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HomeMy WebLinkAboutOrdinance 1679 N.C.S. 03/16/1987.. - ~ ~~~g~ ~ ~ba~~~~ APR 15 1987 ORDINANCE NO. 1679 N.C.S. INTRODUCED BY B. Sobel SECONDED BY Vice Mayor Tencer AI'd ORDINANCE AMENDING ZONING ORDINANCF. NO. 1072 N.C.S. WITH REGARD TO DEFINITIONS, APPEAL AND SPARC RF.VIF,W PROCEDURES, AMENDING SECTIONS .1.203, 26-202, 26-304, 26-308, 26-408, 26-507, 26-500 and 27-600 OF THE ZONING ORDINANCE. BE IT ORDAINED BY THE, CITY OF PETALUMA AS FOLLOWS, Section 1, Article 26, Section 26-202 of Zoning Ordinance No. 1072 N.C.S. ("Zoning Administrator - Appeal") is hereby amended as follows 26-202 A peal. 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 Planning Commission for consideration . 1 Ord. 167 NCS f' y Section 2, Article 26, Section 26-304 of Zoning Ordinance No. 1072 N.C.S. ("Variances - Referral of Appeal to Planning Commission") is hereby amended as follows 26-304 Referral or appeal to Planning Commission. The Zoning Administrator (Director of Community Development and Planning) may refer any application for a variance to the Planning Commission for action; or any person who disagrees with a ruling of the Zoning Administrator may appeal such ruling within fourteen (14) calendar days of the ruling to the Planning Commission. If no appeal is made within that time, the ruling shall be final. The appeal shall be addressed to the Planning Commission in writing anal filed with the City Clerk and shall set forth the grounds for the appeal and the relief sought by the applicant. The City Clerk, shall transmit the appeal to the Zoning Administrator who shall then place the matter on the agenda of the Planning Commission within two regularly scheduled meetings and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the hearing on the appeal at least ten (10) calendar days prior to the hearing. In either ease the Zoning Administrator shall transmit the application and all exhibits therewith to the Planning Commission for consideration. The Planning Commission, in such case, shall grant a variance only if it can make the findings set forth in Section 26-303. Section 3, Article 26, Section 26-308 of Zoning Ordinance No. 1072 N.C.S. ("Variances - Appeal to City Council") is hereby amended as follows 26-308 Appeal to City Council. 26-308.1 Within fourteen (14) calendar days following the decision of the Planning Commission on a variance application, the decision may be appealed to the City Council by the applicant or any other interested party. If no appeal is made within that time, the decision shall be final. An appeal shall be addressed to the City Council in writing and shall be filed with the City Clerk. The appeal shall state 2 Ord. 16~~ NCS specifically the grounds for the appeal and the relief sought by the applicant . 26-308.2 The Zoning Administrator (Director of Community Development and Planning) shall transmit the variance application, all other data filed therewith, the minutes of the public hearing, if any, the report of the Zoning Administrator, anal the findings and decision of the Planning Commission to the City Clerk. 26-308.3 The City Clerk, after consultation with the Community Development and Planning Department, shall set the matter for hearing on the agenda of the Council within two regularly scheduled meetings after the filing of the appeal, and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the Council hearing on the appeal at least ten (10) calendar days prior to the hearing . Section 4, Article 26, Section 26-408, of Zoning Ordinance No. 10?2 N.C.S. ("Site Plan and Architectural Approval - Appeal Rights Procedures") is hereby amended as follows 26-408 Appeal Rights: Procedures. A. Any decision of the Planning Director may be appealed to the Committee within fourteen (14) calendar days of the decision. B . Any decision of the Committee may be appealed to the City Council, whose decision shall be final, within fourteen (14) calendar days of the decision. C . An appeal shall be filed in writing with the City Clerk . If no appeal is made within the time limits, the decision shall be final. The appeal shall be addressed to the Committee or to the City Council and shall set forth in writing the grounds for the appeal and the relief sought by the applicant. In the case of appeal to the Committee, the City Clerk shall transmit the appeal to the 3 Ord. 1679 AlCS Planning Director who shall establish a hearing date within two regularly scheduled meetings, and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the hearing at least ten (10) calendar days prior to the hearing . In the case of appeal to the City Council the City Clerk shall establish a hearing date within two regularly scheduled meetings and shall notify in writing all persons who have demonstrated their interest in the matter at least ten (10) calendar days prior to the hearing. Section 5, Article 26, Section 26-507, of Zoning Ordinance No. 1072 N.C.S. ("Conditional Use Permits - Appealed to City Council") is hereby amended as follows 26-507 Appeal to City Council. 26-507.1 V'dithin fourteen (14) calendar days following the date of a decision of the Planning Commission on a Use Permit application, the decision may be appealed to the City Council by the applicant or by any other .interested party. If no appeal is made within that time, the decision shall be final. An appeal shall be addressed to the Council in writing and shall be filed with the City Clerk. The appeal shall state specifically the grounds for the appeal and the relief sought by the applicant . 26-507.2. The Zoning Administrator (Director of Community Development and Planning) shall transmit the Use Permit application, all other data filed therewith., the minutes of the public hearing, the report of the Zoning Administrator and the findings and decision of the Commission to the City Clerk . 26-507.3 The City Clerk, after consultation with the Community Development and Planning Department, shall set the matter for hearing on the agenda within two regularly scheduled meetings of the Council, 4 Ord.16~ NCS i , and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the Council hearing on the appeal at least ten (10) calendar days prior to the hearing. Section 6, Article 27, Section 27-600 of Zoning Ordinance No. 1072 N . C. S . ("Amendments -Appeal From Action by the Planning Commission") is hereby amended as follows 27-600 Appeal from action by the Planning Commission - In the event that the City Planning Commission makes a determination on a proposed amendment, the applicant or any other person may appeal said determination to the City Council by filing a written appeal with the City Clerk within fourteen (14) calendar days of said determination. If no appeal is made within that time, the decision shall be final. The appeal shall be addressed to the City Council and shall state specifically in writing the grounds for the appeal and the relief sought by the applicant. The City Clerk, after consultation with the Community Development and Planning Department, shall set the matter for hearing on the agenda of the Council within two regularly scheduled meetings, and shall notify in writing all persons who have demonstrated their interest in the matter of the time and place of the Council hearing on the appeal at least ten (10) calendar days prior to the hearing. The Zoning Administrator (Director of Community Development and Planning) shall transmit the Zoning Amendment application, all other data filed therewith, the minutes of the public hearing, the report of the 7.oning Administrator and the findings and decision of the Commission to the City Clerk. Section 7, Article 26-500, of Zoning Ordinance No. 1072 N.C.S. ("Conditional Use Permits") is hereby amended as follows: 26-500 Conditional Use Permits - The purpose of the Conditional Use Permit is to insure the proper integration of uses which, because of their special nature, may be suitable only in certain locations and only provided such uses are arranged or operated in particular manner. In considering an application for a conditional use, the Planning 5 Ord. 1679 AiCS f t Commission shall give due regard to the nature and condition of all adjacent uses and structures, and to the general and specific requirements of Article 21. The Commission may approve, conditionally approve, or deny an application for a conditional use permit. In granting conditional approval, the Commission may impose such requirements and conditions in addition to those specified in Article 21, with respect to location, construction, maintenance, operation, and duration as may be deemed necessary for the protection of adjacent properties and the public interest. In addition to the review described herein, any proposed Conditional Use shall be subject to site plan. and architectural approval in accordance with' the procedures and standards set forth in Section 26-401. Except in the case of accessory dwellings, additional application shall be required and additional fee shall be charged for such site plan and architectural review. When a Conditional Use Permit has been issued in accordance with the provisions of this section, it shall be deemed to be the Zoning Permit required by Section 26-100. (Balance of Section 26-500 is unchanged, except as specified above, #5). Section 8, Article 1, Section 1.203 of Zoning Ordinance No. 1072 N.C.S. ("Definitions") is hereby amended by the addition of the following definitions - Automotive repairs, major: Repair or refurbishing of any motor vehicle including the dismantling of an engine by removal of the head or pistons; the removal of the transmission, rear end or major assembly of any motor vehicle. Painting, body and fender work are included. - Automotive repairs, minor: Limited repair of any motor vehicle including the sales and installation of tires or. replacement of fluids or minor automotive parts including, but not limited to, spark plugs, belts, batteries, mufflers, tires, upholstery, and 6 Ord. 1679" NCS . ~ r wheels. Major automotive repair, painting, body and fender work are excluded . 1NHF.RF.AS the Zoning Ordinance modifications contained herein reflect existing policies, contribute to the orderliness and consistency of the regulatory procedures with no significant effects, the City Council hereby finds that the proposed amendments are categorically exempt from California Environmental Quality Act of 1970 as amended pursuant to CF.QA Sections 15305 (Minor Alterations In Land Use Limitations) , 15308 (Actions By Regulatory Agencies For Protection Of The Environment) and 15321 (Enforcement Actions By Regulatory Agencies) . THE CITY CLERK is hereby directed to post this Ordinance for the period and in the manner required by the City Charter. INTRODUCED AND ORDERED ~~~'~l~/PUBLI51lED this 3rd day ofMarch 1987. ADOPTED this 16th day of March 1987 by the following vote: NOES: None ABSENT: None AYE5: Davis, Sobel, Woolsey, Balsha~r, Vice Mayor Tencer, Mayor Hilligoss and Cavanagh ATTEST ... , atricia Bernard, City Clerk APPROVED Joe Fo t, City Attorney Patricia Hilligoss, Mayor 7 Ord. 167`3. NCS