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Home My WebLink AboutOrdinance 2621 N.C.S. 08/07/2017EFFECTIVE DATE ORDINANCE NO. 2621 N.C.S. OF ORDINANCE September 7, 2017 Introduced by Seconded by Teresa Barrett Kathy Miller 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 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 - 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 Ordinance No. 2621 N.C.S. Page 1 49 50 51 52 53 54 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 Required, Chapter 28 - Glossary and the creation of a new Chapter 7 Section 7.035 - Junior Accessory Dwelling Units to adhere to all applicable state law requirements; and WHEREAS, a public notice of the May 23, 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 a duly -noticed public hearing in accordance with the City of Petaluma IZO, Section 25.050; and, WHEREAS, 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 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 provision of Sections 65852.1 and 65852,2 of the Government Code is statutorily exempt from the requirements of CEQA.; and, WHEREAS, on July 6, 2017, a public notice of the July 17, 2017 public hearing before the City Council to consider the amendments was published in the Argus -Courier; and, WHEREAS, on July 17, 2017, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. FINDINGS, The City Council of the City of Petaluma hereby finds: The provisions amending the IZO, Table of Contents, Chapter 4, Section 4.030 - Allowable Land Uses and Permit Requirements, Chapter 7, Section 7.030, 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 of all Petalumans. 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 Government Code Sections 65852.2 and 65852.22. 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 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. Ordinance No. 2621 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 Section 2. The Table of Contents of the City of Petaluma IZO, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: enting coning vrainance iapie vi %,vmema Chapter 7 I Standards for Specific Land Uses 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 7.060 - 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 7.1 Section 3. Section 4.030 — Allowable Land Uses and Permit Requirements Table 4.1 Residential Land Use Types of the City of Petaluma IZO, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: Natural and Rural Zones TABLE 41 Allowed Land Uses and Permit Requirements for Natural and Rural Zones P(16) Permitted Use CUP Conditional Use Permit Required S Permit Requirement In Specific Use Regulations: A Accessory Use — use Not Allowed LAND USE TYPE (1) Permit Required byZone Specific use Regulations OSP ` AG I RR R1 ` RESIDENTIAL Dwelling, Accessory — A,S A,S A,S Section 7.030 Dwelling, Junior Accessory — A,S A,S A,S Section 7,035 Dwelling, Caretaker — — — — Dwelling, Group — — S(5) S(5) Section 7,040 Dwelling, Multiple — — — — Dwelling, Single Household — P P P Home Occupation — A,S(2) A,S(2) A,S(2) Section 7.050 Residential, Accessory Structure — A A A Residential Care, 6 or fewer clients, in a home — — P P Residential Care, 7 or more clients — — I — I — Swimming Pool, Hot Tub, Spa — A,S+±_ ,S Work/Live — — — Key to zone symbols OS - Open Space AG - Agriculture Ordinance No. 2621 N.C.S. RR - Rural Residential R1 - Residential 1 Page 3 1 2 3 4 5 6 b 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 4. Section 4.030 — Allowable Land Uses and Permit Requirements Table 4.2 Residential Land Use Types of the City of Petaluma IZO, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: Residential Zones TABLE 4.2 Allowed Land Uses and Permit Requirements for Residential Uses P(16) CUP S A _ Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory use Use Not Allowed LAND USE TYPE (1) Permit Required by Zone specific use Regulations R2': R3 R4 R5 RESIDENTIAL Dwelling, Accessory A,S A,S A,S — Section 7.030 Dwelling, Junior Accessory A,S A,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 A,S A,S A,S Section 7,080 Work/Live — I — I — — Key to zone symbols R2 - Residential 2 R4 - Residential 4 R3 - Residential 3 R5 - Residential 5 Ordinance No. 2621 N.C.S. Page 4 1 2 3 4 Section 5. Section 4.030 — Allowable Land Uses and Permit Requirements Table 4.3 Residential Land Use Types of the City of Petaluma IZO, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: Mixed Use Zones TABLE 4,3 Allowed Land Uses and Permit Requirements for Mixed Use Zones P(16) CUP S A — Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory use: Use 'Not Allowed LAND USE TYPE 1) Permit Required by Zone Specific use Regulations MU1A MU1B I MU1C I MU2 RESIDENTIAL Dwelling, Multiple CUP — P — Dwelling, Accessory4ecend-uW — — A,S — Section 7.030 Dwelling, Junior Accessory — — 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(6) 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 MU1A - Mixed Use 1A MU1C - Mixed Use 1C 5 MU1B - Mixed Use 1B MU2 • Mixed Use 2 6 7 Section 6. Section 7.030 — Accessory Dwellings of the City of Petaluma IZO, 8 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: A. 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 of Unit. The maximum allowable living area of the 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 building. C. Existing Parking. With the addition of an accessory dwelling unit, current parking standards at the time of the addition must be met for both the principal and accessory dwelling unit. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit the Ordinance No. 2621 N.C.S. Page 5 off-street parking spaces formerly provided by the demolished structure shall 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 spaces, or tandem spaces, or by the use of mechanical automobile parking lifts (Consistent with Section 11.070). D. Foundation Required. Accessory dwellings must be permanent structures located on a permanent foundation. E. Setbacks. Accessory dwellings attached to the principal dwelling must comply with the principal 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 (1) off-street parking 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. Parking is not required in the following circumstances; 1. The accessory dwelling unit is located within one-half mile of public transit. a. For the purposes of this provision, public transit is defined as a SMART rail station, the Petaluma Transit Mall, or the Eastside Transit Center. 2. The accessory dwelling unit is within the existing primary residence or an existing accessory structure. 3. The accessory dwelling unit is located within a designated historic district or on the property of an individually designated historic landmark (local, state, or federally -designated landmark or district). 4, When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. 5. When there is a car share vehicle located within one block of the accessory dwelling unit. a. For the purposes of this provision, car share is defined as a membership -based service available to all qualified drivers in a community with no 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 Ordinance No. 2621 N.C.S. Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 building materials. New accessory dwellings constructed above the ground floor shall be designed to reasonably preserve the privacy of adjacent property owners. I. Construction 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 IZO, 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, 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 Ordinance No, 2621 N.C.S. Page 7 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. I. 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 fee is 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 IZO, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: 11.060 - Number of Automobile and Bicycle Parking Spaces Required T... L.1.. 1 1 1 Use Number of Parking Spaces Required Dwelling -Accessory 1 covered or uncovered plus Parking for other dwellings onsite consistent with current parking requirements Seespecific use regulations in Section 7,030 Section 9. Chapter 28, Glossary of the IZO, 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. Section 10. Chapter 28, Glossary of the IZO, Ordinance No. 2300 N.C.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, Ordinance No. 2621 N.C.S. Page 8 24 25 26 27 or may share sanitation facilities with the existing structure. Section 11. Except as amended herein, the City of Petaluma IZO, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 12. 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 13. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 14. 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. INTRODUCED, and ordered posted/published, this 17th day of July, 2017. ADOPTED this 71h day of August, 2017, by the following vote: Ayes: 28 Noes: 29 Abstain 30 Absent: 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller None None None / Z,L David Glass, Mayor APPROVED AS TO FORM: Claire Cooper, City Clerk Eric W. Danly, City Attorney Ordinance No. 2621 N.C.S. Page 9