HomeMy WebLinkAboutStaff Report 5.B 07/17/2017DATE:
July 17, 2017
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Scott Duiven, Senior Planner
SUBJECT: Introduction (First Reading) of an Ordinance Amending the Text of the
Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., Chapter 4 Section
4.030—Allowable Land Uses and Permit Requirements, Chapter 7 Section 7.030
— Accessory Dwellings, Chapter 11 Section 11.060 —Number of Automobile and
Bicycle Parking Spaces Required, Chapter 28 — Glossary, and Create a New
Section 7.035 — Junior Accessory Dwelling Units to Address Consistency with
California Senate Bill 1069, Assembly Bill 2299, and Assembly Bill 2406
Regarding Accessory Dwelling Units
It is recommended that the City Council introduce (First Reading) the attached Ordinance
Amending the Text of the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., Chapter
4 Section 4.030 — Allowable Land Uses and Permit Requirements, Chapter 7 Section 7.030 —
Accessory Dwellings, Chapter 11 Section 11.060 — Number of Automobile and Bicycle Parking
Spaces Required, Chapter 28 — Glossary, and Create a New Section 7.035 — Junior Accessory
Dwelling Units to Address Consistency with California Senate Bill 1069, Assembly Bill 2299,
and Assembly Bill 2406 Regarding Accessory Dwelling Units.
There are a few components of the Implementing Zoning Ordinance that need to be updated in
order to ensure that Petaluma's zoning regulations are consistent with changes in State law with
respect to Accessory Dwelling Units (ADUs) and Junior. Accessory Dwelling Units (JADUs).
The proposed zoning amendments included in this report are in response to the following acts of
State legislation:
SB 1069 (Wieckowski) which imposes State -mandated development standards to address
barriers to the development of ADUs and expand the capacity for their development. This
is -principally done through reduced parking requirements, more flexible parking
configurations (e.g., tandem or in setback areas), and the prohibition of parking
requirements in certain situations.
All 2299 (Bloom) which restates an existing requirement for local governments to
ministerially approve ADUs if the unit complies with certain parking requirements,
provides a suggested maximum allowable size I of, an ADU, and addresses certain setback
requirements.
AB 2406 (Thurmond) creates more flexibility for housing options by authorizing local
governments to permit junior accessory dwelling units through an ordinance. A junior
accessory dwelling unit is located within an existing dwelling, has a maximum floor area
of 500 sq.ft., includes an efficiency kitchen, and may or may not have a separate
bathroom.
The California legislature has found that allowing ADUs in single family and multifamily zones
provides additional rental housing and are an essential component in addressing housing needs in
California. The Department of Housing and Community Development notes that ADUs are a
unique opportunity to address a variety of housing needs and provide affordable housing options
for family members, friends, students, the elderly, in-home health care providers, the disabled
and others and offer an opportunity to maximize and integrate housing choices within existing
residential neighborhoods.
State law prohibits a local government from adopting an ordinance that precludes ADUs. It also
requires that an application for an ADU must be approved ministerially, without discretionary
review or a hearing, within 120 days after receiving the application.
The Planning Commission held a public hearing on May 23, 2017 to receive public testimony
and provide comments on the proposed text amendments to the Implementing Zoning Ordinance.
Public comments received at the hearing were generally supportive of changes to facilitate the
construction of ADUs, including reduced parking requirements, increased square footage, and
limiting ADU rentals to more than 30 days to help address current housing challenges. The
Planning Commission reviewed and discussed the proposed text amendments and proposed the
following additional amendments to the ordinance:
• Size of Unit: The Planning Commission recommended increasing the size limit for ADUs
from 640 square feet to 720 square feet.
® Rentals: The Planning Commission recommended adding language to the ordinance
limiting the rental of ADUs to more than 30 days so as not to allow their use as short-
term vacation rentals.
The Planning Commission also stated their concern that ADUs pay their fair share for impact
and capacity fees to the extent allowed by State law. Development impact and capacity fees are
set out in the City's fee schedule and will continue to be assessed consistent with State law. With
these additions the Planning Commission voted unanimously to approve a resolution
recommending adoption of the text amendments to the Implementing Zoning Ordinance
(Attachment 3).
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Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance
(lZO) and by California Government Code Section 65853. Chapter 25 stipulates that text
amendments may be recommended by the Planning Commission for approval to the City
Council insofar as the Planning Commission finds that the proposed amendments are in
conformance with the General Plan and consistent with the public necessity, convenience, and
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general welfare.
Petaluma's IZO currently allows ADUs as an accessory use in all of its residential zones and has
permitted them consistent with prior State laws. With the recent changes noted above, the City
must make some amendments to Section 7.030 - Accessory Dwellings of the IZO in order to
ensure consistency with State law.
Unit Size
AB 2299 provides that the maximum allowable size of an attached ADU is 1,200 square feet.
However, the legislation allows jurisdictions to establish different maximum allowable size for
both attached and detached ADUs. Petaluma's current regulations limit ADUs to a maximum of
640 square feet. The Planning Commission recommended changing this to a maximum of 720
square feet based on public input received at the May 23rd Planning Commission hearing. Staff
supports this recommendation as this size limit still reflects a unit size that is accessory to
existing, typical single-family homes, particularly on the west side of Petaluma. A 1,200 square
foot ADU could include three or more bedrooms and, as such, would have the potential to result
in incompatibilities with regard to neighborhood density and character.
Proposed change related to unit size can be found in Section 7.030(B) in the attached redline
(Attachment 2).
Parking
SB 1069 reduces parking requirements for ADUs and authorizes off street parking to be tandem
or in setback areas unless specific findings such as fire and life safety conditions are made. In
addition, SB 1069 prohibits parking requirements if an ADU meets any of the following
conditions:
o Is within a half mile from public transit.
o Is within an architecturally and historically significant historic district.
o Is part of an existing primary residence or an existing accessory structure.
o Is in an area where on -street parking permits are required, but not offered to the
occupant of the ADU.
o Is located within one block of a car share area
Staff proposes additional language to the above conditions in order to define what constitutes
`public transit' and 'car share.' SB 1069 does not define public transit, which could be
interpreted simply as a bus stop. In analyzing the effect of applying a half -mile radius around
each of Petaluma's bus stops, virtually the entire City would be exempt from providing parking
for ADUs with the exception of a few of the neighborhoods on the City's western edge. Since the
purpose of the condition is to recognize the potential for ADU residents to not rely on
automobiles, staff proposes to define public transit as a SMART rail station, the Petaluma Transit
Mall, or a bus stop that has a minimum 20 -minute weekday headway. In addition, staff proposes
a definition for car share that ensures an ADU seeking an exemption from parking requirements
has a viable and available alternative.
Proposed changes related to parking can be found in Section 7.030(F) in the attached redline
(Attachment 2).
Impact Fees
State law allows for the collection of development impact fees for ADUs as long as the fee is
proportional to their impact. Petaluma adjusted its development impact fee program in 2010 to
provide for reduced fees for ADUs to reflect their smaller size and impacts. Development impact
fees for an ADU are currently $11,650 compared to $40,082 for a single-family home. SB 1069
provides that in instances where an accessory dwelling unit is located within an existing single-
family residential unit or accessory structure, they are exempt from water and sewer capacity
fees. An accessory dwelling unit that includes new square footage, which is either attached or
detached, may be charged water and sewer capacity fees. The Planning Commission also stated
their concern that ADUs pay their fair share for impact and capacity fees to the extent allowed by
State law. Development impact and capacity fees are set out in the City's fee schedule and will
continue to be assessed consistent with State law.
Fire Requirements
SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not
required in the primary residence.
Jim ior A ccessory Dwelling Units
JADUs are defined as a unit that is no more than 500 square feet in size and contained entirely
within an existing single-family structure. A junior accessory dwelling unit must include an
efficiency kitchen and may include separate sanitation facilities, or may share sanitation facilities
with the existing structure. AB 2406 requires specific components for JADU ordinances and
provides that adoption of a local JADU ordinance is optional. Staff recommends including the
State provisions as a new section of the IZO so that all relevant regulations are available in one
place. This proposed new addition to the IZO can be found as Section 7.035 in the attached
redline (Attachment 2).
Historic Preservation
Petaluma is fortunate to have many historic structures and sites. Chapter 15 — Preservation of the
Cultural and Historic Environment of the IZO recognizes that the public health, safety, and
welfare require prevention of needless destruction and impairment, and promotion of the
economic utilization and discouragement of the decay and desuetude of such structures, sites and
areas. While the recent chdriges to ADU law note that ADUs must continue to be approved
ministerially and without discretionary review, it also notes that local jurisdictions may impose
standards such as architectural review and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Places.
Consistent with State law, Petaluma's IZO permits ADUs by right. However, in the interest of
public health, safety, and welfare, applications for accessory dwellings at designated landmark -
sites or within a designated historic district will be subject to Chapter 15: Preservation of the
Cultural and Historic Environment. This approach remains the same as current practice and is
clarified with the addition of Section 7.030(J) as shown in the attached redline (Attachment 2).
Rentals
The Commission expressed that the intent behind the recent state legislation was to address the
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current housing shortage and as such should not be used for short-term rentals. While the
Commission's recommendation did not explicitly state that JADUs be treated the same, staff felt
that was their intent and have added language limiting accessory dwelling rentals to more than
30 days for both ADUs and JADUs. State law Section 65852.2(a)(6) provides that local agencies
can require that accessory dwellings be limited to rentals of terms longer than 30 days, Proposed
language limiting ADUs and JADUs to long-term rentals can be found in Section 7.030(K) and
7.035(M) in the attached redline (Attachment 2).
The above changes in State law also require the removal of the reference to 'Second Units' and
its replacement with the term Accessory Dwelling Unit along with the addition of the term Junior
Accessory Dwelling Unit. Chapter 28 - Glossary and Section 4.030 - Allowable Land Uses and
Permit Requirements have been updated to reflect these changes as shown in the attached redline
(Attachment 3).
The proposed text amendments are consistent with the following goals and policies of the City of
Petaluma 2015-2023 Housing Element:
Goal 1: Provide adequate residential development opportunities to accommodate projected
residential growth and facilitate mobility within the ownership and rental markets.
Goal 2: Promote a range of housing types to meet the housing needs of all Petalumans.
Policy 2.1: Encourage a mix of housing design types.
Policy 2.2: Allow flexibility within the City's standards and regulations to encourage a
variety of housing types.
Goal 3: Minimize constraints on housing development to expedite construction and lower
development costs.
The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines
Section 15282(h), which states that the adoption of an ordinance regarding second units in a
single-family or multifamily residential zone by a city or county to implement the provisions of
Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from the
requirements of CEQA.
Public notice was published in an eighth page ad in the Argus Courier on July 6, 2017. No
specific public comment has been received in response to this public notice as of preparation of
this report.
There are no financial impacts other than the staff time and public notice costs associated with
preparing this staff report.
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ATTACHMENTS
1. Accessory Dwelling Unit Ordinance.
2. REDLINE Implementing Zoning Ordinance — Table of Contents, Chapter 4 Section
4.030, Chapter 7 Section 7.030, Addition of Chapter 7 Section 7.035, Section 11.060, and
Chapter 28 Glossary.
3. Planning Commission Resolution
0
7.035
JUNIOR
ACCESSORY
► ADDRESS
is ,• CONSISTENCY CALIFORNIA
SENATE BILL 1069,
'a ASSEMBLY BILL a • i ASSEMBLY BILL t. • REGARDING ACCESSORY
DWELLING UNITS
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 State of California, recognizing the importance of Accessory Dwelling Units in
addressing California's severe housing crisis, amended Government Code Section 65852.2 and
added Section 65852.22 to help reduce development barriers and expand potential capacity to
build Accessory Dwelling Units and Junior Accessory Dwelling Units respectively; and
WHEREAS, California Senate Bill 1069 was signed into law on September 27, 2016 and became
effective on January 1, 2017; and
WHEREAS, Chapter 720, Statutes of 2016 (SB 1069 — Wieckowski) makes several changes
regarding parking requirements, utility connection fees and Accessory Dwelling Units
repurposing existing single-family space; and
WHEREAS, California Assembly Bill 2299 was signed into law on September 27, 2016 and
became effective on January 1, 2017; and
WHEREAS, Chapter 735, Statutes of 2016 (AB 2299 — Bloom) makes several changes affecting
local ordinances for permitting Accessory Dwelling Units, including such requirements as
setbacks for converted garages, passageway prohibitions and parking; and
WHEREAS, California Assembly Bill 2406 was signed into law on September 28, 2016 and
became effective on September 28, 2016; and
WHEREAS, Chapter 755, Statutes of 2016 (AB 2406 — Thurmond) adds a new section to state
planning and zoning law for the creation of Junior Accessory Dwelling Units under specified
conditions; and
WHEREAS, in order to ensure local regulations comply with the above changes to State law,
staff recommends text amendments to the City's Implementing Zoning Ordinance, Ordinance
7
2300 N.C.S., Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements, Chapter
7 Section 7.030 — Accessory Dwellings, Chapter 11 Section 11.060 — Number of Automobile and
Bicycle Parking Spaces Required, Chapter 28 —(5|ossary and the creation ofanew Chapter 7
Section 7.035 — Junior Accessory Dwelling Units to adhere to all applicable state leVv
requirements; and
WHEREAS, apublic notice ofthe May 23,2O17public hearing before the Planning Commission
to consider the amendments was published in the Argus -Courier on May 11, 2017; and,
WHEREAS, on May 23, 2017, the Planning Commission held a duly -noticed public hearing in
accordance with the City of Petaluma IZO, Section 25.050; and,
\8/HERE/\S, after the conclusion of said public hearing, the Planning Commission adopted its
Resolution No. 2017-10, recommending that the City Council adopt the amendments; and
WHEREAS, the proposed zoning text amendments are exempt from CEUA pursuant to CE[\A
Guidelines Section 15282/h\, which states that the adoption of an ordinance regarding second
units in a single-family or multifamily residential zone by a city or county to implement the
provision of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from
the requirements ofCE[>A.; and,
WHEREAS, onJuly G,2O17,apublic notice ofthe July 17,2Ol7public hearing before the City
Council to consider the amendments was published in the Argus -Courier; and,
WHEREAS, onJuly 17, 2Ol7,the City Council Qfthe City nfPetaluma held @ duly noticed public
hearing to consider the amendments; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUITIA AS
Section 1. FINDINGS. The City Council of the City of Petaluma hereby finds:
I. The provisions amending the |ZD.Table of Contents, Chapter /, Section 41030 —
Allowable Land Uses and Permit Requirements, Chapter 7' Section 7\030i
Accessory Dwelling Units, addition of Chapter 7, Section 7.035 Junior Accessory
Dwelling Units, and Chapter 28—Glossary, as hereinafter set forth, (collectively,
"the amendments"), are in general conformity with the Petaluma General Plan
2025 in that these changes implement the goals, policies, and programs of the
2015-2023 Housing Element that seek to promote a range of housing types to
meet the housing needs 0fall Peta|Unnans.
Z The proposed amendments are consistent with the public necessity,
convenience and welfare in that they ensure Petaunna,s land use and zoning
regulations are in compliance with Government [Dde,Smctions 65852.2 and
3, The proposed zoning text amendments are exempt from CEQA pursuant to CEQA
Guidelines Section 15282(h) which states that the adoption of an ordinance
regarding second units in gsingle-family ur multifamily residential zone by city
or county to implement the provisions ofSections 65852.1 and 65852,2 of the
Government Code is statutorily exempt from the requirements of CEQA.
Section 2. The Table of Contents of the City ofPetaluma |ZOOrdinance No. 2300
N.C.S.ishereby amended toread aafollows:
7-1
7.0iO'Purpose
/.v/v~
Applicability
T03O'Accessory Dwellings Units
7.O35 - Junior Accessory Dwelling Units
7.04O~Dwelling Group
7.O5O'Home Occupation Permit
7DG0-Large Family Child Day Care
7.D70'Short-Term Activities
7D8O-Swimming Pools, Hot Tubs, and Spas
7.Og0-Telecommunication Facilities
7.10O'Bed and Breakfast Inns
7.110 - Short -Term Vacation Rentals
Section 3. Section 4.U30—Allowable Land Uses and Permit Requirements Table 4.1
Residential Land Use Types ofthe City ufPetaluma |ZO, Ordinance No. 2300 N.C.S. is hereby
amended tQread asfollows:
I
Section 4. Section 4.050 —Allovvab|e Land Uses and Permit Requirements Table 4,2
Residential Land Use Types of the City of Petaluma |ZO, Ordinance No. 2300 N.C.S. is hereby
amended to read as follows:
10
Residential Zones
TABLE 4.2,
P(16)'
Permitted Use
AllowedLand Uses and Permit Requirements for
A
se
Accessory Us
LAND USE TYPE (1)
RESIDENTIAL
Dwelling, Accessory
A,S
A,S
A,S
—
Section 7.030
Dwelling, Junior Accessory
A,S
A,S
&S
—
Section 7.035
Dwelling, Group
S(5)
S(5)
Section 7.040
Residential Care, 6 or fewer clients, in a home
P
P
P
P
Residential Care, 7 or more clients
Swimming Pool, Hot Tub, Spa
A,S
A,S
A,S
A,S
Section 7.080
Key to zone symbols
R2'Residential 2 R4'Residential 4
Section 5. Section 4.O3O—Allowable Lend Uses and Permit Requirements Table 4.3
Residential Land Use Types of the City of Petaluma |ZO, Ordinance NO. 2300 N.C.S. is hereby
amended tQread as follows:
l|
Mixed Use Zones
P(16)
'Permitted Use,
CUP,
Conditional Use Perm it Required
'S',
Permit Requirement in Specific Use Regulations
Allo I wed Land Uses and Permit R6quir6m6nts for
A, -
Accessory Use
Mixed UsikZon6s
s6 N 'All
06hb(t,fZ6qi6ired by Zone
Sp'ei;M6 Use
LAND"USE'TYPE,j!)
MU2,d
Regulations
RESIDENTIAL
Dwelling, Multiple
CUP
P
—
Dwelling, Junior Accessory
A,S
—
Section 7.035
Dwelling, Single
P
—
Residential care, 7 or more clients
P(i 0)
P(l 0)
P
CUP(10)
Residential care facility, adult
P(6)
P(6)
—
CUP(10)
Residential care faGilit�, for the chronically ill
P(6)
P(6)
—
CUP(10)
Residential care facility, for the elderly
P(6)
P(6)
—
CuP(10)
Residential in mixed use building
Pit 0)
P(14)
P(10)
P(10)
Key tozone symbols
MU#^'Mixed Use 1A MU1C'Mixed Use 1C
MUjB^Mixed Use 1B MU2 - Mixed Use
Section 6. Section 7J330 — Accessory Dwellings of the City of PaLa|unne |Z[\
Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
All accessory dwelling units must comply with the following standards:
A, Type ofUnit. Anaccessory dwelling may bacreated within enexisting principal dwelling
or accessory structure on the property; may be added to a principal dwelling or accessory
structure; or may be built as a structure separate from any existing structure on the
property.
B. Size ofUnit. The maximum allowable living area ofthe accessory unit is 720square feet.
"Living area" is the interior habitable area of the accessory unit including basements and
attics but not including garages. Living area shall be measured from the interior nide of
the exterior yva||o of the building.
C. Existing Parking. With the addition of an accessory dwelling unit, current parking
standards adthe time of the addition must be met for both the principal and accessory
dwelling unit. When a garage, carport or covered parking ebuutuna is demolished in
conjunction with the construction of an accessory dwelling unit the off-street parking
spaces formerly provided by the demolished structure oho|| be replaced. The
replacement spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including, but not limited to, as covered spaces, uncovered
'
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spaces,tandem apeooa, or by the use of mechanical automobile parking |Uts
(Consistentwith Section 11.070).
D. Foundation Required. Accessory dwellings must ba permanent structures located on o
permanent foundation.
E. Setbacks. Accessory dwellings attached hothe principal dwelling must comply with the
phnokpo| dwelling setbacks ofthe zoning district. Detached accessory dwellings must
comply with the setbacks of accessory structures. No setback shall be required for an
existing garage that ieconverted toonaccessory dwelling unit and asetback ofnomore
than five feet from the sideand rear lot lines shall be required for anaccessory dwelling
unit that isconstructed above agarage.
F.Parking. One (1)off-street parking space shall beprovided for each bedroom nrother
room suitable for sleeping purposes within the accessory dwelling. This parking
requirement shall be in addition to the requirement for the principal dwelling. Parking is
not required in the following circumstances:
1, The accessory dwelling unit hs located within one-half mile ofpublic transit.
a. For the purposes of this provisinn, public transit is defined as a
SMART rail ataton.the Petaluma Transit Mall, or8bus stop that
has service with scheduled stops every 20 minutes on
weekdays.
2. The accessory dwelling unit is within the existing primary residence or an
existing accessory structure.
3. The accessory dwelling unit is located within o designated historic district or
on the property of an individually designated historic landmark Uoce|, sbaha.
or federally -designated landmark ordisirloU.
4. When on -street parking permits are required but not offered to the occupant
ofthe accessory dwelling unit.
5. When there is o oar share vehicle located within one block of the accessory
dwelling unit.
o- For the purposes of this provksion, car share is defined as e
membership -based service available toall qualified drivers in o
community with nnseparate written agreement required for each
time o member reserves and uses a vehicle and vehicles are
available 24 -hours aday. 7 days aweek atedesignated, self-
service
G. Open Space. Parcels on which accessory dwellings are built shall have a minimum of
one hundred (100) square feet of useable open space available for use by occupants of
the unit, independent ofthe primary residence's requirement.
H. Architecture. An accessory dwelling ahoU be designed to be compatible with the
architectural richness of existing development in the immediate vicinity or principal
dwelling on the site. This aheU include architectural feetunes, colors, and building
materials. New accessory dwellings constructed above the ground floor shall be designed
toreasonably preserve the privacy ofadjacent property owners.
i Construction Prior to Principal Dwelling. An accessory dwelling may be approved
'or to construction of the principal dwelling if in conjunction with the concurrent
development of four or fewer parcels.
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J. Historic. Applications for accessory dwellings at designated landmark sites or within a
designated historic district are subject to Chapter 15: Preservation ofthe Cultural and
Historic Environment.
K. Rentals. All rentals of accessory dwelling units shall be for a term of more than 30 days.
Section 7. Section 7.035 —]uniOr Accessory Dwelling Units is hereby added to the
City of Petaluma IZO, Ordinance No. 2300 N.C.S. to read as follows:
All junior accessory dwelling units shall comply with the following standards:
A. Number ofUnits Allowed. Only one accessory dwelling unit orjunior aooessurydvvehnQ
unit may be located on any residentially zoned lot that permits a single-family dwelling. A
junior accessory dwelling unit may only belocated on a lot which already contains one
legal single-family dwelling.
B. 0xvnmr Occupancy. The owner of the parcel proposed for ojuninr accessory dwelling
unit shall occupy as a principal residence either the primary dwelling or the accessory
dwelling, except when the home is owned or operated by a government agency, land
trust, ornon-profit housing organization for use aoaffordable housing.
C. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit must be
created within the existing vvo|a of an existing primary dwelling, and must include
conversion of an existing bedroom.
D. Separate Entry Required. Aseparate exterior entry shall beprovided to serve ajunior
accessory dwelling unit.
E. Interior Entry Remains. The interior connection to the main living area must be
maintained, but a second door may be added for sound attenuation.
F. Kitchen Requirements. Junior accessory dwelling units shall include on efficiency- kitchen, including and limited hothe following components:
tAsink with amaximum waste line diameter ofone`ond-a-halfM.5>inches,
2.Acooking facility with appliances which donot require electrical service greater
than one-hundnod'and'bwonty(12O) volts ornatural orpropane gas, and
3.Afood preparation counter and storage cabinets that are n*oaonob|e to size of
the unit.
G. Parking. No additional parking requirements apply beyond those that apply to the
existing primary dwelling.
H. k8exhmunn Unit Size. The maximum unit size for o junior accessory dwelling unit is five
hundred (500) square feet.
i Setbacks. Setbacks are asrequired for the primary dwelling unit.
14
J. Rnm Sprinklers and Fln* Attenuation. For the purposes of any fire or life protection
ordinance or regulation, o junior accessory dwelling unit shall not be considered a
separate or new dwelling unit.
K.0wWater Connection Fees. Nowater connection fee is required for the development of
ajunior accessory dwelling unit.
L No Sewer Connection Fee. Nosewer connection fee ksrequired for the developmentof
ujunior accessory dwelling unit.
M. Rentals. All rentals of accessory dwelling units shall befor aterm ofmore than 3Odays
Section 8. Section I1lK60 — Number of Automobile and Bicycle Parking Spaces
Required Table 11.1 of the City ofPetaluma IZO, Ordinance No. 2300 N.C.S. ishereby amended
to read as follows:
1104111 -MINI
Use
Number of Parking Spaces Required
Dwelling -Accessory
1 covered or uncovered plus
Parking for other dwellings onsite consistent with current parking requirements
See specific use regulations in Section 7.030
Section 9. Chapter Z8,Glossary ofthe |ZQ,Ordinance No. Z3OON.C.3,definition of
"Dwelling, Accessory/Second Unit" is hereby amended to read as follows:
Dxve||hlA^ Accessory. An attached or detached residential dwelling unit which provides complete
independent living facilities for one or more persons with permanent provisions for living, sleeping,
eating, cooking and sanitation on the same parcel as that on which the single household dwelling is
situated and meeting the requirements of Section 7.030.
Section 10. Chapter 28,Glossary ofthe |ZO,Ordinance No. 23OONl�S,definition of
"Dwelling, Junior Accessory" is hereby added to read as follows:
Dwelling, Junior 'Accessory. A unit that is no more than 500 square feet in size and contained
entirely within an existing single-family structure and meeting the requirements of Section 7.035. A
junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation
facilities with the existing structure.
Section 11. Except asamended herein, the City ofPetaluma C[0,Ordinance No. 23O0
N.C.S. remains unchanged and in full force and effect.
Section 12. SeverabilitV. 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
15
a court of competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity ofthe remaining portions ofthis ordinance. The City Council ofthe
City ofPetaluma 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 orotherwise invalid.
Date.Section 13. Effective This ordinance shall become effective thirty (30) days
after the date of its adoption by the Petaluma City Council.
Section 14. ' The City Clerk ishereby directed topublish
or post this ordinance or a synopsis for the period and in the manner provided by the City
Charter and other applicable law.
Wel
7O1O' Purpose
l020Applicability
-
l03N- Accessory Dwellings Units
TM ~ Junior AccessoryDwelling Units
7O4O'Dwelling Group
7.O5O-Home Occupation Permit
7DGO'Large Family Child Day Care
7.O7O-Short-Term Activities
7,O8O'Swimming Pools, Hot Tubs, and Spas
7.UQ0-Telecommunication Facilities
71UO'Bed and Breakfast Inns
� 7.11O - Short -Term Vacation Rentals
4.A30—Allowable Land Uses and Permit Requirements
17
RESIDENTIAL
Dwelling, Accessoryar#-tf
A,S
A,S
A,S
Section 7.030
pmkJunior Accessor
_AS
_AS
ASS
Section 7,035
Dwelling, Group
S(5)
S(5)
Section 7.030
Section 7.040
Dwelling, Multiple
p
p
p
Dwelling, Single
Dwelling, Single Household
p
p
p
p
Home Occupation
Home Occupation
A,S(2)
A,S(2)
A,S(2)
A,S(2)
Section 7.050
Residential, Accessory Structure
A
A
A
A
Residential care facility, adult
Residential Care, 6 or fewer clients, in a home
p
p
p
p
Residential care facility, for the chronically ill
Residential Care, 7 or more clients
P(6)
CUP(10)
Residential care facility, for the elderly
Swimming Pool, Hot Tub, Spa
A,S
A,S
A,S
A,S
Section 7,080
Work/Live
P(14)
P(10)
P(10)
Work/Live
Key to zone symbols
R2 - Residential 2 R4 - Residential 4
R3 - Residential 3 R5 - Residential 5
RESIDENTIAL
Dwelling, Multiple
CUP
p
Dwelling, Accessorykesgad-w*
P ASS
Section 7.030
A S
Section 7.035
Dwelling, Single
p
Home Occupation
A,S(2)
A,S(2)
A,S(2)
A,S(2)
Section 7.050
Residential care, 7 or more clients
P(10)
P(10)
P
CUP(10)
Residential care facility, adult
P(Q)
P(6)
CUP(10)
Residential care facility, for the chronically ill
P(6)
P(6)
CUP(10)
Residential care facility, for the elderly
P(6)
P(6)
CUP(10)
Residential in mixed use building
P(10)
P(14)
P(10)
P(10)
Work/Live
P(6)
P(6)
p
P(6)
Key to zone symbols
MUIA - Mixed Use 1A
MUIB - Mixed Use 113
MUIC - Mixed Use 1C
MU2 —Mixed Use 2
IN
All accessory dwellings must comply with the following standards:
A. lypq of Unit. An accessory dwelling within an existing principal dwelling or
accessory structure on the property; may be added to o principal dvm*UinQ or accessory structure;
or may be built as a structure separate from any existing structure on the property.
B. Size of Unit. The maximum allowable living area ofthe accessory unit is 640 720 square feet.
"Living area' is the interior habitable area ofthe accessory unit including basements and attics
but not including garages. Living area shall be measured from the interior side Vfthe exterior
walls ofthe building.
C. the addition of an accessory dwelling unit, current parking standards at
the time ofthe addition must bemet for both the principal and accessory dwelling unit. When a.
D, Foundation Reguired Accessory dwellings must be permanent structures located on o
permanent foundation.
E. Setbacks, Accessory dwellings attached tothe principal dvvel|ingn)umt comply with the principal
dwelling setbacks of the zoning district. Detached accessory dwellings must comply with the
setbacks ofaccessory structures. No setback shall bg_jgggj[gqjgL�����
F. EP2ajkjM One M> off-street parkinq space shall be provided for each bedroom or other room
suitable for sleeping purposes within the accessory dwelling. This parking requirement shall be in
addition to the requirement for the principal dwelling.
1^ The accessory dwelling unit is located within one-half mile nf niffilin trn Sit,
s service with scheduled
2, The accessory dwelling Unit is within the existinn nnmnry residence or an existing
3, The accessorV dwelling unit is located within a designated historic district or on the
4, When on -street parki ermits are re uired but not offered to the o ant of the
5,
service available to all qualified drivers in a communit with no s--- ate written
19
service location,
G. Ppgn Space. An Parcels on which accessory dwellings are built shall have a minimum of one
hundred (100) square feet of useable open space available for use b occtinants of the u
H. Architecture. An accessory dwelling shall be designed to be compatible with or—exGeed the
architectural richness of existing development in the immediate »idOKx or principal dwelling on
the site. This shall ino|ud architectural featunea, colors, and building
materials. New accessory dwellings constructed above the ground floor shall be designed to
reasonably preserve the privacy ofadjacent property owners.
i be approved prior to
construction ofthe principal dwelling ifin conjunctionwith the concurrent development offour or
fewer parcels.
1
A. Number of Units Allowed. Only one accessm dweilin( unit o 'unior accessor dwelling tinit
B.
when the home is owned or o,;, I ay a gipoyLernment �ae i �Iand �trust
C, Location of Junior Accesso Dwelli, . iunior accessor dwelli unit must be created
within the existill i I walls of an existi dweiii and must include conversion of an
E. Interior Ent!Y Remains, The interior connection to the main living area must be maintained but
a second door mA%t be added for sound attenuation,
F. Kitchen Reciulrements, Junior accessor dwelfinQ Units shall include an efficienny tr. Pn
1^
2,
H. Maximum Unit Size. The MaXiMLIM unit sizA rn him --------- dwelfit i unit is five hundred
J.
nit shall not be considered a separate or new dwellin
K. No Water Connection Fees. No water connection fee is reguired for the develo ment of
No Sewer Connection Fee. No sewer connection fee is reguired for the develo ment of n hininr
L.
M.
Rentals. All rentals of accessor dwelling units shall be for a term of more than 30 a s,
11111111 1!11 1111111141 1 '"!j
Use
Number of Parking Spaces Required
Dwelling-AccessoryASeGGPA
1 covered or uncovered plus
unit
Parking for other dwellings onsite consistent with current parking
requirements
See Specific use re iulations in Section 7.030
DweUin@,AGceeao An attached or detached residential dwelling unit which provides
complete independent living faoU|hao for one or more persons with permanent provisions for |iving,
sleeping, oating, cooking and sanitation on the same parcel as that on which the single household
dwelling is situated and meeting the requirements of Section 7.030.
feet in size and contained Pnfirplv
within an Z structure and Ig the r luirements of Section 7.0
anitation facilities with
2l
RECOMMENDING THE CITY COUNCIL AMEND THE TEXT
OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S.,
CHAPTER
s. 4.030 ALLOWABLE a AND PERMIT ' Er
CHAPTER 7 SEC• 7.030 ACCESSORY DWELLINGS,
CHAPTER I I SECTION 11.060 - NUMBER OF AUTOMOBILE AND BICYCLE PARKING SPACES REQUIRED,
CHAPTER GLOSSARY,AND 1 ♦ NEW SECTION1• ACCESSORY DWELLING
ASSEMBLYUNITS TO ADDRESS CONSISTENCY WITH CALIFORNIA SENATE BILL 1069, BILL 2299,
AND ASSEMBLY BILL 2406 REGARDING ACCESSORY DWELLING UNITS
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 1ZO unless the Planning Commission and City Council find the amendment to be in
conformity with the General Plan; and
WHEREAS, The State of California, recognizing the importance of Accessory Dwelling Units in
addressing California's severe housing crisis, amended Government Code Section 65852.2 and added
Section 65852,22 to help reduce development barriers and expand potential capacity to build
Accessory Dwelling Units and Junior Accessory Dwelling Units respectively; and
WHEREAS, California Senate Bill 1069 was signed into law on September 27, 2016 and became
effective on January 1, 2017; and
WHEREAS, Chapter 720, Statutes of 2016 (SB 1069 - Wieckowski) makes several changes
regarding parking requirements, utility connection fees and Accessory Dwelling Units repurposing
existing single-family space; and
WHEREAS, California Assembly Bill 2299 was signed into law on September 27, 2016 and became
effective on January 1, 2017; and
WHEREAS, Chapter 735, Statutes of 2016 (AB 2299 - Bloom) makes several changes including
various parameters on local ordinances for permitting Accessory Dwelling Units such as setbacks for
converted garages, passageway prohibitions and parking; and
WHEREAS, California Assembly Bill 2406 was signed into law on September 28, 2016 and became
effective on September 28, 2016; and
WHEREAS, Chapter 755, Statutes of 2016 (AB 2406 - Thurmond) adds a new section to planning
and zoning law for the creation of Junior Accessory Dwelling Units under specified conditions; and
WHEREAS, In order to bring local regulations into compliance with the above changes to State
law regarding Accessory Dwelling Units and Junior Accessory Dwelling Units, staff recommends text
amendments to the City's Implementing Zoning Ordinance Chapter 4, Section 4.030 - Allowable Land
Uses and Permit Requirements, Chapter 7 Section 7.030 - Accessory Dwellings, Chapter 1 1 Section
11.060 - Number of Automobile and Bicycle Parking Spaces Required, Chapter 28 - Glossary and the
creation of a new Chapter 7 Section 7.035 - Junior Accessory Dwelling Units, to adhere to all applicable
requirements of the State bills; and
Planning Commission Resolution No. 2017-10 Page 1
WHEREAS, on May ll, 2017' public notice of the May 23, 2017 Planning Commission meeting to
consider the amendments was published in the Argus -Courier and sent fo all members of the public on
the interested parties list for this item; and
WHEREAS, on May 23,2Dl7. the Planning Commission held a duly noticed public hearing in
accordance with Chapter 25 of the Implemenfing Zoning Ordinance to consider the amendments,
NOW THEREFORE 8EKRESOLVED bvthe Planning Commission cufollows:
The proposed amendments to the CUvn implementing Zoning Ordinance Chapter 4,
Section 4.030 - Allowable Land Uses and Permit Requirements, Chapter 7 Section 7,030 -
Accessory Dwellings, Chapter 11 Section 11.060 - Number of Automobile and Bicycle
Pa/king Spaces Required, Chapter 28- Glossary and the creation of a new Chapter
Section 7.035 - Junior Accessory Dv/e|UDg Units contained in Exhibit /\ are in Qoneno|
conformity with the Petaluma General Plan 2025 in that these changes may implement
the goals, policies, and programs of the 2015-2023 Housing.Element that seek to promote
arange ofhousing types tomeet the housing needs wfall Peto|onnmns.
2. The proposed amendments are consistent with the public necessity, convenience and
welfare in that they ensure Peta|uma's land use and zoning regulations are in
compliance with Government Code Sections 65852.2 and 65852.22.
3. The proposed amendments, attached hereto as Exhibit /\, 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 proposed zoning text amendments are exempt from CEQA pursuant to CBQA
Guidelines Section 15282(h[ which states that the adopfion of an ordinance regarding
second units in o single-family ormultifamily residential zone by o city or county to
implement the p[nv1s|oDo of Sections 66852.1 and 66852.2nfthe Government Code is
statutorily exempt from the requirements ofCEQA.
Planning Commission Rexoluho»No, xo|7'10 Page
wen.nvomm.
11e.1 EMMMEM
Commission Member
Aye
No
Absent
Abstain
Counclimember Albertson
X
Benedetti-Petnic
x
Chair Gomez
x
Lin
x
Vice Chair Marzo
x
Pierre
x
Wolpert
x
ATTEST:
Diana Gomez, Chair
APPROVED AS TO FORM:
*eather Hines, ommission Secretary Lisa Tennenb um, Assistant City Attorney
Planning Commission Resolution No. 2017-10 Page 3
Eahit�it I
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., CHAPTER 4 SECTION 4.030 —
ALLOWABLE LAND USES AND PERMIT REQUIREMENTS, CHAPTER 7 SECTION 7.030 ACCESSORY
DWELLINGS, CHAPTER 11 SECTION 11.060 -- NUMBER OF AUTOMOBILE AND BICYCLE PARKING
SPACES, REQUIRED, CHAPTER 28 — GLOSSARY, AND CREATE A NEW SECTION 7.035 — JUNIOR
ACCESSORY DWELLING UNITS TO ADDRESS CONSISTENCY WITH CALIFORNIA SENATE BILL 1069,
ASSEMBLY BILL 2299, AND ASSEMBLY BILL 2406 REGARDING ACCESSORY DWELLING UNITS
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 State of California, recognizing the importance of Accessory Dwelling Units in
addressing California's severe housing crisis, amended Government Code Section 65852,2 and added
Section 65852.22 to help reduce development barriers and expand potential capacity to build
Accessory Dwelling Units and Junior Accessory Dwelling Units respectively; and
WHEREAS, California Senate Bill 1069 was signed into law on September 27, 2016 and became
effective on January 1, 2017; and
WHEREAS, Chapter 720, Statutes of 2016 (SB 1069 — Wieckowski) makes several changes regarding
parking requirements, utility connection fees and Accessory Dwelling Units repurposing existing single-
family space; and
WHEREAS, California Assembly Bill 2299 was signed into law on September 27, 2016 and became
effective on January 1, 2017; and
WHEREAS, Chapter 735, Statutes of 2016 (AB 2299 — Bloomy makes several changes affecting local
ordinances for permitting Accessory Dwelling Units, including such requirements as setbacks for
converted garages, passageway prohibitions and parking; and
WHEREAS, California Assembly Bill 2406 was signed into law on September 28, 2016 and became
effective on September 28, 2016; and
WHEREAS, Chapter 755, Statutes of 2016 (AB 2406 — Thurmond) adds a new section to state planning
and zoning law for the creation of Junior Accessory Dwelling Units under specified conditions; and
WHEREAS, in order to ensure local regulations comply with the above changes to State law, staff
recommends text amendments to the City's Implementing Zoning Ordinance, Ordinance 2300 N.C.S.,
Chapter 4, Section 4.030 — Allowable Land Uses and Permit Requirements, Chapter 7 Section 7,030
Accessory Dwellings, Chapter 11 Section 11.060 — Number of Automobile and Bicycle Parking Spaces
Planning Commission Resolution No. 2017-10 Page 4
Required, Chapter 28 —Glussary and the creation of new Chapter 7 Section 7.035 —]uninr Accessory
Dwelling Units to adhere to all applicable state law requirements; and
WHEREAS, a public notice of the May 33/ 2017 public hearing before the Planning Commission to
consider the amendments was published in the Argus -Courier on May 11, 2017; and,
WHEREAS, on May 23, 2017, the Planning Commission held o duly -noticed public hearing in
accordance with the City ofPetaluma Implementing Zoning Ordinance, Section 25.OSO,and
,
WHEREAS, after the conclusion of said public hearing, the Planning Commission adopted its Resolution
No. 2017-XX,recommending that the City Council adopt the amendments; and
WHEREAS, The proposed zoning text amendments are exempt from CE[A pursuant to CE{lA
Guidelines Section 15282/h\, which states that the adoption of an ordinance regarding second units in
a single-family or multifamily residential zone by a city or county to |rnpl8n)eDt the provision of
Sections 65852.1 and 65852,2 of the Government Code is statutorily exempt from the requirements of
WHEREAS, on XXXX XX, 2017, e public notice nfthe XXXXXX, 2017 public hearing before the City
Council to consider the amendments was published in the Argus -Courier; and,
WHEREAS, on XXXX XX. 2017, the City Council ofthe City of Petaluma held a dVk/ noticed public
hearing to consider the amendments; and
Section 1. FINDINGS, The City Council of the City of Petaluma hereby finds:
1. The provisions amending the |ZO, Table of Contents, Chapter 4, Section 4.030 —
Aj�|nvKab|e Land Uses and Permit Requirements, Chapter 7, Section 7.030\ Accessory
Dwelling Units, addition of Chapter 7, Section 7.035Junior Accessory Dwelling Units,
and Chapter 28— Glossary, as hereinafter set forth, (collectively, "the amendments"),
are in general conformity with the Petaluma General Plan 2025 in that these changes
implement the goe|a/ policies, and programs of the 2015-2023 Housing Element that
seek to promote a range of housing types to meet the housing needs of all Petalumans,
2. The proposed amendments are consistent with the public necessity, convenience and
welfare in that they ensure Petaluma/ |8Dd use and zoning regulations are in
compliance with Government Code Sections 65852.2 and 65852.22.
3. The proposed zoning text amendments are exempt from CEQA pursuant to CE(lA
Guidelines Section 1S282(h),which states that the adoption of anordinance regarding
second units in a single-family or nnukhfarni|y residential zone by city o[county to
implement the provisions of Sections 65052.1 and 65852.2 of the Government Code is
statutorily exempt from the requirements ofCE[A.
Planning Commission Resolution No. 2017-10 Page
Section 2. The Table of Contents of the City of Petaluma |rnp|en000Ung Zoning Ordinance,
Ordinance No, 2300 N.C,S. is hereby amended to read as follows:
Chapter Standards for Specific Land Uses 7-1
7,010 - Purpose
7,020 - Applicability
7,030 - Accessory Dwellings Units
7,035 - Junior Accessory Dwelling Units
7,040 - Dwelling Group
7,050 - Home occupation Permit
T060 - Large Family Child Day Care
7,070 - Short -Term Activities
7,080 - Swimming Pools, Hot Tubs, and Spas
7.090 - Telecommunication Facilities
7,100 - Bed and Breakfast Inns
7 110 - Short -Term Vacation Rentals
Planning Commission Resolution No. uol7'ln Page
Section Seotnn 4.030 — Allowable Land Uses and Permit Requirements Table 4.1
--------
Residential Land Use Types of the City of Petaluma Implementing Zoning Ordinance, Ordinance No,
Z3OON.C.S.|shereby amended toread asfollows:
Natural and Rural Zones
a-tur6VOd 13
Ose
LAN
RESIDENTIAL
Dwelling, Accessory
A,S A,S A,S
Section 7,030
Dwelling, Junior Accessory
Section 7.035
Dwelling, Caretaker
Dwelling, Group
S(5) S(5)
Section 7.040
Dwelling, Multiple
Residential Care, 6 or tewer clients, in a home
P P
Residential Care, 7 or more clients
Swimming Pool, Hot Tub, Spa
A's A,S
Key tozone symbols
���
��'Opo �yoo . RR'Residential
AG - Agriculture Ri Residential I
Planning Commission Resolution No, ool7-1O Page
Section 4. Section 4.030 — Allowable Land Uses and Permit Requirements Table 4.2
Residential Land Use Types of the City of Petaluma implementing Zoning Ordinance, Ordinance No,
2300 N.C.S. is hereby amended to read as follows:
RESIDENTIAL
Dwelling, Accessory
A,S
A,S
A,S
—
Section 7.030
Dwelling, Junior Accessory
&8
&S
A,S
—
Section 7.035
Dwelling, Group
S(5)
S(5)
—
Section 7.040
Dwelling, Multiple
P
P
P
Dwelling, Single Household
P
P
P
P
Home Occupation
A,S(2)
A,S(2)
A,S(2)
A,S(2)
Section 7.050
Residential, Accessory Structure
A
A
A
A
Residential Care, 6 or fewer clients, in a home
P
P
P
P
Residential Care, 7 or more clients
Swimming Pool, Hot Tub, Spa
A,S
&S
A,S
A,S
Section 7.080
Work/Live
Key to zone symbols
R2 - Residential 2
R3- Residential 3
R4 • Residential 4
R5 • Residential 5
Planning Commission Resolution Na. 2017-10 Page 8
Section 5. Section 4,030 — Allowable Land Uses and Permit Requirements Table 43
Residential Land Use Types of the City of Petaluma Implementing Zoning Ordinance, Ordinance No.
2300 N.C.S. is hereby amended to read as follows:
Dwelling, Multiple
CUP
P
Dwelling, Accessory/seGond-unit
A,S
Section 7,030
Dwelling, Junior Accessory
A,S
Section 7.036
Dwelling, Single
P
-
-Section
Home Occupation
A,S(2)
A,S(2)
A,S(2)
A,S(2) 7,050
Residential care, 7 or more clients
P(10)
P(10)
P
—CUP(10)
Residential care facility, adult
P(6)
P(6)
CUP00)
Residential care facility, for the chronically M
P(6)
P(6)
—CUP(10)
Residential care facility, for the elderly
P(6)
P(6)
CUP(10)
Residential in mixed use building
P(10)
P(14)
P(10)
P(10)'
Work/Live
P(6)
I P(6) I
P
P(6)
Key to zone symbols
MWA - Mixed Use 1A
MUiB - Mixed Use 1 B
MUT - Mixed Use 1C
MU2 - Mixed Use 2
Planning Commission Resolution No. 2017-10
Page 9
Section 6. Section 7J030 — Accessory Dwellings of the —� of Petaluma Implementing
Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows:
7,030 - Accessory Dwelling Units
All accessory dwelling units must comply with the following standards:
& Type of Unit. An accessory dwelling may be created within an existing principal dwelling or
accessory structure on the property; may be added to a principal dwelling or accessory structure;
or may be built as a structure separate from any existing structure on the property,
B. Size ofUnit, The maximum allowable living area mfthe accessory unit is 720 square feet, "Living
area" is the interior habitable area of the accessory unit including basements and attics but not
including garages. Living area shall be measured from the interior side of the exterior walls of the
C. Existing Parking. With the addition ofonaccessory dwelling unit. current parking standards at
the time of the addition must be met for both the principal and accessory dwelling UKiL When a
garage, carport, orcovered parking tnVct oaisdemo|ished|noVnjuncUonVViththeoonetruohoOof
an accessory dwelling unit the off-street parking apooem formerly provided by the demolished
structure shall bereplaced. The replacement spaces may belocated |nany configuration oothe
eon?e lot as the accessory dVVeU|Dg unit including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking Ufta
(Consistent with Section 11.O70.
D. Foundation Required. Accessory dwellings must be permanent structures located on a
permanent foundation.
E Setbacks. Accessory dwellings attached to the principaldwelli with the
dwelling setbacks of the zoning district. Detached accessory dwellings must comply with the
setbacks of accessory structures. No setback shall be required for an existing garage that is
converted to an accessory dwelling unit and a setback of no more than five feet from the side and
rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage,
F. Parking. One off-street parking space shall be provided for each bedroom or other room
suitable for sleeping purposeswithin the accessory dwelling. This parking requirement ahaUbein
addition to the requirement for the principal dwelling. Parking is not required in the following
circumstances:
1. The accessorydwelling unit is located within mile nfpublic transit,
a. For the purposes ofthis provision, public transit is defined aaaSMART
rail station, the Petaluma Transit Mall, mrabus stop that has service with
scheduled stops every 20minutes onweekdays.
2. The accessory dwelling unit is within the existing primary residence or an existing
accessory structure.
3. The accessory dwelling unit is located within o designated historic district or on the^
property of an individually designated historic landmark (local, state, or federally -
designated landmark nrdiobid).
4. When on -street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
5. When there ieacar share vehicle located within one block ofthe accessory dwelling
unit,
m. For the purposes ofthis provision, car share |0defined anamembership-
based service available to all qualified drivers in u community with no
Planning Commission Resolution No. 2017-10 Page 10
separate written agreement required for each time a member reserves
and uses a vehicle and vehicles are available 24 -hours a day, 7 days a
week at a designated, self-service location,
G. Open Space. Parcels on which accessory dwellings are built shall have a minimum of one
hundred (100) square feet of useable open space available for use by occupants of the unit,
independent of the primary residence's requirement.
H. Architecture. An accessory dwelling shall be designed to be compatible with the architectural
richness of existing development in the immediate vicinity or principal dwelling on the site. This
shall include architectural features, colors, and building materials. New accessory dwellings
constructed above the ground floor shall be designed to reasonably preserve the privacy of
adjacent property owners,
1, Gonstruction Prior to Principal Dwelling. An accessory dwelling may be approved prior to
construction of the principal dwelling if in conjunction with the concurrent development of four or
fewer parcels.
J. Historic, Applications for accessory dwellings at designated landmark sites or within a
designated historic district are subject to Chapter 15: Preservation of the Cultural and Historic
Environment.
K. Rentals. All rentals of accessory dwelling units shall be for a term, of more than 30 days.
Section 7. Section 7,035 — Junior Accessory Dwelling Units is hereby added to the City of
Petaluma implementing Zoning Ordinance, Ordinance No. 2300 N.C,S, to read as follows:
7.035 - Junior Accessory Dwelling Units
All junior accessory dwelling units shall comply with the following standards:
A. Number of Units Allowed: Only one accessory dwelling unit or junior accessory dwelling unit
may be located on any residentially zoned lot that permits a single-family dwelling. A junior
accessory dwelling unit may only be located on a lot which already contains one legal single-
family dwelling,
B. Owner Occupancy: The owner of the parcel proposed for a junior accessory dwelling unit shall
occupy as a principal residence either the primary dwelling or the accessory dwelling, except
when the home is owned or operated by a government agency, land trust, or non-profit housing
organization for use as affordable housing.
C. Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created
within the existing walls of an existing primary dwelling, and must include conversion of an
existing bedroom.
D. Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory
dwelling unit.
E. Interior Entry Remains: The interior connection to the main living area must be maintained, but
a second door may be added for sound attenuation.
Planning Commission Resolution No. 2017-10 Page 11
3Z
F. Kitchen Requirements: Junior accessory dwelling units shall include an efficiency kitchen,
including and limited to the following components:
1, A sink with a maximum waste line diameter of one -and -a -half (1.5) inches,
2. A cooking facility with appliances which do not require electrical service greater than
one -hundred -and -twenty (120) volts or natural or propane gas, and
3. A food preparation counter and storage cabinets that are reasonable to size of the unit,
G. Parking: No additional parking requirements apply beyond those that apply to the existing
primary dwelling.
H. Maximum Unit Size: The maximum unit size for a junior accessory dwelling unit is five hundred
(500) square feet.
1. Setbacks: Setbacks are as required for the primary dwelling unit.
J. Fire Sprinklers and Fire Attenuation: For the purposes of any fire or life protection ordinance or
regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling
unit.
K. No Water Connection Fees: No water connection fee is required for the development of a junior
accessory dwelling unit,
L. No Sewer Connection Fee: No sewer connection fees required for the development of a junior
accessory dwelling unit,
M. Rentals. All rentals of accessory dwelling units shall be for a term of more than 30 days.
Section 8. Section 11.060 — Number of Automobile and Bicycle Parking Spaces Required
Table 11.1 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No, 2300 N,C.S, is
hereby amended to read as follows:
Table 11.1
Use
Number of Parking Spaces Required
Dwelling -Accessory
1 covered or uncovered plus
Parking for other dwellings onsite consistent with current parking requirements
See specific use regulations in Section 7,030
Section 9. Chapter 28, Glossary of the Implementing Zoning Ordinance, Ordinance No.
2300 N.C.S., definition of "Dwelling, Accessory/Second Unit" is hereby amended to read as follows:
Dwelling, Accessory. An attached or detached residential dwelling unit which provides complete
independent living facilities for one or more persons with permanent provisions for living, sleeping, eating,
cooking and sanitation on the same parcel as that on which the single household dwelling is situated and
meeting the requirements of Section 7.030,
Planning Commission Resolution No. 2017-10 Page 12
'35
Section 10. Chapter 28, Glossary Ofthe Implementing Zoning Ordinance, Ordinance No,
2300 N,C6.,definition of "Dwe|Ung,Junior Accessory" is hereby added to read as follows:
Junior Accessory. Aunit that ksnomore than 5OUsquare feet insize and contained entirely
within an existing single-family structure and meeting the requirements of Section 7,035. A junior accessory
dwelling unit may include separate sanitation feciUUee, or may share sanitation facilities with the existing
structure.
Section 11, 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 12. Severability. If any subsection, sentence, clause,phrase o[word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise Invalid by g 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 13, Effective Date. This ordinance shall become effective thirty (3U)days after the
date of
adoption 6«the Petaluma City Council.
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Section :14. Posting/Publishing of Notice, The City Clerk |s hereby directed to publish or post
this ordinance ora synopsis for the period and in the manner provided by the City Charter and other
applicable law,
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