Loading...
HomeMy WebLinkAboutOrdinance 1634 N.C.S. 10/15/1985ZD ~ l !UG 6°~~ ~ l T-S ~E~~~IVE I~TE J~~ tiw~ ~ ;~E~i ~~~ ~ F~ INC ~~~Kl~'G - ~ co~,oa~n~NiuM ~b1d ~ ~ n~ ~s G ORDINANCE NO. 1634 N.C.S. INTRODUCED BY: SECONDED BY: ~~: Michael Davis Lynn Woolsey AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S. BY REPEALING ARTICLE 2, SECTION 2-312; ARTICLE 26, SECTION 26-100; ADDING ARTICLE 26, SECTION 26-101; AMENDING ARTICLE 26, SECTION 26-101 AND RENUMBERING TO 26-102; RENUMBERING ARTICLE 26, SECTION 26-102 TO 26-103; ADDING ARTICLE 26, SECTION 26-104; AMENDING ARTICLE 26, SECTION 26-103; AND RENUMBERING TO SECTION 26-105; ADDING ARTICLE 26, SECTION 26-106 AND SECTION 26-107; AMENDING ARTICLE 26, SECTION 26-104 AND RENUMBERING TO SECTION 26-108; AMENDING ARTICLE 26, SECTION 26-105 AND RENUIvIBERING TO SECTION 26-109; ADDING ARTICLE 26, SECTION 26-110; AMENDING ARTICLE 1, SECTION 1-203 "KENNEL", ARTICLE 20, SECTION 20-203, 20-601; REPEALING ARTICLE 20, SECTION 20-401 AND ARTICLE 1, SECTION 1-203 "PARKING SPACE"; ADDING ARTICLE 10 SECTION 10-600-1, ARTICLE 11 SECTION 11-600-1, ARTICLE 12 SECTION 12-600-1, ARTICLE 13 SECTION 13-600-1, ARTICLE 14 SECTION 14-600-1, ARTICLE 15 SECTION 15-600-1, ARTICLE 13 SECTION 13-418; AMENDING ARTICLE 13, SECTION 13-100; REPEALING ARTICLE 14, SECTION 14-206 AND ADDING ARTICLE 14 SECTION 14-412 OF ZONING ORDINANCE NO. 1072 N.C.S. BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS: Section 1. Article 26, Section 26-100 of Zoning Ordinance No. 1072 N.C.S. , is hereby amended as follows: SECTION 26-100 ZONING PERMITS - No property owner shall conduct or permit to be conducted a special activity as defined in Section 26-101 of the Zoning Ordinance on his land without first obtaining a Zoning Permit from the Director of Community Development and Planning . Section 2 . A new Article 26 , Section 26-101 is hereby added to Zoning Ordinance No. 1072 N.C.S. to read as follows: 26-101 Special Activity Defined. A special activity is any of the following temporary (60 days or less unless otherwise restricted) uses of private property 1 Ord. No. 1634 N.C.S. ,~ ~' A. Outdoor sale of Christmas trees, pumpkins, or other produce, goods or merchandise. B . Outdoor swap meets , or flea markets . C. Carnivals, circuses, rodeos, fairs, festivals, tent sales, open air theaters, exhibits, games of skill, rides, booths, concession stands and other temporary entertainment events open to the public which are held out of doors or in a temporary structure (a structure to be used for 60 or less days). D. Use of a lot for outdoor storage of vehicles as defined in California Vehicle Code Section 670. E. The erection of a temporary habitable structure on a vacant lot or construction site . Section 3. Article 26, Section 26-101 of Zoning Ordinance No. 1072 N.C.S. is re-numbered Section 26-102 and amended to read as follows: 26-102 Application. An application for a zoning permit shall be filed with the Director of Community Development and Planning by the owner of the property where the special activity will occur or their agent. An application for a Zoning Permit shall be filed no less than thirty (30) days nor more than six months prior to the date the special activity is to commence. Upon a showing of good cause, the Director may process an application filed less than 30 days before the activity date if sufficient time remains to investigate the application. Waiver of application fee may be permitted by the Community Development and Planning Director upon proof of non-profit status of the applicant . Section 4. Article 26, Section 26-102 of Zoning Ordinance No. 1072 N.C.S. is re-numbered Section 26.103. 2 Ord. No. 1634 N.C_S. Section 5. A new Article 26, Section 26-104 is hereby added to Zoning Ordinance No. 1072 N.C.S. to read as follows: 26-104 Application fee. The fee for a Zoning Permit shall be established by resolution of the City Council. Section 6. Article 26, Section 26-103 is re-numbered Section 26-105 and amended as follows 26-105 Issuance of Permit. The Director of Community Development and Planning shall issue a Zoning Permit unless it is determined from a consideration of the application or other pertinent information, that: A. The operation or location of the proposed special activity would violate any provision of the Petaluma Municipal Code and Petaluma Zoning Ordinance including but not limited to the Performance Standards Specified in Article 22 of the Zoning Ordinance. B . The operation or location of the proposed special activity would adversely effect surrounding uses or structures. C. The proposed special activity would be substantially out of compliance with permitted uses on surrounding property and/or the permitted principal and accessory uses in the zone district in which the proposed special activity is to be located. D. The proposed special activity would have a substantial adverse impact on street congestion or vehicular traffic hazards in the City of Petaluma or on the movement of pedestrian traffic. E. The planned duration of the special activity is in excess of 60 days. F. Information contained in the Zoning Permit application, or supplemental information requested. from the applicant, is found to be false in any material detail. Ord. No. 1634 N.C.S_ 3 G. The applicant has had a Zoning Permit for the same or a similar special activity revoked by the City within two calendar years immediately preceding the application. Section 7. Article 26, Section 26-106 is hereby added to Zoning Ordinance No. 1072 N.C.S. to read as follows: 26-106 Permit Conditions. The Director may condition the issuance of a Zoning Permit by imposing reasonable requirements with respect to location, construction, maintenance, operation and duration to insure compliance with the Zoning Ordinance and to protect surrounding uses and the safety of persons and property. Such conditions include but are not limited to: A. Restrictions as to proximity to adjacent land. B . Restrictions on hours of operation and duration of the special activity . C. Restrictions to insure compliance with the performance standards in Article 22 of the Zoning Ordinance including restrictions on noise generating equipment and amplified sound systems. D. Off-street parking requirements and conditions concerning accommodation of pedestrian and vehicular traffic in the vicinity of the special activity. E. Restrictions on use and placement of signs. F. Requirements and restrictions on use of lighting. G. Requirements for the use of garbage containers and cleanup during the special activity, and cleanup/restoration of the property immediately following the termination of the special activity . Ord. No_ 1634 N.C.S. 4 Section 8. Article 26, Section 26-107 is hereby added to Zoning Ordinance No. 1072 N.C.S. to read as follows: 26-10? Duration of Permit The Zoning Permit shall be issued by the Director for a period not to exceed 30 days . The Zoning Permit may be renewed by the permittee once for a period not to exceed 30 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 9. Article 26, Section 26-104 of Zoning Ordinance No. 1072 N.C.S. is re-numbered Section 108 and amended to read as follows 26-108 Limitation on Use. Land or buildings may be occupied and used only for the use for which the Zoning Permit is issued and in accordance with all permit conditions imposed by the Director. Section 10. Article 26, Section 26-105 of Zoning Ordinance No. 1072 N.C.S. is re-numbered Section 26-109 and amended to read as follows: 26-109 Revocation. A. When a Zoning Permit has not been used within six (6) months after the date of granting thereof, then without further action the permit shall be deemed revoked. B. The Director may revoke a Zoning Permit for failure of the permittee to comply with all the terms and conditions of the permit or for violating the Petaluma Municipal Code, or the Zoning Ordinance. Notice of the Director's action revoking the permit shall be delivered inwritin g to the permittee by personal service or by certified mail stating the grounds there for. Ord. No. 1634 N_C.S_ 5 Section 11. Article 26, Section 26-110 is hereby added to Zoning Ordinance No . 1072 N . C . S , to read as follows 26-110 Appeals. A. The applicant or any interested party may appeal a permit denial or permit condition or the Director's decision not to renew the Zoning Permit. A permittee or any interested party may also appeal the Director's decision to revoke the Zoning Permit. Such appeal shall be made in writing to the Director within 10 days of the date of the Director's decision . The Director shall cause the matter to be placed on the next available agenda of the Planning Commission . B . The applicant or any interested party may appeal the decision of the Planning Commission to the City Council. The appeal shall be conducted in the same manner provided in Sections 26-507.1 through 26.507.3 of the Zoning Ordinance for appeal of Planning Commission decisions on Use Permit Applications. C. The City Council may affirm, reverse or modify a decision of the Planning Commission on a Zoning Permit. A Zoning Permit which has been the subject of an appeal to the Council shall become effective on the date specified by the City Council. Section 12. Article 2, Section 2-312 shall be repealed in its entirety. Section 13 - Article I, Section 1-20.3 of Zoning Ordinance #1072 N.C.S. is hereby amended to read as follows "Kennel" - Any premises, except veterinary hospitals, where four (4) or more dogs, four (4) months of age or older, are kept. Section 14 - Article 20 - Section 20-203 of Zoning Ordinance #1072 N . C . S . is hereby amended to read as follows: 6 Ord. No. 1634 N.C.S. "Off-Street Parking Space" means a permanently surfaced area for vehicle parking which has been delineated, in accordance with City standards, located either within a structure or in the open; excluding aisles, driveways and access drives. Section 15 - Article 20, Section 20-401 and Article 1, Section 1-203 of Zoning Ordinance #1072 N.C.S. "Parking space" definition hereby repealed. Section 16 - Article 20-601 of Zoning Ordinance #1072 N . C. S. is hereby amended to read as follows "Compact spaces may be proposed as set forth within the adopted City standards, subject to review and approval of SPARC." Section 17 - Add Sections 10-600-1, 11-600-1, 12-600-1, 13-600-1, 14-600-1 and 15-600-1 to read: "For a condominium project the above minimum requirements shall apply to the overall project site. The following findings shall be made at time of tentative or parcel map review: 1. That the condominium project is suitable and compatible with the existing zoning district and related permitted and/or conditional uses. 2. That the condominium project is compatible with surrounding properties and uses . 3. That the condominium project is consistent with the General Plan and any specific plans . 4. That the condominium project will not be detrimental to health, safety and general welfare of those persons living and/or working in the neighborhood . " Ord. No. 1634 N.C.S. 7 Section 18 -Article 13, Section 13.418 of Zoning Ordinance #1072 N.C.S. is hereby added to read as follows "13.418 Re-establishment of a single pre-existing residence" . Section 19 -Article 13, Section 13-100 of Zoning Ordinance #1072 N.C.S. is hereby amended to read as follows: Section 13-100 "Purpose - To provide suitable locations for wholesale, commercial, and industrial establishments usually locating in proximity to highway or arterial street traffic and designed to serve needs beyond those of the immediate neighborhood." Section 20. - Article 14, Sections 14-206 and 14-412 of Zoning Ordinance #1072 N.C.S. are hereby repealed and added, respectively, to read as follows Delete Section 14-206 and add Section "14-412 motels or motor hotels" under conditional uses . Section 21. 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 May 28, 1985 and June 11, 1985 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 22. 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. 85-320 N.C.S. Section Z3. The City Council hereby finds that: 1. The proposed amendments, deletions and additions are consistent with the General Plan/EDP goals and policies. 8 Ord. No_ 1634 N.C.S. 2. That the public convenience and general welfare require or clearly permit the adoption of the proposed amendments, deletions or additions. Section 24. 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 25. 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 posted/published this 30th day of September, 1985. ADOPTED THIS 15th day of October, 1985, by the following vote: AYES: Bond/Davis/Woolsey/Tencer/Vice Mayor Balshaw/Mayor Mattei NOES: None ABSENT: Ca g ATTEST • „i atricia Bernard City Clerk ~v~ Mayor Approved: ord. zoning .amend reso4 . "Mattei p'h r'orest City Attorney Ord. NO. 1634 N.C.S. 9