HomeMy WebLinkAboutOrdinance 2158 N.C.S. 08/04/2003
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Introduced by:
Council Member Healy
ORDINANCE NO. 21.58 N.C.S.
Seconded by:
Council Member Torliatt
AN ORDINANCE AMENDING ORDINANCE NO. 1072 N.C.S (the Zoning Ordinance)
ADDING ARTICLE 19.7 "T-C, THEATER COMBINING DISTRICT"
WHEREAS, the City of Petaluma desires to foster a viable and vibrant downtown
commercial district that is relevant and important to all Petaluma residents; and,
WHEREAS, a theater showing first-run, independent or foreign films located within a
designated downtown commercial area is a key element to the success of a viable and vibrant
downtown;. and,
WHEREAS, the City Council of the City of Petaluma finds that to accomplish the goal
of a viable and vibrant downtown commercial district that it is necessary to establish a
combining district of the City's Zoning Ordinance within which movie theaters shall only be
located, and,
WHEREAS, on July 14, 2003, the City Council of the City of Petaluma adopted a
resolution approving a Mitigated Negative Declaration for the Petaluma Theater District Project,
and,
WHEREAS, the project description for the Petaluma Theater District Project includes a
Theater District Combining District Ordinance, and,
WHEREAS, the Theater District Combining District Ordinance is subject to that
environmental determination, and,
WHEREAS, the City Council finds that the proposed Amendment to Zoning Ordinance
No. 1072 N.C.S., for a Theater District Ordinance will result in a more desirable use of land and
a better physical environment than would be possible under any single zoning district or
combination of zoning districts, and,
WHEREAS, the City Council finds the public necessity, convenience and welfare
clearly permit and will be furthered by the proposed Amendment. to the Zoning Ordinance, by
approving a Petaluma Theater District Ordinance, and,
WHEREAS, the City Council finds that the requirements of the California
Environmental Quality Act (CEQA) have been satisfied through the preparation of an Initial
Ordinance 2158 N.C.S. Page 1
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Study and the drafting of a Mitigated Negative Declaration to avoid or reduce to a level of
insignificance, potential impacts generated by the proposed Petaluma Theater District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article 19.7, entitled "T-C, Theater Combining District" is hereby added to the City's
Zoning Ordinance to read as follows:
Article 19.7
T-C, Theater Combining District
Section 1.9.7.100, Purpose. It is the intent of the Theater Combining District to promote the
development of movie theaters within the designated boundaries of the district. Said theaters
shall be so-called "first-run" movie theaters, but may also include limited, incidental showings of
independent and foreign films. The regulations established for this district shall not apply to
theaters whose principal function is for "live" performances.
Section 19.7.200, District Boundaries. The boundaries of the Theater Combining District shall
be as follows: Washington/East Washington Street (north), Weller Street (east), "D" Street
(south) and Sixth/Howard Street (west).
Section 19.7.300, Movie Theater Uses Prohibited in Other Designated Zones.
Notwithstanding any other provisions of this Zoning Ordinance, movie theaters as defined in
Section 19.7.100, above, shall not be pernitted or conditionally permitted in any zoning district
of the City of Petaluma outside of the established boundaries of the Theater Combining District.
This limitation shall also apply to the zoning districts established for the Central Petaluma
Specific Plan, if said property lies within the boundaries of the Specific Plan, but outside the
boundaries of the Theater Combining District.
Section 19.7.400, Sunset Provision. Unless otherwise rescinded by a majority vote of the City
Council, this ordinance shall expire on (i) November 1, 2005 if construction of a first run movie
theater in the Theater Combining District containing at least eight screens has not commenced by
such date, or (ii) November 1, 2006 if a first run movie in the Theater Combining District
containing at least eight screens has not opened for business to the public by such date, or, in any
event, August 4, 2023. The expiration dates in subsections (i) and (ii) shall be extended one day
for each day of delay in the commencement of construction or opening for business caused by
Acts of God, riots, litigation challenges, or other circumstances beyond a developer's reasonable
control, as determined by the City Manager
Section 2. The City Clerk is hereby directed to post this Ordinance for the period and in the
manner required by the City Charter.
Section 3. If any section, subsection, sentence, clause or phrase or word of this Ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
Ordinance 2158 N.C.S. Page 2
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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 or otherwise invalid.
INTRODUCED and ordered posted/P„, this 14th day of July, 2003
ADOPTED this 4t" day August, 2003 by the following vote:
APES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien,
Torliatt
NOES: None
ABSENT: None
RECUSED: Moynihan
David Glass, Maybr -.
ATTEST: APPROVED AS TO ORM:
Gayle Petersen, City Clerk Rich R dnansky, City Attorney
Ordinance 2158 N.C.S.
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