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HomeMy WebLinkAboutOrdinance 1758 N.C.S. 05/15/1989 - ~ ~f989 . JUN ORDINANCE NO. 1758 N.C.S. Introduced by Councilman Seconded by Councilman John Balshaw Brian Sobel AN ORDINANCE AMENDING ORDINANCE 1072 N. C. S . AND ESTABLISHING ARTICLE 19.5, RIVERFRONT WAREHOUSE ZONING DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Ordinance 1072 N . C . S , is hereby amended to add Article 19.5 as follows "Article 19.5 RW - RIVERFRONT WAREHOUSE ZONING DISTRICT 19.5.100 Statement of Intent The City of Petaluma recognizes that the area described herein, known as the Riverfront Warehouse District, is a unique vestige of Petaluma's past that combines industrial, commercial and residential uses of historic and economic value to the City and its residents. As such, it is the purpose of this ordinance to accomplish the following 1. To preserve the existing uses in the area and promote their continued economic viability. 2. To protect the historic architectural qualities existing in the homes and businesses of the area. 3. To allow new commercial, industrial or residential uses in the area that are compatible with and that will enhance the character of the area. 4. To minimize the traffic, noise, parking and other potential impacts on the area that may arise as a result of new development or expansion of existing uses. 5. To promote public access to and utilization of the Petaluma River consistent with the Petaluma General Plan. 6. To create a vibrant core of mixed uses that will serve the needs of existing residents, business owners and employees as well as attract new businesses, shoppers, tourists and residents. 19.5.200 District Boundaries The boundaries of the Riverfront Warehouse Zoning District are set forth as follows Beginning at the intersection of Second Street and "~D" Street; then proceeding in a northeasterly dir-ection along "D" Street to the Petaluma River; then proceeding in a southeasterly direction following the centerline of the Petaluma River to the easternmost property line of Assessor's Parcel Number 008-194-31; then proceeding in a southwesterly direction to the southernmost property line of Assessor's Parcel Number 008-194-31; then proceeding in a northwesterly direction along Second Street (but not including properties on the Petaluma Blvd. side of Second Street) back to the point of beginning. Q RIVE ~'R0~''OSED p1 RFROIVT' DISTRICT 1 1~ .(T~LYYL LIY[I1 I la 1711 LL7 1 1 1 11 ' fJ1 1 ~ ~ 1 I.~~ , 1 L_~ H 1 L 1 1 ,_L YI ~V..1 1 1 1 i-' ' 1 1 L~~. I 1 1 1 1 MI.wN ~ 1 1 ._J_L_J 4~1_-J_t J..J 19.5.200 Definitions I - Unless specified below, the definitions of the Petaluma Zoning Ordinance shall be applied as necessary in the administration of this ordinance. (Note: The definitions listed below will remain in this section of the Zoning Ordinance until the revision of the entire ordinance is complete. Then they will be shifted to the definition section of the new ordinance. ) 19.5.201 Accessory Use: Any use directly associated with but clearly subordinate to the principal use occurring on the site. An accessory use ,must be consistent with the intent of this ordinance and compatible with adjacent and nearby properties or uses. 19.5.202 Compatible : Any use or accessory use or any structure, accessory structure or addition or modification thereto that is considered capable of existing among adjacent or nearby properties without conflict or ill effect. Compatibility shall be determined by the Planning Department according to the provisions of this ordinance, relevant sections of the Petaluma Zoning Ordinance, the Petaluma General Plan, the Guidelines of the Site Plan and Architectural .Review Committee and any other pertinent City policies or regulations. 19.5.203 Expansion: An increase in the size or intensity of an existing use or structure. For purposes of this ordinance, any expansion of the structure housing the use (including additional accessory structures) or any change in the mode of operation (for example, significant changes in employment, traffic to and from Ord. 1758 N.C.S. the site, hours of operation, etc.) considered by the City to have a potentially significant impact on the area shall be subject to review by the Planning Department to determine the extent of the impacts and possible remedies . 19.5.300 Permitted Uses 19.5.301 All principal and related accessory uses within the boundaries of the Riverfront Warehouse District in operation prior to the effective date of this ordinance shall be considered permitted uses and not subject to the non-conforming use provisions of the Petaluma Zoning Ordinance. Said uses may continue to operate in accordance with the provisions of this ordinance and any other applicable City policy; however, if an expansion of the use or site is determined by the City not to be compatible with the existing character of the area or the intent of this ordinance, then the expansion shall either be subject to conditions of approval designed to make the proposal compatible with its surroundings, or may not be permitted as proposed. 19.5.302 Any proposed uses that will complement the industrial, commercial, office, retail or residential mix of the area, consistent with the intent of this ordinance. 19.5.400 Conditional Uses 19.5.401 Any proposed industrial, commercial or residential use that may be consistent with the intent of this ordinance, but because of the specific characteristics of the proposed site, the project's relationship to adjacent properties, the nature of the proposed operation or other potential issues of compatibility will require conditions of approval in order to permit the project to begin and continue operating, shall be considered a conditional use . 19.5.402 The determination that a proposed use is conditional in the Riverfront Warehouse District shall be made by the Planning Director. The use permit shall be considered by the Planning Commission according to the administrative procedures set forth by the Zoning Ordinance. The Director's determination that a use permit is required may be appealed to the Planning Commission . 19.5.450 Prohibited Uses Any proposed industrial, commercial or residential use that is not consistent with the statement of intent or cannot be made consistent because of the nature of the use, issues of compatibility or other significant impacts shall be prohibited in this district. Ord. 1758 N.C.S. 19.5.500 Development Standards 19.5.501 Setbacks Building setbacks shall be determined based on the average front, side, rear or street side setback of adjacent properties. Other factors that may affect setbacks include but are not limited to requirements for off-street parking and .loading, landscaping, river setback. and orientation and compatibility with surrounding properties and uses. 19.5.502 Lot Coverage Maximum coverage is limited by the ability to satisfy off-street parking and loading requirements; landscaping and building setbacks; setbacks from the river, where applicable; and any requirements intended to insure compatibility with surrounding properties and uses. 19..5.503 Height Limitations No building or structure may exceed four (4) stories or fifty (50') feet. Exceptions to the height limits shall be those already covered by the Zoning Ordinance . 19.5.504 Residential Density For residential or mixed use projects consistent with the intent of this ordinance, maximum allowable density shall be determined based on the project's ability to meet setback, lot coverage, off-street parking, and other applicable City Standards and policies. Residential or mixed use projects of a density more than ten (10) units per acre may require a general plan amendment to a more appropriate designation. 19.5.505 River Access New development on vacant or underdeveloped property, expansion of existing structures or uses as defined by this ordinance or the subdivision of land adjacent to the Petaluma River shall be required to establish an adequate setback from the river's edge to provide public access in accordance with the provisions of the Petaluma General Plan. The project applicant shall work with City staff and other affected agencies to determine the size and design of the setback area and the relationship of the structure or use to the river. 19.5.506 Architectural Preservation Any new development or modification or addition to an existing structure subject to City review shall insure that the architectural features of the new structure or addition are consistent with the architectural context of the existing ORD. 1758 N.C.S. structure or site. The applicant shall work with City staff or the City's Site Plan and Architectural Review Committee (SPARC) to determine the appropriate architectural treatments for the project. 19.5.507 Floodplain Regulations All areas designated as Floodplain on the official Petaluma Zoning Map shall be subject to the pertinent regulations as set forth in Article 16 of the Zoning Ordinance . 19.5.508 Other Regulations Any issues not specifically covered by the provisions of this ordinance shall be resolved by reference to the Petaluma Zoning Ordinance, Petaluma General Plan, SPARC Guidelines or other applicable City policies or regulations." Section 2. 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 and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. Section 3. The City Clerk be, and she is hereby, directed to post publish this ordinance for the period and in the manner required by the City Charter. ORDERED posted/published this 1st day of May 1989. ADOPTED this 15th day of May 1989, by the following vote: AYES: Cavanagh, Sobel, Woolsey, Vice Mayor D 's, Mayor Hilligoss NOES : 0 ABSENT: Tencer, Balshaw _ f Jf'" Mayor ATTEST: 1 i .f' Approved: orney ord, riverfront. warehouse / resol Ord. 1758 N.C.S.