 and Permit Requirements; adding Section 7.100, Bed and Breakfast Inns to Chapter 7, Standards
18 for Specific Land Uses; amending Chapter 8, Alcoholic Beverage Establishments, Section 8.030,
19 Zones for Alcoholic Beverage Establishments and adding Section 8.035, Tasting Rooms;
20 amending Chapter 24, Section 24.010, Site Plan and Architectural Review; and amending
21 Chapter 24, Section 24.030, Conditional Use Permits, as hereinafter set forth, (collectively, "the
22 amendments"), are in general conformity with the Petaluma General Plan 2025 and the Central
23 Petaluma Specific Plan because the amendments are expected to reduce existing vacancies,
24 encourage new development, promote job growth, and assist in the preservation of historic
25 structures, thereby contributing to the City of Petaluma's economic base, yielding net fiscal
26 benefits and strengthening the vitality and diversity of the community.
27
28 2. The public necessity, convenience, and general welfare clearly permit the
29 amendments.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA THAT THE
32 CITY OF PETALUMA IMPLEMENTING ZONING ORDINANCE IS AMENDED AS FOLLOWS:
33
34 Section 1. The Table of Contents is hereby amended to add "Section 7.100, Bed and
35 Breakfast Inns" to the Table of Contents, Chapter 7, Standards for Specific Land Uses; and to add
36 "Section 8.035, Tasting Rooms," to the Table of Contents, Chapter 8, Alcoholic Beverage
37 Establishments.
38
39 Section 2. Chapter 4, Zone Districts, Section 4.030, Allowable Land Uses and Permit
40 Requirements, Footnote 6 to Tables 4.1 through 4.5 is hereby amended to read as follows:
41
42 Note:
43 (6) Permitted use on an upper floor or behind ground floor street fronting use; use in other
44 locations allowed subject to a CUP.
45
46 Section 3. Chapter 4, Zone Districts and Allowable Land Uses, Section 4.030,
47 Allowable Land Uses and Permit Requirements, Tables 4.1 and 4.2 are hereby amended to read
48 as follows:
49
50
51
Ordinance No. 2422 N.C.S. Page 2
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� - C "Conditi `al Us m d
y TABLE�4 1 µ , P UP own ePec itRequire
s £ r S Permit'Req,Regulnnt i Specific Use2
a Allowed Land Uses'and Permit .} Regulations•Tr;Requu meets for Natural aril Rural^Zones q Accessory Usera.,s
I- �'�
-, . 4 s, = 4 yr, _ Use,Not�Qllowed. .•
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' " AND USE-LT,YPEc(t1.)* p.- tOSP if`AG ARRr r4Rl��
k Regulatlons�
LODGING
Lodging - Bed & Breakfast Inn (B&B) — CUP Section 7.100
Residential Zones
� ' ._ Fs._y + , ,--.'rz+. .P(16)"-x' -�, 'P,zermittedrUse
TABLE 4f2 ` CUPS rConditional UsePermit Requir ed ; •.
x a ` s Permit+Requirement>inSpecificv
Allowed --Land Uses and Permit,Requirements "e Use Regulations
�„ s for ResidentialrUses s A3 t Accessorry�yUse
�a .4Q � =, a'� �-' - : `Mv`.. s _ `r Use Not Allowed . .
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LODGING
Lodging -Bed & breakfast inn (B&B) CUP CUP — Section 7.100 „
1
2
3 Section 4. Chapter 7, Standards for Specific Land Uses, of the City of Petaluma
4 Implementing Zoning Ordinance is hereby amended to add Section 7.100 entitled "Bed &
5 Breakfast Inns" to read as follows:
6
7 7.100 Bed 8 Breakfast Inns
8
9 This Section provides requirements and conditions for the establishment and operation of a bed
10 and breakfast inn (B&B) within a residential zoning district.
11
12 A. Purpose. The intent of this section and the standards outlined below are to assist in
13 preservation and adaptive reuse of the city's historic resources, to serve visitors of
14 Petaluma, to ensure that bed and breakfast inns are compatible with the residential
15 area and to preserve the residential character of the neighborhoods in which they
16 are located.
17
18 B. Permit Required. No bed and breakfast inn shall be established within a residential
19 zoning district where oche wise allowed as outlined in Tables 4.1 and 42 without
20 application for and approval of a conditional use permit'in compliance with Section
21 24.030.
22
Page 3
Ordinance No. 2422 N.C.S.
1 C. Findings. In addition to use permit findings required by Chapter 24.030, the decision
2 making body shall make the following findings prior to approval of a use permit for
3 the establishment of a bed and breakfast inn in a residential zoning district:
4 1. The establishment of the bed and breakfast inn is consistent with General Plan
5 policies regarding historic preservation;
6 2. The bed and breakfast inn use will not be detrimental to the historic or
7 architectural character of the existing building(s); and
8 3. The bed and breakfast inn use is compatible with and will not be detrimental to
9 the character of the neighborhood and surrounding and uses.
10
11 D. Requirements and Conditions. The following requirements and conditions apply to all
12 bed and breakfast inns within residential zoning districts:
13
14 1. Adaptive Reuse. Establishment of bed and breakfast inns shall be limited to the
15 adaptive reuse or conversion of an historic or architecturally unique residential
16 structure and shall not require significant exterior modifications that would
17 diminish the uniqueness or significance of the residential structure or surrounding
18 neighborhood.
19
20 2. Concentration. When a new bed and breakfast inn is proposed within 300 feet of
21 another bed and breakfast inn, the decision-making body shall make an
22 additional finding prior to approval of the use that the new bed and breakfast inn
23 does not harm the character and/or use of adjacent residential properties. In
24 considering the findings required by this subsection and subsection 7.100.0
25 above, the decision maker shall also consider the number of existing and
26 proposed bed and breakfast inns within 300 feet of the proposed use in
27 determining whether the proposed use is compatible with and not detrimental to
28 the character of the neighborhood and surrounding land uses and not harmful to
29 the character and/or use of adjacent residential properties.
30
31 3. Modifications. New structures or additions to the existing structure shall be
32 designed to maintain the established residential character and scale of the
33 individual property and the surrounding neighborhood.
34
35 4. Limit on Maximum Number of Guest Rooms. The number of guest rooms permitted
36 shall be determined in the conditional use permit process based on the size of
37 the existing building, grounds and site; the relationship of the site to the
38 character, size and scale of surrounding neighborhood buildings; and visitor
39 access and parking. In general, the number of guest rooms should not exceed 7.
40
41 5. On-Site Manager. An on-site manager shall maintain residence on the site.
42
43 6. Length of Stay. Visitor occupancy shall be limited to a maximum of twenty-nine
44 consecutive days.
45
46 7. Food Service. Food service shall be limited to registered overnight guests only
47 and shall not include an independent restaurant. Cooking facilities in individual
48 guest rooms are prohibited (with the exception of microwaves and coffee
49 makers).
50
51 8. Events. Amplified music, lawn parties, outdoor weddings, and other similar
52 activities shall not occur on site unless specifically allowed through the approved
Ordinance No. 2422 N.C.S. Page 4
1 conditional use permit. All such ancillary uses shall comply with city performance
2 standards, including but not limited to the performance standards in Chapter 21.
3
4 9. Signs. One on-site sign shall be allowed on each street frontage. If illuminated,
5 signs shall be indirectly illuminated, and each sign shall not exceed two square
6 feet in area, consistent with Section 20.110(B)(4).
7
8 10. Parking. On-site parking shall be provided as required in Table 1 1 .1 for Bed and
9 Breakfast Inns.
10
11 11. Transient Occupancy Tax. Bed and breakfast rentals shall be subject to the City's
12 transient occupancy tax.
13
14 E. Public Notice. Noticing for bed and breakfast inn applications shall include mailed
15 notice to properties within 1,000 feet of the proposed use.
16
17 Section 5. Chapter 8, Alcoholic Beverage Establishments, Section 8.030, Zones for
18 Alcoholic Beverage Establishments, is hereby amended to read as follows:
19
20 Section 8.030- Zones for Alcoholic Beverage Establishments
21
22 Alcoholic beverage establishments are conditional uses only in the commercial and mixed use
23 zones, Cl, C2, MUTA, MU1B, and MU2 and in certain P.U.D.s where appropriately designated as
24 identified by the Zoning Ordinance and General Plan. A tasting room which qualifies as an
25 ancillary use pursuant to Section 8.035 may also be allowed in the industrial and business park
26 zones, I and BP.
27
28 Section 6. Chapter 8, Alcoholic Beverage Establishments, is hereby amended to add
29 Section 8.035, Tasting Rooms, to read as follows:
30
31 8.035-Tasting Rooms
32
33 Tasting rooms associated with an alcohol production facility may be considered ancillary to the •
34 primary use and approved by the Zoning Administrator as provided by Section 24.030(M), upon
'35 compliance with all of the following criteria:
36
37 A. The tasting room shall be located on the premises of the alcohol production facility
38 and operations shall be ancillary to the primary use. "Ancillary" for purposes of this
39 section means subordinate, auxiliary, smaller and less intensive than the primary use;
40
41 B. The tasting room shall not operate as a stand-alone bar or tavern;
42
43 C. The tasting room shall only serve and/or sell those beverages produced by the
44 company on site; and
45
46 D. The tasting room shall comply with all applicable ABC and State regulations tor wine,
47 beer, and distilled spirit manufacturers and tasting rooms.
48
49 E. In addition to satisfying all of the above criteria, prior to issuance of a minor
50 conditional use permit hereunder, the Zoning Administrator must determine that the
51 minor conditional use permit also meets the general welfare standard set forth as a
52 required finding for conditional use permits in Section 24.030.H.
Ordinance No. 2422 N.C.S. Page 5
1
2 Section 7. Chapter 24, Administrative Procedures, Section 24.010, Site Plan and
3 Architectural Review, Subsection 24.010.1, Expiration of Permit, is hereby amended to read as
4 follows:
5
6 I. Expiration of Permit. Site Plan and Architectural Review approval shall
•
•
7 automatically expire twelve (12) months after approval unless the permit has been
8 exercised or unless an extension of time is approved in compliance with subsection J. The
9 approval shall not be deemed "exercised" until the permittee has commenced the
10 approved use on the site in compliance with the conditions of approval or an
11 application for building permit has been submitted in compliance with the conditions of
12 approval. The approval shall remain valid after it has been exercised as long as a
13 building permit remains active or a final building inspection or certificate of occupancy
14 has been granted. Upon expiration of Site Plan and Architectural Review approval, no
15 further work shall be done on the site until a new approval is first obtained.
16
17 Section 8. Chapter 24, Administrative Procedures, Section 24.010, Site Plan and
18 Architectural Review, Subsection 24.010.J, Extension of Time, is hereby amended to read as
19 follows:
20
21 J. Extension of Time. Upon submittal of an application to the Community
22 Development Department on a form prescribed for this purpose by the Department, the
23 Director may extend the time limit established in subsection 24.010.1. for Site Plan and
24 Architectural Review approval
25
26 1. The application filed shall include a written request for an extension of time
27 and shall be filed at least 30 days prior to the expiration of the site plan and
28 architectural review approval, together with the filing fee required by the
29 adopted fee schedule.
30
31 2. The Director shall determine whether the applicant has made a good faith
32 effort to exercise the approval. The applicant shall provide substantial
33 evidence that circumstances beyond the control of the applicant have
34 created an inability to commence the use or apply for a building permit
35 within the time period in subsection 24.010.1. For purposes of this subsection
36 only, such circumstances may include but are not limited to financial
37 hardship, temporary delay or unavailability of funding, unanticipated delays
38 in securing necessary property rights for the project and/or unanticipated or
39 abnormal weather conditions sufficient to delay commencement or
40 completion of construction or pre-construction activities. The requirements of
41 this subsection requiring the provision of substantial evidence shall not apply
42 to city public facility projects.
43
44 3. The Director may grant up to three 12-month extensions to the expiration date
45 of the original approval only upon the Director's determination separately for
46 each extension that conditions of the site and in the vicinity of the project are
47 substantially the same as when the permit or approval was originally granted
48 and/or that any changes which have occurred do not affect the validity of
49 the findings for the original approval, that the project remains in general
50 conformance with General Plan and zoning ordinance requirements and that
51 the applicant has made a good faith effort to exercise the approval. Only
•
Ordinance No. 2422 N.C.S. Page 6
•
1 one 12-month extension may be granted at a time. More than three
2 extensions may be granted for city public facilities projects.
3
4
5 Section 9. Chapter 24, Administrative Procedures, Section 24.010, Site Plan and
6 Architectural Review, Subsection 24.010.K; Reactivation, is hereby added to read as follows:
•
7
8 K. Reactivation. Expired site plan and architectural review approvals may be
9 granted reactivation by the Director upon a determination that the conditions stated for
10 granting extensions pursuant to subsection L above are met. The application for
11 reactivation shall be in general conformance with General Plan goals and policies and
12 zoning ordinance requirements in effect at the time of application for reactivation. Any
13 reactivated project must comply with said requirements and with current building codes.
14 The property owner/applicant must request reactivation by July 31, 2012 by submittal of
15 an application and payment of application fee, which shall be the same as the fee for
16 an extension of time. Applications tor reactivation submitted later than July 31, 2012 shall
17 not be accepted. This subsection shall expire after July 31, 2012, and shall be of no force
18 or effect thereafter, unless otherwise,amended.
19
20 Section 10. Chapter 24, Administrative Procedures, Section 24.030, Conditional Use
21 Permits, is hereby amended to read as follows:
22
23 24.030 - Conditional Use Permits
24
25 A. Purpose. The purpose of the conditional use permit is to ensure the proper
26 integration of uses which, because of their special nature, may be suitable only in certain
27 locations and only provided such uses are arranged or operated in a particular manner.
28 In addition to the review described herein, any proposed conditional use shall be subject
29 to site standards set forth in Section 24.010 (SPARC review). Additional application shall
30 be required and additional fee shall be charged for site plan and architectural review.
31
32 B. Application. Application for a conditional use permit shall be made by the
33 property owner or certified agent thereof to the Planning Commission on a form
34 prescribed for this purpose by the City of Petaluma and shall be accompanied by such
35 additional documents or supporting material as may be required for review of the
36 proposed use, including where appropriate, the plans, drawings, and information to
37 permit a site plan and architectural review in accordance with the procedure in Section
38 24.010(E) (SPARC Investigation & Report).
39
40 C. Fee. The fee for a conditional use shall be established by resolution of the City
41 Council from time to time hereinafter enacted.
42
43 D. Investigation and Report. The Zoning Administrator (Director) shall make an
44 investigation of the application and shall prepare a report thereon which shall be
45 submitted to the Planning Commission.
46
47 E. Public Hearing. The Planning Commission shall hold at least one (1) public
48 hearing on each application fora conditional use permit except for minor conditional
49 use permits as provided in subsection P hereof.
50
51 F. Notice of Public Hearing. The Planning Commission shall publish a notice of
52 hearing in a newspaper of general circulation in the City of Petaluma not less than ten
Ordinance No. 2422 N.C.S. Page 7
1 (10) days prior to the date of such hearing. Failure of owners to receive notice of hearing
2 shall in no way affect the validity of action taken. In addition, the Commission may
3 publicize the hearing in any other manner as it sees fit.
4
5 G. Considerations for Review of Applications. In reviewing an application for a
6 conditional use permit, the Planning Commission shall give due regard to the nature and
7 condition of all adjacent uses and structures, and to the following general and specific
8 requirements:
9 1. The siting of the building or use, and in particular:
10 a. The adequacy of the site to accommodate the proposed use or building •
11 and all related activities.
12 b. The location and possible screening of all outdoor activities.
13 c. The relation of the proposed building or use to any adjoining building with
14 particular attention to protection of outlook, light, air, and peace and
15 quiet.
16 d. The location and character of any display of goods and services and the
17 size, nature, and lighting of any signs.
18 e. The intensity of activity.
19 2. Traffic circulation and parking, and in particular:
20 a. The type of street serving the proposed use in relation to the amount of
21 traffic expected to be generated.
22 b. The adequacy, convenience, and safety of provisions for vehicular
23 access and parking, including the location of driveway entrance and
24 exits.
25 c. The amount, timing, and nature of any associated truck traffic.
26 3. The compatibility of the proposed building or use with its environment, and in
27 particular:
28 a. The number of customers or users and the suitability of the resulting activity
29 level to the surrounding uses and especially to any neighboring uses of
30 unusual public importance such as schools, libraries, playgrounds,
31 churches, and hospitals.
32 b. Hours of operation.
33 c. Adequacy of provisions for the control of any off-site effects such as noise,
34 dust, odors, light, or glare, etc.
35 d. Adequacy of provisions for protection of the public against any special.
36 hazards arising from the intended use.
37 e. The proportion of total space utilized.
38 4. The expected duration of the proposed building, whether temporary or
39 permanent, and the setting of time limits when appropriate.
40 5. The degree to which the location of the particular use in the particular
41 location can be considered a matter of public convenience and necessity.
42
43 H. Findings. The Planning Commission shall approve a conditional use permit only
44 when it has found in writing that the proposed structure or use, subject to any conditions
45 which it may have attached, will conform to the requirements and the intent of this
46 Ordinance and the Petaluma General Plan, and that such use will not, under the
47 circumstances of the particular case, constitute a nuisance or be detrimental to the
48 public welfare of the community. These findings shall be based on substantial evidence
49 in view of the whole record to justify the decision.
50
Ordinance No. 2422 N.C.S. Page 8
1 1. Conditions. The Commission may impose such requirements and conditions with
2 respect to location, construction, maintenance, operation, and duration as may be =-
3 deemed necessary for the protection of adjacent properties and the public interest.
4
5 J. Revocation. Upon violation of any applicable provision of this Ordinance, or, if
6 granted subject to a condition or conditions, upon failure to comply with the condition or
7 conditions, a certified letter shall be sent to the permittee informing the permittee of the
8 facts constituting noncompliance and stating that the permittee has twenty (20)
9 calendar days from the date the letter is received to comply with the provisions and
10 conditions of the use permit. If after twenty (20) days has elapsed from the date of said
11 notice, the permittee has failed to comply with the provisions and conditions of the use
12 permit, the Director shall send a second certified letter to the permittee suspending the
13 use permit and advising the permittee of the permittee's right to be heard by filing an
14 appeal pursuant to Section 24.070 within twenty (20) days of the second notice letter.
15 The suspension will be in effect for twenty (20) calendar days from the date of
16 notification. If, after the twenty (20) days suspension the violation has not been
17 remedied, or the permittee has failed to file a timely appeal, the use permit shall be
18 deemed revoked and shall be null and void without further action by the City.
19
20 K. Expiration of Permit. A conditional use permit shall automatically expire twelve
21 (12) months after approval unless the permit has been exercised or unless an extension of
22 time is approved in compliance with subsection L. The approval shall not be deemed
23 "exercised" until the permittee has commenced the approved use on the site in
24 compliance with the conditions of approval or an application for building permit has
25 been submitted in compliance with the conditions of approval
26
27 L. Extension of Time. Upon submittal of an application to the Community
28 Development Department on a form prescribed for this purpose by the Department, the
29 Director may extend the time limit established in Subsection 24.030.K for the initial life of
30 an approved conditional use permit which has not been exercised.
31
32 1. The application filed shall include a written request for an extension of time
33 and shall be filed at least 30 days prior to the expiration of the conditional use
34 permit, together with the filing fee required by the adopted fee schedule.
35
36 2. The Director shall determine whether the applicant has made a good faith
37 effort to exercise the approval. The applicant shall provide substantial
38 evidence that circumstances beyond the control of the applicant have
39 created an inability to commence the use or apply for a building permit
40 within the time period in subsection K hereof. For purposes of this subsection
41 only, such circumstances may include but are not limited to financial
42 hardship, temporary unavailability or delay in funding, unanticipated delays in
43 securing necessary property rights for the project, unanticipated or abnormal
•
44 weather conditions sufficient to delay commencement or completion of
45 construction or pre-construction activities. These circumstances apply only to
46 the extension of time for commencement of use under a newly issued use
47 permit and not to cessation of activity for purposes of abandonment of a use
48 permit, pursuant to Section 24.030.M. The provisions of this subsection shall not
49 apply to city public facility permits.
50
51 3. The Director may grant up to three 12-month extensions to the expiration date
52 of the original approval only upon the Director's determination separately for ?.
Ordinance No. 2422 N.C.S. Page 9
1 each extension that conditions of the site and in the vicinity of the project are
2 substantially the same as when the permit or approval was originally granted
3 and/or that any changes which have occurred do not affect the validity of
4 the findings for the original approval, that the project remains in general
5 conformance with General Plan and zoning ordinance requirements and that
6 the applicant has made a good faith effort to exercise the approval. Only
7 one 12-month extension may be granted at a time. More than three
8 extensions may be granted for city public facilities projects.
9
10 M. Abandonment. Whenever the use permitted by a conditional use permit has
11 been abandoned, the permit shall be deemed revoked, and shall be null and void. For
12 purposes of this section, "abandonment" means:
13
14 1. Cessation of the use permitted by the permit for a period of one year.
15
16 2. Institution of a different use which does not include the use which is the
17 subject of the permit.
18
19 3. Receipt of and commencement of use under a new use permit for a use or
20 combination of uses not previously permitted.
21
22 4. Except in the case of an extension pursuant to Subsection 24.030.L, or
23 reactivation pursuant to Subsection 24.030.5, cessation of diligent activity to
24 construct the permitted use for a period of one year or more, once begun,
25 unless the cessation of activity is due to factors beyond the control of the
26 property owner. For purposes of this subsection only lack of adequate
27 financing, bankruptcy or financial failure of the owner or his agent,
28 employees, contractors, or investors will be deemed to be within the control
29 of the owner.
30
31 Upon abandonment, any affected owner may apply for a new conditional use permit,
32 which shall be governed by regulations in effect at the time of approval thereof, if such
33 approval is forthcoming.
34
35 N. New Application. Following the denial of a use permit application or the
36 revocation of a use permit, no application for a use permit for the same or substantially
37 the same conditional use on the same site shall be filed within one 1 ) year from the date
38 of denial or revocation of the use permit. The Zoning Administrator shall determine in
39 his/her discretion whether the proposed use is the same or substantially the same for
40 purposes of this subsection.
41
42 O. Use Permit to Run with Land.. A use permit granted pursuant to the provisions of
43 this Chapter shall run with the land and shall be valid for the successors in interest of the
44 original grantee.
45
46 P. Minor Use Permits. For minor use permits, the Zoning Administrator is hereby
47 empowered to receive applications, notify pursuant to Section 24.030(F), offer the
48 opportunity for public hearings, or approve subject to the same findings and conditions
49 as required of the Planning Commission. For purposes of this section, "minor use permits"
50 include minor exterior modifications or enlargements to existing use permits, said
51 modifications or enlargements being inconsequential in nature and not involving a
52 significant change in operations; minor extension of operating hours to existing use
Ordinance No. 2422 N.C.S. Page 10
1 permits where the business has no appreciable outside noise and/or does not affect an
2 abutting residential district; new use permits where the use is of the same or more
3 restricted nature as the previous use occupying the site; new use permits to authorize
4 dwelling groups, in accordance with the provisions of Section 7.040; new use permits for
5 tasting rooms pursuant to Section 8.035, new use permits to authorize the establishment
6 of conditional uses in commercial and industrial districts where the Zoning Administrator
7 finds that the use will be compatible with adjacent uses and is in conformance with
8 typical development standards, e.g., parking, landscaping, fencing, etc., and
9 applicable performance standards; new use permits to authorize existing single-
10 household dwellings or to reestablish single-household dwellings in selected commercial
11 districts; previously approved use permits which have expired within the past twenty-four
12 months; minor telecommunications facilities in accordance with the provisions of
13 Petaluma Municipal Code 14.44.20.
14
15 Q. Referral to Planning Commission. The Zoning Administrator may refer to the
16 Planning Commission for a public hearing any project and projects for which adverse
17 impacts have been identified as the result of information received in response to public
18 notification and in the determination of the Zoning Administrator, the identified impacts
19 cannot be adequately controlled or mitigated.
20
21 R. Appeal. As prescribed in Section 24.070.
22
23 S. Reactivation. Expired or abandoned conditional use permits may be granted
24 reactivation by the Director upon a determination that the conditions stated for granting
25 extensions pursuant to subsection L above are met. The application for reactivation shall
26 be in general conformance with General Plan goals and policies and zoning ordinance
27 requirements in effect at the time of application for reactivation. Any reactivated project
28 must comply with said requirements and with current building codes. The property
29 owner/applicant must request reactivation by July 31, 2012 by submittal of an
30 application and payment of application fee, which shall be the same as the fee for an
31 extension of time. Applications for reactivation submitted later than July 31, 2012 shall
32 not be accepted. This subsection shall expire after July 31, 2012, and shall be of no force
33 or effect thereafter, unless otherwise amended.
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35 Section 11. Except as amended herein, the City of Petaluma Implementing Zoning
36 Ordinance remains in full force and effect.
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38 Section 12. If any section, subsection, sentence, clause, phrase or word of this ordinance
39 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
40 competent jurisdiction or preempted by state legislation, such decision or legislation shall not
41 affect the validity of the remaining portions of this ordinance. The City Council of the City of
42 Petaluma hereby declares that it would have passed and adopted this ordinance and each
43 and all provisions thereof irrespective of the fact that any one or more of said provisions be
44 declared unconstitutional, unlawful or otherwise invalid.
45 Section 13. This ordinance shall become effective thirty (30) days after the date of its
46 adoption by the Petaluma City Council.
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48 Section 14. The City Clerk is hereby directed to publish or post this ordinance or a
49 synopsis for the period and in the manner provided by the City Charter and any other
50 applicable law.
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52 INTRODUCED and ordered posted/published this 5nh day of December, 2011.
Ordinance No. 2422 N.C.S. Page 11
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5 ADOPTED this 19"h day of December, 2011 by the following vote:
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7 Ayes: Albertson, Mayor Glass, Vice Mayor Healy, Kearney, Renee
8 Noes: Barrett
9 Abstain: None
10 Absent: Harris
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22 ATTEST: APPROVED AS TO FORM:
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