HomeMy WebLinkAboutOrdinance 2056 N.C.S. 08/11/1997 . _,~~x~,~:,,,..
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la ORDINANCE NO. 2056 N.C.S.
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16 Introduced by Councilmember Seconded by Councilmember
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18 P?iatt Maguire Pamela Torliatt
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20 AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE PETALUMA
21 ZONING ORDINANCE 1072 N.C.S. TO PROVIDE REVISED REGULATIONS
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23 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
24 FOLLOWS:
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26 Section 1. On June 24, 1997, the Planning Commission held a duly noticed public
27 hearing on the proposed amendments to the City of Petaluma Zoning Ordinance.
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29 Section 2. Following a public hearing, the Planning Commission recommended
3o approval of the amendments to the Petaluma Zoning Ordinance.
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32 Section 3. The City Council finds that the amendments to the text of the .Zoning
33 Ordinance are exempt from the requirements of the California Environmental Quality Act
34 (CEQA) under the General Rule, Section 15061 of the CEQA Guidelines, because these
35 changes represent minor modifications which are intended to clarify provisions, streamline
36 procedures and implement existing adopted regulations.
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38 Section 4. The City Council further finds that the proposed amendments are in general
39 conformity with the intent, goals, policies and programs of the Petaluma General Plan and
4o any applicable plans to provide for orderly growth and development within the City.
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42 Section 5, The City Council further finds that the public necessity, convenience and
43 general welfare require or clearly permit the adoption of the proposed amendments.
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45 NOW THEREFORE, BE IT RESOLVED that the City Council hereby amends Ordinance
46 1072 N.C.S. as follows:
Ord. 2056 NCS Page 1 of 2
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2 Planned Unit Development District: amend Section 19A-202 (2.) to add to the required
3 filing materials the reflection of adjacent properties and improvements on these properties.
4 This section is recommended to be amended as follows:
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6 "A map showing the topography of the proposed P.U.D. District,
7 with existing and proposed contour intervals sufficient to meet all
8 requirements of the City. Existing trees, drainage courses, and other
9 significant topographic features shall be shown. Adjacent property lines
1o and improvements on adjacent properties within 75 feet of the boundary of
11 the subject site shall be reflected on the plan."
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13 Add Section 19A-650 to permit the construction of model home complexes prior to the
14 approval of the Final Subdivision Map as follows:
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16 "Upon .approval of a P.U.D. District, building permits may be issued for
17 the construction of a model home complex consistent with the approved
1s P.U.D. Plan prior to the approval of the Final Subdivision Map."
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20 Swimming Pools and Spas. Amend section 21-203 Private swimming~ools to address hot
21 tubs and spas also as follows:
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23 "Private swimrrung pools, hot tubs and spas: Private swimming pools, hot
24 tubs or spas shall be allowed in any R District as an accessory residential
25 use when in compliance with the following conditions:
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27 21-203.1 A private swimming pool, hot tub or spa is intended and is to be
28 used solely for the enjoyment of the occupants and guests of the occupants
29 of the principal use of the property on which it is located.
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31 21-203.2 In no case shall a swimming pool, hot tub or spa or accessory
32 mechanical equipment be closer than ,six (6) feet to any property line of the
33 property on which it is located.
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35 21-203.3 The swimming pool, hot tub or spa or the entire property on
36 which it is located, shall be so walled or fenced as to prevent uncontrolled
37 access by children from the street or from adjacent properties.
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39 Cardroom Regulations. Add Section 21-420.21 Cardroom License Required as follows:
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41 "Prior to the establishment of a Cardroom facility, the applicant shall obtain
42 a license from the City of Petaluma as required by Chapter 6.20 of the
43 Petaluma Municipal Code."
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Ord. 2056 NCS Page 2 of 5
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1 Fences. Add language to address fence height on sloping properties and to exempt arbors
2 and other architectural features located within the required front setback from fence height
3 limits. Also, add a provision to permit (by Conditional Use Permit) additional height to
4 fences necessary for the operation of a commercial recreation use. Section 23-500 A. 7.,
5 23-500 A. 8. and 23-500 .9 would be added as follows:
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7 "7. Fence height shall be measure from the finished grade of the ground
8 abutting the fence. for fences on sloping ground or on retaining walls,
9 solid fence height of six (6)feet may be permitted as measured from the up-
1o slope property so long as a total height, inclusive of any retaining wall,
11 does not exceed ten (10) feet as measured from the down-slope property.
12 Two (2) feet of screening material (at least 50% open) may be placed on
13 top of the fence."
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15 "8. Minor decorative entryway treatments or elements such as arbors,
16 trellises or the like may exceed the allowed height limit for fences within
17 the required front setback."
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19 "9. Fence height necessary to serve a commercial recreation use may be permitted
20 by Conditional Use Permit."
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22 Projections into Required Yards. Add Section 24-401.7 to exempt handicapped ramps
23 and similar improvements from minimum yard requirements as follows:
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25 The following architectural features may project into required yards or
26 courts, provided that no projection shall extend into a public utility
27 easement:
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29 Ramps and other similar access facilities for disabled or handicapped
30 individuals."
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32 Conditional Use Permit revocation. Amend this section to permit an alternate revocation
33 procedure as specified in individual Conditional Use Permits as follows:
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35 Upon violation of any applicable provision of this Ordinance, or, if
36 granted subject to a condition or conditions, upon .failure to comply with
37 the condition or conditions, a certified letter shall be sent to the permittee
38 informing him that he has twenty (20) calendar days from the date the letter
39 is received to comply with the provisions and conditions of the use permit.
4o If after twenty (20) days has elapsed the permittee has failed to comply
41 with the provisions and conditions of the use permit, the Director shall send
42 a certified letter to the permitted suspending the use permit. The
43 suspension will be in effect for twenty (20) calendar days from the date of
44 notification and will require that the use being allowed under the use permit
45 be suspended. If, after the twenty (20) days suspension the violation has
Ord. 2056 NCS Page 3 of 5
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1 not been remedied, or an appeal filed, the use permit shall be revoked.
2 Within ten (10) days of the issuance of the suspension, the decision of the
3 Director may be appealed to the Planning Commission. The Planning
4 Commission shall hold a hearing within thirty (30) days, in accordance with
5 the procedure prescribed in Section 26-507, and if not satisfied that the
6 regulation, general provision or condition is being complied with, may
~ revoke the use permit or take such action as may be necessary to ensure
8 compliance with the regulation, general provision, or condition. During
9 these appeal period, the use permit shall remain suspended. In the event
1o the determinations to suspend or revoke said permit, the permittee may,
11 within ten (10) calendar days, appeal such decision to the City Council.
12 The City Council shall review the decision in accordance with the
13 procedure prescribed in Section 26-507. Notwithstanding the above, the
14 Planning Commission and/or City Council may review, modify the
15 conditions of approval or revoke the use permit without regard for the
16 above procedures when so authorized by a specific condition of approval
17 imposed upon the use permit."
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19 Zoning Ordinance Violations and Penalties. Delete Section 28-202 as this section has
20 been supersede by recent Municipal Code amendment and establishment of alternate
21 procedure. This section presently reads as follows:
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23 "Any person, firm, or corporation, whether as a principal, agent, employee,
24 or otherwise, violating or causing the violation of any of the provisions of
25 this ordinance, shall be guilty of an .infraction, and upon conviction thereof,
26 shall be punishable by a fine of not less than $100 nor more than $500.
27 Such person, firm, or corporation shall be deemed guilty of a separate
28 offense for each and every day during any portion of which any violation of
29 this ordinance is committed or continued by such person, firm or
3o corporation, and shall be punishable as herein provided."
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33 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
34 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
35 shall not affect the validity of the remaining portions of this ordinance. The City Council
36 of the City of Petaluma hereby declares that it would have passed and adopted this
37 ordinance and each and all provisions thereof irrespective of the fact that any one or more
3s of said provisions be declared unconstitutional.
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41 INTRODUCED and ordered Posted/~~1?t~this ~~.th day of August ,
42 1997.
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44 ADOPTED this 11th day of August 1997, by the following vote:
Ord. 2056 NCS Page 4 of 5
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2 AYES: Read, Stompe, Torliatt, Maguire, Mayor Hilligoss
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4 NOES: None
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6 ABSENT: Keller, Vice Mayor Hamilton
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8 ABSTAIN: None _ ` ,
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11 Mayor
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13 ATTEST APPROVED AS TO FORM:
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16 ~~,~s( u,~~( "
17 City Clerk City Attorney
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21 ordzo / plan83
Ord. 2056 NCS Page 5 of 5
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