Petaluma City Zoning Code
1 Purpose
and Applicability of Zoning Ordinance
1.010 Purposes of the Zoning Ordinance.
The City of Petaluma Zoning Ordinance carries out the policies of the Petaluma General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. This Zoning Ordinance is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the City.
1.020 Authority for the Zoning Ordinance.
This Zoning Ordinance is enacted based on the authority vested in the City of Petaluma by the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (California Government Code Sections 65000 et seq.); and the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.).
1.030 Responsibility for Administration.
A. Responsible bodies and individuals. This Zoning Ordinance shall be administered by: the Petaluma City Council, hereafter referred to as the "Council;" the Planning Commission, referred to as the "Commission;" the Community Development Director, referred to as the "Director;" and the Petaluma Community Development Department, hereafter referred to as the "Department." This Zoning Ordinance may refer to these bodies and individuals individually and collectively as the "review authority." See also Chapter 24 (Administrative Procedures).
B. Exercise of discretion. If a provision of this Zoning Ordinance allows a review authority to exercise discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:
1. The proposed project complies with all applicable provisions of this Zoning Ordinance;
2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community; and
3. The decision is consistent with the General Plan.
1.040 Applicability of the Zoning Ordinance.
This Zoning Ordinance applies to all land uses, subdivisions, and development within the City of Petaluma, as follows.
A. New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Zoning Ordinance for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of Section 3.020 (General Requirements for Development and New Land Uses), and Chapter 22 (Nonconforming Uses and Structures). No Planning Permit, Building Permit or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Zoning Ordinance.
B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size and dimensions requirements of Chapter 4 (Zones Districts) and all other applicable requirements of this Zoning Ordinance.
C. Minimum requirements. The provisions of this Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance, as may be determined by the review authority to be necessary to promote appropriate land use and development, environmental resource protection, and the other purposes of this Zoning Ordinance.
D. Conflicting requirements:
1. Zoning Ordinance requirements. If different requirements within this Zoning Ordinance conflict, the provisions of Chapters 6, 15, 16, and 17 (Floodway/Flood Plain, Preservation of the Cultural and Historic Environment, Hillside Protection, and Tree Preservation) control over the provisions of Chapter 4.
2. Zoning Ordinance and Municipal Code provisions. If a conflict occurs between requirements of this Zoning Ordinance and requirements of the Petaluma Municipal Code, or other regulations of the City, the most restrictive shall apply.
3. Development agreements or specific plans. If a conflict occurs between the requirements of this Zoning Ordinance and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.
4. Private agreements. This Zoning Ordinance applies to all development and land uses regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction.
E. Other requirements may apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other permit required by the City, or any permit, approval or entitlement required by another special district or agency, or the regulations of any State or Federal agency.
1.050 Rules of Interpretation.
A. Authority. The Director has the authority to interpret any provision of this Zoning Ordinance. If the Director determines that the meaning or applicability of any Zoning Ordinance requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination.
B. Language. When used in this Zoning Ordinance, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to. . .".
C. Time limits. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice provided in compliance with this Zoning Ordinance, the number of days shall be construed as consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
D. Zoning Map boundaries. See Section 2.020 (Zoning Map and Zones).
E. Allowable uses of land. See Section 3.030 (Allowable Land Uses and Planning Permit Requirements).
F. State law requirements. Where this Zoning Ordinance references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to mean the applicable State law provisions as they may be amended from time to time.
G. Conflicting requirements. See Section 1.040 (D) (Conflicting requirements).