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3 ORDINANCE NO. 1962 N.C.S.
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5 Introduced by Councilmember Seconded by Councilmember
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~ Ross Parkerson .TanP Hamiltnn
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10 AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE PETALUMA
11 ZONING
12 ORDINANCE 1072 N.C.S. TO PROVIDE REVISED REGULATIONS
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15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
16 FOLLOWS:
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18 Section 1. On July 26, 1994, the Plarining Commission held a duly noticed public hearing
19 on the proposed amendments to the City of Petaluma Municipal Code and Zoning
20 Ordinance.
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22 Section 2. Following a public hearing, the Planning Commission recommended approval of
23 the amendments to the Petaluma Zoning Ordinance.
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25 Section 3. The City Council finds that the amendments are exempt from the requirements
26 of the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the
27 CEQA Guidelines.
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29 Section 4. The City Council further finds that the proposed amendment is in general
30 conformity with the Petaluma General Plan and applicable plans.
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32 Section 5. The City Council further finds that the public necessity, convenience and
33 general welfare require or clearly permit the adoption of the proposed amendment.
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Ord 1962 NCS Page 1 of 10
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1 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends
2 Ordinance 1072 N.C.S. as follows:
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4 Section 1-203: Amend definitions to provide the following additional term:
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6 "Live Entertainment" means any form of entertainment whether or not aided
7 by amplification which is created or presented by an individual or group of
8 individuals or, in some cases, by animals including but not limited to:
9 musical performances, comedic performances, theatrical or dance
10 performances, speeches and other oratory performances, etc. The
11 presentation of recorded or transmitted music or entertainment
12 performances unaccompanied by a"DJ" shall not be considered to be live
13 entertainment.
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15 Add Section 7-406: Accessory Dwellings in accordance with the provisions of Section 21-
16 408.
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18 Amend Section 2-100 and Article 4: to include the Riverfront Warehouse and Gateway
19 Overlay Districts.
20 Amend Section 21-202.7(g): Gun repair, sale of guns or ammunition (sale of five or fewer
21 guns a year is exempt from this section).
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23 Amend Sections 6-500~7-500, 8-500, 11-500, 12-600, 13-500, and 14-500 to delete reference
24 to number of stories permitted.
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Ord. 1 962 NCS
1 Amend Sections 6-600~7-601, 8-601 as follows:
2 Minimum
3 Section Zone Width Depth
4 Section 6-600: R-18,000 60 70
5 R-16,500 50 70
6 R-15,000 45 70
7 Section 7-601 R-C 30 70
8 Section 8-601 R-M-G 45 70
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10 Amend Section 7-603: Minimum Front Yard: Fifteen (15) feet
11 Minimum Rear Yard: Fifteen (15) feet
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13 Amend Sections 10-304~ 11-301, 12-301, 13-301 and 14-301: Accessory uses and buildings
14 customarily appurtenant to a permitted use, in accordance with provisions of this district.
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16 Add Section 24-308: The Zoning Administrator may grant an exception for the principal
17 dwelling/building, in the same manner as provided in Section 26-512, from the
18 development standards regulating building encroachment into required yards in residential
19 districts when the following can be demonstrated:
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21 a) the encroachment is consistent with the prevalent development pattern in the
22 immediate area;
23 b) the encroachment will not adversely effect the privacy of adjacent properties;
24 c) the encroachment will not significantly increase shading of adjacent
25 properties;
26 d) provisions will be in place to accommodate maintenance and drainage needs.
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Ord. 1962 NCS Page 3 of 10
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Section 10-403.2 I)elete
Add Section 10-403.3 Where it can be demonstrated that the property and/or
building in question has a history of residential use,
Amend Section 10-405 Residential uses on floors above the ground floor, when in
combination with other permitted or conditional uses.
Add Section 14-406.1 Cafes, delicatessens, restaurants, coffee shops and the like; gift
and sundry shops; and other limited service retail uses found by the Zoning Administrator
to meet the service needs of the immediate industrial district when occupying a portion of a
building or site and when clearly subordinate to a principally permitted or conditionally
permitted use.
Amend Section 12-203: Restaurants (excluding fast-food restaurants), cocktail lounges,
night clubs where liquor, beer, or other alcoholic beverages may be sold for consumption
on the premises, except for uses involving live entertainment.
Amend Section 12-204: Private clubs and fraternal lodges, except for uses involving live
entertainment.
Amend Section 12-205: Hotels and motels, except for uses involving live
entertainment.
Amend Section 13-206: Restaurants (excluding fast-food restaurants), refreshment
stands, and bars, except for uses involving live entertainment.
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Ord. 1962 NCS Page 4 of 10
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Add Sections 11-416~ 12-417 and 13-428 as follows: Live entertainment incidental to a
principally permitted or conditional use.
Add Section 21-201.1(t~:
The Planning Director may grant an exception for the 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:
a) the setback to be provided will be consistent with the prevalent development
pattern for similar buildings uses in the immediate area;
b) the location of the accessory building or structure with setback to be
provided will not adversely affect the privacy of adjacent properties.
c) the location of the accessory building or structure with the setback to be
provided will not significantly increase shading of adjacent properties;
d) provisions will be in place to accommodate maintenance and drainage needs;
e) the design of the accessory building or structure is compatible with that of
the principal dwelling and will not detract from appearance of the immediate
area.
Add Section 23-500: The following regulations shall apply to the installation, construction
and placement of walls, fences and hedges:
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Ord. 1962 NCS
1 a) General provisions: Except as specifically authorized in this Chapter
2 or as provided in Section 23-500(b) the following height limitations
3 shall apply to the height of walls and fences:
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5 (1) Three and one-half (3.5) feet when located in a required front or
6 street side setback except that fences not exceeding six (6) feet in
7 height may be placed in a required street side setback provided that a
S planter area of at least five (5) feet in width is provided between the
9 street property line and the fence. Said area shall be planted pursuant
10 to a landscape plan reviewed and approved by the Planning Director
11 and maintained in a healthy attractive condition by the property
12 owner/resident.
13 (2) Siac (6) feet when located in a rear yard, side yard or other portion of a
14 lot excluding a front or street side setbacks.
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16 (3) When located in a rear or side yard, walls and fences more than six (6)
17 feet but not greater than eight (8) feet in height and up to twelve (12)
18 feet for tennis courts may be permitted with the approval of a use
19 permit as provided by Section 26-512.
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21 (4) No obstruction in excess of three and one-half feet (3 1/2) (42") in
22 height shall be located on a corner lot within a triangular area formed
23 by the curb lines and their projection and a line connecting them at
24 points thirty-five feet (35') from the intersection of the projected curb
25 lines, except that trees shall be permitted. The foregoing provisions
26 shall not be construed to limit the height of retaining walls, except
27 that front yard retaining walls shall not be more than eighteen inches
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Ord. 1962 NCS
1 (18") higher than the soil retained and shall not impair safe sight
2 distance of street traffic.
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4 (5) With the approval of the Planning Director, temporary security fences
5 may be erected around construction sites during the time a valid
6 building permit is in effect for construction on the premises.
7 Temporary security fences need not comply with the above
8 regulations and must be immediately removed upon completion of the
9 construction authorized by the building permit.
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11 (6) The Zoning Administrator (Planning Director) may, after review,
12 grant a fence permit to provide that the top of fences and walls
13 located only in "A", "C-H", "M-L", or "M-G" Districts may be improved
14 with a m~imum of one (1) vertical foot of barbed wiring, provided
15 that the use served includes the outdoor storage of goods or vehicles
16 or keeping of livestock.
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18 b) Fence permit required:
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20 1. No fence or wall shall be installed or constructed without the approval
21 of a fence permit issued by the Planning Director.
22 2. Any person desiring to install or construct a wall or fence shall file an
23 application with the Planning Department on a form provided by the
24 Planning Director. The application shall be accompanied by a plot
25 plan drawn to scale, reflecting property lines, adjacent public streets,
26 rights-of-way, driveways and existing buildings and structures. A
27 dimensioned detail of the proposed fence or wall shall also be
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Ord. 1962 NCS
1 provided reflecting proposed materials and proposed height from
2 existing and finished grade.
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4 c) Action on Application: The Planning Director shall review the
5 application for compliance with the provisions of this section and shall
6 approve said application if it is found to be in compliance with these
7 provisions.
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9 Add Section 21-306: For uses that propose concurrent sale of alcohol and gasoline:
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11 a) The proximity of the site to freeway on/off ramps; the proximity and
12 ease of bicycle or pedestrian access from a school; the proximity to
13 residential areas; and testimony from the Police Department.
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15 Amend Sections 26-401: The purpose of site plan and architectural approval is to secure
16 compliance with the Zoning Ordinance and to promote the orderly and harmonious
17 development of the City of Petaluma. No city permit of license shall be issued for any of
18 the following uses until site plan and architectural approval has been approved:
19 . public buildings and grounds;
20 . public and private schools, colleges, libraries, art galleries and museums;
21 . public and private hospitals and other institutions;
22 . churches and other religious buildings and grounds;
23 . clubs, lodges, mortuaries, meeting halls, and other places of public assembly;
24 . motels and hotels;
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Ord. 1962 NCS
Page 8 of 10
1 . office buildings;
2 . all commercial and industrial uses;
3 . mobilehome parks;
4 . parking lots;
5 . public utilities structures and installations, except poles and towers carrying
6 overhead lines;
7 , more than one dwelling unit per lot except for accessory dwellings.
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9 Amend Section 26-500: The purpose of the Conditional Use Permit is to insure the
10 proper integration of uses which, because of their special nature, may be suitable only in
11 certain locations and only provided such uses as arranged or operated in particular manner.
12 In considering an application for a conditional use, the Planning Commission shall give due
13 regard to the nature and condition of all adjacent uses and structures, and to the general
14 and specific requirements of Article 21. The Commission may impose such requirements
15 and conditions in addition to those specified in Article 21, with respect to location,
16 construction, maintenance, operation, and duration as may be deemed necessary for the
17 protection of adjacent properties and the public interest. In addition to the review
18 described herein, any proposed Conditional Use except for accessory dwellings shall be
19 subject to site standards set forth in Section 26-401. Additional application shall be
20 required and additional fee shall be charged for such site plan and architectural review.
21 When a Conditional Use Permit has been issued in accordance with the provisions of this
22 section, it shall be deemed to be the Zoning Permit required by Section 26-100.
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24 IF ANY SECT'ION, subsection, sentence, clause or phrase or word of this ordinance is for
25 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
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Ord. 1962 NCS
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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.
INTRODUCED and ordered Posted/~~~ this 15th day of August ,
19 94 .
ADOPTED this 7th day of September , 19 94 , by the following vote:
AYES: Parkerson, Read, Hamilton, Mayor Hilligoss
NOES: None
ABSENT: Barlas, Shea, Vice Mayor Sobel
ABSTAIN: None
ATTEST:
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Ord. 1962 NCS
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