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HomeMy WebLinkAboutOrdinances 1930 07/19/1993 `' ~~ ~~ '1 ,, QIJG 1 9 1993 "~ ORDINANCE NO. 1930 N.C.S. Introduced by Councilmember Brian Sobel Seconded by Councilmember Lori Shea AN ORDINANCE AMENDING SEVERAL SECTIONS OF THE ZONING ORDINANCE TO PROVIDE REVISED REGULATIONS AMENDING ZONING ORDINANCE 10<72 NCS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. On June 22, 1993, the Planning Commission held a duly noticed public hearing on the proposed amendments to the City of Petaluma Municipal Code and Zoning Ordinance. Section 2. Following a public hearing, the Planning Commission recommended approval of the amendments to the Petaluma Municipal Code and Zoning Ordinance. Section 3. The City Council finds that the amendments are exempt from the requirements of the California Environmental Quality Act. (CEQA) pursuant to Section 15061 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends Ordinance 1072 N.C.S. as follows: Section 1-203: "Caretaker residence" means a building which is used as a residence by a security guard or caretaker of a use, which is located on or adjacent to the premises occupied by the use, and which is reasonably necessary to provide adequate security for the use. Section 10-403.1: Where a finding can be made that residential use is consistent with the General Plan because the site is within an area designated as Mixed Use. Section 14-301: Accessory uses and buildings customarily appurtenant to a permitted use, in accordance with the provisions of Section 21-201. Section 21-202: Zoning Permit for Home Occupation Section 21-202.5 incorrectly numbered 21-204.5. Sections 23-102 and 23-301: Add "/she" to description of the Zoning Administrator (Director). Ord. 1930 NCS 1 s Add Section 5-409 and 6-410: The .keeping of pot-bellied pigs provided that no more than one (1) pot-bellied pig per household may be kept; that the pot-bellied pig not exceed one hundred (100) pounds, that the pot-bellied pig be neutered or spayed, and that the pot- bellied pig be licensed by the City of Petaluma. Section 11-415: One-family detached dwelling. Section 12-415: One-family detached dwelling. Section 13-425: One-family detached dwelling. Section 12-600: Maximum allowable coverage 100%. Section 13-426, 14-418 and 15-415: Caretaker residence. Add Section 24-104 To new residential units or additions to existing residential units when these units have or are in areas which have special character or special historical,. architectural, or aesthetic interest or value where additional building height would result in a building design more compatible with the dominant building height in the immediate neighborhood, as determined by the Planning Director. Provided, however, that the building does not exceed a maximum height of 35 feet. Add Section 26-509.25: A previously approved Conditional Use Permit which has expired pursuant to Section 26-509.2 may, within twenty-four months of its expiration, be approved by the Zoning Administrator as provided by Section 26-512 for a single period not to exceed one (1) year. No extension to this approval shall be available. Section 26-512 Minor Use Permits. For minor use permits, the Zoning Administrator is hereby empowered to receive applications, notify pursuant to Section 26-504.2, offer the opportunity of public hearings, .and approve subject to findings and conditions as required of the Planning Commission. For purposes of this section, "minor use permits" include minor exterior modifications or enlargements to existing use permits, said modifications or enlargements being inconsequential in nature and not involving a significant change in operations; minor extension of operatin hours to existing use permits where the business has no appreciable outside noise and~or does not abut a residential district; new use permits where the use is of the same or more restricted nature as the previous use occupying the site; new use permits to authorize accessory dwellings; new use permits to authorize dwelling groups, in accordance with the provisions of Section 21-402; new use permits to authorize the establishment of conditional uses in commercial and industrial districts where the Zoning Administrator finds that the use will be compatible with adjacent uses and is in conformance with typical development standards, e.g., parking, landscaping, fencing, etc. and applicable performance standards; temporary tract offices, model homes, and tract sins in accordance with the provisions of Section 21-406; new use permits to authorize existing single-family dwellings or to reestablish single-family dwellings in selected commercial districts; previously approved use permits which have expired within the past twenty-four months. Section 16-300 definition "base flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood"). "Basement" means any area of the building having its floor subgrade, i.e., below ground level on all sides. "Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, excavation, drilling operations, permanent storage of equipment and materials (i.e. lumber Ord. 1930 NCS 2 yards, junk yards, vehicle storage yards, etc.) excluding the improvement or maintenance of public roads. "Flood or Flooding" means a general and temporary condition of partial or com fete inundation of normally dry land areas from: 1) the overflow of inland or tidal waters, 2 the unusual and rapid accumulation or runoff of surface waters from any source, and/or 3 the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood Insurance Study" is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Boundary- Floodway Map, The Flood Insurance Rate Maps, and. the water surface elevation of the base flood. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Mean Sea Level"_means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Section 16-502 Permitted Uses - Floodway Districts 5. And other open type of use as determined by the Zoning Administrator (Director of Plamm~g) to be of the same general character as the above permitted uses. Section 16-702 Development Permit Required A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of the highest natural grade and lowest proposed elevation of lowest floor of all structures. 16.-702.1 Designation of the Floodplain Administrator. The Planning Director or his/her designee is hereby appointed to administer and implement this ordinance by granting or denying development permits in accordance with its provisions. Section 16.703.1 - Manufactured Home Parks. No new manufactured homes shall be placed within floodway areas. Existing manufactured home parks within flood plain areas may be expanded and new manufactured home parks constructed only when the lowest floor of each manufactured home of such park is elevated at least 12 inches above the base flood elevation on reinforced piers or other foundation elements equal in force, unless otherwise restricted in Section. 16.703.2, and adequate access and drainage are provided. Ord. 1930 NCS 3 '' 1 Existing manufactured home parks in floodway areas may not be expanded under any 2 circumstances. All applications for new mobile home parks/subdivisions, or ten percent or greater physical expansion in the number of mobile homes existing prior to the adoption of this ordinance, located in a Floodplain shall include an emergency evacuation plan describing how property and life will be protected in the event of flooding. Section 16-705-2 Construction Materials and Methods A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. Section 19A-508 Requests for modifications shall be submitted to the Planning Director in written form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification. Section 19A-509 If the proposed modification involves an addition of a new use or group of uses not shown on the original Unit Development Plan, or if the Planing Director for any other reason deems it necessary, a public hearing shall be held on the proposed modification, and a recommendation made thereon to the City Council. Section 19A-510 Modification of an approved Unit Development Plan shall be made only by resolution of the City Council. Within thirty (30) days after receipt of a recommendation from the Planning Commission, the City Council shall approve or deny the proposed modification. As determined by the Director, modification which is minor in nature and clearly inconsequential may be made administratively or, in the judgement of the Director, may be referred to the Site Plan and Architectural Review Committee for review and approval. Minor modification includes modification to unit architecture and site design so long as no significant alteration to road alignment is made and no increase in unit yield results. Up to 20% of the individual dwelling units in residential PUDs may be substituted for other previously approved units if the resulting substitutions do not substantially alter the intent of the PUD as originally approved. Section 20-300 Single-Family Dwellings, (including attached condominiums and townhouses). New construction of dwelling units shall include 1 space which shall be covered and two additional spaces which may be open and located in the driveway. Required existing covered parking facilities may be converted into living quarters, subject to the requirement that if the covered parking space is taken away for living quarters, it be replaced by a parking space that is paved, conforms to the existing Zoning Ordinance, and which maybe uncovered. Section 20-300 Dwellings, two-family or duplex one space which shall be in a carport or garage, and one space which may be uncovered and in the driveway. Section 21-202.6 G. The home occupation shall not create pedestrian, automobile, or truck traffic or parking in residential neighborhoods in excess of that normally associated with residential use, with no more than two non-occupant vehicles present on the street at any given time. I. Residents and not more than two non-residents may work at a home occupation location. Ord. 1930 NCS 4 Section 26-202 Appeal. Any person who disagrees with a ruling or interpretation of the Zoning Administrator may appeal. the matter to the Planning Commission. Such appeal shall be made in writing and filed with the City Clerk within fourteen (14) calendar days of the ruling or interpretation. The City Clerk will then transmit the appeal to the Zoning Administrator, who will cause the matter to be placed on the agenda of the Planning Commission. If no appeal is made within that time, the ruling or interpretation shall be final. The appeal shall be addressed to the Planning Commission and shall set forth in writing the grounds for the appeal and the relief sought by the applicant. The hearing shall be scheduled within two regularly scheduled meetings. The Zoning Administrator shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the meeting on the appeal at least ten (10) calendar days prior to the meeting. The Zoning Administrator shall transmit the application and all exhibits therewith to the Planing Commission for consideration. For the purposes of this section, a ruling is a discretionary action, e.g., a minor conditional use perrmt or a variance and an interpretation refers to the determination of the intent and application of provisions of the Zoning Ordinance. Application or enforcement of provisions of the Zoning Ordinance shall not be considered interpretations or rulings and are not subject to appeal.. Notwithstanding this section, an individual may file a variance from the provisions of the Zoning Ordinance pursuant to Section 26-300. 22 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for 23 any reason held to be unconstitutional by a court of competent jurisdiction, such decision 24 shall not affect the validity of the remaining portions of this ordinance. The City Council of 25 the City of Petaluma hereby declares that it would have passed and adopted this ordinance 26 and each and all provisions thereof irrespective of the fact that any one or more of said 27 provisions be declared unconstitutional. INTRODUCED and ordered Posted/Published this 6th day of July 1993. ADOPTED this 19th day of July , 19 93 , by the following vote: AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: Barlas ABSTAIN: ATTES ~~APPROVE,IYA TO F RM: - , ~C%~l~l~~Ci ~' / rill l :c~~ r t l~~ i er ~ it ttorne (J ty ~ Y Y ordPMCpc/council-10 Ord. 1930 NCS 5