Petaluma City Zoning Code
25 Amendments
25.010 Amendment.
This Ordinance may be amended by changing the boundaries of any district or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment. No amendment to provisions of this ordinance that regulate matters listed in Government Code section 65850, as from time to time amended, shall be made unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan. The City Council, in its sole discretion, may direct that amendments to provisions of this Ordinance that regulate matters other than those listed in Government Code section 65850, as from time to time amended, be submitted to the Planning Commission for a finding of conformity with the General Plan.
25.020 Application for Amendment.
Amendment may be initiated by the City Council, the Planning Commission, the Zoning Administrator (Director) or by an application of one or more owners of property affected by the proposed amendment. An application made by one or more owners shall be accompanied by a fee as established by resolution of the City Council from time to time hereinafter enacted.
25.030 Accompanying Maps and Data.
An application for an amendment shall be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in conformance with the Petaluma General Plan, and that public necessity, convenience and general welfare require or permit the adoption of the proposed amendment. An accurate legal description and map of the land and any pertinent existing buildings shall be submitted with the application. The map shall include the following information:
A. All parcels of land, any parts of which are closer than five hundred (500) feet to any part of the property proposed to be rezoned.
B. Names and last known addresses of the recorded legal owners of all properties shown on the map.
C. Existing streets, streets proposed by an officially adopted plan of the City of Petaluma and all surface drainage channels.
D. Existing zoning of all land within five hundred (500) feet of the property proposed to be rezoned.
E. The maps submitted with an application for an amendment to increase the amount of land zoned C-Commercial shall include the following information:
1. A site plan, drawn to scale, showing the proposed layout of structures and other improvements including, where appropriate, streets, bikeways, driveways, pedestrian ways, parking and loading areas, landscaped areas, fences and walls. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow for automobiles, bicycles, and pedestrians into and out of parking and loading areas, the location of each automobile and bicycle parking space and each loading berth, and areas for turning and maneuvering vehicles.
2. Architectural drawings or sketches drawn to scale showing all elevations of proposed structures as they will appear upon completion. Materials and colors of all exterior finish shall be specified, and the size, location, material, colors, and illumination of all signs shall be indicated.
3. A landscape plan for the site showing the locations of existing trees proposed to be retained, and the locations and design of landscaped areas.
25.040 Investigation and Report.
The Zoning Administrator (Director) shall make an investigation of the proposed amendment and shall prepare a report thereon which shall be submitted to the City body or bodies with jurisdiction over the proposed amendment.
25.050 Public Hearings of the Planning Commission.
For proposed amendments subject to Planning Commission review in accordance with section 25.010, the Planning Commission shall hold a public hearing in accordance with this section.
A. Notice of public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Petaluma, at least ten (10) days prior to said public hearing, or by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of Sonoma County as owning property within five hundred (500) feet of the boundaries of the property that is the subject of the hearing.
B. Action by the Planning Commission at conclusion of hearing. If, at the conclusion of the hearing, the Planning Commission shall find the amendment to be in conformance with the Petaluma General Plan, and consistent with the public necessity, convenience, and general welfare, it may recommend amendment of this Ordinance. The recommendation shall be by resolution of the Planning Commission, carried by the affirmative votes of a majority of the total members present, including any member disqualified to vote for reason of conflict of interest. Denial of an application shall in all cases, except an amendment initiated by the City Council, terminate the proceedings unless such decision is appealed to the City Council as provided below.
C. Modification by Planning Commission. After a public hearing, the City Planning Commission may modify any proposed amendment by changing the wording of a proposed text amendment, reducing or enlarging the area, or changing the proposed district classification initially considered if it shall deem such modification necessary or desirable in the light of the required findings set forth in subsection (B) of this section. If such a modification is recommended, the reasons therefore, along with a statement as to the initial proposal, shall be transmitted to the City Council with the recommendation. (Ord. 2811 § 4, 2022.)
25.060 Submission of Recommended Amendment to City Council.
The recommendation of the Planning Commission shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearings, and all data submitted with the application.
25.065 Public Hearings of the City Council.
The City Council shall hold public hearings in accordance with this section to consider proposed amendments subject to Planning Commission review in accordance with section 25.010. The City Council may, in its sole discretion, hold public hearings in accordance with this section on proposed amendments for which Planning Commission review is not required in accordance with section 25.010.
A. Notice of public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City of Petaluma, at least ten (10) days prior to said public hearing, or by mailing postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the last adopted tax roll of Sonoma County as owning property within five hundred (500) feet of the boundaries of the property that is the subject of the hearing.
B. Action by the City Council at conclusion of hearing. If, at the conclusion of the hearing, the City Council finds the amendment to be in conformance with the findings specified in section 25.070, the City Council may adopt the amendment.
25.070 Findings by City Council.
In order to amend the ordinance, the City Council shall find the following:
A. That the proposed amendment is in general conformity with the Petaluma General Plan and any applicable plans; and
B. That the public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment.
25.080 Changes by City Council.
If the City Council proposes to alter a proposed zoning amendment recommended by the Planning Commission, or to alter or adopt an amendment which has been denied by the Planning Commission, or to alter a proposed zoning amendment for which Planning Commission review is not required in accordance with section 25.010, the City Council, in its sole discretion, may either: refer the proposed altered amendment back to the Planning Commission for report and recommendation before adoption, or adopt the proposed altered amendment. Failure of the Planning Commission to report to the City Council within thirty (30) days of the City Council’s referral shall be deemed approval by the Planning Commission of the proposed amendment.
25.090 Effect of Denial of Application.
In case an application for an amendment to the Zoning Ordinance is denied, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial, except that a new application affecting or including all or part of the same property which is determined to be substantially different from the application denied, or an application denied without prejudice, may be eligible for consideration within one (1) year of the denial of the original application.