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HomeMy WebLinkAboutStaff Report 3.E 10/05/2015DATE: October 5, 2015 Agenda Item #3.E TO: Honorable Mayor and Members of the City Council through City Manager FROM: Scott M. Duiven, Senior Planner - SUBJECT: Adoption (Second 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 adopt 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. 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 On September 21, 2015, the City Council approved, by a vote of 6-0 (Albertson absent) without changes, the first reading of the following ordinances: 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. 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. The recommended action provides for a second reading and adoption of the ordinances. FINANCIAL IMPACTS There are no financial impacts other than the staff time and public notice costs associated with preparing the text amendments. ATTACHMENTS 1. Ordinance — Cottage Food Act 2. Ordinance — RLUIPA 3. Ordinance — Massage Therapy Act 4. Ordinance — Off -Street Parking 2 Attachment I 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: 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. 4 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. 5 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 G 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. 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 I -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). 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. 7 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 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 I — I CUP I CUP I CUP ( Commercial recreation - Indoor I — I — I — 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 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: I 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 9 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, 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 10 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 MUPZ MUP - - - CUP >10,000 sf CUP CUP CUP CUP - - - CUP School — Specialized education/training <10,000 sf CUP P MUPz 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. t, 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 11 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. 12 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. 13 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 10.020.C.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 14. Commercial Zones. For purposes of Chapter 10, a commercial zone shall include the following "zoning districts" as defined in the Petaluma Zoning Ordinance: Cl, C2, MUlA, MU 1 B, 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 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. 15 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 WHEREAS, on September 21, 2015, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments. 16 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 17 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. 18