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HomeMy WebLinkAboutOrdinance 1728 N.C.S. 08/01/1988 DATA ~ SEP O 1 1988 ORDINANCE NO. 128 N.C.S. Introduced by Councilman Seconded by Councilman Lawrence Tencer Brian Sobel AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA as follows Section 1. Amend Article 7, Section 603 (R-C Zone) of Zoning Ordinance No. 1072 N.C.S., to read as follows: 7-603 Yard Requirement . Any development shall provide the following yard: Front Yard: Twenty (20) feet. Rear Yard: Twenty-five (25) feet. Side Yards: None, except: 1. As provided in Section 24-301 (corner lots) 2. Wherever a side yard abuts property zoned R-l, such side yard shall not be less than five (5) feet. Wherever a setback of less than 5 feet is provided, a maintenance easement on adjoining property may be required by the Director. Access to rear yards at least five (5) feet in width shall be provided to the satisfaction of the Fire Marshal. Section 2. Amend Article 24, Section 24-204 of Zoning Ordinance No. 1072 N . C . S . , "Front Yard Exceptions and Modifications!' , to read as follows : 24-204 On a site which is not rectangular or approximately rectangular, or is a flag lot, the required front yard shall be computed in a .manner prescribed by the Director of Community 1 Development and Planning. Inasmuch as possible, setbacks shall conform to the requirements of this Ordinance that pertain to the district in which the property lies and respect the established development pattern of the neighborhood. Section 3. Amend Article 24, Section 24-306, "Side and Rear Yard Exceptions and Modifications", of Zoning Ordinance No. 1072 N.C.S. to read as follows 24-306 On a site which is not rectangular or approximately rectangular, or is a flag lot, the required side and rear yard shall be computed in a manner prescribed by the Director of Community Development and Planning. Inasmuch as possible, setbacks shall conform to the requirements of this Ordinance that pertain to the district in which the property lies and respect the established development pattern of the neighborhood. Section 4. Amend Section 1-203 of Zoning Ordinance No. 1072 N.C.S. by adding the following definitions: Day Care Center. A facility other than a family day care facility which provides nonmedical care except as an accessory use, to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Day care centers include infant centers, preschools, extended day care facilities, and the like . Family Day Care Home . A home which regularly provides care, protection and supervision to twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day., while the parents or guardians are away, and includes the following 2 ~~~~.172~NCS 1. Large Family Day Care Home - home which provides family day care to seven to twelve children, inclusive, including children who reside at the home. 2. Small Family Day Care Home - A home which provides family day care to six or fewer children, including children who reside at the home . Residential Care Facility. A home licensed by the State which is regularly used as a community care facility, health facility, care facility for the elderly, or alcoholism recovery facility (as defined by California Health and Safety Code) ; or facilities for the mentally disordered, handicapped persons, or dependent and neglected children (as defined. by California Welfare and Institutions Code) . 1. Small Residential Care Facility. A residential care facility serving six or fewer persons. 2. Large Residential Care Facility. A residential care facility serving seven or more persons . Yard, Front. A yard extending across the full width of a site measured between the front property line or street plan line or access easement and the structure closest thereto. The depth of a front yard is the minimum horizontal distance between the front property line or street plan line or access easement and a line parallel thereto on the lot touching any part of a structure other than parts herein specifically excepted. (Ord. 1175 6/75). (See exceptions in Sections 2-306, 24-204, and 24-306. ) Yard, Rear. A yard extending across the full width of a site between the rear lot line and the structure closest thereto. The depth of a rear yard is the minimum horizontal distance between the rear property line and a line parallel thereto on the lot touching any part of a structure, other than parts herein specifically excepted. (See exceptions in Sections 2-306, 24-204, and 24-306) . 3 ~~~.172~NCS Yard, Side. A yard extending from the front yard to the rear yard, or from the front property line or street plan line or access easement where no front yard is provided to the rear property line where no rear yard is provided. The width of the side yard is the minimum horizontal distance between the side property line and a line parallel thereto on the lot touching any part of a structure, other than parts herein specifically excepted. (Ord. 1175 6/75). (See exceptions in Sections 2-306, 24-204, and 24-306) . Section 5. Amend Article 20, Section 20-300, "Number of Parking Spaces Required", of Zoning Ordinance No. 1072 N.C.S. to read, in part 20-300 Single-Family Dwellings, 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 may be uncovered. Multiple dwellings, one space which may be covered or open for each bedroom, studio or efficiency apartment. In no case shall a project provide an overall parking ratio of less than 1.5 spaces per unit. Manufacturing plants, research or testing laboratories, bottling plants, processing plants, and packaging plants. 1 for each 1.5 employees on the maximum shift, or one per 500 sq. ft. of gross floor area, or 35 spaces per acre of land in the parcel., whichever is greater. Wholesale establishments, warehouses service and maintenance centers, communication equipment buildings. 1 for each 1.5 employees on the maximum shift, or one space per 500 sq. ft. of gross floor area, or 35 spaces per acre of land in the parcel, whichever is greater. 4 ~~tD.172~NCS Unspecified uses of buildings, strctures or premises The number of spaces shall be fixed by the Zoning Administrator (Director of Development and Planning) in accordance with the general purposes of standards herein. All new structures in industrial zones shall provide no less than 35 spaces per acre of land. Section 6. Add the following to Article 20, Zoning Ordinance No. 1072 N.C.S, "Standards for Off-Street Parking Facilities": 20-413 Parking spaces required in industrially zoned areas that exceed current employment needs may be reserved as landscaped area, subject to approval by the Planning Director. 20-4.14 Parking stall size shall be determined by SPARC. 20-207 Planned Districts . Separate parking requirements may be adopted pursuant to Articles 19 and 19.5 for Planned Unit and Planned Community Districts . The more restrictive requirements of this zoning ordinance or the Planned District regulations shall prevail. Section 7. Amend Article 26, Section 505 of Zoning Ordinance No. 1072 N . C . S . , a portion of "Conditional Use Permits" , to read as follows 26-505 Findings. The Planning Commission shall approve a Conditional Use Permit, only when it has found in writing that the proposed structure or use, subject to any conditions which it may have attached, will conform to the requirements and the intent of this ordinance and the Petaluma General, and that such use. will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community. These findings shall be based on substantial evidence in view of the whole record to justify the decision . Section 8. Add to Article 6, "Permitted Principal Uses in R-1 Zone", of Zoning Ordinance No. 1072 N.C.S." 5 .~a172SNCS 6-203 Small Residential Care Facility 6-204 Small Family Day Care Home Section 9. Add to Article 6, "Conditional Uses in R-1 Zone", of Zoning Ordinance No. 1072 N.C.S.:" 6-407 Large Family Day Care Home (minor use permit only, subject also to provisions of Section 21-500) 6-408 Large Residential Care Facilities 6-409 Day Care Center Section 10. Add to Article 7, "Permitted Principal Uses in R-C Zone", of Zoning Ordinance No. 1072 N.C.S." 7-202 Small Residential Care Facilities 7-203 Small Family Day Care Homes Section 11. Add to Article 7, "Conditional Uses in R-C Zone, of Zoning Ordinance No. 1072 N.C.S.: 7-404 Large Residential Care Facilities 7-405 Day Care Center Section 12. Add to "Permitted Principal Uses " in Articles 8, 8.1, 9 (R-M-G, M-L, and R-M-H Zones) of Zoning Ordinance No. 1072 N.C.S.: Small Family Day Care Section 13. Add as "Conditional Use" in Articles 5, 8, 8.1, and 9 through 15, inclusive, (Ag, R-C, R-M-G, M-H, R-M-H, C-0, C-N, C-C, C-H, M-L, and M-G zones} in Zoning Ordinance No. 1072 N.C.S.: 6 ®Ri:?.172SNCS Day Care Center Section 14. Add to Article 21, Zoning Ordinance No . 1072 N . C . S . , "Special Standards and Considerations Governing the Following Particular (Conditional) Uses" 21-500 Large Family Day Care Home A. An application for a conditional use permit shall be accompanied by all information, plans, and descriptions required by the Planning Department to process the application. B. Any side or rear yard area intended for day care use shall be surrounded by a barrier to separate the children from neighboring properties unless the Planning Director determines that a barrier is not necessary; e.g., for properties not bordering developed properties. Examples of acceptable barriers include hedgerows, chainlink or wood fences, walls, and. the like. Fences shall be installed to protect the children from possible hazards (e.g., swimming pools, ravines, vicious animals, etc.) C. Recreation equipment exceeding eight feet in height located in any yard area intended for day care use shall be kept a minimum distance of five feet from perimeter property lines. D. Proposed day care homes shall comply with applicable building and fire code providions, with applicable Building Codes, Fire Code standards adopted by the State and administered by the City Fire Marshal, and with Social Services Department licensing requirements (California Administrative Code, Title 22, Division 2). E. Properties used for large family day care homes shall not be located closer than three hundred feet from one another in all directions. In no case shall a .residential property be directly 7 ~j:~~.1'1'28NCS abutted by large family day care property(ies) on two or more sides . F. All dwellings used for large family day care facilities shall provide at least three off-street automobile parking spaces, no more than one of which may be provided in a garage or carport. These may include spaces already provided to fulfill residential parking requirements. G. Drop-off and pick-up of children at a proposed day care home shall be staggered. H. Noise generated from the proposed day care home must not exceed established standards and policies as set forth in the General Plan; i. e. , not to exceed Ldn 60 as measured outside on neighboring property. I. The use permit for large family day care shall be reviewed after one-year by the Director to identify and achieve mitigation of any adverse conditions related to the day care activities' conformance to these Zoning Ordinance regulations. The Director may mitigate problems related to noise, traffic, parking, and code violations by imposing new conditions, such as limiting hours of operation, requiring installation of solid fencing, subsequent. or periodic review, etc. at his/her direction. The Director shall give notice of this review to owners and residents of property immediately adjacent to the large family day care to allow at least ten days for comment . J. The facility will be operated in a manner which will not adversely affect adjoining residences. K. Residences located on arterial streets (as shown on the General Plan Circulation Map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial 8 ~~~.172SNCS roadway. Regularly available on-street parking stalls adjacent to the site may be considered to satisfy this requirement. Section 15. Add to Article 26, "Regulations, Governing Minor Use Permits" of Zoning Ordinance No. 1072 N.C.S.: 26-512.3 The Director shall approve a minor use permit for large family day care facility if all the provisions of Section 21-500 are met. Section 16. Amend Section 26-512 (Minor Use Permits) of Zoning Ordinance No . 1072 N . C . S . , to read, in part ...notify pursuant to Section 26-504.2 (except that, for large family day care facilities, notice shall also be given to all owners of property within 100 feet of the site) , . Section 17. Add to Section 19A-200, "Establishment of a PUD District" of Zoning Ordinance No. .1072 N.C.S, All residential PUD's shall permit small family day care facilities. Section 18. The City Council further finds that said Planning Commission held public hearings on said proposed amendments to Zoning Ordinance No. 1072 N. C . S . , on April 26 and June 14, 1988 after giving notice of said hearings in the manner, for the period and in the form required by said Ordinance No. 1072 N.C.S. Section 19. The City Council finds that the requirements of California Environmental Quality Act Guidelines Section 15083 have been satisfied and hereby incorporates by reference the Negative Declaration approved by Resolution NO. gg-258 N.C.S. Section 20. The City Council hereby finds that: 9 ®~9~.172~NCS ,T~.-. 1. The proposed amendment is in general conformity with the Petaluma General Plan and is not in conflict with any policies or programs therein . 2. The public necessity, convenience and general welfare clearly permit the adoption of the proposed amendments. Section 21. Pursuant to the provisions of Zoning Ordinance No. 1072 N . C . S . , and based upon the evidence it has received and in accordance with the findings made, the City Council hereby adopts amendments to said with the recommendation of the Planning Commission. Section 22. If any section, subsection, sentence, clause or phrase of this chapter is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. Section 22. The City Clerk is hereby directed to publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this 18th day of July 1988 by the following vote: ADOPTED this 1st day of August , 1988, by the following vote: AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis Mayor Hilligoss NOES: p ~ ABSENT: p ~ ATTEST: y Patric a ar M , atricia Hilligs_s City Cl r Mayor Approved: o A. Forest Ci y Attorney .rd .amend , zo .text RESO10 10 ~i~I~.172SNCS