HomeMy WebLinkAboutOrdinance 1834 N.C.S. 12/17/1990JA'I~ 16 , lq~F
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ORDINANCE NO. 1834 N.C.S.
Introduced by Councilman
Jack Cavanagh
Seconded by Councilman
Brian Sobel
AN ORDINANCE AMENDING ORDINANCE 1072 N.C.S.
(THE PETALUMA ZONING ORDINANCE)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
WHEREAS, on July 27 and September 11, 1990, the Planning Commission held duly
noticed public hearings on proposed amendments to the City of Petaluma Zoning
Ordinance; and
WHEREAS, upon completion of said hearings, the Planning Commission recommended
that the City Council adopt said amendments to the Zoning Ordinance; and,
WHEREAS, the City Council has adopted a negative declaration of environmental impact
pursuant to Section 15074 of CEQA Guidelines, finding no significant negative impact on
the environments;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends
Ordinance 1072 N.C.S. as follows:
1. Amend Section 5-403, Conditional Use, Agricultural District, to read:
5-403. Private, recreation areas, uses and facilities of a low impact, predominantly
open space nature, including, but not. limited to, country clubs, swimming
pools, and golf courses.
2. Amend Section 5-407, Conditional Use, Agricultural District, to read:
5-407. Public and quasi-public buildings or structures and uses of an administrative,
educational, religious, cultural, low impact, open space recreation, or public
service type.
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3. Amend Section 26-902 -Application for Permit, Sign .Permits of the City of
Petaluma Zoning Ordinance, to read:
Section 26.902 -Application for permit. Application for permits shall be made upon
forms provided by the City and shall contain or have attached thereto the
information requested on the application; or additional information as deemed
necessary by the Director to process the application.
4. Add Section 2-312, General Plan and Zoning Inconsistency, General Provisions, to
the Zoning Ordinance as described below:
Section 2-312. Applications for General Plan amendments and/or zoning
amendments, when approval will result in an inconsistency between the General
Plan and zoning, shall be submitted by the applicant at the same time, along with
any other required applications, to maintain consistency between the General Plan
and zoning. Said General Plan amendments and zoning applications shall be
processed simultaneously, whenever feasible.
5. Amend Section 16-300, F'loodway and F'loodplain Definitions, to read as described
below:
a. "Development" means any man-made change or improved real estate
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, permanent storage of
equipment and materials (i.e., lumber yards, junk yards, vehicle storage
yards, etc.).
b. "Start of Construction" includes substantial improvements, rehabilitations,
additions and reconstructions, and means the date the building permit was
issued, provided the actual -start of construction, repair, reconstruction,
placement, or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction
of a structure on a site, such as the pouring of a slab or footings, the
installation of piles, the construction of columns, or any work beyond the
stage of excavation; or placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or
sidewalks; nor does it include excavation for a basement, footing, piers, or
foundations or the erection of temporary forms; nor does it include the
.installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure.
c. "Substantial Improvement" means any repair, reconstruction, rehabilitation,
addition or improvement of a structure, the cost of which exceeds 50 percent
of the market value of the structure, not inclusive of the land value, before
the start of construction of the im rovement either, (1) before the
improvement or repair is started, or (2~ if the structure has been damaged
and is being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration effects the external dimensions of
the structure. The term does not, however, (1) include any project for the
improvement of a structure to comply with existing state or local health,
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1 sanitary or safety code specifications which are solely necessary to assure safe
•~ 2 living conditions, or (2) any alteration of a structure listed on the National
3 Register of Historic Places or a State of City Inventory of Historic Places
4 provided that the alteration will not preclude the structure's continued
$ designation as a historic structure.
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7 6. Amend Section 16-703.1, Manufactured llome Parks, Floodplain and Flood Way
8 District of the City of Petaluma Zoning Ordinance to read:
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 manufacture home parks constructed only where the
ground elevation of each manufactured home pad of such park is elevated at least
12 inches above the base 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. Existing manufactured home parks in floodway areas
may not be expanded under any circumstances.
All applications for new mobile home parks/subdivisions, or ten percent or greater
physical expansion of in the number of mobile home 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.
7. Amend Section 26.913 -Procedure for Permit to Erect Adjacent to Freeway, City of
Petaluma Zoning Ordinance, to read:
SECTION 26.913. PROCEDURE FOR PERMIT TO ERECT ADJACENT TO
FREEWAY.
No permit shall be issued to erect, construct or relocate any sign, billboard or other
advertising structure, regardless of location, unless the Zoning Administrator shall
have first determined that such sign, billboard or other advertising structure is not
designed to have the advertising thereon maintained primarily to be viewed from
the main traveled roadway of a freeway or the ingress or egress ramps thereto.
Every application for a permit to erect, construct, or relocate a sign, billboard or
other advertising structure within five hundred feet of a main traveled roadway of a
freeway, shall be considered by the Zoning Administrator, and he shall determine
whether the proposed sign, billboard or other advertising structure is designed to be
viewed from a main traveled roadway of a freeway or the ingress or egress ramps
thereto If the Zoning Administrator determines that the proposed sign, billboard
or other advertising structure is designed to have the advertising thereon so
maintained, the application for a permit shall be denied. If the Zoning
Administrator determines that the sign, billboard or other advertising structure is
not designed to have the advertising thereon so maintained and that the same does
not violate any other provision of this title, the permit shall be granted. Procedures
for the notice, hearing and appeal of the decision of the Zoning Administrator
hereunder shall be the same as are set out in Section 26-905.
8. Amend Section 1-203, Bed and Breakfast Inn, Definitions, to read: A building or
portion thereof, in which the inn owner or manager resides containing guest rooms,
in which for any form of compensation, temporary overnight lodging is provided .for
a period not to exceed 14 successive calendar days for each guest. No restaurant
Ord. 1834 N.C.S.
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open to the general public is permitted. Food service for compensation is limited to
one meal a day served to guests only.
9. Amend Section 1-203, Definition of Building i;Ieight, City of Petaluma Zoning
Ordinance to read:
Section 1-203 Building. Hei hg t of. The vertical distance from the average contact
ground level of the finished. grade of the building site to the highest point of the
coping of a flat roof or to the ride of the roof-line of a mansard roof or the average
height level between eaves and ridge for gambrel, hip or gabled roofs.
10. Delete Section 2-308, Architectural review, General Provisions, of the Zoning
Ordinance.
11. Amend Section 26-401, Site Plan and Architectural Approval of the Zoning
Ordinance to read:
26-401 Site Plan and Architectural Approval. The purpose of site plan and
architectural approval is to secure compliance with the Zoning Ordinance and to
promote the orderly and harmonious development of the City of Petaluma. No city
permit or license shall be issued for any of the following uses until site plan and
architectural approval has been obtained:
public buildings and grounds;
public and private schools, colleges, libraries, art galleries and museums;
public and private hospitals and other institutions;
churches and other religious buildings and grounds;
clubs, lodges, mortuaries, meeting halls, and other places of public assembly;
motels and hotels;
office buildings;
all commercial and industrial uses;
mobilehome parks;
parking lots;
public utilities structures and installations, except poles and towers carrying
overhead lines;
more than one dwelling unit per lot;
subdivisions with five or more single-family dwellings.
The Director may grant administrative site plan and architectural approval for non-
production residential units in approved subdivisions of five or more lots, all
residential developments of less than five units, and all minor additions or
modifications to industrial, commercial or office buildings, or may refer said
development proposals to the committee. For purposes of this section, the term
"non-production residential units" shall mean houses not substantially similar to
other houses within view of one another as determined by the Director, or houses
within a subdivision where the same floorplan or exterior design is used less than
three times.
12. Amend Section 1-203, Junk Yard, Definitions of the City of Petaluma Zoning
Ordinance, to read:
Section 1-203 -Junk Yard. "Junk yard" shall mean a place of more than one
hundred (100) square feet of any lot zoned A or C, or more than two
hundred (200) square feet in any other district, except R districts, where
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waste, discharged or salvaged materials, which have been abandoned from
their original use, are bought, sold, exchanged, baled, packed, disassembled,
or handled. The term shall include, but not be limited to, vehicle wrecking
and salvage yards, house wrecking yards, used lumber yards, and places or
yards for the storage of salvaged house wrecking and structural steel
materials and equipment but shall not include places where such uses are
conducted entirely within a completely enclosed building. The term shall not
include pawnshops and establishments for the sale, purchase, or storage or
used furniture and household equipment (when conducted within a
completely enclosed building), or for the sale of used cars or vehicles in
operable condition, or salvaged material incidental to manufacturing
operations, nor the holding of damaged or wrecked motor vehicles pending
investigation and disposition by any law enforcement agency, court, or
insurance adjustor.
Junk yards and junk visible from any street, alley, roadway easement, or
adjoining property are prohibited in "R" districts.
13. Amend Section 1-203., Accessory Dwellings, Definitions, City of Petaluma Zoning
Ordinance to read:
Accessory Dwelling. Asingle-family dwelling in an R-1 Zone, subordinate to an
existing single-family dwelling, which meets the criteria outlined in Section 21-408.
14. Amend Section 6-500, 1-leight Regulations, R-1 One Family Residential District,
City of Petaluma Zoning Ordinance, to read:
Section 6-500 Hei hg t Regulations:
No principal building or principal building that includes an attached accessory
dwelling shall exceed two and one-half (2-1/2) stories of twenty-five feet in height.
No non-residential accessory building shall exceed one and one-half (1-1/2) stories
or fifteen (15) feet in height, except as provided in Section 24-100. Detached
accessory dwellings may not exceed two (2) stories or twenty-one (21) feet in height.
37 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
38 any reason held to be unconstitutional by a court of competent jurisdiction, such decision
39 shall not affect the validity of the remaining portions of this ordinance. The City Council of
40 the City of Petaluma hereby declares that it would have passed and adopted this ordinance
41 and each and all provisions thereof irrespective of the fact that any one or more of said
42 ,provisions be declared unconstitutional.
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Ord. 1834 N.C.S.
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INTRODUCED and ordered Posted/Published this loth day of December
1990.
ADOPTED this 17th day of .December , 1990, by the following vote:
AYES: Balshaw, Davis, Woolsey, Tencer, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: o
ABSENT: Sobel
ABSTAIN:
ATTEST:
ity er
zoord/councils
Ord. 1834 N.C.S.
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