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HomeMy WebLinkAboutOrdinance 1863 N.C.S. 08/19/1991~~ - ~ x:~~ E P 1 8 1991 ORDINANCE NO. 1863 NCS Introduced by Councilmember Seconded by Councilmember 5 Nancy Read Michael Davis 6 AN ORDINANCE OF THE CITY OF PETALUMA AMENDING 7 ZONING ORDINANCE 1072 NCS BY AMENDING ARTICLES 1 -DEFINITIONS, s 10 C-O DISTRICT, 13 HIGHWAY COMMERCIAL DISTRICT, 17 HISTORIC DISTRICT, ~ 19.5 RIVERFRONT WAREHOUSE DISTRICT, 19-A PLANNED UNIT DEVELOPMENT to DISTRICT, 21 ACCESSORY USES, DWELLING GROUPS, 24 EXCEPTIONS AND ~.1 MODIFICATIONS, 25 NON-CONFORMING USES. AND 27 AMENDMENTS 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 13 WHEREAS, on June 25 and July 9, 1991, the Planning Commission held duly noticed public 14 hearings on proposed amendments to the City of Petaluma Zoning Ordinance 1072 NCS; and is WHEREAS. upon completion of said hearings, the Planning Commission recommended that the 1~ City Council adopt said amendments to Zoning Ordinance 1072 NCS; and, 1~ WHEREAS, the City Council has adopted a negative declaration of environmental impact z.s pursuant to Section 15074 of CEQA Guidelines, finding of no significant negative impact on the 19 environment: 20 NOW, BE IT ORDAINED the City Council amends Ordinance 1072 NCS as follows: 21 Section 1. Zoning Ordinance 1072 NCS language in its entirety is hereby amended as follows: 22 General Plan 23 Up until 1987 when the City's new General Plan was adopted, the City used two primary 24 planning documents, the General Plan and the Environmental Design Plan. In various 25 places in Zoning Ordinance 1072 NCS, references are made to General Plan or 26 Environmental Design Plan. Wherever references are made to the term "Environmental 27 Design Plan", the words should be replaced with "General Plan". 28 Director 29 Director is a term that is defined by Zoning Ordinance 1072 NCS as the department head 3o who is designated by the City Manager to administer zoning for the City of Petaluma. All 31 references to "Planning Director" and "Director of Community Development" should be 32 changed to read "Director". 33 Section 2. Zoning Ordinance 1072 NCS text revisions shall be made as follows: Ordinance 1863 NCS ~3-o i 3. 4. 5. 6. 7. 8. 9. 10. Add Section 1-300 to Article I of the Petaluma Zoning Ordinance (Title 21) to read as follows: Section 1-300 Indemnification of City. (a) At the time of submitting an application for a discretionary approval which is the subject of the Petaluma Zoning Ordinance (Title 21), the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys or employees to attach, set aside, void or annul an approval of the City, its advisory agencies or City Council, which action is brought within the applicable statue of limitations. The indemnification shall include damages, costs, and/or fees awarded against the City, if and, costs of suit, attorney fees and other costs and expenses incurred in connection with such action. (b) In the event that a claim action or proceeding discussed in subdivision (a) is brought, the City shall promptly notify the applicant of the existence of the claim, action, or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the City from participating in the defense of any claim, action or proceeding if the City elects to bear its own attorney fees and costs and defends the action in good faith. Delete Section 10-305. Add Section 10-405 to read as follows: 10-405. Residential uses on combination with othe listed in 10-403, R-M-H, floors above the ground floor, when in r permitted or conditional uses, except those Delete existing Section 13-418. Add new Section 13-418 to read as follows: 13-418. R-M-H residential uses, on floors above the ground floor. Delete Section 19A-203. Amend Section 19A-201 to read as follows: 19A-201 Any and all compatible land uses are permitted in a PUD District, provided such use or uses have been shown on the Unit Development Plan for the District and approved pursuant to this chapter. All residential PUDs shall permit small family day care facilities. Amend Section 19A-202(B) to read as follows: 19A-202 B. A map showing the topography of the proposed PUD District, with existing and proposed contour intervals sufficient to meet all the requirements of the City. Existing trees, drainage Ord. 1863 N.C.S. 2 courses, and other significant topographical features shall be shown. 11. Amend Section 19A-202(H) to read as follows: 19A-202 H. Professional prepared elevations and/or perspective drawings of all major proposed structures. Such drawings need not be the result of final architectural plans, but must be in adequate detail to enable the Commission to determine, within reasonable limits, the height, bulk, materials, and arrangement of the proposed buildings and their general appearance. 12. Amend Section 19A-202(I) to read as follows: 19A-202 I. Development Standards for the project shall be professionally prepared and submitted with the application package. The standards shall include, but not be limited to, information regarding parking, setbacks, building heights, lot coverage, grading, landscaping, and other issues appropriate to the district. 13. Amend Section 19A-205 to read as follows: 19A-205 If the project proponent intends to utilize formal covenants, conditions, and restrictions and/or create an association of property owners in the planned unit development; covenants, conditions and restrictions (CC&R's) and a sample copy of the article of incorporation of the association shall be submitted as part of the application materials. These are subject to review and approval by the City. Covenants, conditions and restrictions or articles of incorporation of an association shall be recorded prior to the sale of any lot or prior to the issuance of a Certificate of Occupancy for any building built within the PUD. 14. Amend Section 19A-206 to read as follows: 19A-206 An application for a PUD Zone shall be accompanied by a development schedule and phasing plan indicating the elapsed time and date on which construction is to begin, the anticipated rate of development, and the anticipated date of completion. The development schedule, upon the recommendation of the Planning Commission, and when approved by the City Council, shall become a part of the Unit Development Plan and shall be adhered to by the owner of the property in the PUD District and any successors in interest. 15. Amend Section 19A-505 to read as follows: 19A-505 Following the adoption of the PUD District amendment and the approval of the Unit Development Plan, all development within the district shall be in conformity with the said adopted Unit Development Plan or such modifications thereto as may have been approved. Ord. 1863 N.C.S. 3 16. Delete Section 19A-506. 17. Amend Section 19A-510 to read as follows: 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. 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. 18. .Delete Sections 19A-800 and 19A-900. 19. Amend Section 24-500 to read as follows: 24-500 Solid fences, walls, and boundary hedges shall be no higher than six (6) feet except as specified in Sections 23-305 and 24-500.1 and may be located in side and rear yard areas or other open space as provided on the residential fence location exhibit which shall be made a part hereof, except where such fence would interfere with site distance requirements for auto traffic. Fences, walls, or hedges shall not exceed a height of .forty-two (42) inches when located in a required front yard setback area. An additional two (2) feet of screening at least fifty percent (50%) open, 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.) determined by the Zoning Administrator. No obstruction in excess of forty-two inches (42") in height shall be located on a corner lot within a triangular area formed by the curb lines and their projection and a line connecting them at points thirty-five feet (35') from the intersection of the projected curb lines, except that trees shall be permitted. The foregoing provisions shall not be construed to limit the height of retaining walls, exce t that front yard retaining walls shall not be more than eighteen inches (18"~ higher than the soil retained and shall not impair safe sight distance of street traffic. Fences shall be subject to architectural and site plan approval as to location, height, and material. 20. Delete Section 19-5.200. Ord. 1863 N.C.S. 4 21. Amend Section 17-501.1 to read as follows: 17-501.1 Exterior alterations, except as determined by the Director to be of a minor nature, would be subject to administrative review and approval. 22. Amend Section 17-501.2 to read as follows: 17-501.2 Exterior alterations that would affect a designated landmark or structure within a designated historic district, except as determined by the Director to be of a minor nature, would be subject to administrative review and approval. 23. Amend Section 17-501.3 to read as follows: 17-501.3 Construction of any type on a landmark site or within a historic district of a type which affects the exterior appearance of the site, unless exempted by the designating ordinance or except as determined by the Director to be of a minor nature, would be subject to administrative review anal approval. 24. Delete Section 17-505. 25. Amend Section 17-506 to read as follows: Applications for demolition permits, where the Director determines that the structure in question is potentially of historic or cultural significance, shall be referred to the Historic and Cultural Preservation Committee for review and determination, except permits for buildings posing an immediate danger to the public safety, health and welfare as determined by the Director and the Chief Building Official, and/or those applications of a routine, minor nature not warranting further review, as determined by the Director. When the Historic and Cultural Preservation Committee determines a structure not to be of cultural or historic significance, the application shall be returned to the Director with a finding of insignificance and the demolition permit. issued forthwith. In cases where the Historic and Cultural Preservation Committee determines the structure has cultural or historical significance, the Committee shall make the findings as outlined below, deny the application for demolition, and forward its decision to the Director. Mandatory findings are as follows: 1. The structure is of historical/cultural significance when listed on a local, state or national register or survey. 2. The structure is eligible for listing on a local, state or national register or survey. 3. Demolition of said structure will be detrimental to the aesthetic and/or economic vitality of the community. 26. Amend Section 1-203 to read as follows: 1-203 Detached Accessory Building or Structure: A detached accessory building or structure, except as provided in Section 21-207.1, shall maintain a minimum separation from a primary structure or building of at least three feet. For Ord. 1863 N.C.S. 5 purposes of measurement, roof eaves and overhangs, bays, balconies and other projections, shall be considered points of reference. 27. Amend Section 24-401.3 to read as follows: 24-401.3 A stair, unenclosed porch and any necessary landings, may project a distance not to exceed six (6) feet into a required front yard, provided such stair and landing, except for a railing, shall not extend above the floor level of the first floor of the building. 28. Amend Section 21-201. to read as follows: 21-201 Accessory buildings and structures may be attached to the main building or may be erected as a separate building. When an accessory building or structure (except patios and decks per 21-201.1f) is attached to a main building, it shall conform to all structural and yard requirements of the main building. All accessory buildings shall be included in calculating total lot coverage. 29. Amend Section 21-201.1 to read as follows: 21-201.1 Detached accessory buildings or structures shall conform to the following regulations as to their locations upon the lot: a. Detached accessory buildings or structures (except patios allowed under Section 21-201) may not be located in the required front yard of a main building. Detached accessory buildings may be located in required side or rear yards, provided that in the aggregate no more than five hundred (500) square feet. or ten percent (10%) of the area of the required yards, whichever is greater, shall be covered by such structures and provided that on a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the width of the required side yard. on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot. b. In the case of an interior lot abutting upon two (2) or more streets, no accessory building shall be erected or altered so as to encroach upon the front one-quarter (1/4) of the lot nearest either street. c. In the case of a corner lot abutting upon two (2) streets, no accessory building shall be erected or altered so as to project beyond the front yard required on any adjacent lot, nor shall it be located closer to either street line than the main building constructed on the lot. d. A detached accessory building shall maintain a four (4) foot side yard, except that a one (1) story detached accessory building not more than (10) feet in height and which does not Ord. 1863 N.C.S. 6 adjoin the front half of any adjacent lot, need only maintain a three (3) foot side yard in either of the following cases: 1. If it is situated entirely within the rear twenty-five (25) feet of the lot. 2. If it is more than seventy-five (75) feet from the street on which the main building fronts. e. No detached accessory building shall be within five (5) feet of the rear of the lot line. 30. Amend Section 21-201.2 to read as follows: 21-201.2 Guest house accessory buildings shall contain no kitchen or cooking facilities. A guest house may not be closer to any property lines than permitted for an accessory building as herein permitted. 31. Amend Section 27-402 to read as follows: 21-402 Action by the Planning Commission at conclusion of hearing. If, at the conclusion of the hearing, the Planning Commission shall find the amendment to be in conformance with the Petaluma General Plan, and consistent with the public necessity, convenience, and general welfare, it may recommend amendment of this ordinance. The recommendation shall be by resolution of the Planning Commission, carried by the affirmative votes of a majority of the total members present, including any member disqualified to vote for reason of conflict of interest. Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as approved below. 32. Amend Section 25-405 to read as follows: 25-405 Anon-conforming structure which is damaged by fire, flood, or act of God to an extent exceeding fifty (50) percent of its value, as determined by a methodology based on comparable neighborhood values as approved by the Director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated. 49 SO 51 52 33. Delete Sections 21-402.2 through 21-402.4. 34. Delete Section 19A-400 and subparagraphs A through D. IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision 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 Ord. 1863 N.C.S. 7 and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. 1 INTRODUCED and ordered Posted/Published this 5th day of August , 1991. ADOPTED this 19th day of August , 1991, by the following vote: AYES: Read, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Davis, Sobel ABSTAIN: zoamd /council-7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 APPROVED AS TO FORM: ity torney Ies, 1863 N.C.S. 8