HomeMy WebLinkAboutOrdinance 1632 N.C.S. 09/16/1985° EFFECTIVE DATE
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ORDINANCE NO. 1632 N.C.S.
INTRODUCED BY: SECONDED BY:
Jack Cavanaugh
Michael Davis
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1072 N.C.S.
BY AMENDING ARTICLE 1, SECTION 1-203; ADDING ARTICLE 13,
SECTION 13.419; ARTICLE 11, SECTION 11.411
OF THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Article 1, Section 1-.203 of Zoning Ordinance No. 1072 N.C.S. is
hereby amended by the addition of the following definition:
"Fortune-telling and related activities.
Any person who practices, engages in or carries on, or advertises by
sign, circular, handbill or in any newspaper, or by any other means,
the business, profession, art or practice of fortune-telling, divination,
prophecy, finding or restoring lost or stolen property, or mind or
character reading, where such activities are conducted in exchange for
some form of consideration, by means or employment of astrology,
palmistry, phrenology, cartomancy, clairvoyance, crystal gazing,
mediumship with departed spirits, augury, necromancy, seership or
other crafty science, cards, charms, potions, magnetism, oriental
mysteries or magic of any kind or nature."
Section 2. Article 13, Section 13.400 of Zoning Ordinance No. 1072 N.C.S.
is hereby amended by adding anew Section 13.419 as follows
"13.419 Fortune-telling and related activities."
Section 3. Article 11, Section 11-400 of Zoning Ordinance No. 1072 N.C.S.
is hereby amended by adding anew Section 11.411 as follows:
"11.411 Fortune-telling and related activities., when site is located on
an 'arterial street' as defined by the City Engineer" .
Section 4. The City Council further finds that said Plannin.g'~ Commission
held a public hearing on said proposed amendments to Zoning-•Ordinance No.
1072 N . C. S. , on September 10, 1985 after giving notice of said hearing in
the manner, for the period and in the form required by-"said Ordinance No.
1072 N.C.S.
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Ord. 1632 idCS 0 1 of 3
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Section 5. 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. 85-311 N.C.S.
Section 6. The City Council hereby finds that:
1. The proposed amendment is in general conformity with the Petaluma
General Plan and Environmental Design 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;
3. Fortune-telling related activities are most compatible in the Highway
Commercial. Zone and certain Neighborhood Commercial districts due to
location; purpose of .zone; nature of existing mixed-use businesses;
proximity to highways, freeways, and major arterials; compatibility
with General Plan/EDP policies; and availability of residential
structures within commercially zoned areas; and,
4. Fortune-telling related activities rerluire a use permit due to the
uncertainty of how well such activities will merge within a given
neighborhood; the untried nature of the business within the City of
Petaluma; the observed tendency of such activities in communities near
Petaluma to become visually ostentatious and not in harmony with their
surroundings; and the compatibility of the use permit procedure with
the regulations of residential uses in the Highway and Neighborhood
Commercial zone districts.
Section 6. 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 7. The City Clerk is hereby directed to publish this ordinance for
the period and in the manner required by the City Charter.
Section 8. This ordinance is hereby declared to be necessary for the
immediate preservation of the public peace, health and safety and shall take
effect and be in. force upon its passage by a unanimous
of the City Council present at the time of its adoption .
urgency is to provide appropriate regulations fo
heretofore have been prohibited.
vote of the members
The reason for the
r land uses which
Ord. 1632 NCS :2 of 3
INTRODUCED AND ADOPTED THI5 16th day of September, 1985, by the
following vote:
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Ord. 1632 NCS 3 of 3
AYES: Cavanagh, Davis, Woolsey, Tencer, Vice Iviayor Balshaw