HomeMy WebLinkAboutOrdinance 1668 N.C.S. 01/20/1987)y!-,5~ T~~T ~~U-S r,o ~S
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FE6 19 197 :.
ORDINANCE NO. 1668 N.C.S.
INTRODUCED BY: SECONDED BY:
®ice for Larry Tencer Brian Sobel
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY AMENDING SECTIONS 1-203, 11-400, 12-400, 13-400, 14-400., 15-400,
17-202.1, 17-500, 17-501.1, 17-501.2, 17-501,3, 17-504, 1?-505,
17-508, 19-201, 20-300, 20-412, 21-204.3N, 21-304.1, 21-403.7, 22-304.1,
24-101, 25-401, 26-107 and 26-512 to 26-512.2 OF THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Article 1, Section 1-203 of Zoning Ordina,rce No. 107?. N.C.S. is
hereby amended. by the addition of. the following definitions:
Auto wrecking yards: Land used for dismantling or wrecking of used
motor vehicles or trailers, or the storage, sale or dumping of
dismantled or wrecked vehicles or their. parts . The presence on any
lot or parcel of land of motor vehicles which for a period exceeding
thirty (30) days have not been capable of operating under their own
power or have not moved, which may not legally operate on the street,
or from which parts have been or are to be removed for reuse or sale
shall constitute prima facie evidence of an automobile wrecking yard.
Junk: Means any used, waste, discar.ded., or salvaged machinery,
scrap iron, steel, other fer. roes and. nonferrous metals, tools,
implements or portions thereof, glass, plastic, cordage, building
materials or other waste which has been abandoned from its original
use and may be used again in its present or in a new form. Also
including automobiles, other vehicles or dismantled vehicles in whole or
~ part .
Junkyard: The use of more than one hundred. (100) square feet of
any lot zoned A., R, or C, or more than two hundred (200) square
feet in any other district where "junk" is kept, stored, loca.ted., piled,
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salvaged, reconditioned, sold, bartered or put to any ttse, where such
junk is visible from any street, alley, roadway easement, or adjoining
property .
Open Storage; The storage of. new or usable supplies, materials,
products, motor vehicles or other appurtenances in the "open" or in
view of the general public. °Open storage" does not include a
"junkyard." .
Section 2. Sections 13-400, 14-400 and 15-400 (Conditional Uses in C-H,
M-L and b4-G districts) of the Zoning Ordinance No. 1072 N.C.S. are
hereby amended to include "Automotive repairs, major"; "Automotive
repairs, minor" ; and "Open Storage" .
Section 3. Sections 11-400 and 12-400 (Conditional Uses in C-N and C-C
districts) of the Zonixlg Ordinance are hereby amended to include
"Automotive r. epairs , minor" .
Section 4. Section 20-412 is hereby added. to Zoning Ordinance No. 1078
N.C.S. to .read as follows:
"Parkin; areas for other than single-family, duplex residential, a.nd
bed and br. eakfast structures shall not be permitted in required front
yards or street side yards . "
Section 5 . Section 22-304.1 of Zoning Ordinance No. 1071 r1, C. S. is hereby
amended to read as follows:
"Direct Glare . Direct glare is defined for the purpose of this
ordinance as illumination visible at the points of measurement specified
in Section 22-203 caused by direct or specularly reflected. rays from
incandescent, fluorescent, or arc lighting, or from such high
temperature processes as welding, or petroleum or metallurgical
refining .
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No such direct glare shall be permitted with the exception that parking
areas and walkways may be illuminated by luminaries so hooded or
shielded that the maximum angle of the cone of direct illumination. shall
be sixty (60) degrees if the luminary is not less than six (6) feet
above the ground. Such luminaries shall be placed no higher than the
principal structure on the site if attached to said structure anal, i.f not
attached. to the principal structure, no higher than twenty (7.0) feet
unless the Zoning Administrator determines that special operational
circumstances of the subject property require higher light standards.
The maximum illumination at ground level shall not be in. excess of
three (3) foot candles."
Section_ 6. Article 21, Section 403.7 is hereby amended to read:
21-403.7 The service station site area will have a minimum of fifteen
thousand (15,000) square feet. for a two-bay station. The ].ot
frontage, if located on a major street, will not be less than one
hun drecl twenty-five (125) feet .
Section 7. Article 20, Section 300 of Zoning Ordinance 1072 N.C.S. is
hereby amended in part to read a~ follows
Automobile or machinery 1 for each 400 sq.ft.
sales and service of floor area.
garages, automobile repair
Service Stations 1 for each pump island, service
bay, and en7ployee on the
largest shift.
Section 8. Section. 26-512 is hereby added. to the Zoning Ordinance to
permit administrative approval of use permits as follows
26-512. Minor Use Permits. For minor use permits, the Zoning
Ad.nministrator is hereby empowered to receive applications, notify
pursuant to Section 26-504.2, offer the opportunity of public hea.rir_gs,
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and approve subject to findings and conditions as required of the
Planning Commission. For purposes of this section, "minor use
permits" include minor exterior modifications or enlargements to
existing use permits, said modifications or enlargements being of
inconsequential nature and not involving a significant change in
operations; minor extension of operating; hours to existing use permits
where the business has no appreciable outside noise and/or does not
abut a residential district; and new use permits where the use is of
the same or more restricted nature as the previous use occupying the
site .
26-512.1. The Zoning Administrator may refer to the Planning
Commission for a public hearing any project but shall refer applications
not categorically exempt from the requirements of the California
Environmental ~?uality Act (CE~A), and projects for which adverse
comments have been received as a result of public notification which
could not be adequately mi±i.gated.
26.512.2 Any decision by the Zoning Administrator on a minor use
permit may be appealed to the Planning Commission. The appeal,
which must be written, shall state specifically wherein it is claimed
there was an error or abuse of discretion by the Zoning Administrator
or wherein the decision is not supported by the evidence in the
record. Appeals shall be processed pursuant to procedures contained
i.n Section 26-203.
Section 9. Section 25-401 of Zoning Ordinance No. 1072 N.C.S. is hereby
amended to read as follows:
"A non-conforming use or structure shall not be enlarged, extended.,
or moved to a different portion of the lot or parcel of land occupied
by such use, except that a non-conforming structure may be
reconstructed in such a way as to make it conforming, and residential
and accessory str. u.ctures located in appropriate residential districts
which have non-conforming yard setbacks may be altered or. added to,
provided that such alterations and additions would not result in a
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greater non-conformity of yard setbacks and provided further that
minimum yard setbacks of ten (10) feet are maintained for a principal
structure's front and. rear yards, three (3) feet for a principal
structure's side yard., and three (3) feet for accessory structure side
and rear yard setbacks."
Section 10. Section 21-204.3N is hereby added to Zoning Ordinance No.
1.072 N.C.S. to read as follows:
"N. All freestanding signs far properties with an East Washington
Street frontage shall be a monument, low-profile style not exceeding
five (5) feet in height measured from the grade of nearest public
sidewalk. "
Section 11. Section 19-201 of. Zoning Ordinance No. 1072 Pd. C. S. is hereby
amended to read as follows:
"No P-C District shall be established on any parcel of less than twenty
(20) acres."
Section 12. Zoning Ordinance No. 1072 N.C.S. Section 26-10'7 is hereby
amended to read as follows
"Duration of Permit The Zoning Fermit shall be issued by the Director
for a period not to exceed 30 daps in any one vear. The Zoning
Permit may be renewed by the permittee once for a period not to
exceed 30 days, except that special activities described by Section
26-lOlE may receive extensions not to exceed 180 days. The Director
may deny an application for permit extension for any of the grounds
specified in Section 26-105, or. due to the applicant's .failure to comply
with the terms and conditions of the original Zoning Permit. The
Director may add additional permit conditions upon permit renewal.
Section 13. Zoning Ordinance I~?o. 1072 I`dCS Section 17-401.2 is hereby
amended to read:
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"one or more areas containing a number of structures having special
character or special historical architectural or aesthetic inter. est in
value, and constituting distinct sections of the City, as historic
districts.
Section 14. Article 17, Section 17-202.1 of Zoning Ordinance No. 1072
N.C.S. is hereby amended to read.:
17-202.1 Shall hear and recommend to the Planning Commission, as
required by this article, permit applications for construction,
alteration, demolition and remedial work on landmark sites and in
historic. districts, as provided. in Section 17-500.
Section 15 . Section 17-501 of Zoning Ordinance 1\10 , 1072, N . C . S . is hereby
amended to read:
SECTION 17-500 REVIEW OF PERIr1IT APPLICATIONS TO CONSTRUCT,
ALTER, OR DF.r,7OLISH DESIGNATED STRUCTURES, OR STRUCTURES IN
DESIGNATED AREAS
17-501 Permit required: No person shall do any work listed below
to a designated landmark site or structure without first obtaining
review by the Historic and Cultural Preservation Committee and
grant of. a permit from the Planning Commission. No person shall
do any work listed. below within. a designated historic district
without first obtaining approval of only the Historic and Cultural.
Preservation Committee pursuant to procedures in Section 26-400
et al.
17-501.1 Exterior alterations.
17-501.2 Interior alterations that would affect the exterior of a
designated landmark or structure within a designated
historic district.
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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 .
Section 16. Article I7, Sections 504 and 505 of Zoning Or. din.an.ce 1072
N.C.S, is hereby amended to read as follows:
17-504 Hearing by Planning Commission: The Planning Commission
shall hold a public hearing on the applications for designation of
anew district or landmark and for modifications to landmark sites
per Section 17-501. Notice of such hearing is to be given as
required for conditional use permits in Section 26-504 and in
writing to recognized historical preservation organizations .
17-505 Decision--time limitation: The Historic and cultural
Preservation Committee and Planning Commission, if required by
this article, shall consider any report from recognized historic
preservation organizations and in cases affecting commercial
property, the affected business commLtr_ity, and shall ascertain
whether the proposed work conforms to this article and with the
provisions of the designating ordinance. The Historic and
Cultural Preservation Committee shall recommend and the Planning
Commission, if required, shall approve, suspend, or disapprove
the application ~;~ithin one hundred twenty (120) day after the
filing of a complete application with the Department of Community
Development .
Section 17. Article 17, Section 508, of Zoning Ordinance 1072 N.C.S. is
hereby amended to read as follows:
17-508 Showing of. hardship in cases of proposed alterations,
demolition, or construction: if the applicant presents facts clearly
demonstrating to the satisfaction of the appropriate reviewing
body that failure to approve his application wi]1 work immediate
and substantial hardship because of conditions peculiar to the
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particular structure or other feature involved and not created by
an act of the owner, the reviewing body may approve such
application even though it does not meet the standards set forth
in either the enabling or designating ordinance. In this context,
personal, family or financial difficulties, loss of prospective
profits and neighboring violations are not justifiable hardships .
Section 18. Whereas the Zoning. Ordinance modifications contained herein
reflect existing policies, contribute to the cleanliness and beautification of
open lands, and streamline regulatory procedures with no significant effect,
the City Council hereby finds that the proposed amendments are
categorically exempt from California Environmental Quality Act of 1970 as
amended pursuant to CEQA Sections 15305 (T,%tinor Alterations in Land Use
Limitations) , 15308 (Actions by Regulatory Agencies for Protection of the
Environment) and 15321 (Enforcement Actions by Regulatory Agencies) .
Section 19. 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
Zoning Ordinance No. 1072 N.C.S. , hereinbefore referred. to in accordance
with the recommendation of the Planning Commission.
Section 2,0. The City Clerk is hereby d.ir.ected to post this ordinance for
the period and in the manner required by the City Charter.
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INTRODUCED AND ORDERED POSTED /PUBLISHED this 5th day of
January 1987.
ADOPTED this 20th day of January 1987, by the
following vote .
AYES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Vice lIIayor Tencer,
Mayor Hilligoss
NOES : 0
ABSENT: 0
ATTEST :
._
Ma or
City Clerk
ord . zo .amend
reso5
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