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HomeMy WebLinkAboutStaff Report 6.A 09/21/2015Agenda Item #6.A DATE: September 21, 2015 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Scott M. Duiven, Senior Planner SUBJECT: Introduction (First Reading) of Ordinances Amending the Text of the Following Sections of the Implementing Zoning Ordinance and Petaluma SmartCode: • Amendments to Chapter 7, Section 7.050 — Home Occupation Permit to Address Consistency with California Assembly Bill 1616 Regarding the Cottage Food Act. • Amendments to Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary of the IZO and Section 3.10.030 — Permit Requirements for Allowable Uses and Section 9 — Glossary of the SmartCode to Address Consistency with Federal Law, the Religious Land Use and Institutionalized Persons Act (RLUIPA). • Amendments to Chapter 10, Section 10.020 — Definitions to Address Consistency with Assembly Bill 1147 regarding the Massage Therapy Act. • Amendments to Chapter 11, Section 11.030 — Off -Street Parking — General Requirements to Clarify Exception where an Existing Single Family Dwelling is Proposed to be Enlarged in Excess of Ten Percent. RECOMMENDATION It is recommended that the City Council introduce (First Reading) the attached Ordinances Amending the Text of the Following Sections of the Implementing Zoning Ordinance and Petaluma Smart Code: 1. Ordinance of the City Council of the City of Petaluma Amending the text of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. Chapter 7, Section 7.050 — Home Occupation Permit to implement California Assembly Bill 1616 regarding the Cottage Food Act. 2. Ordinance of the City Council of the City of Petaluma Amending the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary and Amending the SmartCode, Ordinance No. 2470 N.C.S. Section 3.10.030 — Permit Requirements for Allowable Uses and Section 9 — Glossary to address consistency with the Religious Land Use and Institutionalized Persons Act (RLUIPA). 3. Ordinance of the City Council of the City of Petaluma Amending the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. Chapter 10, Section 10.020 — Definitions to address consistency with Assembly Bill 1147 the Massage Therapy Act. 1 4. Ordinance of the City Council of the City of Petaluma Amending the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. Chapter 11, Section 11.030 — Off -Street Parking — General Requirements to clarify exceptions where an existing single family dwelling is proposed to be enlarged in excess of ten percent. BACKGROUND There are a few components of the Implementing Zoning Ordinance and Petaluma SmartCode that need to be updated in order to ensure that Petaluma's zoning regulations are consistent with changes in State and Federal law. The proposed zoning amendments included in this report are in response to the following acts of legislation: Cottage Food Act (2012) Religious Land Use and Institutionalized Persons Act (2000) Massage Therapy Act (2014) In addition, Staff is recommending a minor text correction related to off-street parking regulations in instances where an existing single-family dwelling is being expanded. Planning Commission Hearing —August 11, 2015 The Planning Commission held a public hearing to receive public testimony and provide comments on the proposed text amendments to the Implementing Zoning Ordinance. There were no public comments received at the hearing. The Planning Commission reviewed and discussed the proposed text amendments and voted unanimously to approve the resolutions recommending adoption of the text amendments to the Implementing Zoning Ordinance and SmartCode (Attachments 5, 6, 7, 8). DISCUSSION Cottage Food Act The Cottage Food Act, California Assembly Bill 1616, was signed into law on September 21, 2012 and became effective on January 1, 2013. The Cottage Food Act allows for the preparation and/or packaging of certain foods in private kitchens for the purpose of selling either directly or indirectly to the public (restaurants, markets, stores). The bill limits production to non - potentially hazardous foods that do not support the rapid growth of bacteria and outlines an approved food product list that includes baked goods (without custard, cream, or meat filling), candy, dried fruit, dried pasta, fruit pies, granola, trail mixes, herb blends, honey, and jams. Section 7.050 of the Implementing Zoning Ordinance (Home Occupation Permit) outlines requirements and conditions for operation of a home occupation within the City. Subsection F includes "examples of uses which will not be considered as home occupations" and specifically identifies "any food handling, processing, or packing". In order to bring local regulations into compliance with the Cottage Food Act, a text amendment to Section 7.050.F(9) the prohibition on food handling has been prepared that adds an exception for those types of food handling, 2 processing, or packing permitted by the Cottage Food Act to adhere to all applicable requirements of the state bill and a requirement to obtain the separate clearance from the County Health Department as mandated by the Cottage Food Act. The overarching home occupation requirements to limit pedestrian, automobile, and truck traffic, prohibit outside storage, and minimize light, smoke, and odor would be maintained to protect residential neighborhoods from potential impacts of more commercial operations. F. Examples of uses which will not be considered as home occupations. The uses specified below shall not be permitted as home occupations because by their nature they have one or more of the following characteristics: equipment or machinery of a type or quantity not typically found in the home; need for outside storage; parking needs greater than what can be provided on-site; need for special permits (e,g., health, ABC, Federal Firearm, etc.); need for extensive alteration to the residence or lot. The uses specified below shall not be permitted as home occupations: 9. Any food handling, processing, or packing, except for cottage food operations as defined in California Government Code section 113758 that must be permitted pursuant to the Cottage Food Act, California Government Code section 51035. Regulations regarding Home Occupation Permits are limited to the Implementing Zoning Ordinance; as such there are no changes necessary to the SmartCode in order to address the Cottage Food Act. The proposed text amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. RL UIPA The Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et seq., (RLUIPA) is a federal statute that was passed by Congress and signed by then President Clinton in 2000. The statute protects churches and other religious assembly uses from discrimination through land use regulations. Simply described, RLUIPA requires that a jurisdiction not have more restrictive zoning regulations for religious institutions than exist for similar assembly uses such as meeting halls, clubs, schools, and similar uses. The General Rule of RLUIPA, as included in the act, states that "No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution: a) Is furtherance of a compelling governmental interest; and b) Is the least restrictive means of furthering that compelling government interest." The Land Use tables in the Implementing Zoning Ordinance (Tables 4.1 — 4.5) identify "religious facility" separate from "club, lodge, private meeting hall". The IZO further defines these use types in Chapter 28: Glossary as follows: Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating a membership basis for the promotion of the interests of the members, including facilities for: business associations political organizations civic, social, and fraternal organizations professional membership organizations labor unions and similar organizations other membership organizations Religious Facility. A permanent facility operated by a religious organization exclusively for worship, or the promotion of religious activities, including accessory uses on the same site. Examples of these types of facilities include churches, mosques, synagogues, and temples. Examples of allowable accessory uses on the same site include living quarters for ministers and staff, facilities for child care and religious instruction operated at the same time as religious services (where authorized by the same type of land use permit required for the religious facility itself). May also include fund-raising sales, bazaars, dinners, parties, or care centers, full-time educational institutions, hospitals, and other potentially related operations (for example, a recreational camp) are defined in this Article according to their respective activities. Does not include the temporary use of an approved public assembly facility (for example, a private meeting hall, community center, theater, or auditorium) by a congregation for religious meetings, which is instead defined under the type of meeting facility hosting the congregation. In the Land Use tables, Tables 4.1 thru 4.5, the permit requirement for a religious facility is often more restrictive than these other assembly use types. For instance, in the commercial, industrial, and business park zoning districts a club, lodge, private meeting hall is a permitted use while a religious facility is allowed with a CUP. To ensure consistency with the requirements of RLUIPA it is recommended that the Council adopt an approach similar to how the SmartCode differentiates these types of uses by creating a single definition for "Community Meeting Facility" to encompass club, lodge, private meeting hall, and religious facility. This land use classification would then replace the two separate classifications in the land use tables and the permit requirements would change as shown in the tables below, ensuring consistency with permit requirements for schools as well. The following changes to Chapter 28 Glossary in the Implementing Zoning Ordinance are recommended, which delete the definitions for "Club, Lodge, Private Meeting Hall" and "Religious Facility" and add a new definition for "Community Meeting Facility": Chapter 28 Glossary Club, Lodge, PrivateMeethig-44a,44_ Perr­2%nt, headquarters type and meeting faGilitieS for n:�.....:..<.,...:,..:... ... #t.�ii7 r a •. ... a . <. f ia. a Gtiv;';es, ['rose Rcpt innlude the to t Fauditeriuml, by a nregati_ IeF rell,g4iGUS me -, Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following: E Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations political organizations civic, social and fraternal organizations professional membership organizations labor unions and similar organizations other membership organizations 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund- raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the Implementing Zoning Ordinance and identified in Tables 4.1 through 4.5, which may be maintained by religious organizations, such as full-time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Tables 4.1 through 4.5 of the Implementing Zoning Ordinance. The following changes to the Recreation, Education & Public Assembly section of Tables 4.1 through 4.5 are also recommended, as shown in the tables below. The proposed changes incorporate both the above changes in use categories as well as changes to the level of permit required for each use type to ensure consistency with the intent of RLUIPA. In some instances this will result in some uses requiring a more restrictive regulatory approach. For example, in the mixed use, commercial and industrial zones `Clubs, Lodges, Private Meeting Halls' which were formerly permitted by right, would now require a CUP. This approach is recommended to provide some level of discretionary review of future `Community Meeting Facilities' in order to recognize the importance of these areas for business and employment type uses. This may impact existing `Club Lodge, Private Meeting Hall' uses in these areas as they would require a CUP in the future in the event they expanded or possibly relocated elsewhere in one of these zones. Natural and Rural Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY — — — — ii ate MeetiR� Communit M� eeting Facility — CUP CUP CUP Commercial recreation - Indoor — — — — Commercial recreation - Outdoor — — — — Golf course, country club CUP — — — Park P P P P School - Elementary, secondary, or college, private — CUP CUP CUP E Residential Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Club, Lqdge, Private Meeting Hall Community Meeting Facility CUP CUP CUP CUP Golf course, country club — — — — Park P P P P Mixetl, Use Zones ; ,- "A. Accessery tlse School - Elementary, secondary, or college, private CUP CUP CUP CUP Mixed Use Zones TABLE�.,. P(16) 'Permit ted Use ` - CUP 'conditional t1se Permit Required Allowetl Land Uses and Permit Requirements fog - Permit Requirement in specificUse 'k-1- t. ations, " Mixetl, Use Zones ; ,- "A. Accessery tlse u se.NofAllowed`.. . ..:.. Permit�Requirea.;byZone Specific Use - eLANDUSE,TYPE LAND SEJYPE(1) �::� MUGA MlJ1B MU1C MU2, „ `Regulations RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP — CUP Chapter 9 Club, Ledge, Priv-alle, NA -0— 1-1,11 P- P- P- P Community Meeting Facility CUP CUP CUP CUP Commercial recreation - Indoor CUP CUP — P(6) Fitness/health facility P P — P Library, museum, art gallery P P — P Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP PA PA pk�4 School - Specialized Education and Training CUP CUP — CUP Studio - Art, dance, martial arts, music, etc. P P — P Theater District Theater, cinema or preforming arts CUP CUP — CUP Ord, 2158 G I Commercial, Business Park, and Industrial Zones I RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroorn CUP CUP CUP Chapter 9 Club, Ledg�a, Community Meeting Facility P P R CUP P CUP Commercial recreation - Indoor — CUP CUP Commercial recreation -Outdoor — CUP — Conference/convention facility — — CUP Fitness/health facility P P P CUP Park P P P P eligleus facility GUP GUP CUP GUR School — Elementary, secondary, or college, private — — CUP — School — Specialized Education and Training P(6) P(6) R CUP — Sports and entertainment assembly Studio — Art, dance, martial arts, music, etc. P P P Civic Facility Zone RECREATION, EDUCATION & PUBLIC ASSEMBLY Park P Religi—is fadlit,, Community Meeting — —1-11 _fg�2L CUP School — Elementary, secondary, or college, private CUP Theater, cinema or preforming arts CUP Theater District Ord. 2158 The SmaitCode also needs to be revised in order to ensure consistency with RLUIPA. Section 3.10.030 — Permit Requirements for Allowable Uses, Table 3-1 needs to be updated in order to provide that schools require the same level of discretion as community meeting facilities as follows: 7 Community meeting facility 510,000 sf CUP P MUP2 MUP - CUP >10,000 sf CUP CUP CUP CUP - - - CUP School - Specialized education/training P2 P2 P2 P2 - - - GUP 510,000 sf CUP P MUP2 MUP _ = CUP >10,000 sf CUP CUP CUP CUP - CUP In addition, Section 9: Glossary needs an updated definition for Community Meeting Facility to provide consistency with the definition proposed for the IZO as follows: Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following: 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations political organizations civic, social and fraternal organizations professional membership organizations labor unions and similar organizations other membership organizations 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, ` ung -such as living quarters for the staff, fund- raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other nst�b„9i h uses defined in the SmartCode and identified in Table 3.1, which may be maintained by religious organizations, . Ag such as full-time educational institutions, hospitals, or recreational camps and ether --poten ` l Kelated operations shall be permitted as set forth in Table 3.1 of the SmartCode. In considering an application for a conditional use permit for a religious facility, under RLUIPA, the City may not impose a condition that imposes a substantial burden on the religious exercise, unless the condition is in furtherance of a compelling government interest and is the least restrictive means. (See 42 U.S.C. § 2000cc.) It is an applicant's burden to come forward with evidence to suggest that a condition is a substantial burden on religious exercise. This means that a complete denial of a conditional use permit application, or onerous conditions could constitute a substantial burden, depending upon the circumstances of a denial. (See e.g., International Church of Foursquare Gospel v. City of San Leandro (9th Cir. 2011) 673 F.3d 1059.) The proposed text amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. N. Massage Therapy Act - AB 1147 AB 1147, effective January 1, 2015, amended the Massage Therapy Act with the following intentions: a) To enable consumers and local governments to more easily identify certified massage professionals, provide for consistent statewide certification and oversight of massage professionals, ensure that schools approved by the council that are teaching massage provide a high level of training, assist local governments and law enforcement in meeting their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders, provide for a self-funded nonprofit oversight body to certify massage professionals, and ensure full compliance with, and execution of, the requirements of this act. b) That broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in the best interests of the individual community, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern, regulation, and oversight. c) That local governments impose and enforce only reasonable and necessary fees and regulations, in keeping with the requirements of existing law and being mindful of the need to protect legitimate business owners and massage professionals, particularly sole providers, during the transition period after this act becomes law and thereafter for the sake of developing a healthy and vibrant local economy. d) That local governments, law enforcement, nonprofit stakeholders, the massage industry, and massage professionals work together going forward to improve communication and share information to further increase the value of statewide certification, to collaborate in the implementation of this act, and to develop a model ordinance reflecting best practices in massage regulation for cities and counties to adopt that will respect local control, patient privacy, and the dignity of the profession of massage therapy. In September 2014 the City Council added Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of Petaluma Municipal Code. This chapter requires massage therapists to be either licensed under the state or, alternatively, locally in an effort to provide for the regulation of persons and establishments engaged in massage therapy while at the same time recognizing the practice of massage therapy as a valid professional field. This chapter has now been determined to be consistent with the Massage Therapy Act. However, in reviewing the IZO, staff has determined that Chapter 10 of the IZO should be amended to eliminate Massage Establishment from the definition of Adult Entertainment. The IZO defines personal services to include licensed massage. The IZO allows personal services with an administrative permit for MUTA, MU1B, MU2, and Cl and C2. Given that the IZO already provides for how licensed massage therapists are regulated, to be compliant with the AB 1147, the only necessary change is to repeal IZO Section 10.020.C.12 defining Massage Establishments as an adult-oriented business and renumber Sections 10.020.C.13 through 10.020.C.18. With this change the IZO will be consistent with the intent of the Massage Therapy Act. G1 alGehol, liniment, antisept;Gs, 9 ",wder, Greams, lotions, ointments or ether similar preparations praGtiGe. ExGept;Gns� As used;FHR I s soGflon, the term massage establishment dGes hot apply to any of the following: t1(dioal establis_h_rn�dirig �'g Fg8GR, .. ­ - _144rni- BL4Ress and Professions Code when engaging4ri-s-uGh praGtiGe within the BGGPe of his Gr her VeT or by an establishment te; F�professionals tenn the promises of the medica4 esttab b. Hospital, medii I Gal Gli�i, ­­i­ k­ ether major Redi—I — mental f—ilify duly `%_Rsed under the G. Barbershop GF beauty salon wheFe massage is lim4ed to the 1 i or neGk and is admiriistaFed by barbers Gr GGsmetolegists4cerised under the laws of the State of California d_.4"Gheel as defined in SeGtiGR 10.020(D) Grinsfitutiep-ef higher education lRoluding a GG—Munity or Junior college or university whose GG—se of study is appFeved by the State DepaFtmeRt of Education Q;PVb4G instruGflen whefe_m�sage is or taught by autheriz-ed sGheel employees with athletiG training programs, training in the heaHrig art or other sGheel eeurse& e. Any 4gymnasium, reduGing where assage is offered as an indidental Air An -------- ---- weight redu,�tion er beauty GaFe. Any suGh establishment shall utilize Re mere than d r alse d for the __.1it.ie8/serv;GGs to patrons for the p'91"SiOR of massage w4viess, Staff has reviewed the SmartCode and determined that there are no changes necessary to its regulations as they are already consistent with the Massage Therapy Act. The proposed text amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. Off -Street Parking — General Regulations Input has been received from local architects working on older single -family home projects where the existing homes are unable to meet the current standard of 1 covered parking space plus 2 additional covered or uncovered spaces. Section 11.030.A of the Implementing Zoning Ordinance provides that "Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten percent (10%), in any district except an agricultural (AG) or single dwelling district (RR, Rl, R2), off-street parking shall be provided as required herein for the entire floor area of the structure." The previous zoning ordinance exempted all such existing single -family dwellings from this requirement recognizing that many of Petaluma's older neighborhoods don't meet the current standard. This appears to be an error, in that the districts noted in parentheses do not reflect the full range of single -family dwelling districts and leaves no room for interpretation. In addition, the referenced residential districts are those that are most likely capable of meeting the current parking standard due to their larger size. Unlike the expansion of non-residential buildings, the expansion of a single - family dwelling would not typically equate to additional demand for parking. It is recommended that the examples of district types be removed from Section 10.030.A as follows. Doing so, would exempt existing single -family dwelling units that currently don't meet the off-street parking space requirements of Chapter 11 and which are proposed to be enlarged or increased in size in excess of ten percent from the off-street parking space requirements. A. Off -Street Parking. There shall be provided on the same site with any use off-street parking, spaces for automobiles and bicycles in accordance with the requirements of this Chapter, or as provided in Section 10 11.040 (Alternatives to On -Site Parking). In all cases where bicycle parking is required, bicycle parking shall not be more inconveniently located than car parking and attempts should be made to have bicycle parking more convenient. All deviations from the City of Petaluma Municipal Code or the City of Petaluma Zoning Ordinance regarding bicycle parking shall be routed through the PBAC. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten percent (10%), in any 4str zone except an -agricultural or a single famll dwelling unit in any zone except as provided in Table 11.1 for addition of new bedrooms d str ^t (RR, R4,R2), off-street parking shall be provided as required herein for the entire floor area of the structure. The proposed text amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. FINANCIAL IMPACTS There are no financial impacts other than the staff time and public notice costs associated with preparing this staff report. ATTACHMENTS 1. Ordinance — Cottage Food Act 2. Ordinance — RLUIPA 3. Ordinance — Massage Therapy Act 4. Ordinance — Off -Street Parking 5. Planning Commission Resolution 6. Planning Commission Resolution 7. Planning Commission Resolution 8. Planning Commission Resolution 11 Attachment 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 7, SECTION 7.050 — HOME OCCUPATION PERMIT TO IMPLEMENT CALIFORNIA ASSEMBLY BILL 1616 REGARDING THE COTTAGE FOOD ACT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and WHEREAS, in order to bring local regulations into compliance with the Cottage Food Act, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 7 Section 7.050 — Home Occupation Permit to amend the prohibition on food handling by adding an exception for those types of food handling, processing, or packing activities permitted by the Cottage Food Act and to adhere to all applicable requirements of the state bill and a requirement to obtain a separate clearance from the County Health Department as mandated by the Cottage Food Act; and WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015-09, recommending that the City Council adopt the amendments; and WHEREAS, the amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 12 Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds: 1. The provisions amending the IZO, Chapter 7, Section 7.050, Home Occupation Permit, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the Economic Health & Sustainability Element that seek to retain and attract "basic" economic activities that bring dollars into the local economy by exporting products and services to the outside and help to provide an array of employment opportunities to existing and future residents by assuring diversity in Petaluma's industry and enterprise mix. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Cottage Food Act. 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. Section 2. Section 7.050.F of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: F. Examples of uses which will not be considered as home occupations. The uses specified below shall not be permitted as home occupations because by their nature they have one or more of the following characteristics: equipment or machinery of a type or quantity not typically found in the home; need for outside storage; parking needs greater than what can be provided on-site; need for special permits (e.g., health, ABC, Federal Firearm, etc.); need for extensive alteration to the residence or lot. The uses specified below shall not be permitted as home occupations: 1. Auto or vehicle repair, or tune-up. 2. Barber shop/beauty salon. 3. Card -reading astrological services. 4. Class instruction on premise with more than two students at any time. 5. On-site painting services (auto, boat, appliances, etc.). 6. Care, treatment, or boarding of animals for a fee. 7. Gun repair, sale of guns or ammunition (sale of five or fewer guns a year is exempt from this section). 8. Activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons, and highly flammable materials. 9. Any food handling, processing, or packing, except for cottage food operations as defined in California Government Code section 113758 that must be permitted pursuant to the Cottage Food Act, California Government Code section 51035. 13 Section 3. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 14 Attachment 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 4, SECTION 4.030 — ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28 — GLOSSARY AND AMENDING THE SMARTCODE, ORDINANCE NO. 2470 N.C.S. SECTION 3.10.030 — PERMIT REQUIREMENTS FOR ALLOWABLE USES AND SECTION 9 — GLOSSARY TO ADDRESS CONSISTENCY WITH THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et seq. (RLUIPA) was signed into law and became effective on September 22, 2000; and, WHEREAS, RLUIPA states that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on the assembly, or institution is a furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; and, WHEREAS, in order to bring local regulations into compliance with RLUIPA, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015-10, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density; and, 15 WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The provisions amending the IZO, Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements and Chapter 28 — Glossary and the SmartCode, Section 3.10.030 — Permit Requirements for Allowable Uses, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the General Plan 2025 and the Central Petaluma Specific Plan. In particular, Goal 1-G-1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community." 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. Section 2. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Club, Lodge, Private Meeting Hall" is hereby repealed. Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Religious Facility" is hereby repealed. Section 4. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Community Meeting Facility" is hereby added to read as follows: Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following. 16 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations political organizations civic, social and fraternal organizations professional membership organizations labor unions and similar organizations other membership organizations 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the Implementing Zoning Ordinance and identified in Tables 4.1 through 4.5, which may be maintained by religious organizations, such as full-time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Tables 4.1 through 4.5 of the Implementing Zoning Ordinance. Section 5. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.1, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Natural and Rural Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility — CUP CUP CUP Commercial recreation - Indoor — — — — Commercial recreation - Outdoor — — — — Golf course, country club CUP — — — Park P P P P School - Elementary, secondary, or college, private — CUP CUP CUP 17 Section 6. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.2, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Residential Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility CUP CUP CUP CUP Golf course, country club — — — — Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP Section 7. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.3, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Mixed Use Zones P(16) Permittetl,Use . TABLE 4.3 ; .' CUP Contlifjooal Use Permit Required `.. Allowed Land Uses and Permit Requirements for = S Permit Requirement in Specific Use Regulations A Accessory Use Mixed Use Zones — 'Use N,ot Allowed, " Permit Required'by Zone : Specific=Use LAND USETYPE (1)MU1A MU'1B MU1C MU2 Regulations RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP — CUP Chapter 9 Community Meeting Facility CUP CUP CUP CUP Commercial recreation - Indoor CUP CUP — P(6) Fitness/health facility P P — P Library, museum, art gallery P P — P Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP School - Specialized Education and Training CUP CUP — CUP Studio - Art, dance, martial arts, music, etc. P P — P Theater District Theater, cinema or preforming arts CUP CUP — CUP Ord. 2158 18 Section 8. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.4, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Commercial, Business Park, and Industrial Zones (16) Permitted Use TABLE 4.4 CUP Conditl,Qnal Use Permit Rqulred Allowed LandUses and Permit Requirements for ; S Permit Requirement in Specific Use Regulations Commercial, Business Park; and Industrial Zones ,: A Accessory Use ' Use NotAllowetl �Pe�rmit,Requirp'db -Zone ;.;� �, � 'Specifi ' Use, ` LAND USE TYPE {1) ; .... C1 : 02 . BP 1: ; Regula tions RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP CUP — Chapter 9 Community Meeting Facility P P CUP CUP Commercial recreation - Indoor — CUP CUP — Commercial recreation -Outdoor — CUP — — Conference/convention facility — — CUP — Fitness/health facility P P P CUP Park P P P P School - Elementary, secondary, or college, private — — CUP — School - Specialized Education and Training P(6) P(6) CUP — Sports and entertainment assembly — — — — Studio - Art, dance, martial arts, music, etc. P P P — Section 9. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.5, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Civic Facility Zone RECREATION, EDUCATION & PUBLIC ASSEMBLY Park P Community Meeting Facility CUP School - Elementary, secondary, or college, private CUP Theater, cinema or preforming artsI CUP I Theater District Ord, 2158 19 Section 10. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 11. Section 3.10.030, Permit Requirements for Allowable Uses, Table 3.1, SmartCode Ordinance No. 2470 N.C.S., is hereby amended to read as follows: Community meeting facility <-10,000 sf CUP P MUP2 MUP CUP >10,000 sf CUP CUP CUP CUP - - CUP School - Specialized education/training <10,000 sf CUP P MUP2 MUP - - - CUP >10,000 sf CUP CUP CUP CUP - - - CUP Section 12. Section 9, Glossary, SmartCode Ordinance No. 2470 N.C.S., definition of Community Meeting Facility is hereby amended to read as follows: Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following: 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations political organizations civic, social and fraternal organizations professional membership organizations labor unions and similar organizations other membership organizations 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the SmartCode and identified in Table 3.1, which may be maintained by religious organizations, such as full-time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Table 3.1 of the SmartCode. Section 13. Except as amended herein, the City of Petaluma SmartCode, Ordinance No. 2470 N.C.S. remains unchanged and in full force and effect. Section 14. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. 20 Section 15. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 16. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 21 Attachment 3 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 10, SECTION 10.020 — DEFINITIONS TO ADDRESS CONSISTENCY WITH ASSEMBLY BILL 1147 THE MASSAGE THERAPY ACT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on October 17, 2013 the City Council adopted Ordinance No. 2473 N.C.S. adding Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of Petaluma Municipal Code; and, WHEREAS, the Massage Therapy Act was signed into law on September 18, 2014 and became effective on January 1, 2015; and, WHEREAS, in order to bring local regulations into compliance with the Massage Therapy Act staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 10, Section 10.020 - Definitions; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015-11, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and 001 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 10: Adult Oriented Business contained in Exhibit A are in general conformity with the Petaluma General Plan 2025. In particular, Goal 1-G-1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community." 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Massage Therapy Act. 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. Section 2. Section 10.020.C.12 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby repealed. Section 3. Section 10.020C.13 through Section 10.020.C.18 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby renumbered to read as follows: 12. Other Adult Entertainment Businesses. Any other business or commercial establishment not herein defined: a. Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas"; or b. Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to "Specified Sexual Activities". 13. School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university. 14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following "zoning districts" as defined in the Petaluma Zoning Ordinance: C1, C2, MU1A, MU16, and MU2. 15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation purposes owned by, dedicated to, leased to, or operated or maintained by the City. 23 16, Residential Zone. As used in Chapter 10, a residential zone shall include the following "zone districts" as defined in the Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit Development (P.U.D.) and Planned Community Development (P.C.D.). 17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and recognized as a site of public gathering and worship. This shall include church operated childcare/nursery or preschool facilities. Section 4. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 7. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 24 Attachment 4 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 11, SECTION 11.030 — OFF-STREET PARKING — GENERAL REGULATIONS TO CLARIFY EXCEPTIONS WHERE AN EXISTING SINGLE FAMILY DWELLING IS PROPOSED TO BE ENLARGED IN EXCESS OF TEN PERCENT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on May 19, 2008 the City Council adopted the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. repealing the previous Zoning Ordinance, Ordinance No. 1072; and, WHEREAS, clarification of the applicability of parking requirements is needed in instances where an existing single-family dwelling is proposed to be enlarged in excess of ten percent; and, WHEREAS, in order to clarify the parking requirements in instances where an existing single family dwelling is proposed to be enlarged in excess of ten percent staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 11, Section 11.030 — Off - Street Parking —General Regulations; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015-12, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on September 10, 2015, a public notice of the September 21, 2015 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, 25 WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 11: Parking and Loading Facilities, Off- Street in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that it supports using land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses and preserving the overall scale and character of established residential neighborhoods. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they clarify the intent of the Zoning Ordinance with respect to parking requirements in instances where existing single-family dwellings are proposed to be expanded by more than ten percent in size. 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. Section 2. Section 11.030.A of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: A. Off -Street Parking. There shall be provided on the same site with any use off-street parking, spaces for automobiles and bicycles in accordance with the requirements of this Chapter, or as provided in Section 11.040 (Alternatives to On -Site Parking). In all cases where bicycle parking is required, bicycle parking shall not be more inconveniently located than car parking and attempts should be made to have bicycle parking more convenient. All deviations from the City of Petaluma Municipal Code or the City of Petaluma Zoning Ordinance regarding bicycle parking shall be routed through the PBAC. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten percent (10%), in any zone except agricultural or a single family dwelling unit in any zone except as provided in Table 11.1 for addition of new bedrooms, off-street parking shall be provided as required herein for the entire floor area of the structure. Section 3. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the 26 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 27 Attachment 5 RESOLUTION NO. 2015-09 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE CHAPTER 7, SECTION 7.050 - HOME OCCUPATION PERMIT TO ADDRESS CONSISTENCY WITH CALIFORNIA ASSEMBLY BILL 1616 REGARDING THE COTTAGE FOOD ACT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and WHEREAS, California Assembly Bill 1616, known as the Cottage Food Act, was signed into law on September 21, 2012 and became effective on January 1, 2013; and WHEREAS, The Cottage Food Act allows preparation and/or packaging of certain foods in private kitchens for the purpose of selling either directly or indirectly to the public (restaurants, markets, stores); and WHEREAS, The Cottage Food Act limits production to non -potentially hazardous foods that do not support the rapid growth of bacteria and outlines an approved food product list that includes baked goods (without custard, cream, or meat filling), candy, dried fruit, dried pasta, fruit pies, granola, trail mixes, herb blends, honey, and jams; and WHEREAS, In order to bring local regulations into compliance with the Cottage Food Act, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 7 Section 7.050 - Home Occupation Permit to amend the prohibition on food handling by adding an exception for those types of food handling, processing, or packing activities permitted by the Cottage Food Act and to adhere to all applicable requirements of the state bill and a requirement to obtain a separate clearance from the County Health Department as mandated by the Cottage Food Act; and WHEREAS, on July 30, 2015, public notice of the August 11, 2015 Planning Commission meeting to consider the amendments was published in the Argus -Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. NOW, THEREFORE, BE 1T RESOLVED by the Planning Commission as follows: 28 Planning Commission Resolution No. 2015-09 Page 1 The proposed amendments to the City's Implementing Zoning Ordinance Chapter 7: Standards for Specific Land Uses contained in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that these changes may implement the goals, policies, and programs of the Economic Health & Sustainability Element that seek to retain and attract "basic" economic activities that bring dollars into the local economy by exporting products and services to the outside and helps to provide an array of employment opportunities to existing and future residents by assuring diversity in Petaluma's industry and enterprise mix. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Cottage Food Act. 3. The proposed amendments, attached hereto as Exhibit A, are hereby referred to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the Implementing Zoning Ordinance, 4. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. ADOPTED this 11 th day of August, 2015, by the following vote: Commission Member Aye No Absent Abstain Councilmember Barrett X Vice Chair Benedetti-Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X JO .lyn Lin, Chair ATTEST: APPROVEQ AS TO FORM: i J He then Hines, ComIssion Secretary Andrea Visveshwara, Assistant City Attorney Planning Commission Resolution No. 2015-09 29 Page 2 Exhibit A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 7, SECTION 7.050 - HOME OCCUPATION PERMIT TO IMPLEMENT CALIFORNIA ASSEMBLY BILL 1616 REGARDING THE COTTAGE FOOD ACT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and WHEREAS, in order to bring local regulations into compliance with the Cottage Food Act, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 7 Section 7.050 -- Home Occupation Permit to amend the prohibition on food handling by adding an exception for those types of food handling, processing, or packing activities permitted by the Cottage Food Act and to adhere to all applicable requirements of the state bill and a requirement to obtain a separate clearance from the County Health Department as mandated by the Cottage Food Act; and WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015 -XX, recommending that the City Council adopt the amendments; and WHEREAS, the amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds: The provisions amending the IZO, Chapter 7, Section 7.050, Home Occupation Permit, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the Economic Health & Sustainability Element that seek to retain and attract "basic" economic activities that bring dollars into the local economy by exporting products and services to the outside and help to provide an array of 30 Planning Commission Resolution No. 2015-09 Page 3 employment opportunities to existing and future residents by assuring diversity in Petaluma's industry and enterprise mix. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Cottage Food Act. 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. Section 2. Section 7.050.F of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: Examples of uses which will not be considered as home occupations. The uses specified below shall not be permitted as home occupations because by their nature they have one or more of the following characteristics: equipment or machinery of a type or quantity not typically found in the home; need for outside storage; parking needs greater than what can be provided on- site; need for special permits (e.g., health, ABC, Federal Firearm, etc.); need for extensive alteration to the residence or lot. The uses specified below shall not be permitted as home occupations: 1. Auto or vehicle repair, or tune-up. 2. Barber shop/beauty salon. 3. Card -reading astrological services. 4. Class instruction on premise with more than two students at any time. 5. On-site painting services (auto, boat, appliances, etc.). 6. Care, treatment, or boarding of animals for a fee. 7. Gun repair, sale of guns or ammunition (sale of five or fewer guns a year is exempt from this section). 8. Activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons, and highly flammable materials. 9. Any food handling, processing, or packing, except for cottage food operations as defined in California Government Code section 113758 that must be permitted pursuant to the Cottage Food Act, California Government Code section 51035. Section 3. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 5, Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting/ Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 31 Planning Commission Resolution No. 2015-09 Page 4 Attachment 6 RESOLUTION NO. 201510 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE CHAPTER 4, SECTION 4.030 -ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28 - GLOSSARY AND AMENDING THE SMARTCODE, ORDINANCE NO. 2470 N.C.S. SECTION 3.10.030 - PERMIT REQUIREMENTS FOR ALLOWABLE USES AND SECTION ?-GLOSSARY TO ADDRESS CONSISTENCY WITH THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and WHEREAS, the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et seq. (RLUIPA) was signed into law and became effective on September 22, 2000; and, WHEREAS, RLUIPA states that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on the assembly, or institution is a furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; and, WHEREAS, in order to bring local regulations into compliance with RLUIPA, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary and the SmartCode Section 3.10.020 - Permit Requirements for Allowable Uses; and, WHEREAS, on July 30, 2015, public notice of the August 11, 2015 Planning Commission meeting to consider the amendments was published in the Argus -Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: The provisions amending the IZO, Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary and the SmartCode, Section 3.10.030 - Permit Requirements for Allowable Uses, as hereinafter set forth, (collectively, "the amendments"), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the General Plan 2025 and the Central Petaluma Specific Plan. In particular, Goal 1-G-1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long-term residential, employment, retail, institutional, education, recreation, and open space needs of the community." 32 Planning Commission Resolution No. 2015-10 Page 1 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Religious Land Use and'Institutionalized Persons Act (RLUIPA). 3. The proposed amendments, attached hereto as Exhibit A, are hereby referred to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the Implementing Zoning Ordinance. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. ADOPTED this 11th day of August, 2015, by the following vote: Commission Member Aye No Absent Abstain Counciimember Barrett X Vice Chair Benedetti-Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X Jocle' Lin, Ch6ir (.J ATTEST: APPROVED AS TO FORM: a H `other Hines, 76mmission Secretary Andrea Visveshwara, Assistant City Attorney 33 Planning Commission Resolution No. 2015-10 Page 2 Exhibit A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 4, SECTION 4.030 - ALLOWABLE LAND USES AND PERMIT REQUIREMENTS AND CHAPTER 28 - GLOSSARY AND AMENDING THE SMARTCODE, ORDINANCE NO. 2470 N.C.S. SECTION 3.10.030 - PERMIT REQUIREMENTS FOR ALLOWABLE USES AND SECTION 9 - GLOSSARY TO ADDRESS CONSISTENCY WITH THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, et seq, (RLUIPA) was signed into law and became effective on September 22, 2000; and, WHEREAS, RLUIPA states that no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on the assembly, or institution is a furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; and, WHEREAS, in order to bring local regulations into compliance with RLUIPA, staff recommends text amendments to the City's Implementing Zoning Ordinance Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus -Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly -noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015-10, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density; and, WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and, 34 Planning Commission Resolution No. 2015-10 Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1, Findings, The City Council of the City of Petaluma hereby finds: The provisions amending the IZO, Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements and Chapter 28 - Glossary and the SmartCode, Section 3.10.030 - Permit Requirements for Allowable Uses, as hereinafter set forth, (collectively, "the amendments "), are in general conformity with the Petaluma General Plan 2025 because the amendments implement the goals, policies and programs of the General Plan 2025 and the Central Petaluma Specific Plan. In particular, Goal 1 -G -1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long -term residential, employment, retail, institutional, education, recreation, and open space needs of the community." 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. Section 2, Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C,S„ definition of "Club, Lodge, Private Meeting Hall" is hereby repealed. Section 3. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Religious Facility" is hereby repealed. Section 4. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., definition of "Community Meeting Facility" is hereby added to read as follows: Community Meeting Facility. A multi - purpose meeting and /or recreational facility typically consisting of one or more meeting or multi - purpose rooms, which may also include kitchen and /or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following. 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations civic, social and fraternal organizations labor unions and similar organizations political organizations professional membership organizations other membership organizations 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund- raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the Implementing Zoning Ordinance and identified in Tables 4.1 through 4.5, which may be maintained by religious organizations, such as 35 Planning Commission Resolution No, 2015 -10 Page 4 full -time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Tables 4.1 through 4.5 of the Implementing Zoning Ordinance, Section 5. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.1, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Natural and Rural Zones TABLIE 4 1 = Allowed Land Uses cnd Permit Requirements for Natural dnd.Rural Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility — CUP CUP I CUP Commercial recreation - Indoor — — --- — Commercial recreation - Outdoor — — — — Golf course, country club CUP — — — Park P P P P School - Elementary, secondary, or college, private — CUP CUP CUP Section 6. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.2, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Residential RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility CUP CUP CUP CUP Golf course, country club — — — Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP Section 7. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.3, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: 36 Planning Commission Resolution No. 2015 -10 Page 5 Mixed Use Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP — CUP Chapter 9 Community Meeting Facility CUP CUP CUP CUP Commercial recreation - Indoor CUP CUP — P(6) Fitness /health facility P P — P Library, museum, art gallery P P — P Park P P P P School - Elementary, secondary, or college, private CUP CUP CUP CUP School - Specialized Education and Training CUP CUP — CUP Studio - Art, dance, martial arts, music, etc. P P — P Theater, cinema or preforming arts CUP CUP — CUP Theater District Ord. 2158 Section 8, Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.4, Implementing Zoning Ordinance No, 2300 N,C,S., is hereby amended to read as follows: Commercial, Business Park, and Industrial Zones RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom CUP CUP CUP — Chapter 9 Community Meeting Facility P P CUP CUP Commercial recreation - Indoor — CUP CUP — Commercial recreation - Outdoor — CUP — — Conference /convention facility — — CUP — Fitness /health facility P P P CUP Park P P P P School - Elementary, secondary, or college, rivate — — CUP — School - Specialized Education and Training P 6 P 6 CUP — Sports and entertainment assembly — — — — Studio - Art, dance, martial arts, music, etc, P I P P — 37 Planning Commission Resolution No. 2015 -10 Page 6 Section 9. Chapter 4, Section 4.030, Allowable Land Uses and Permit Requirements, Table 4.5, Implementing Zoning Ordinance No. 2300 N.C.S., is hereby amended to read as follows: Civic Facility Zone _ = P(16) PermittedUse TABLE 4 5 cuP Conditional Use Permit Required Permit Requirement in Spedfic Use A,Ilovyed =:Land Uses aril peYmrt Requiremen #s for : s _ Regulations Civic Facility Zone - A ' Accessary Use - •—' Use Ns�fi AilgWed .a , _ �• - }� sone Speciftc�Use LA'Nb U$ETLfPE_�1 - _ _ = =CF _aRe �ulpti9rs RECREATION, EDUCATION & PUBLIC ASSEMBLY Park P Community Meeting Facility CUP School — Elementary, secondary, or college, private CUP Theater, cinema or preforming arts CUP Theater District Ord. 2158 NCS Section 10. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 11. Section 3,10.030, Permit Requirements for Allowable Uses, Table 3.1, SmartCode Ordinance No. 2470 N.C.S., is hereby amended to read as follows: Community meeting facility <10,000 sf CUP P MUP2 MUP - - - CUP >10,000 sf CUP CUP CUP CUP - - - CUP School — Specialized education /training 510,000 sf CUP P MUp2 MUP - - - CUP >I0,000 sf CUP CUP CUP CUP - - - CUP Section 12. Section 9, Glossary, SmartCode Ordinance No. 2470 N.C.S., definition of Community Meeting Facility is hereby amended to read as follows: Community Meeting Facility. A multi- purpose meeting and /or recreational facility typically consisting of one or more meeting or multi- purpose rooms, which may also include kitchen and /or outdoor cooking or eating facilities, that area available for use by various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community center and the following: 1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations civic, social and fraternal organizations labor unions and similar organizations political organizations professional membership organizations other membership organizations 38 Planning Commission Resolution No. 2015 -10 Page 7 2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the promotion of religious activities. This use includes; churches, mosques, synagogues, temples, etc., and their accessory uses on the same site, such as living quarters for staff, fund - raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other uses defined in the SmartCode and identified in Table 3.1, which may be maintained by religious organizations, such as full -time educational institutions, hospitals, or recreational camps, shall be permitted as set forth in Table 3.1 of the SmartCode. Section 13. Except as amended herein, the City of Petaluma SmartCode, Ordinance No. 2470 N.C.S, remains unchanged and in full force and effect. Section 14, Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 15. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council, Section 16. Posting /Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 39 Planning Commission Resolution No. 2015 -10 Page 8 Attachment 7 RESOLUTION NO. 2015 -11 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE CHAPTER 10, SECTION 10.020 - DEFINITIONS TO ADDRESS CONSISTENCY WITH ASSEMBLY BILL 1147 THE MASSAGE THERAPY ACT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on October 17, 2013 the City Council adopted Ordinance No. 2473 N.C.S. adding Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of Petaluma Municipal Code; and, WHEREAS, the Massage Therapy Act was signed into law on September 18, 2014 and became effective on January 1, 2015; and, WHEREAS, in order to bring local regulations into compliance with the Massage Therapy Act staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 10, Section 10.020 - Definitions; and, WHEREAS, on July 30, 2015, public notice of the August 11, 2015 Planning Commission meeting to consider the amendments was published in the Argus- Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: The proposed amendments to the City's Implementing Zoning Ordinance Chapter 10: Adult Oriented Business contained in Exhibit A are in general conformity with the Petaluma General Plan 2025. In particular, Goal 1 -G -1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long -term residential, employment, retail, institutional, education, recreation, and open space needs of the community." The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Massage Therapy Act. 3. The proposed amendments, attached hereto as Exhibit A, are hereby referred to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the Implementing Zoning Ordinance, 4. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor 40 Planning Commission Resolution No. 2015 -11 Page 1 modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. ADOPTED this 11th day of August, 2015, by the following vote: Commission Member Aye No Absent Abstain Counciimember Barrett X Vice Chair Benedetti - Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X ATTEST: /I H ather Hines, ommission Secretary Jcc lyn Lin, Cfiair APPROVED AS TO FORM: c Andrea Visveshwara, Assistant City Attorney 41 Planning Commission Resolution No. 2015 -11 Page 2 Exhibit A DRAFT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 10, SECTION 10.020 - DEFINITIONS TO ADDRESS CONSISTENCY WITH ASSEMBLY BILL 1147 THE MASSAGE THERAPY ACT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on October 17, 2013 the City Council adopted Ordinance No. 2473 N.C.S. - adding Chapter 8.38, "Massage Establishments and Massage Professionals" to the City of Petaluma Municipal Code; and, WHEREAS, the Massage Therapy Act was signed into law on September 18, 2014 and became effective on January 1, 2015; and, WHEREAS, in order to bring local regulations into compliance with the Massage Therapy Act staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 10, Section 10.020 - Definitions; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus - Courier on July 30,2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly - noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015 -11, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before the City Council to consider the amendments was published in the Argus- Courier; and, WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS; Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 10: Adult Oriented Business contained in Exhibit A are in general conformity with the 42 Planning Commission Resolution No. 2015 -11 Page 3 Petaluma General Plan 2025. In particular, Goal 1 -G -1 of the General Plan which seeks to: "Maintain a balanced land use program that meets the long -term residential, employment, retail, institutional, education, recreation, and open space needs of the community." 2, The proposed amendments are consistent with the public necessity, convenience and welfare in that they ensure Petaluma's land use and zoning regulations are in compliance with the Massage Therapy Act, 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance and SmartCode that do not result in significant changes in allowable land use or density. Section 2. Section 10.020.C.12 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No, 2300 N.C.S, is hereby repealed: Section 3. Section 10.020C.13 through Section 10.020.C.18 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., are hereby renumbered to read as follows: 12. Other Adult Entertainment Businesses. Any other business or commercial establishment not herein defined: a. Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas'; or b. Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to "Specified Sexual Activities ". 13. School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university, 14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following "zoning districts" as defined in the Petaluma Zoning Ordinance: C1, C2, MU1A, MU1B, and MU2. 15. Public Park. As used in Chapter 10, any park or playground dedicated to use for park or recreation purposes owned by, dedicated to, leased to, or operated or maintained by the City. 16. Residential Zone. As used in Chapter 10, a residential zone shall include the following "zone districts" as defined in the Petaluma Zoning Ordinance: RR, R1, R2, R3, R4, R5, AG, MU1C, and residential Planned Unit Development (P.U.D.) and Planned Community Development (P.C.D.). 17. Church. As used in Chapter 10, a church shall include any property where a building is set apart and recognized as a site of public gathering and worship. This shall include church operated childcare/nursery or preschool facilities. Section 4. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and 43 Planning Commission Resolufion No. 2015 -11 Page 4 all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 7. Postinci /Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 44 Planning Commission Resolution No. 2015 -11 Page 5 Attachment 8 RESOLUTION NO. 2015 -12 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE CHAPTER 11, SECTION 11.030 - OFF - STREET PARKING - GENERAL REGULATIONS TO CLARIFY EXCEPTIONS WHERE AN EXISTING SINGLE FAMILY DWELLING IS PROPOSED TO BE ENLARGED IN EXCESS OFTEN PERCENT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on May 19, 2008 the City Council adopted the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. repealing the previous Zoning Ordinance, Ordinance No. 1072; and, WHEREAS, clarification of the applicability of parking requirements is needed in instances where an existing single- family dwelling is proposed to be enlarged in excess of ten percent; and, WHEREAS, in order to clarify the parking requirements in instances where an existing single family dwelling is proposed to be enlarged in excess of ten percent staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 11, Section 11.030 - Off - Street Parking -- General Regulations; and, WHEREAS, on July 30, 2015, public notice of the August 11, 2015 Planning Commission meeting to consider the amendments was published in the Argus- Courier and sent to all members of the public on the interested parties list for this item; and WHEREAS, on August 11, 2015, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 11: Parking and Loading Facilities, Off- Street in Exhibit A are in general conformity with the Petaluma General Plan 2025 in that it supports using land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses and preserving the overall scale and character of established residential neighborhoods. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they clarify the intent of the Zoning Ordinance with respect to parking requirements in instances where existing single - family dwellings are proposed to be expanded by more than ten percent in size. 3. The proposed amendments are hereby referred to the Petaluma City Council for consideration and findings in accordance with Sections 25.010 and 25.050 of the Implementing Zoning Ordinance. 45 Planning Commission Resolution No. 2015 -12 Page 1 4, The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. ADOPTED this l lih day of August, 2015, by the following vote: Commission Member Aye No Absent Abstain Councilmember Barrett X Vice Chair Benedetti- Petnic X Gomez X Chair Lin X Marzo X Pierre X Wolpert X ATTEST: Heather Hines, Co ission Secretary u F > r „• Z Joc lyn Lin, Ch • Ir i APPROVED AS TO FORM: 'Al Andrea Visveshwara, Assistant City Attorney 46 Planning Commission Resolution No. 2015 -12 Page 2 Exhibit A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE NO. 2300 N.C.S. CHAPTER 11, SECTION 11.030 - OFF - STREET PARKING - GENERAL REGULATIONS TO CLARIFY EXCEPTIONS WHERE AN EXISTING SINGLE FAMILY DWELLING IS PROPOSED TO BE ENLARGED IN EXCESS OFTEN PERCENT WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance (IZO) provides in pertinent part that no amendment that regulates matters listed in Government Code Section 65850 shall be made to the IZO unless the Planning Commission and City Council find the amendment to be in conformity with the General Plan; and, WHEREAS, on May 19, 2008 the City Council adopted the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. repealing the previous Zoning Ordinance, Ordinance No. 1072; and, WHEREAS, clarification of the applicability of parking requirements is needed in instances where an existing single - family dwelling is proposed to be enlarged in excess of ten percent; and, WHEREAS, in order to clarify the parking requirements in instances where an existing single family dwelling is proposed to be enlarged in excess of ten percent staff has proposed text amendments to the City's Implementing Zoning Ordinance Chapter 11, Section 11.030 - Off - Street Parking - General Regulations; and, WHEREAS, a public notice of the of the August 11, 2015 public hearing before the Planning Commission to consider the amendments was published in the Argus- Courier on July 30, 2015; and, WHEREAS, on August 11, 2015, the Planning Commission held a duly- noticed public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance, Section 25.050; and, WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution No. 2015 -12, recommending that the City Council adopt the amendments; and, WHEREAS, the amendments are categorically exempt pursuant to Section 15305 Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density; and, WHEREAS, on XXXX XX, XXXX, a public notice of the XXXX XX, XXXX public hearing before the City Council to consider the amendments was published in the Argus - Courier; and, WHEREAS, on XXXX XX, XXXX, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the City's Implementing Zoning Ordinance Chapter 11: Parking and Loading Facilities, Off- Street in Exhibit A are in general conformity 47 Planning Commission Resolution No. 2015 -12 Page 3 with the Petaluma General Plan 2025 in that it supports using land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses and preserving the overall scale and character of established residential neighborhoods. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they clarify the intent of the Zoning Ordinance with respect to parking requirements in instances where existing single- family dwellings are proposed to be expanded by more than ten percent in size. 3. The amendments are categorically exempt pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) in that the amendments involve minor modifications to the Implementing Zoning Ordinance that do not result in significant changes in allowable land use or density. Section 2. Section 11.030.A of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: A. Off - Street Parking. There shall be provided on the same site with any use off - street parking, spaces for automobiles and bicycles in accordance with the requirements of this Chapter, or as provided in Section 11.040 (Alternatives to On -Site Parking). In all cases where bicycle parking is required, bicycle parking shall not be more inconveniently located than car parking and attempts should be made to have bicycle parking more convenient. All deviations from the City of Petaluma Municipal Code or the City of Petaluma Zoning Ordinance regarding bicycle parking shall be routed through the PBAC. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten percent (10 %), in any zone except agricultural or a single family dwelling unit in any zone except as provided in Table 11.1 for addition of new bedrooms, off - street parking shall be provided as required herein for the entire floor area of the structure. Section 3. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S, remains unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council, Section 6. Posting /Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. 48 Planning Commission Resolution No. 2015 -12 Page 4