HomeMy WebLinkAboutOrdinance 2039 N.C.S. 11/04/1996~S ~.a...+.dz.~~
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~1 DEC 4 1996 ORDINANCE NO. 2039 N.C.S.
3 Introduced by Councilmember Seconded by Councilmember
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5 Matt Maguire Carole Barlas
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8 AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE PETALUMA
9 ZONING ORDINANCE 1072 N.C.S. TO PROVIDE REVISED REGULATIONS
to
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
13 FOLLOWS:
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15 Section 1. On October 8th, 1996, the Planning Commission held a duly noticed
16 public hearing on the proposed amendments to the City of Petaluma Municipal Code and
17 Zoning Ordinance.
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19 Section 2. Following a public hearing, the Planning Commission recommended
20 approval of the amendments to the Petaluma Zoning Ordinance.
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22 Section 3. The City Council finds that the amendments to the text of the. zoning
23 ordinance are exempt from the requirements of the California Environmental Quality Act
24 (CEQA) under the General Rule, Section 15061 of the CEQA Guidelines, because these
25 changes represent minor modifications which are intended to clarify provisions,
26 streamline procedures and implement existing adopted regulations.
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28 Section 4. The City Council further finds that the proposed amendments are in
29 general conformity with the intent, goals, policies and programs of the Petaluma General
30 Plan and any applicable plans to provide for orderly growth .and development within the
31 city.
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33 Section 5. The City Council further finds that the public necessity, convenience and
34 general welfare require or clearly permit the adoption of the proposed amendment.
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36 NOW THEREFORE, BE IT RESOLVED that the City Council hereby amends
37 Ordinance 1072 N.C.S. as follows:
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41 Amend Sections 10-304,11-301,12-301, 13-301,14-301 and 15-301 as follows:
42 Accessory uses and buildings customarily appurtenant to a permitted use, in
43 accordance with provisions of Section 21-201, except when abutting a residential
44 zoning district, then the provisions for primary uses and structures in this district
45 shall also apply to accessory uses and buildings. (Ord. 1962 N.C.S., 10/94; Rev.
46 Ord. a.o~9 x/96)
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Ord. 2039 NCS Page 1 of 8
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Amend Sections 19-705 as follows:
19-705 Development in a Planned Community District. Following the adoption of
the P-C District amendment and the Planned Community Program, all development
within the district shall be in substantial conformity with the adopted General
Development Plan and Development Schedule or such modifications thereto as may
have been approved. Such development may proceed as follows:
1. The applicant may submit and the City may approve a Planned Unit
Development (P.U.D.) rezoning application in conformity with the General
Development Plan for the area, together with any necessary tentative
subdivision map application. In the case of industrial or commercial
development, a conforming development plan application, tentative
subdivision map application, or parcel map application may be submitted
without a Planned Unit Development (P.U.D.) rezoning application, provided
that development standards and other applicable provisions of Section 19A-200
and findings of 19A-300 have been approved with the P-C zoning district.
(Revised by Ord. #a,p~9 11/96).
G.S
Add the following to Section 19-707 Modifications of the General Development
Plan:
5. As determined by the Director, modifications which are minor in nature and
clearly inconsequential may be made administratively or in the judgment of the
Director may be referred to the Site Plan and Architectural Review Committee
or the Planning Commission for review and approval. Minor modifications
include changes to development standards, provided that no significant
alteration to road alignment is made and no increase in the development
intensity or building square footage results. (Ord.ao35 N.C.S'. 11/96)
Amend Section 21-201.1(fj to read as follows:
The Planning Director may grant an exception for the reconstruction, renovation or
expansion of existing accessory buildings and structures, in the same manner as
provided in Section 26-512, from the above standards regulating required side and
rear yards in residential districts when the following can be demonstrated: .. .
(Ord. ao3q N.C.S. 11/96)
Amend Section 21-204.095 to read as follows:
Section 21-204..91 Trailblazer Signs.
A. Locations Permitted: Trailblazer identification and directional signs may be
installed only within the public right-of--way of arterial status roads or on other
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public property, except when adjacent to Caltrans right-of--way, trailblazer
signs may be permitted on private property provided that the sign is not
designed to be viewed primarily from the main. traveled roadway of a freeway
or the ingress ramps thereto. Trailblazer signs may be visible from the freeway
egress ramps. (Ord. a.03 q N.C.S. 11/96)
Add to Section 23-500 as follows:
23-500 INSTALLATION, CONSTRUCTION, AND PLACEMENT OF WALLS,
FENCES, AND HEDGES
A. General Provisions: Except as specifically authorized in this Chapter or as
provided in Section 23-500(b), the following height limitations shall apply to the
height of walls and fences... .
2. Six (6) feet when located in a rear yard, side yard, or other portion of a lot
excluding a front or street side setback. An additional two (2) feet of screening
at least fifty percent (50%) open (i.e. lattice) may be added on top of any six
foot (6') tall fences, walls or boundary screening. An additional two feet (2') of
fence height may be added to any permitted six foot (6') high fence located on
the rear or side property line of a residential lot abutting a public, quasi-public
facility or potentially noxious use (e.g. school, corporation yard, bicycle paths,
pump house, etc.) as determined by the Zoning Administrator. (Ord.
N.C.S. 11/96)
Insert revised Fence Location Exhibit at the end of section 23-500
Add to agricultural and residential districts as Permitted Accessory Uses to
read as follows:
Sections 5-309, 6-310, 7-307, 8-306, 8.1-305, and 9-302
Exempt telecommunications facilities in accordance with all applicable provisions of
Chapter 14.44 of the Petaluma Municipal Code, except within a recognized Historic
District where otherwise exempt facilities are considered mini facilities subject to
administrative site plan and architectural review. (Ord.~N.C.S. 11/96)
Add to agricultural, residential, commercial and industrial districts as
Permitted Accessory Uses to read as follows:
Sections 5-310, 6-311, 7-308, 8-307, 8.1-306 and 9-303,. 10-306, 11-304, 12-304,
13-304, 14-303, 15-304 and 19.5-303
Mini telecommunications facilities, in accordance with all applicable provisions of
Chapter 14.44 of the Petaluma Municipal Code, which have received site plan and
Ord. 2039 NCS Page 3 of 8
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architectural review and approval by the Planning Director (except within a
recognized Historic District or on a recognized Historic Landmark where mini
telecommunications facilities shall require a minor conditional use permit and
Historic Site Plan and Architectural Review). (Ord.~~gN.C.S. 11/96)
Add to commercial and industrial districts as Conditional ><Jses as follows:
Sections 10-406,11-417, 12-418, 13-429, 14-420, 15-412
Minor telecommunications facilities, in accordance with all applicable provisions of
Chapter 14.44 of the Petaluma Municipal Code and approved by the Planning
Director in accordance with Article 26 of this Ordinance, subject to administrative
site plan and architectural review (except within a recognized Historic District or on
a recognized Historic Landmark where minor telecommunication facilities shall
require a major conditional use permit and Historic Site Plan and Architectural
Review). (Ord.a039N.C.S.11/96)
Sections 10-407,11-418, 12-419, 13-430, 14-421, 15-413
Major telecommunications facilities in accordance with all applicable provisions of
Chapter 14.44 of the Petaluma Municipal Code and approved by the Planning
Commission in accordance with Article 26 of this Ordinance and subject to Site Plan
and Architectural Review. (Ord.a~N.C.S. 11/96)
Amend 16-503 to read as follows:
Conditional Uses, Floodway District.
3. Above ground public utility and private service facilities such as, water and
sanitation pipe lines, telecommunication facilities in accordance with Chapter
14.44 of the Petaluma Municipal Code, roads, bridges and similar facilities,
providing such facilities shall be designed and constructed so as not to restrict
the carrying capacity of the floodway. (Ord.a03gN.C.S. 11/96)
Add Section 21-440 to read as follows:
Section 21-405 TELECOMMUNICATIONS FACILITIES -
Telecommunications facilities as defined in Section 21-440.1 are permitted in
districts as specified in the Zoning Ordinance No, 1072 N.C.S. in accordance
with all applicable provisions of Chapter 14.44 of the Petaluma Municipal Code
and subject to the applicable provisions of Articles 25 and 26. (Ord.a~N.C.S.
11/96)
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Amend Article 24 Exceptions and Modifications to read as follows:
24-100 HEIGHT LIMITATIONS Height limitations established by this Ordinance
shall not apply:
24-101 delete "radio towers, masts and aerials"
Add Section 24-105
To telecommunications facilities, provided that such facilities meet all
applicable provisions of Chapter 14.44 of the Petaluma Municipal Code
and this Ordinance. (Ord.a,039N.C.S. 11/96)
Add to Section 25-40.1 to read as follows:
telecommunications facilities, except for exempt facilities (Ord.a039N.C.S. 11/96)
Add to Section 26-512 Minor Use Permits as follows:
For purposes of this section, "minor use permits" include minor
telecommunications facilities in accordance with the provisions of Section 21-40
(Ord.a039N.C.S. 11/96)
Add to Section 1-203 Definitions as follows:
Telecommunication Facility - A facility that transmits and/or receives
electromagnetic signals. It includes antennas, microwave dishes, horns, and other
types of equipment for the transmission or receipt of such signals,
telecommunication towers or similar structures supporting said equipment,
equipment buildings, parking area, and other accessory development.
Telecommunications facilities are further classified by type (i.e. exempt, mini, minor
and major) in Chapter 14.44 of the Petaluma Municipal Code. (Ord.,Zp,~~N.C.S.
11 /96)
Trailblazer Sign - An identification or directional sign to specific sites or uses that
are of regional importance or have a regional draw and provide a public benefit.
(Ord. 39N.C.S. 11/96)
Conditional Use - A use allowed by the provisions of any zoning district as a
conditional use solely on a discretionary and conditional basis, subject to the
standards and regulations established by this ordinance and any conditions that may
be imposed to ensure the proper integration and compatibility of land uses. (Ord.
ao3q N.C.S. 11/96)
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Ord. 2039 NCS
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Conditional Use Permit Major - An application for a conditional use permit that is
reviewed and public notice is provided in accordance with the provisions of Section
26-500 and submitted to the Planning Commission for a public hearing and final
determination. (Ordao39N.C.S. 11/96)
Conditional Use Permit Minor - An application for a conditional use involving minor
modifications to an existing use, certain accessory uses or new uses which are clearly
compatible with the adjoining land uses as defined in Section 26-512, where public
notice and an opportunity for a public hearing is provided, and the application is
submitted for review and may be approved by the Zoning Administrator pursuant to
the provisions of 26-500. (Ord.~o3 N.C.S. 11/96)
Use Permit -Same as conditional use
Renumber and amend Section 15-400 Conditional Uses as follows:
SECTION 15-400, CONDITIONAL USES. The following are the conditional uses
in the M-G District, subject to review in accordance with Section 26-500 and the
provisions and standards of Articles 21 and Article 22:
15-401 Public and Quasi-public uses such as major utility installations appropriate
to location in the M-G District.
15-402 Automobile and truck repair service, including minor and major repairs.
15-403 Automobile service stations and car wash operations, in accordance with
the provisions of Section 21-403.
15-404 Automobile and metal appliance manufacturing and assembly, structural
steel fabricating shops, machine shops, forges, and foundries.
15-405 Manufacturing of alcoholic beverages or perfumes.
15-406 Sugar Refinery.
15-407 Brick or pottery manufacturing, stone or monument works.
15-408 Open Storage
15-409 Day Care Center
15-410 Junkyard or recycling center
15-411 Stockyards, slaughter houses, and meat packing
Ord. 2039 NGS Page 6 of 8
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1 15-412 Minor telecommunications
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3 15-413 Major telecommunications
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5 15-414 through 419 Reserved
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7 15-420 Any manufacturing use, involving primary production of the following
8 products from raw materials, provided that such uses are located not less
9 than five hundred (500) feet from the nearest R District; C-N District; or
l o C-C District; or A District designated for residential development in the
11 Petaluma General Plan.
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13 15-420.1 Asphalt, charcoal, fuel briquettes.
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I S 15-420.2 Aniline dyes, ammonia, carbide, .. .
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l7 15-420.3 Coal, coke, and tar products .. .
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19 15-420.4 Turpentine, matches, paint .. .
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21 15-420..5 Rubber; soaps .. .
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23 15-420.6 Flour, feed and .. .
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25 15-420.7 Gravel, rock, and .. .
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27 15-420.8 The following processes: nitrating of cotton .. .
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29 (Ord.203N.C.S.11/96)
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31 Amend language in Section 21-403 to read as follows.
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33 21-403 Automobile service stations
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35 Amend Section 6-500 in the R-1 district to read as follows:
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37 6-500 Height Regulations. No principal building, or principal building that
38 includes an attached accessory dwelling, shall exceed twenty-five (25) feet in height.
39 No accessory building shall exceed fifteen (15) feet in height, except as provided in
4o Section 24-100. Detached accessory dwellings may not exceed twenty-one (21 feet
4l in height. (Ord. 1962 N.C.S., 10/94)
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43 IF ANY SECTION, subsection, .sentence, clause or phrase or word of this ordinance is
44 for any reason held to be unconstitutional by a court of competent jurisdiction, such
45 decision shall not affect the validity of the remaining portions of this ordinance. The City
46 Council of the City of Petaluma hereby declares that it would have passed and adopted
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this ordinance and each and all provisions thereof irrespective of the fact that any one or
more of said provisions be declared unconstitutional.
INTRODUCED and ordered Posted/Px~li~~ this 21st day of October
19 96
ADOPTED this 4th day of November , 19 96 , by the following vote:
AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
c:\zo ne\zo-ord\j b-41
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Mayor
APPROVED AS TO FORM:
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City Attorney
Ord. 2039 NCS
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