Petaluma Municipal Code § 8.10 Glossary

The requirements of Section 8 govern the administration of this Smart Code.

A. Authority. The Director has the authority to interpret any provision of this Code. Whenever the Director

determines that the meaning or applicability of a provision is subject to interpretation, the Director may issue a

written interpretation. The Director may also refer an issue of interpretation to the Commission for their

determination.

B. Application of Code requirements.

1. Continuation of an existing land use. An existing land use within the Transect Zones is lawful and not in

violation of this Code only when operated and maintained in compliance with all applicable provisions of this

Code, except as may otherwise be provided by Article 25 of the Implementing Zoning Ordinance

(Nonconforming Uses). However, the requirements of this Code are not retroactive in their eKect on a land

use that was lawfully established before the eKective date of this Code or any applicable amendment.

2. E1ect of changes on projects in progress.

a. An application for a Zoning Permit, Site Plan and Architectural Review, Minor Use Permit,

Conditional Use Permit, or Variance that has been accepted by the Department as complete prior to the

eKective date of this Code or any amendment shall be processed in compliance with the requirements in

eKect when the application was accepted as complete.

b. A project that is under construction on the eKective date of this Code or any amendment, need not

be changed to satisfy any new or diKerent requirements of this Code, provided that the approved use of

the site shall be established, including the completion of all structures and other features of the project

as shown on the approved permit, before the expiration of the permit, or applicable time extension.

3. Minimum requirements. The provisions of this Code shall be minimum requirements for the promotion of

the public health, safety, and general welfare. When this Code provides for discretion on the part of a City

oJcial or body, that discretion may be exercised to impose more stringent requirements than set forth in this

Code, as may be determined by the review authority to be necessary to promote orderly land use and

development, environmental resource protection, and the other purposes of this Code.

C. Language. When used in this Code, 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…“

D. Time limits. Whenever a number of days is speciHed in this Code, or in any permit, condition of approval, or

notice provided in compliance with this Code, the number of days shall be construed as calendar days. A time limit

shall extend to 5 p.m. on the following working day where the last of the speciHed number of days falls on a

weekend or holiday.

E. Calculations - Rounding. Where provisions of this Code require calculations to determine applicable

requirements, any fractional results of the calculations shall be rounded as provided by this Subsection.

1. Residential density, minimum lot area, number of lots, and parking requirements. The fractional/decimal

results of calculations of the number of dwelling units allowed on a parcel based on maximum density

requirements, and the number of parcels allowed through subdivision based on a minimum lot area

requirement, shall be rounded down to the next lowest whole number.

2. All other calculations. For all calculations required by this Zoning Code other than those described in

Subsection E.1 above, the fractional/decimal results of calculations shall be rounded to the next highest

whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the

fraction is less than 0.5.

F. Zone boundaries. If there is uncertainty about the location of any zone boundary shown on the Zoning Map,

the precise location of the boundary shall be determined in compliance with Implementing Zoning Ordinance

Section 3-200 (District Boundaries).

G. Allowable uses of land. A land use that is not listed in the table or is not shown in a particular zone is not

allowed, except as follows.

1. Required /ndings. The Director may determine that a proposed use is similar and compatible to a listed

use and may be allowed, only after Hrst making all of the following Hndings:

a. The characteristics of, and activities associated with the proposed use are similar to one or more of

the listed uses, and will not involve a greater intensity than the uses listed in the district;

b. The proposed use will be consistent with the purposes of the applicable zone;

c. The proposed use will be consistent with the General Plan and this Code;

d. The use will be compatible with the other uses allowed in the district; and

e. The proposed use is not listed as allowable in another zone.

A determination that a use qualiHes as a “similar use” and the Hndings supporting the determination shall be

in writing.

2. Applicable standards and permit requirements. When the Director Hnds that a proposed, but unlisted, use

is similar to a listed use, the proposed use will be treated in the same manner as the listed use in terms of

where it is allowed, what permits are required, and what other standards and requirements of this Code

apply.

3. Referral for determination. The Director may refer the question of whether a proposed use qualiHes as a

   similar and compatible use directly to the Commission for a determination at a public meeting.

   4. Appeal. A determination of similar and compatible use may be appealed in compliance.

H. Warrants and Variances.

1. There shall be two types of deviation from the requirements of this Code: Warrants and Variances.

Whether a deviation requires a Warrant or Variance shall be determined by the Director.

a. A Warrant is a ruling that would permit a practice that is not consistent with a speciHc provision of

this Code but is justiHed by the provisions of the Intent at the beginning of this code. The Director shall

have the authority to approve or disapprove administratively a request for a Warrant pursuant to

process established by the Director.

b. A Variance is any ruling on a deviation other than a Warrant. Variances shall be granted in

accordance with Section 24.050 (Variances) of the Zoning code.

2. The request for a Warrant or Variance shall not subject the entire application to public hearing, but only

that portion necessary to rule on the speciHc issue requiring the relief.

A. Purpose. This Section establishes procedures for the granting of ministerial Limited- Term Permits for short-

term activities.

B. Applicability. A Limited-Term Permit allows the short-term activities listed in Subsection E (Allowed Temporary

Uses), that may not comply with the normal development or use standards of the applicable zone, but may

otherwise be acceptable because of their temporary nature.

C. Review authority. A Limited-Term Permit may be approved or disapproved by the Director in compliance with

this Section.

D. Exempt temporary activities. The following temporary activities are allowed without the necessity of obtaining a

Limited-Term Permit. Temporary activities that do not fall within the following categories shall comply with

Subsection E.

1. Construction yards - On-site. On-site contractors’ construction yards, for an approved construction project.

The construction yard shall be removed immediately upon completion of the construction project, or the

expiration of the Building Permit authorizing the construction project, whichever occurs Hrst.

2. Emergency facilities. Emergency public health and safety needs/activities.

3. Public property, or public right-of-way. Activities conducted on public property that are approved by the

Council or as otherwise required by the Municipal Code.

4. Fund-raising car washes. Fund-raising car washes on property within a commercial,industrial zone, or on

institutional property.

5. Events on sites approved for public assembly. An event on the site or within a religious facility, school, golf

course, theater, or other similar facility designed, and approved by the City for public assembly.

6. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a

business, provided that:

a. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent

structure;

b. The use is appropriate because:

1) The trailer or mobile home will be in place during construction or remodeling of a permanent

commercial or manufacturing structure for a maximum of one year, or upon expiration of the

Building Permit for the permanent structure, whichever Hrst occurs; or

2) The applicant has demonstrated that the temporary work site is a short-term necessity for a

maximum of one year, while a permanent work site is being obtained; and

c. The trailer is removed prior to Hnal building inspection or the issuance of a certiHcate of occupancy

for the permanent structure.

E. Allowed temporary uses. A Limited Term Permit may authorize the following temporary activities within the

speciHed time limits, but in no event for more than 12 months. Other temporary or short-term activities that do

not fall within the categories deHned below shall instead comply with the planning permit requirements and

development standards that otherwise apply to the property.

1. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, Iea

markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales,

and swap meets for up to seven consecutive days, or six three-day weekends, within a 12-month period,

allowed only on non- residential properties.

2. Location /lming. The temporary use of a speciHc site for the location Hlming of commercials, movies,

videos, etc., for the time speciHed by the Director, but not to exceed 12 months.

3. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including

temporary residence/security trailers, on non-residential properties, for up to 35 days.

4. Temporary real estate sales o0ces. A temporary real estate sales oJce may be established within the area

of an approved development project, solely for the Hrst sale or least of units on the site. An application for a

temporary real estate oJce may be approved for a maximum of one year from the date of approval.

5. Temporary structures. A temporary classroom, oJce, or similar structure, including a manufactured or

mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or

as the Hrst phase of a development project.

6. Retail incubator structures. A temporary retail structure that accommodates an allowed retail use (per

Section 3) may be approved for a maximum period of one year from the date of approval.

7. Similar temporary activities. A temporary activity that the Director determines is similar to the other

activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land

uses.

F. Development standards. The Director shall establish the following standards based on the type of temporary

use, using the requirements of Section 4.10 (Urban Standards Table) for guidance:

1. Access, Ioor areas, heights, landscaping, oK-street parking, setbacks, signs, utilities, and other structure

and property development improvements and features;

2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would

limit the range of possible future land uses otherwise allowed by this Code; and

3. Limitation on the duration.

a. Limitation on the duration of approved “Retail Incubator Structures” to a period of one year with up

to two renewals for maximum total period of three years, so that they shall not become permanent or

long-term structures.

b. Limitation on the duration of all other approved “temporary structures,” to a maximum of one year,

so that they shall not become permanent or long-term structures.

G. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the

proposal complies with all applicable requirements of this Code.

1. Public notice. Prior to a decision on a Limited Term Permit, the City shall provide notice of a public

hearing. The notice shall state that the Director will decide whether to approve or disapprove the Limited

Term Permit application on a date speciHed in the notice, and that a public hearing will be held only if

requested in writing by any interested person prior to the speciHed date for the decision.

2. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with State

law, and the Director shall conduct the public hearing prior to a decision on the application in compliance

with State law.

H. Findings and decision. A Limited-Term Permit may be approved by the Director only after the Director Hrst

Hnds that the requested activity complies with applicable standards, and therefore the establishment,

maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or

welfare of persons residing or working in the neighborhood of the proposed activity.

I. Performance security for temporary structures. Prior to issuance of a Limited-Term Permit the applicant shall

provide performance security in a form and amount acceptable to the Director to guarantee removal of all

temporary structures within 30 days following the expiration of the Limited-Term Permit.

J. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of

debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall

thereafter be used in compliance with the provisions of this Code. A bond may be required before initiation of the

activity to ensure cleanup after the activity is Hnished.

A. Purpose. This Section establishes procedures for the appeal and review of determinations and decisions of

the Director or Commission.

B. Appeal subjects and jurisdiction. A determination or decision by the Director or Department staK may be

appealed to the Commission. A decision by the Commission may be appealed to the Council.

C. Filing and processing of appeals.

1. Eligibility. An appeal in compliance with this Section may be Hled by any aggrieved person, except that in

the case of a decision on a Conditional Use Permit, and/or other Commission decision that followed a public

hearing, an appeal may only be Hled by a person who, in person or through a representative, appeared at the

public hearing in connection with the decision being appealed, or who otherwise informed the City in writing

of the nature of their concerns before the hearing.

2. Timing and form of appeal. An appeal shall be submitted in writing and Hled with the Department or City

Clerk, as applicable, on a City application form, within 10 days of the date of the decision. The appeal shall

state the pertinent facts and the basis for the appeal. Appeals addressed to the Commission shall be Hled

with the Department; appeals addressed to the Council shall be Hled with the City Clerk. Appeals shall be

accompanied by the required Hling fee.

3. Report and scheduling of hearing. When an appeal has been Hled, the Director shall prepare a report on

the matter, and schedule the matter for a public hearing by the appropriate review authority identiHed in

Subsection B. Public notice of the hearing shall be provided at least 10 days before the hearing by mailing to the appellant, and all owners of property within 300 feet of the boundaries of the site that is the subject of

the appeal.

4. Decision. At a hearing on an appeal, the review authority may consider any issue involving the matter that

is the subject of the appeal, in addition to the speciHc grounds for the appeal. The review authority may:

a. AJrm, aJrm in part, or reverse the action, determination or decision that is the subject of the

appeal;

b. Adopt additional conditions of approval, that may address issues or concerns other than the subject

of the appeal;

c. Disapprove the land use permit approved by the previous review authority, even though the

appellant only requested a modiHcation or elimination of one or more conditions of approval; and

d. In the case of an appeal of a Commission decision to the Council, the Council may choose to not

conduct a hearing on the appeal, based on their review of the report and Commission decision. This

action by the Council shall constitute aJrmation of the decision being appealed.

If new or diKerent evidence is presented on appeal, the Commission or Council may refer the matter to the

Director or Commission for further consideration.

5. Withdrawal of an appeal of a Commission decision. After Hling, an appeal of a Commission decision shall

not be withdrawn except with the consent of the Council.

The provisions of this Code shall be enforced in compliance with the requirements of the Petaluma Municipal

Code.

A. Purpose. A Minor Use Permit provides a process for reviewing uses that may be appropriate in the applicable

zone, but whose eKects on a site and surroundings cannot be determined before being proposed for a speciHc

site.

B. Applicability. A Minor Use Permit is required to authorize proposed land uses speciHed in Table 3.1 Allowed

Building Functions and Permit Requirements.

C. Review Authority.

1. Minor Use Permits shall be approved or denied by the Director.

2. The Director may choose to refer any Minor Use Permit application to the Planning Commission for

review and Hnal decision.

D. Application Requirements. An application for a Minor Use Permit shall be made by the property owner or

certiHed agent thereof to the Director on a from prescribed for this purpose by the City of Petaluma. The

application shall be accompanied by such additional documents or supporting materials as may be required for

review of the proposed use as requested by the Director. The fee for a Minor Use Permit shall be established by

resolution of the City Council from time to time hereinafter enacted.

E. Public Hearing Noticing and Procedures.

1. Before a decision on a Minor Use Permit, the City shall provide notice as follows:

a. Notice. The notice shall state that the Director will decide whether to approve or deny the Minor Use

Permit application on a date speciHed in the notice, and that a public hearing will be held only if

requested in writing by any interested person before the speciHed date for the decision.

b. If hearing is requested. If a public hearing is requested the Director shall notice and conduct the

hearing in compliance with Section 24.030.F (Notice of Public Hearing) of the Zoning Code.

c. If no hearing is requested. If no public hearing is requested, the Director shall render a decision on

the date speciHed in the notice referred to in Subsection E.1.a.

F. Findings. The Director may approve a Minor Use Permit only after Hrst making all of the following Hndings:

1. The proposed use is consistent with the General Plan and any applicable SpeciHc Plan;

2. The proposed use is allowed within the subject zone and complies with all other applicable provisions of

this Development Code and the Municipal Code;

3. The design, location, size, and operating characteristics of the proposed activity will be compatible with

the existing and future land uses in the vicinity; and

4. The site’s suitability ensures that the type, density, and intensity of use being proposed will not

endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or

welfare, or be materially detrimental to the improvements, persons, property, or uses in the vicinity and zone

in which the property is located; and

G. Conditions of Approval. In approving a Minor Use Permit, the Director may impose conditions deemed

reasonable and necessary to ensure that the approval will comply with the Hndings required by Subsection F

(Findings).

The Petaluma SmartCode is current through Ordinance 2864, passed October 2, 2023.

Disclaimer: The city clerk’s oJce has the oJcial version of the Petaluma SmartCode. Users should contact the city

clerk’s oJce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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