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Home My WebLink AboutStaff Report 6.C 07/15/2019DATE: July 15, 2019 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Ordinance Amending the Text of the Implementing Zoning Ordinance Section 7.030 (Accessory Dwelling Units), Section 7.110 (Short Term Vacation Rentals), and Table 11.1 (Parking Spaces Required) RECOMMENDATION It is recommended that the City Council introduce an Ordinance amending the text of the Implementing Zoning Ordinance Section 7.030 (Accessory Dwelling Units), Section 7.110 (Short Term Vacation Rentals), and Table 11.1 (Parking Spaces Required) to eliminate on -street parking requirements for new Accessory Dwelling Units (ADUs) and restrict the use of new ADUs as short-term vacation rentals. BACKGROUND In September 2017, the City Council adopted Ordinance 2621 N.C.S. which amended the IZO to ensure compliance with changes in state law associated with Accessory Dwelling Units (ADUs) (SB 1069, AB 2299, AB 2406). One of the significant changes in state legislation, was the elimination of required off-street parking for ADUs under specific conditions, including within a half -mile radius of transit and within designated historic districts. On April 2, 2018, the City of Petaluma adopted Urgency Ordinance No. 2645 N.C.S. to provide temporarW7 housing options for people displaced in the Sonoma Complex Fires, for workers needed for recovery and reconstruction efforts in Sonoma County, and for the preservation of the public peace, health and safety of the City of Petaluma and the community. The adoption of temporary Ordinance No. 2645 eliminated all requirements for onsite parking for the establishment of ADUs during the 12 -month effectiveness of the ordinance. On April 15, 2019, the City Council considered the effectiveness of the provisions included in Ordinance 2645 (City Council Staff Report, Attachment 4), including a doubling in the permitting of ADUs during the same 12 -month time frame over the previous year. In an effort to continue to incentivize ADUs, the City Council directed staff to process a zoning text amendment to codify changes to IZO Section 7.030 to eliminate onsite parking requirements for ADUs on a permanent basis. 1 On June 25, 2019, the Planning Commission considered the proposed text amendments and unanimously approved Resolution No. 2019-10 (Attachment 2) recommending City Council approval of the text amendments. DISCUSSION Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance and by California Government Code Section 65853. Chapter 25 provides that the Planning Commission may recommend zoning text amendments for approval to the City Council based on Planning Commission findings that the proposed amendments are in conformance with the City's General Plan and consistent with the public necessity, convenience, and general welfare. The proposed amendments are in response to direction from City Council to eliminate onsite parking requirements for new ADUs in an effort to incentivize the production of ADUs and encourage essential housing in Petaluma. The proposed amendments are explained below by each chapter. A redline of proposed modifications are provided at Attachment 5 and 6. Chapter 7 (Standards for Specific Land Uses). Chapter 7 of the IZO contains specific standards for both ADUs (Section 7.030) and Short -Term Vacation Rentals (Section 7.110). Specifically, the proposed text amendment modify Section 7.030.17 to eliminate the requirement to provide one additional off-street parking space for each bedroom within an accessory dwelling. The amendments also modifies Section 7.030.C, eliminating the need to bring the existing principal dwelling unit into full compliance with current on-site parking requirements in addition to parking for the new ADU. Beyond parking requirements, the proposed text amendments also modify Section 7.030(x) to provide clarification related to the use of ADUs as short-term vacation rentals. In 2017 the City Council amended Section 7.030 to be in compliance with changes in state law, which included an increase in the maximum square footage of new ADUs to 720 square feet. At that time the Council specified that any new ADU constructed under the new regulations should be prohibited from being rented as a short-term vacation rental in an effort to ensure that new ADUs supported Petaluma's rental housing stock. The current language in Section 7.030(K) does not clearly articulate that the restriction on short term vacation rentals only applies to ADUs constructed after the 2017 change. The proposed amendment to Section 7.030.K better clarifies this direction and explicitly prohibits the use of ADUs permitted after September 7, 2017 from being permitted as a short-term vacation rental. Proposed changes to Section 7.110.C.6 adds a correlating clarification of this limitation in the short-term vacation rental standards of the IZO. Table 11.1 (Number of Parking Spaces Required) Proposed changes to Table 11.1 correct the required parking for "Dwelling —Accessory" to correspond to the changes in Section 7.030. 2 Discussion Items As part of the Council's discussion of ADUs on April 15, 2019, there were several additional items mentioned as potential opportunities to further incentivize the construction of ADUs. While the specific text amendments do not extend beyond codifying the elimination of parking for new ADUs and clarifying that new ADDS shall not be permitted as short-term vacation rentals, the following clarifies items discussed by the Council. While ADUs are not deed restricted as affordable units, there is an assumption that ADUs are generally more affordable by design. New ADUs are counted as moderate income units for compliance with the Petaluma's Regional Housing Needs Assessment. Current development impact fees for a new Accessory Dwelling Unit are approximately $12,688 and are due at the time of occupancy. Fees for ADUs are less than half that for a new single Family unit, recognizing a reduced impact to City infrastructure and services as opposed to a single family home. The payment of impact fees is specified in the adopted fee resolutions and all residential uses are required to pay impact fees at the time of occupancy. The fee resolutions regarding payment of impact fees could be modified at the discretion of the City Council to stagger the payment of fees for ADUs over a specified time. However, once the unit is constructed and occupied, it can be difficult to collect outstanding fees. The proposed code amendments clean-up language prohibiting the use of newer ADUs (permitted after September 7, 2017) from being used for short-term vacation rentals. While the code changes formalize the requirements, disclosure and enforcement are equally important to ensuring that new ADUs remain part of the City's rental housing stock. Staff is initiating internal procedures to ensure that new ADUs are not permitted or rented as short-term vacation rentals, such as disclosing the limitation on the use of new ADUs on all building permit approvals, maintaining a list of ADU permits issued since September 2017 to cross reference with all new short-term vacation rental permits, and including language on all short-term vacation rental handouts and applications indicating that newer ADUs cannot be rented for periods of less than 30 days. As part of SB2 grant funding, staff has begun looking at developing plans for permit ready ADUs to further reduce costs associated with establishing new ADUs. Permit ready plans would provide architectural and structural plans for detached ADU structures that could be customized with variation in exterior materials to fit the context of the property and principal dwelling. Some site-specific plans would still be required, but the permit ready plans would significantly decrease soft costs and minimize permit review time and costs. CITY GOALS The proposed text amendments are targeted at facilitating the increased production of ADUs in Petaluma. This is in turn is consistent with objectives found in the recently adopted City Goals, including: • Preserve and protect Petaluma's environment with smart and efficient use of resources. • Create diverse housing opportunities for all Petalumans. 3 ENVIRONMENTAL REVIEW The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendment only modifies parking requirements for an allowable use in specified zoning district and CEQA does not consider parking an environmental impact. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. PUBLIC OUTREACH Public notice was published in an ad in the Argus Courier on July 4, 2019. No specific public N omment has been received in response to this public notice as of preparation of this report. FINANCIAL IMPACTS ATTACHMENTS Attachment 1: Draft Ordinance Attachment 2: Planning Commission Resolution No. 2019-10 Attachment 3: Planning Commission Staff Report, June 25, 2019 Attachment 4: City Council Staff Report, April 15, 2019 Attachment 5: Redline of Proposed Amendments to IZO Sections 7.030 and 7.110 Attachment 6: Redline of Proposed Amendments to IZO Table 11.1 0 ATTACHMENT 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUIVIA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., SECTION 7.030 (ACCESSORY DWELLING UNITS), SECTION 7.110 (SHORT TERM VACATION RENTALS), AND TABLE 11.1 (PARKING SPACES REQURIED) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in pertinent part that no amendment that regulates matters listed in Government Code § 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 April 2, 2018 the City Council adopted Urgency Ordinance No. 2645 N.C.S. to provide temporary housing options for people displaces in the Sonoma Complex Fires, for workers needed for recovery and reconstruction efforts in Sonoma County, and for the preservation of the public peace, health, and safety of the City of Petaluma and its citizens; and WHEREAS, Ordinance No. 2645 eliminated off street parking requirements for the construction of new Accessory Dwelling Units (ADU) for a period of one year; and WHEREAS, Ordinance No. 2645 sunsetted on April 1, 2019 at which time parking requirements for new ADUs reverted to the parking standards outlined in Implementing Zoning Ordinance Section 7.030 and Table 11.1; and WHEREAS, on April 15, 2019 at a duly noticed public meeting the City Council considered the effectiveness of the provision of Ordinance No. 2645; and WHEREAS, the City issued permits for 30 ADUs in 201.8 under the provisions of Ordinance No. 2645, approximately double the number of ADUs permitted in 2017; and WHEREAS, in an effort to incentivize increased ADU construction in keeping with City policies to adjust the city's residential development standards to encourage a variety of housing types the City Council directed staff to codify changes to IZO Section 7.030 to eliminate onsite parking requirements for ADUs; and WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the zoning text amendment on June 25, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated June 25, 2019, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated by the Community Development Director. WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2019-10, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on July 4, 2019, a public notice of the July 15, 2019 public hearing before 1-1 ATTACHMENT 1 the City Council to consider the amendments was published as an eighth page ad in the Argus - Courier; and, WHEREAS, on July 15, 2019, 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 l: Findings. The City Council of the City of Petaluma hereby finds: 1. The proposed amendments to the Implementing Zoning Ordinance Section 7.030, 7.110,, and Table 11.1 are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the June 25, 2019 Planning Commission staff report. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of ADUs to provide essential housing for Petaluma residents, implementing the policies of the General Plan. 3. The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendment only modifies parking requirements for an allowable use in specified zoning district and CEQA does not consider parking an environmental impact. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. Section 2: Section 7.030 (Accessory Dwelling Units) of the City 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: 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. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit the off-street parking spaces formerly provided by the demolished structure S1141 be replaced. The replacement maybe 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). 1-2 ATTAMMENT 1 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. No additional parking requirements apply beyond what currently exists for the existing primary dwelling. 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. 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 accessory dwelling units permitted after September 7, 2017 shall only be rented for a term of more than 30 days. No accessory dwelling units permitted after September 7, 2017 shall be permitted as a short term vacation rental under Section 7.110. Section 3: Section 7.110.C.6 (Short Term Vacation Rentals) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: 7.110 —Short -Term Vacation Rentals C. Requirements Applicable to All Short -Term Vacation Rentals. 6. Accessory Dwelling Units. An accessory dwelling unit permitted after September 7, 2017 shall not be permitted as a Short -Term Vacation Rental, consistent with Section 7.030.J. Section 4: Table 11.1 (Parking Spaces Required) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: 1-3 ATTACHMENT 1 Table 11.1 Use 14 Number of Parking Spaces Required Artisan/Craft Product Manufacturing 1 space per 500 square feet of gross floor area Artisan Shop 1 for each 300 gross square feet of floor area Auto and Vehicle Sales 1 for each 400 square feet of gross floor area Auto Parts Sales 1 for each 300 gross square feet of floor area Banks and Financial Services 1 for each 300 gross square feet of floor area Bars, Taverns, Nightclubs 1 for each 2.5 seats Bed and Breakfast Inns 1 for each guest room plus 1 for the inn owner/manager Child Care Center 1 for each staff member (employee, parent volunteer, etc.) plus 1 loading/unloading space for each 10 children Commercial Recreation- Bowling Alleys 5 for each alley Commercial Recreation- Indoor. 1 for each 50 square feet of gross floor area Dance halls, coin operated amusement arcades, electronic games arcades, ice and roller skating, pool and billiard rooms. 1 for each 3.5 seats of maximum seating capacity, or Conference/Convention Facility 1 for each 60 square feet of gross floor area if there are no fixed seats No additional parking requirements apply beyond what currently exists for the Dwelling- Accessory existing primary dwelling See specific use regulations in Section 7.030 Dwelling- Single Household, 1 covered space plus including Attached Townhomes 2 additional covered or uncovered spaces Dwelling- Single Household 1 additional space for each additional bedroom over 4 bedrooms Addition of New Bedrooms Dwelling- Single Household Space(s) converted to living quarters replaced with covered or uncovered Conversion of Required Covered Parking to Living parking space Space Dwelling- Mobile Home Park 2 for each mobile home space in the park Dwellings- Multiple Household 1 which may be covered or uncovered for each bedroom, studio, or efficiency unit. In no case shall a project provide an overall parking ratio of less than 1.5 spaces per unit. ATTACHMENT 1 1-5 1 for each Pump Island, plus Fueling/Gas Stations 1 for each Service Bay, plus 1 for each Employee on the Maximum Shift 1 for each 5 seats for the aggregate number of seats provided in all assembly Funeral Homes, Mortuaries rooms of the mortuary General Retail Groceries, Specialty Foods 1 for each 300 square feet of gross floor area 1 for each living or sleeping unit plus Hotels and Motels 1 for the owner or manager 1 for each 1.5 employees plus Libraries, Museums and Art Galleries 1 for each 200 square feet of gross floor area Maintenance/Repair Service 1 for each 400 square feet of gross floor area Manufacturing/Processing 1 space per 500 square feet of gross floor area 1 for each 3 beds plus Medical Services- Health Care Facility 1 for each employee on the maximum shift plus Medical Services- Major 1 for each 2 staff doctors Medical Services- Minor 1 for each 200 square feet of gross floor area Offices- Business/Service, Government, Processing, Professional 1 for each 300 gross square feet of floor area Public/Civic Buildings and Grounds other than 1 for each 2 employees on the maximum shift Schools and Administrative Offices Religious Facilities 1 for each 4 seats Restaurant, Coffee Shop, Cafe 1 for each 2,5 seats Rooming, Boarding, Lodging Houses 1 for each bedroom School -Private 1 for each employee on the maximum shift Elementary and Junior High School -Private 1 for each employee on the maximum shift High School and College 1 for each 2 students 1 for each employee on the maximum shift School- Specialized Education and Training 1 for each 2 students 1 for each 3.5 seats of maximum seating capacity or Sports and Entertainment Assembly Facility 1 for each 60 square feet of gross floor area if there are no fixed seats 1 for each employee on the maximum shift Studio- Art, Dance, Martial Arts, Music 1 for each 2 students 1 for each 3.5 seats of maximum seating capacity, or Theater, Cinema or Performing Arts 1 for each 60 square feet of gross floor area if there are no fixed seats Vehicle Services- Major and Minor 1 for each 400 square feet of gross floor area Wholesaling and Warehouse 1 space per 500 square feet of gross floor area 1-5 ATTACHMENT 1 The number of spaces shall be determined by the Zoning Administrator Unspecified Uses of Buildings, Structures, or (Director) in accordance with the general purpose standards herein. All new Premises structures in Industrial zones shall provide no less than 35 spaces per acre of land Section 5: Except as amended herein, LY of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 6: 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 7: Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 8: 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 1-6 • ' ' • 'M "11P 9 RECOMMENDING THE CITY COUNCIL APPROVE A ZONING TEXT AMENDMENT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., SECTION 7.030 (ACCESSORY DWELLING UNITS), SECTION 7.110 (SHORT TERM VACATION RENTALS), AND TABLE 11.1 (PARKING SPACES REQURIED) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in pertinent part that no amendment that regulates matters listed in Government Code § 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 April 2, 2018 the City Council adopted Urgency Ordinance No. 2645 N.C.S. to provide temporary housing options for people displaces in the Sonoma Complex Fires, for workers needed for recovery and reconstruction efforts in Sonoma County, and for the preservation of the public peace, health, and safety of the City of Petaluma and its citizens; and WHEREAS, Ordinance No. 2645 eliminated off street parking requirements for the construction of new Accessory Dwelling Units (ADU) for a period of one year; and WHEREAS, Ordinance No. 2645 sunsetted on April 1, 2019 at which time parking requirements for new ADUs reverted to the parking standards outlined in Implementing Zoning Ordinance Section 7.030 and Table 11.1; and WHEREAS, on April 15, 2019 at a duly noticed public meeting the City Council considered the effectiveness of the provision of Ordinance No. 2645; and WHEREAS, the City issued permits for 30 ADUs in 2018 under the provisions of Ordinance No. 2645, approximately double the number of ADUs permitted in 2017; and WHEREAS, in an effort to incentivize increased ADU construction in keeping with City policies to adjust the city's residential development standards to encourage a variety of housing types the City Council directed staff to codify changes to IZO Section 7.030 to eliminate onsite parking requirements for ADUs; and WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the zoning text amendment on June 25, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated June 25, 2019, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated by the Community Development Director. NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows: The proposed amendments to the Implementing Zoning Ordinance Section 7.030, 7.1 10, and Table 11.1 are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the June 25, 2019 Planning 24 Commission staff report. 2. The proposed amendments are consistent with the public necessity, convenience and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of ADUs to provide essential housing for Petaluma residents, implementing the policies of the General Plan. 3. The proposed ordinance, attached hereto as Exhibit 1, is hereby referred to the Petaluma City Council for consideration and findings in accordance with IZO §25.010 and 25.050. 4. The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendment only modifies parking requirements for an allowable use in specified zoning district and CEQA does not consider parking an environmental impact. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. ADOPTED this 25th day of June, 2019, by the following vote: Commission Member. Aye No `Absent Abstain Councilmember McDonnell X Chair Marzo X Vice Chair Alonso X Bauer X Gomez X Streeter X Wolpert X ATTEST: Heather Hines, Commission Secretary Scott Alonso, Vice Chair APPROVED AS TO FORM: Lisa Tennenbdum, Assistant City Attorney 2-2 Exhibit 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., SECTION 7.030 (ACCESSORY DWELLING UNITS), SECTION 7.110 (SHORT TERM VACATION RENTALS), AND TABLE 11.1 (PARKING SPACES REQURIED) WHEREAS, City of Petaluma Implementing Zoning Ordinance (IZO) §25.010 provides in pertinent part that no amendment that regulates matters listed in Government Code § 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 April 2, 2018 the City Council adopted Urgency Ordinance No. 2645 N.C.S. to provide temporary housing options for people displaces in the Sonoma Complex Fires, for workers needed for recovery and reconstruction efforts in Sonoma County, and for the preservation of the public peace, health, and safety of the City of Petaluma and its citizens; and WHEREAS, Ordinance No. 2645 eliminated off street parking requirements for the construction of new Accessory Dwelling Units (ADU) for a period of one year; and WHEREAS, Ordinance No. 2645 sunsetted on April 1, 2019 at which time parking requirements for new ADUs reverted to the parking standards outlined in Implementing Zoning Ordinance Section 7.030 and Table 11.1; and WHEREAS, on April 15, 2019 at a duly noticed public meeting the City Council considered the effectiveness of the provision of Ordinance No. 2645; and WHEREAS, the City issued permits for 30 ADUs in 2018 under the provisions of Ordinance No. 2645, Approximately double the number of ADUs permitted in 2017; and WHEREAS, in an effort to incentivize increased ADU construction in keeping with City policies to adjust the city's residential development standards to encourage a variety of housing types y Council directed staff to codify changes to IZO Section 7.030 to eliminate onsite parking requirements for ADUs; and WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider the zoning text amendment on June 25, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated June 25, 2019, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Text Amendments which in this case has been initiated by the Community Development Director. WHEREAS, after said public hearing, the Planning Commission adopted its Resolution No. 2019 -XX, recommending that the City Council adopt the zoning text amendments; and WHEREAS, on July 4, 2019, a public notice of the July 15, 2019 public hearing before the City Council to consider the amendments was published as an eighth page ad in the Argus -Courier; and, WHEREAS, on July 15, 2019, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and 2-3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: Findings, The City Council of the City of Petaluma hereby finds: 5. The proposed amendments to the Implementing Zoning Ordinance Section 7.030, 7.1 10, and Table 11.1 are in general conformity with the Petaluma General Plan 2025 in that the amendments implement the policies of the Petaluma General Plan, as described in the June 25, 2019 Planning Commission staff report. 6. The proposed amendments are consistent with the public necessity, convenience and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of ADUs to provide essential housing for Petaluma residents, implementing the policies of the General Plan. 7. The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendment only modifies parking requirements for an allowable use in specified zoning district and CEQA does not consider parking an environmental impact. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. Section 2: Section 7.030 (Accessory Dwelling Units) of the City 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: A. Type of Unit. An accessory dwelling may be created within an existing principal dwelling or accessory structure on the property; maybe 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. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit the off-street parking spaces formerly provided by the demolished structure shall be replaced. The replacement 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. No additional parking requirements apply beyond what currently exists for the existing primary dwelling. 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 2-4 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. Construction Prior to Principal Dwelling. An accessory dwelling maybe 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 wn a designated historic district are subject to Chapter 15: Preservation of the Cultural and Historic Environment, K. Rentals. All accessory dwelling units permitted after September 7, 2017 shall only be rented for a term of more than 30 days. No accessory dwelling units permitted after September 7, 2017 shall be permitted as a short term vacation rental under Section 7.110. Section 3: Section 7.1 10.C.6 (Short Term Vacation Rentals) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read as follows: 7.110 —Short -Term Vacation Rentals C. Requirements Applicable to All Short -Term Vacation Rentals. 6. Accessory Dwelling Units. An accessory dwelling unit permitted after September 7, 2017 shall not be permitted as a Short -Term Vacation Rental, consistent with Section 7.030.J. Section 4: Table 11.1 (Parking Spaces Required) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No, 2300 N.C.S. is hereby amended to read as follows: 2-5 Table 11 .1 Use Number of Parking Spaces Required Artisan/Craft Product Manufacturing 1 space per 500 square feet of gross floor area Artisan Shop 1 for each 300 gross square feet of floor area Auto and Vehicle Sales 1 for each 400 square feet of gross floor area Auto Parts Sales 1 for each 300 gross square feet of floor area Banks and Financial Services 1 for each 300 gross square feet of floor area Bars, Taverns, Nightclubs 1 for each 2.5 seats Bed and Breakfast Inns 1 for each guest room plus 1 for the inn owner/manager Child Care Center 1 for each staff member (employee, parent volunteer, etc.) plus 1 loading/unloading space for each 10 children Commercial Recreation- Bowling Alleys 5 for each alley Commercial Recreation- Indoor. 1 for each 50 square feet of gross floor area Dance halls, coin operated amusement arcades, electronic games arcades, ice and roller skating, pool and billiard rooms. 1 for each 3.5 seats of maximum seating capacity, or Conference/Convention Facility 1 for each 60 square feet of gross floor area if there are no fixed seats No additional parking requirements apply beyond what currently exists for the Dwelling- Accessory existing primary dwelling See specific use regulations in Section 7.030 Dwelling- Single Household, 1 covered space plus including Attached Townhomes 2 additional covered or uncovered spaces Dwelling- Single Household 1 additional space for each additional bedroom over 4 bedrooms Addition of New Bedrooms Dwelling- Single Household Space(s) converted to living quarters replaced with covered or uncovered Conversion of Required Covered Parking to Living parking space Space Dwelling- Mobile Home Park 2 for each mobile home space in the park Dwellings- Multiple Household 1 which may be covered or uncovered for each bedroom, studio, or efficiency unit. In no case shall a project provide an overall parking ratio of less than 1.5 spaces per unit. %. i 2-7 1 for each Pump Island, plus Fueling/Gas Stations 1 for each Service Bay, plus 1 for each Employee on the Maximum Shift 1 for each 5 seats for the aggregate number of seats provided in all assembly Funeral Homes, Mortuaries rooms of the mortuary General Retail 1 for each 300 square feet of gross floor area Groceries, Specialty Foods 1 for each living or sleeping unit plus Hotels and Motels 1 for the owner or manager 1 for each 1.5 employees plus Libraries, Museums and Art Galleries 1 for each 200 square feet of gross floor area Maintenance/Repair Service 1 for each 400 square feet of gross floor area Manufacturing/Processing 1 space per 500 square feet of gross floor area 1 for each 3 beds plus Medical Services- Health Care Facility 1 for each employee on the maximum shift plus Medical Services- Major 1 for each 2 staff doctors Medical Services- Minor 1 for each 200 square feet of gross floor area Offices- Business/Service, Government, 1 for each 300 gross square feet of floor area Processing, Professional Public/Civic Buildings and Grounds other than 1 for each 2 employees on the maximum shift Schools and Administrative Offices Religious Facilities 1 for each 4 seats Restaurant, Coffee Shop, Cafe 1 for each 2.5 seats Rooming, Boarding, Lodging Houses 1 for each bedroom School -Private 1 for each employee on the maximum shift Elementary and Junior High School -Private 1 for each employee on the maximum shift High School and College 1 for each 2 students 1 for each employee on the maximum shift School- Specialized Education and Training 1 for each 2 students 1 for each 3.5 seats of maximum seating capacity or Sports and Entertainment Assembly Facility 1 for each 60 square feet of gross floor area if there are no fixed seats 1 for each employee on the maximum shift Studio- Art, Dance, Martial Arts, Music 1 for each 2 students 1 for each 3.5 seats of maximum seating capacity, or Theater, Cinema or Performing Arts 1 for each 60 square feet of gross floor area if there are no fixed seats Vehicle Services- Major and Minor 1 for each 400 square feet of gross floor area Wholesaling and Warehouse 1 space per 500 square feet of gross floor area 2-7 _.__.................... . The number of spaces shall be determined by the Zoning Administrator Unspecified Uses of Buildings, Structures, or (Director) in accordance with the general purpose standards herein. All new Premises structures in Industrial zones shall provide no less than 35 spaces per acre of land Section 5: 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 6: 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 7: Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council Section 8: 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. 2-8 DATE: TO: FROM SUBJECT: June 25, 2019 Planning Commission Heather Hines, Planning Manager ATTACHMENT 3 AGENDA ITEM NO. 8A Zoning Text Amendment to the Implementing Zoning Ordinance Section 7.030 (Accessory Dwelling Units), Section 7.110 (Short Term Vacation Rentals), and Table 11.1 (Parking Spaces Required) to eliminate on-site parking requirements for new Accessory Dwelling Units and restrict the use of new Accessory Dwelling Units as Short Term Vacation Rentals. RECOMMENDATION It is recommended that the Planning Commission adopt a resolution recommending that the City Council approve a Zoning Text Amendment to the Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Section 7.030 (Accessory Dwelling Units), Section 7.110 (Short Term Vacation Rentals), and Table 11.1 (Parking Spaces Required) to eliminate on-site parking requirements for new Accessory Dwelling Units and restrict the use of new Accessory Dwelling Units as Short Term Vacation Rentals (Attachment A). BACKGROUND In September 2017 the City Council adopted Ordinance 2621 N.C.S. which amended the IZO to ensure compliance with changes in state law associated with Accessory Dwelling Units (ADUs) (SB 1069, AB 2299, AB 2406). One of the significant changes in state legislation was elimination of required off street parking for ADUs under the following specific conditions: 1. ADUs located within one-half mile of public transit (SMART rail station, Petaluma Transit Mall, or the Eastside Transit Center). 2. ADUs located within the existing primary residence or an existing accessory structure. 3. ADUs located within a designated historic. district or on the propert y of an individually designated historic landmark (local, state, or federally -designated landmark or district). 4. ADUs located in areas where on -street parking permits are required but not offered to the occupant of the ADU. 5. ADUs located in areas where a car share vehicle is located within one block of the ADU (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). 3-1 On April 2, 2018 the City of Petaluma adopted Urgency Ordinance No. 2645 N.C.S. (Attachment B) to provide temporary housing options for people displaced in the Sonoma Complex Fires, for workers needed for recovery and reconstruction efforts in Sonoma County, and for the preservation of the public peace, health and safety of the City of Petaluma and its citizens. The adoption of temporary Ordinance No. 2645 eliminated all requirements for onsite parking for the establishment of ADUs during the 12 -month effectiveness of the ordinance. On April 155 2019 the City Council considered the effectiveness of the provisions included in Ordinance 2645 (City Council Staff Report, Attachment C), including a doubling in the permitting of ADUs during that same 12 -month time frame over the previous year. In an effort to continue to incentivize ADUs, the City Council directed staff to process a zoning text amendment to codify changes to IZO Section 7.030 to eliminate onsite parking requirements for ADUs on a permanent basis. DISCUSSION Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance and by California Government Code Section 65853. Chapter 25 provides that the Planning Commission may recommend zoning text amendments for approval to the City Council based on Planning Commission findings that the proposed amendments are in conformance with the City's General Plan and consistent with the public necessity, convenience, and general welfare. The proposed amendments are in response to direction from City Council to eliminate onsite parking requirements for new ADUs in an effort to incentivize the production of ADUs and encourage essential housing in Petaluma. The proposed amendments are explained below by each chapter. A redline of proposed modifications are provided at Attachment D and E. Chapter 7 (Standards for Specific Land Uses). Chapter 7 of the IZO contains specific standards for both ADUs (Section 7.030) and Short Term Vacation Rentals (Section 7.110). Specifically, the proposed text amendment will modify Section 7.030.17 to eliminate the requirement to provide one additional off-street parking space for each bedroom within an accessory dwelling. The amendments will also modify Section 7.030.0 to eliminate the need to bring the existing principal dwelling unit into full compliance with current on-site parking requirements in addition to parking for the new ADU. Beyond parking requirements, the proposed text amendments will also change Section 7.030(K) to provide clarification related to the use of ADUs as short term vacation rentals. In 2017 the City Council amended Section 7.030 to be in compliance with changes in state law, which included an increase in the maximum square footage of new ADUs to 720 square feet. At that time the Council specified that any new ADU constructed under the new regulations should be prohibited from being rented as a short term vacation rental in an effort to ensure that new ADUs were supporting rental housing stock. The current language in Section 7.030(K) does not clearly articulate that the restriction on short term vacation rentals only applies to ADUs constructed after the 2017 change. The proposed amendment to Section 7.030.K better clarifies this direction and explicitly prohibits the use of ADUs permitted after September 7, 2017 from being permitted as a short term vacation rental. 3-2 Proposed changes to Section 70110.C.6 adds a correlating clarification of this limitation in the short term vacation rental standards of the IZO. We 11.1 (Number of Parking Spaces Required) Proposed changes to Table 11.1 correct the required parking for "Dwelling — Accessory" to correspond to the changes in Section 7.030. To recommend the proposed amendments to the City Council the Planning Commission must find that they conform to the Petaluma General Plan and are consistent with the public necessity, convenience, and general welfare in accordance with Section 25.050(B) of the Implementing Zoning Ordinance. The Planning Commission has discretion to recommend modification to the staff proposal. If it does so, the Commission should convey the reasons for the modifications to the City Council. A simple majority vote of the Commission member's present, assuming a quorum of Commissioners is present, suffices to approve a resolution recommending action on the amendments to the City Council, GENERAI. PLAN CONSISTENCY The proposed zoning ordinance amendments are in general conformity with the Petaluma General Plan 2025 in that the amendments do not change the general character of current zoning regulations. The proposed amendments modify parking requirements for the creation of new ADUs in line with recent changes in state law to facilitate the production of essential housing in jurisdictions across the state. The changes will further incentivize the production of ADUs, consistent with the City's policies to allow flexibility within the City's standards and regulations to encourage a variety of housing types (Policy 2.2) and to review and adjust city residential development standards that are determined to be a constraint on the development of housing (Policy 3.1). PUBLIC NECESSITY, CONVENIENCE, AND WELFARE The proposed amendments are consistent with the public necessity, convenience, and welfare in that they update and clarify existing regulations, provide greater flexibility to facilitate the production of ADUs to provide essential housing for Petaluma residents, implementing the policies A the General Plan. ENVIRONMENTAL REVIEW The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed amendment only modifies parking requirements for an allowable use in specified zoning district and CEQA does not consider parking an environmental impact. Therefore, it can be seen with certainty the proposed amendment would not cause a direct or indirect significant effect on the environment. 3-3 PUBLIC COMMENT Public notice was published in an eighth page ad in the Argus Courier on June 13, 2019. No specific public comment has been received in response to this public notice as of preparation of this report. 11 Three public comment letters were received when this item was considered by the City Council in April and are provided at Attachment F. ATTACHMENTS Attachment A Resolution Recommending Council Approval, of Text Amendments Exhibit 1 Draft Ordinance Attachment B City Council Ordinance No. 2645 Attachment C City Council Staff Report, April 15, 2019 Attachment D Redline of Proposed Amendments to IZO Sections 7.030 and 7.110 Attachment E Redline of Proposed Amendments to IZO Table 11.1 Attachment F Public Comment 3-4 Attachment 4 DATE: April 15, 2019 �- TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Discussion and Direction on Urgency Ordinance No. 2645 N.C.S. RECOMMENDATION It is recommended that the City Council consider the provisions of the recently expired Urgency Ordinance No. 2645 N.C.S. and provide direction to staff on the desired policy direction. BACKGROUND The City of Petaluma adopted Urgency Ordinance No. 2645 N.C.S. (Attachment 1) on April 2, 2018 to provide temporary housing options for people displaced in the Sonoma Complex Fires, for workers needed for recovery and reconstruction efforts in Sonoma County, and for the preservation of the public peace, health and safety of the City of Petaluma and its citizens (Attachment 2). In an effort to provide greater flexibility for the provision of housing options the ordinance outlined temporary measures related to Recreational Vehicles (RV) and Accessory Dwelling Units (ADU). More specifically, the ordinance eliminated the codified requirement to provide one on site parking space for new ADUs if built during the twelve-month period the ordinance was in effect. The ordinance also created provisions to issue permits for occupying RVs as temporary housing when parked on private property in residential, industrial, and business park zones during this period. Ordinance No. 2645 included aone-year sunset clause. The temporary provisions in the ordinance are no longer in effect effective Apri12, 2019. DISCUSSION The following information is provided in order to evaluate the effectiveness of the provisions included in Ordinance No. 2645 in providing housing alternatives in Petaluma in the wake of the 2017 fires and evaluate future policy direction. Recr eational Vehicles No temporary RV occupancy permits were issued under the provision of the ordinance. Minimal inquiry was received so it is difficult to determine why this provision was not utilized. However, the requirement to hook up to water and sewer services to obtain a temporary RV occupancy permit would have placed a significant financial burden to legally occupying an RV for purposes of temporary housing. Accessory Dwelling Units Ordinance No. 2645 providing relief from the onsite parking requirements codified under Implementing Zoning Code (IZO) Section 7.030 (Attachment 3). Existing ADU requirements require one covered or uncovered off-street parking space for each bedroom or other room suitable for sleeping purposes. This requirement is in addition to the onsite parking requirement for the principal dwelling, which is a minimum of one covered and two additional covered or uncovered parking spaces on the property. In September 2017 the City Council adopted Ordinance 2621 N.C.S. which amended the IZO to ensure compliance with recent changes in state law associated with ADUs (SB 1069, AB 2299, AB 2406). One of the significant changes in state legislation was elimination of required off street parking for ADUs under the following specific conditions: 1. ADUs located within one-half mile of public transit. a) For the purposes of this provision, public transit is defined as the SMART rail station, Petaluma Transit Mall, or the Eastside Transit Center. 2. ADUs located within the existing primary residence or an existing accessory structure. 3. ADUs 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. ADUs located in areas where on -street parking permits are required but not offered to the occupant of the ADU. 5. ADUs located in areas where a car share vehicle located within one block of the An 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. The adoption of temporary Ordinance No. 2645 eliminated all requirements for onsite parking for the establishment of ADUs during the 12 -month effectiveness of the ordinance. The City did see an increase in the production of ADUs during that same 12 -month time frame, with 29 building permits for ADUs issued by the city since April 2, 2018. In comparison, in 2017 only 14 ADU permits were issued. Next Steps It is recommended that the City Council provide direction on a desired policy related to the temporary housing provisions included in Ordinance No. 2645. Given the lack of permits issued and even interest demonstrated in the provision for temporary RV occupancy that provision did not seem to provide housing relief to those impacted by the 2017 fires. In comparison, the elimination of onsite parking requirement for new ADUs did track with a significant increase in community interest and permitting for new ADUs in Petaluma, providing additional housing options within the City. In considering this item the Council may wish to consider the following options: • Take no action to extend the provisions of Ordinance 2645 • Extend the provisions of Ordinance 2645 on a temporary basis • Extend the provisions of Ordinance 2645 related to ADUs and eliminate/modify provisions for RV housing • Codify changes to IZO Section 7.030 to eliminate onsite parking requirements for ADUs on a permanent basis PUBLIC COMMENT This discussion item was published on the City Council agenda at least 72 hours prior to the meeting, consistent with applicable Brown Act provisions. While there was not specific mailed or published notice for this item, the parking requirements of existing ADU regulations and the flexibility of the provisions under the temporary ordinance have been discussed with members of the public at the Planning/Building counter. Anecdotally, the requirement to provide additional onsite parking for new ADUs is often challenging due to small lot sizes and existing development patterns. This is particularly true in older neighborhoods where existing principal dwellings do not have two car garages and wide driveway aprons to provide parking. Many applicants have been faced with creating ADU parking at the expense of landscape areas or requiring tree removal. The current development impact fee schedule is commonly expressed by members of the public aS a significant challenge to increasing production of ADU0 in Petaluma. Although the impact fees for ADUs were decreased to approximately half of the fees for a new single family home, required impact fees are approximately $16,500 for a new ADU. One written public comment on this item. was received and included at Att achment 4. ATTACHMENTS 1. Urgency Ordinance No. 2645 N.C.S 2. Staff Report for 04-02-18 Agenda Item #4E 3. IZO Section 7.030 4. Public Comment Letter ATTACHMENT 5 Chapter 7 Standards for Specific Land Uses 7.010 -Purpose This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Chapter 4 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts. 7.020 -Applicability The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance. A. Where allowed. The uses that are subject to the standards in this Article shall be located in compliance with the requirements of Chapter 4 (Zoning Districts and Allowable Land Uses). B. Land use permit requirements. The uses that are subject to the standards in this Article shall be authorized by the land use permit required by Chapter 4, except where a land use permit requirement is established by this Article for a specific use. C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Chapter 4 (Zone Districts) and the City Code. In the event of any conflict between the requirements of this Chapter and those of Chapter 4, the requirements of this Chapter shall control. 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. e parking structure is demolished in conjunction with the construction of an accessory dwelling unit the off-street parking spaces formerly provided by the demolished structure shall be replaced. The replacement 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 �F. 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. No additional parking requirements apply beyond what currently exists for the existing prima Ordinance No. 2300 N.C.S. 5-1 USE IN IS V 1=�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. 1-HArchitecture. 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. d:l_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. 1= K. Rentals. All accessory dwelling units permitted after September 7 2017 shall only be rented for a term of more than 30 dans. No accessory dwelling units permitted after September 7, 2017 shall be permitted as a short term vacation rental under Section 7.110. 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 asingle-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 w ithin 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. 5-2 . �rrnnrn�nm Ah MA AS N 1=�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. 1-HArchitecture. 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. d:l_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. 1= K. Rentals. All accessory dwelling units permitted after September 7 2017 shall only be rented for a term of more than 30 dans. No accessory dwelling units permitted after September 7, 2017 shall be permitted as a short term vacation rental under Section 7.110. 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 asingle-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 w ithin 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. 5-2 Ah MA AS N IF IS W 1=�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. 1-HArchitecture. 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. d:l_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. 1= K. Rentals. All accessory dwelling units permitted after September 7 2017 shall only be rented for a term of more than 30 dans. No accessory dwelling units permitted after September 7, 2017 shall be permitted as a short term vacation rental under Section 7.110. 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 asingle-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 w ithin 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. 5-2 ATTACHMENT 5 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 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. Setbacks. Setbacks areas 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. 7.040 -Dwelling Group The following requirements apply to more than (1) one detached dwelling on a parcel: A. The additional dwelling must be allowed by the General Plan density for the parcel. B. The minimum lot size for a dwelling group shall be determined by the minimum lot size required by the zoning district in which the parcel is located multiplied by the number of dwelling units in the dwelling group. C. With the addition of the additional dwelling unit, the parking requirements of this Ordinance shall be met for both the existing dwellings) and the proposed dwelling. D. The dwelling units shall be detached. E. The proposed dwelling shall comply with the development standards for the zoning district in which it is located. F. Site Plan and Architectural Review approval is required in accordance with Section 24.010. 7.050 -Home Occupation Permit A. Purpose. It is the intent of this section to preclude incompatible home occupations from occurring in residential neighborhoods and to permit only those uses which conform to the standards of this section. Custom, tradition, and precedence are excluded as criteria for approval. In general, a home occupation shall be located and conducted suchothat the average neighbor, under normal circumstances, would be unaware of its presence. The standards applied are intended to insure compatibility with other permitted uses in residential areas and preserve Ordinance No. 2300 N.C.S. 5-3 the residential character of the neighborhood. The City Council favors home occupations that do not disrupt the neighborhood. B. Permit Required. No activity subject to the provisions of this section shall be conducted without review by the Planning Division and the issuance of a home occupation permit. Said permit shall be a conditional permit, issued by the Director or a designated representative, acting as the Zoning Administrator. A limited period of approval may be imposed by the Zoning Administrator. C. Application for Permit. Application for a home occupation permit shall be made to the Zoning Administrator (Director) on a form provided by the City of Petaluma. D. Fee. The fee for a home occupation permit shall be established by resolution of the City Council from time to time hereinafter enacted. E. Requirements and Conditions. The home occupation shall be subject to the following requirements and others as imposed by the Zoning Administrator to further the purposes of Section 7.050(A). 1. The use shall be conducted primarily within the main dwelling structure and shall not involve the use of any yard space or outside area. Accessory structures such as garages may be used but not in such a way as to preclude required vehicular parking. 2. The home occupation shall not be identifiable from the property line by any means including, but not limited to, sight, noise, light, smoke, odor, vibration, electrical interference, dust, glare, liquid or solid waste. A person standing on the boundary line of the property should not be aware of the home occupation. 3. Commercial vehicles excepting pick-up trucks of three-fourths (3l4) ton or less shall not be used in conjunction with the home occupation. 4. No internal or external alterations for the home occupation shall be made to the dwelling unit that are not customarilI found in or to serve residences. 5. There shall be no outside storage of equipment or supplies. 6. Articles off ered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and site customers, in which case all articles, except samples, shall be received, stored and sold to customers at off -premises locations. 7. The home occupation shall not create pedestrian, automobile, or truck traffic or parking in residential neighborhoods in excess of that normally associated with residential use, with no more than two non- occupant vehicles present on the street at any given time. 8. No advertising shall be used which informs the public of the address of the home occupation (business cards and stationery letterhead excluded). 9. Residents and not more than two non-residents may work at a home occupation location. 10. Anon -illuminated identification sign of not more than 1-112 square feet in area may be placed flat against an outside wall of the house to advertise the home occupation. 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 54 ATTACHMENT 5 needs greater than what can be provided on-site; need for special permits (e.g., health, ABC, Federal Firearm, etc.); need for extensive alteration to the residence or lot. The uses specified below shall not be permitted as home occupations: 1. Auto or vehicle repair, or tune-up. 2. Barber shop /beauty salon. 3. Card -reading astrological services. 4. Class instruction on premise with more than two students at any time. 5. On-site painting services (auto, boat, appliances, etc.). 6. Care, treatment, or boarding of animals for a fee. 7. Gun repair, sale of guns or ammunition (sale of five or fewer guns a year is exempt from this section). 8. Activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons, and highly flammable materials. 9. Any food handling, processing, or. packing, except for cottage food operations as defined in California Government Code section 113758 that must be permitted pursuant to the Cottage Food Act, California Government Code section 51035. G. Advertising. There shall be no outside advertising of the use other than within the phone book and then no address of the premises shall be listed, only a telephone number. H. Revocation of Permit. Upon receipt of a complaint regarding the operation of the home occupation or upon observation of a violation of City ordinances, the Director or a designated representative, shall determine whether the subject home occupation is in compliance with the provisions of this section. If the use is found not to be in full compliance with the Zoning Ordinance or conditions of approval, the Director shall have cause to suspend or revoke the zoning permit or amend operational conditions. Once a zoning permit for a home occupation has been revoked, continued practice of the home occupation at that location is no longer permitted and. subsequent applications shall not be filed within one (1) year from the date of revocation. Appeal. As prescribed in Section 24.070. 7.060 -Large Family Child Day Care A large family child day care shall be operated incompliance with all of the following requirements: A. Permit Required. No activity subject to the provisions of Section 7.060 shall be conducted without application for and approval of a business license. B. Location. In no case shall a residential property be directly abutted by large family day care properties on two or more sides. C. Parking. All dwellings used for large family day care facilities shall provide at least three off -street automobile parking spaces, no more than one of which may be provided in a garage or carport. These may include spaces already provided to fulfill residential parking requirements. D. Drop-off and Pick- up. 1. Drop-off and pick-up of children at a proposed day care home shall be staggered. Ordinance No. 2300 N.C.S. 5-5 . -._Residences located on arterial streets (as shown on the General Plan Circulation Map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. Regularly available on -street parking stalls adjacent to the site may be considered to satisfy this requirement. E. Fencing and Barriers. Any side or rear yard area intended for day care use shall be surrounded by a barrier to separate the children from neighboring properties unless the Director determines that a barrier is not necessary; e.g., for properties not bordering developed properties. Examples of acceptable barriers include hedgerows, chainlink or wood fences, walls, and the like. Fences shall be installed to protect the children from possible hazards (e.g., swimming pools, ravines, vicious animals, etc.). F. Recreation Equipment. Recreation equipment exceeding eight feet in height located in any yard area intended for day care use shall be kept a minimum distance of five feet from perimeter property lines. G. Noise. Noise generated from the proposed day care home must not exceed established standards and policies as set forth in the General Plan, i.e., not to exceed Ldn 60 as measured outside on neighboring property. H. Fire and Building Code. Day care homes shall comply with applicable building and fire code provisions, with applicable Building Codes, Fire Code standards adopted by the State and administered by the City Fire Marshal, and with Social Services Department licensing requirements (California Administrative Code, Title 22, Division 2). Performance Standards. The facility shall be operated in a manner consistent with the City's Performance Standards and not adversely affect adjoining residences. J. Garage Conversions. Conversion of a garage to living space requires a building permit and compliance with the parking requirements of this ordinance. 7.070 —Short -Term Activities No property owner shall conduct or permit to be conducted a special activity as defined in this section of the Zoning Ordinance on his/her land without first obtaining a Zoning Permit from the Director. A. Special Activity. A special activity is any of the following temporary (60 consecutive days or less unless otherwise restricted) uses of private property: 1. Outdoor sale of Christmas trees, pumpkins, or other produce, goods or merchandise. 2. Outdoor swap meets or flea markets. 3. Carnivals, circuses, rodeos, fairs, festivals, tent sales, open air theaters, exhibits, games of skill, rides, booths, concession stands and other temporary entertainment events open to the public which are held out-of-doors. B. Application. An application for a zoning permit shall be filed with the Director by the owner of the property where the special activity will occur or their agent. An application for a zoning permit shall be filed no less than thirty (30) days nor more than six months prior to the date the special activity is to commence. Upon a showing of good cause, the Director may process an application filed less than 30 days before the activity date if sufficient time remains to investigate the application. Waiver of application fee may be permitted by the Director upon proof of non-profit status of the applicant. C. Accompanying Documents. The application shall be accompanied by drawings and a plot plan showing the lot lines and dimensions and locations of improvements with dimensions and any other necessary data. D. Issuance of Permit. The Director shall issue a zoning permit unless it is determined from a consideration of the application or other pertinent information, that: 5-6 ATTACHMENT 5 1. The operation or location of the proposed special activity would violate any provision of the Petaluma Municipal Code and Petaluma Zoning Ordinance including, but not limited to, the Performance Standards specified in Chapter 21 of the Zoning Ordinance. 2. The operation or location of the proposed special activity would adversely affect surrounding uses or structures. E. Permit Conditions. The Director may condition the issuance of a zoning permit by imposing reasonable requirements with respect to location, construction, maintenance, operation and duration to insure compliance with the Zoning Ordinance and to protect surrounding uses and the safety of persons and property. Such conditions include but are not limited to: 1. Restrictions as to proximity to adjacent land. 2. Restrictions on hours of operation and duration of the special activity. 3. Restrictions to insure compliance with the performance standards in Chapter 21 of the Zoning Ordinance including restrictions on noise generating equipment and amplified sound systems. 4. Off-street parking requirements and conditions concerning accommodation of pedestrian and vehicular traffic in the vicinity of the special activity. 5. Restrictions on use and placement of signs. 6. Requirements and restrictions on use of lighting. 7. Requirements for the. use of garbage containers and cleanup during the special activity, and clean- up/restoration of the property immediately following the termination of the special activity. F. Duration so U, . The zoning permit shall be issued by the Director for a period not to exceed 60 consecutive days in any one calendar year. G. Revocation. The Director may revoke a zoning permit for failure of the permittee to comply with all the terms and conditions of the permit or for violating the Petaluma Municipal Code, or the Zoning Ordinance. H. Appeal. As prescribed in Section 24.070. 7.080 -Swimming Pools, Hot Tubs, and Spas Private swimming pools, hot tubs or spas shall be allowed in any R District as an accessory residential use when in compliance with the following requirements: A. A private swimming pool, hot tub or spa is intended and is to be used solely for the enjoyment of the occupants and guests of the occupants of the principal use of the property on which itis located. B. In no case shall a swimming pool, hot tub or spa or accessory mechanical equipment be closer than six (6) feet to any property line of the property on which it is located. C. The swimming pool, hot tub or spa, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties. 7.090 —Telecommunications Facilities The following requirements apply to Telecommunications Facilities as defined by the City's Telecommunications Ordinance (Municipal Code 14.44). Ordinance No. 2300 N.C.S. 5-7 A. Definitions. The types of facilities regulated by this section are defined in the City's Telecommunications Ordinance (Municipal Code 14.44). B. Telecommunications facties are allowed only as described in Table 7.090(6). Table 7.0908 Zoning District lype of Telecommunications FCit. Exempt Mini Minor Major OSP A A CUP CUP AG A A — — RR A A — — R1 A A — — R2 A A — — R3 A A — — R4 A A — — R5 A A — — C1 A A CUP CUP C2 A A CUP CUP MU1A A A CUP CUP MU1B A A CUP CUP MU1C A A — — MU2 A A CUP CUP BP A A CUP CUP A A CUP CUP CF A A CUP CUP C. Where a telecommunications facility is permitted by Table 7.0908, the approvals) required prior to the commencement of the operation of a Telecommunications Facility are as prescribed in subsections 1-4 below. 1. Exempt Facility. An Exempt facility is an Accessory Use and no special permit is required, except when Q" Exempt facility is located in a Historic District. An Exempt facility located in a Historic District or on the site of a designated landmark is considered a Mini Facility subject to administrative Historic and Cultural Preservation approval as prescribed in Section 15.050. 2. Mini Facility. A Mini Facility is an Accessory Use subject to administrative site plan and architectural review approval as prescribed by Section 24.010. When a Mini facility is located in a Historic District or on the site of a designated landmark, the following special permits are required: a. A Minor conditional use permit as prescribed in Section 24.030; and b. Administrative Historic and Cultural Review as prescribed in 15.030. 3. Minor Facility. A Minor facility requires approval of a minor conditional use permit as prescribed in Section 24.030 and administrative site plan and architectural review approval as prescribed in Section 24.010. When a Minor facility is located in a Historic District or on the site of a designated landmark, approval of a major conditional use permit as prescribed in Section 24.030 and Historic and Cultural Preservation Committee approval as prescribed in Section 15.030 are required. 4. Major Facility. A major facility requires approval of a major conditional use permit as prescribed in Section 24.030 and Planning Commission approval as prescribed in Section 24.101. 5-8 ATTACHMENT 5 D. A Telecommunication facility shall comply with the development standards (Tables 4.6 — 4.13) for the zoning district in which the facility is located, the City's Telecommunications Ordinance, and all other applicable City requirements. 7.100 -- Bed &Breakfast Inns This Section provides requirements and conditions for the establishment and operation of a bed and breakfast inn (B&B) within a residential zoning district. A. Purpose. The intent of this section and the standards outlined below are to assist in preservation and adaptive reuse of the city's historic resources, to serve visitors of Petaluma, to ensure that bed and breakfast inns are compatible with the residential area and to preserve the residential character of the neighborhoods in which they are located. B. Permit Required. No bed and breakfast inn shall be established within a residential zoning district where otherwise allowed as outlined in Tables 4.1 and 4.2 without application for and approval of a Conditional Use Permit in compliance with Section 24.030. C. Findings. In addition to standard use permit findings in Chapter 24.030, the decision making body shall make the following findings prior to approval of a use permit for the establishment of a bed and breakfast inn in a residential zoning district: 1. The establishment of the bed and breakfast inn is consistent with General Plan policies regarding historic preservation; 2. The bed and breakfast inn use will not be detrimental to the historic or architectural character of the existing building(s); and 3. The bed and breakfast inn use is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses. D. Requirements and Conditions. The following requirements and conditions apply to all bed and breakfast inns within residential zoning districts: 1. Adaptive Reuse. Establishment of bed and breakfast inns shall be limited to the adaptive reuse or conversion of an historic or architecturally unique residential structure and shall not require significant exterior modifications that would diminish the uniqueness or significance of the residential structure or surrounding neighborhood. 2. Concentration. When a new bed and breakfast inn is proposed within 300 feet of another bed and breakfast inn, the decision-making body shall make an additional finding prior to approval of the use that the new bed and breakfast inn does not harm the character and/or use of adjacent residential properties. In considering the findings required by this subsection and subsection 7.100.0 above, the decision maker shall also consider the number of existing and proposed bed and breakfast inns within 300 feet of the proposed use in determining whether the proposed use is compatible with and not detrimental to the character of the neighborhood and surrounding land uses and/or not harmful to the character and/or use of adjacent residential properties. 3. Modifications. New structures or additions to the existing structure shall be designed to maintain the established residential character and scale of the individual property and the surrounding neighborhood. 4. Limit on Maximum Number of Guest Rooms. The number of guest rooms permitted shall be determined in the Conditional Use Permit process based on the size of the existing building, grounds Ordinance No. 2300 N.C.S. 5-9 and site; the relationship of the site to the character, size and scale of surrounding neighborhood buildings; and visitor access and parking. In general, the number of guest rooms should not exceed 7. 5. On -Site Manager. An on-site manger shall maintain residence on the site. 6. Length of Stay. Visitor occupancy shall be limited to a maximum of twenty-nine consecutive days. 7. Food Service. Food service shall be limited to registered overnight guests only and shall not include an independent restaurant. Cooking facilities in individual guestrooms are prohibited (with the exception of microwaves and coffee makers). 8. Events. Amplified music, lawn parties, outdoor weddings, and other similar activities shall not occur on site unless specifically allowed through the approved Conditional Use Permit. All such ancillary uses shall comply with City Performance Standards, including but not limited to the Performance Standards in Chapter 21. 9. Signs. One on-site sign shall be allowed on each street frontage. If illuminated, signs shall be indirectly illuminated, and each sign shall not exceed two square feet in area, consistent with Section 20.110(B)(4). 10. Parking. On-site parking shall be provided as required in Table 11.1 for Bed and Breakfast Inns. 11. Transient Occupancy Tax. Bed and breakfast rentals shall be subject to the City's transient occupancy tax. E. Public Notice. Noticing for bed and breakfast inn applications shall include mailed notice to properties within 1,000 feet of the proposed use. 7.110 —Short -Term. Vacation Rentals This Section establishes requirements and conditions for the establishment and operation of short-term vacation rentals within residential, planned unit development, and mixed-use zoning districts. A. Purpose. The purpose of this section and the standards outlined below is to serve visitors of Petaluma, to ensure that short-term vacation rentals are compatible with residential and mixed use, and planned unit districts, and to preserve the character of the neighborhoods in which they are located. B. Permit Required. 1. Short-term vacation rentals. Short-term vacation rentals are a permitted use only in residential, planned unit development, and mixed use zoning districts and only pursuant to a valid Short -Term Vacation Rental Permit issued in accordance with this section by the Planning Director or designee of the Planning Director. 2. Notice to Neighbors. Upon approval of aShort-Term Vacation Rental Permit, all property owners within 100 feet of the permitted Short -Term Vacation Rental shall be noticed in writing. Such notice shall include the location of the short-term vacation rental, number of rooms available for short-term vacation rental, and contact information of the locally -available manager. C. Requirements Applicable to All Short -Term Vacation Rentals. 1. Guest Manual. The Host shall provide a written manual to guests providing the local manager's contact information, the Performance Standards set forth in Chapter 21 of the Implementing Zoning Ordinance, parking limitations, and other helpful information to minimize conflict within the neighborhood. ATTACHMENT 5 2. Signs. On-site signage is prohibited. 3. Business License. All short-term vacation rentals require a valid Business License issued in accordance with Chapter 6.01 of the Petaluma Municipal Code. 4. Transient Occupancy Tax. Short-term vacation rentals are subject to and must satisfy all applicable requirements of the City's transient occupancy tax. �. _Adversiting Short -Term Rentals. In every advertisement for the Short -Term Vacation Rental, the Permittee shall include the City issued Permit Number. It is a violation of this code to advertise a unit that does not have a valid short-term vacation rental permit. �6. Accessory Dwelling Units. An accessory dwelling unit permitted after September 7, 2017 shall not be permitted as a Short -Term Vacation Rental, consistent with Section 7.030.J. D. Requirements Applicable to Hosted Short -Term Vacation Rentals. AShort-Term Vacation Rental in which the permittee occupies the property with the guests and is subject to the following requirements: 1. Limit on Maximum Number of Occupants. No more than 2 overnight occupants per bedroom plus 2 additional occupants are permitted. a. No more than two bedrooms in the dwelling may be furnished for compensation. (See section 7.100 for Bed and Breakfast requirements.) b. If the entire dwelling is an accessory/secondary unit, it may be furnished for compensation as a Hosted Short -Term Vacation Rental, provided that the guests constitute one party, which may be evidenced through a single rental agreement for the entire dwelling. 2. Manager. The permittee must be available at all times and be able to respond to complaints within 1 hour. E. Permit Requirements Applicable to Non -Hosted Short -Term Rentals. AShort-Term Vacation Rental in which the permittee does not occupy the property with the guests and is subject to the following requirements: 1. Limits on Occupants. a. The entire dwelling may be furnished for compensation, provided that the guests constitute one party, which may be evidenced through a single rental agreement for the entire dwelling. b. No more than 2 overnight occupants per bedroom plus 2 additional occupants are permitted. 2. Limitation on Days. The dwelling as anon -hosted vacation rental may be furnished for compensation for no more than 90 days during any calendar year. 3. Manager. A manager located within 45 miles of the City must be available at all times and be able to respond to complaints within 1 hour. F. Short -Term Vacation Rentals in Planned Unit Developments. A permit shall be issued for aShort -Term Vacation Rental in a Planned Unit Development unless said PUD guidelines explicitly prohibit short-term vacation Ordinance No. 2300 N.C.S. 5-11 rentals. Consistency with CC&Rs or other private covenants shall be the responsibility of the permittee and are not regulated by the City as part of the permitting process. G. Dispute Resolution. Upon receipt of three or more complaints in a calendar year about a Short Term Vacation Rental, with the consent of the parties involved, the City may refer the parties to a third party mediator. The cost shall be shared equally by the parties involved, unless the parties agree otherwise in writing. H. Application Process. The application process for aShort-Term Vacation Rental Permit shall be as follows: 1. Application for Permit. Application for aShort-Term Vacation Rental Permit shall be made to the Director on a form provided by the City. 2. Fee. The fee that applies to process applications for Short -Term Vacation Rental Permits shall be set by the City Council resolution. 3. Parking. The application must show that the applicant can provide: a. Parking. On-site parking for the existing residential use shall be provided as required in Table 11.1 for Dwelling Single Family or Multiple Household, as applicable. The Planning Manager, in his or her sole discretion, may give credit for up to two uncovered spaces on the abutting public street if there is legal non -conforming parking on the site; or b. Parking Exception. Applicants that are unable to meet the parking requirements in Section H.3.a. due to existing legal non -conforming parking and(or site constraints, may obtain a Parking Exception upon approval of a Minor Conditional Use Permit as prescribed in Section 24.030. Applications for a Parking Exception must provide documentation demonstrating that adequate on -street parking is available to accommodate the proposed short term vacation rental and the other existing uses on the site. 4. Safety. All short-term vacation rentals must provide smoke detectors, CO2 detectors, be adequately heated, and otherwise satisfy all applicable requirements of the California Building Standards Code as in effect in the City. 5. Duration. Short -Term Vacation Rental Permits shall be valid through the end of the calendar in which they are issued. All Short -Term Vacation Rental Permits shall expire on December 31, unless a renewal application is approved. 6. Permit Approval. AShort-Term Vacation Rental Permit application shall be approved if all applicable requirements are satisfied; otherwise, the application shall be denied. I. Renewal of Permit. 1. Permittees may apply to renew Short -Term Vacation Rental Permits on forms provided by the City. 2. Permit renewal applications do not require notice in accordance with Section B. 3. The Director shall issue a renewal of a Short -Term Vacation Rental Permit if the permittee satisfies all applicable requirements pursuant to this Chapter; otherwise such renewal applications shall be denied. The Director may deny a renewal application if he or she determines that any of the following have occurred during the 12 months prior to the renewal application: 5-12 ATTACHMENT 5 a. Failure to timely remit Transient Occupancy Taxes; or b. More than three verified violations of this section; or c. The Director determines that permittee has provided false information in the application or previous renewal application; or d. An authorized official has given notification or health or safety violations ornon-compliance on the property. J. Revocation of Permit. Upon confirmation of three or more verified violations of this section or other information alleging that ashort -term vacation rental has violated or is in violation of any applicable laws, regulations, or other requirements, including, but not limited to, the requirements of this section, the Planning Director or a designee of the Planning Director may commence permit revocation proceedings in accordance with section 24.030(J). Once a Short -Term Vacation Rental Permit has been revoked, continued use of the Short —Term Vacation Rental at that location is prohibited and subsequent applications may not be filed within one (1) year from the date of revocation. K. Appeal. Appeal of decisions of the Planning Director pursuant to this section may be brought pursuant to Section 24.070, L. Enforcement. The City may seek remedies for any violations of this section pursuant to any applicable authorities, including, but not limited to, those contained in Chapter 26 and those contained in Title 1 of the Petaluma Municipal Code. M. Sunset. Unless otherwise extended or modified and extended by action of the City Council, this Ordinance shall expire and its terms shall no longer remain in effect as of midnight, December 31, 2020. Ordinance No. 2300 N.C.S. 5-13 THIS PAGE INTENTIONALLY LEFT BLANK 5-14 ATTACHMENT 6 Chapter 11 Parking and Loading Facilities, Off -Street 11.010 - Purpose of Off -Street Parking and Loading This chapter establishes regulations to reduce street congestion and traffic hazards in the City of Petaluma by incorporating safe, adequate, attractively designed facilities for off-street parking and loading as an integral part of every use of land in the City requiring such facilities and by providing adequate shower facilities in commercial settings to encourage employee bicycle commuting to and from the workplace. 11.020 -Definitions The following definitions shall apply to this chapter: A. Floor Area. In the case of office, merchandise or service uses, the gross area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients including areas occupied by fixtures and equipment used for display or sales of merchandise. It does not include areas used principally for non-public purposes, such as storage and incidental repair. B. Off -Street Parking Space. A permanently surfaced area for automobile and bicycle parking which has been delineated, in accordance with City standards, located either within a structure or in the open, excluding aisles, driveways and access drives. C. Off -Street Parking Facility. A site, or a portion of a site, devoted to off-street parking of automobiles and bicycles, including parking spaces, aisles, access drives and landscaped areas, and providing automobile and bicycle access to a public street or bikeway. 11.030 -Off-Street Parking —General Regulations The following general requirements apply to off-street parking: A. Off -Street Parking. There shall be provided on the same site with any use off-street parking, spaces for automobiles UHd bicycles in accordance with the requirements of this Chapter, oras 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 district 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. B. Off -Street Parking Facilities to Serve One Use. Off-street parking facilities for one use shall not be considered as providing required off-street parking facilities for any other use except as provided for in Section 11.065(C). C. More Than One Use on a Site. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Chapter for each use. 11.035 -Exception to Off -Street Parking Sites and structures located in a municipal parking assessment district are exempt from the requirement to provide off-street parking facilities. 11.040 -Alternatives to On -Site Parking A. The requirements of Section 11.030(A) shall be considered satisfied if the required parking is provided up to six hundred (600) feet from the site of the use being served and the required bicycle parking is provided up to 100 feet HUM the site, such distance being measured along the shortest available route of pedestrian access to the primary building entrance. The determination of the distance to be permitted (0-600') shall be made by the Community Development Director on a case-by-case basis. The Director shall consider the following in making the determination: type of use being served; ease of bicycle and pedestrian access from the off-site location to the site Ordinance No. 2300 N.C.S. 6-1 being served; characteristics of the off-site parking facility(s); potential adverse effects that reduced on-site parking may present to the immediate area; term of off-site rental/lease arrangements. This alternative does not apply to residential parking. B. Requirements for the provision of parking facilities, with respect to two or more establishments on the same or different sites, may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common parking facility, located not farther than three hundred (300) feet measured along the shortest available route of pedestrian access from the site of any such participating use. In such cases, bicycle parking shall still be required adjacent to each building. C. The Director may approve valet parking in place of on-site parking. For purposes of this section, valet parking is defined as an approved parking facility more than 300 feet from the facility served, together with a developer or occupant -provided service which either provides on -demand customer transportation to the facility from the parking area, and vice -versa, or which provides attendants to park and retrieve customer vehicles from the parking area. The following standards shall apply to valet parking: 1. The lot to be used for valet parking must be able to accommodate the number of parking spaces that are required in Section 11.060 of this Ordinance. The on-site parking spaces being provided for this use may be deducted from the total number required in Section 11.060. 2. The standards for off-street parking facilities in Section 11.070 of this Ordinance shall apply to valet parking lots except that, if attendants will park the cars, the requirements of Sections 11.070(A) and (B) may be relaxed, consistent with practical design standards. 3. Valet parking lots shall not be permitted in residential zoning districts (RR, R1, R2, R3, R4, R5, MH, or residential P.U.D. districts). 4. The valet parking lot shall be located within 112 mile of the use that it serves. 5. If the valet parking lot serves more than one use, the number of spaces provided shall be equal to the sum U f the requirements prescribed in Section 11.060 for each use. 6. The valet parking service (attendants or transportation) shall be maintained in service during all hours of oV eration of the facty served. 7. At any time that the valet parking lot is no longer available for use as a valet parking lot for the approved use, that use shall cease or be reduced to an intensity consistent with available off-street parking until such time as the required off-street parking can be provided. 8. The applicant for valet parking shall be required to submit proof of entitlement to use the proposed valet parking area (lease, rental agreement, ownership) and any permit granted pursuant to this ordinance may be conditioned upon the duration of such entitlement. 11.050 -Planned Districts Separate parking requirements may be adopted pursuant to Chapter 19 for Planned Unit. The more restrictive requirements of this Zoning Ordinance or the Planned District regulations shall prevail. 11.060 -Number of Automobile Parking Spaces Required The number of automobile parking spaces required shall be determined as indicated in Table 11.1. 6-2 ATTACHMENT 6 Table 11.1 Use Number of Parking Spaces Required Artisan/Craft Product Manufacturing 1 space per 500 square feet of gross floor area Artisan Shop 1 for each 300 gross square feet of floor area Auto and Vehicle Sales 1 for each 400 square feet of gross floor area Auto Parts Sales 1 for each 300 gross square feet of floor area Banks and Financial Services 1 for each 300 gross square feet of floor area Bars, Taverns, Nightclubs 1 for each 2.5 seats Bed and Breakfast Inns 1 for each guest room plus 1 for the inn owner/manager Child Care Center 1 for each staff member (employee, parent volunteer, etc.) plus 1 loading/unloading space for each 10 children Commercial Recreation- Bowling Alleys 5 for each aIle Commercial Recreation- Indoor. 1 for each 50 square feet of gross floor area Dance halls, coin operated amusement arcades, electronic games arcades, ice and roller skating, pool and billiard rooms. 1 for each 3.5 seats of maximum seating capacity Conference/Convention Facility - or 1 for each 60 square feet of gross floor area if there are no fixed seats No additional parking requirements apply beyond these that-appty-tewhat currently exists for the existing primary dwelling Dwelling- Accessory Seespecific use regulations in Section 7.030 Dwelling- Single Household, 1 covered space plus including Attached Townhomes 2 additional covered or uncovered spaces Dwelling- Single Household 1 additional space for each additional bedroom over 4 bedrooms Addition of New Bedrooms Dwelling- Single Household Spaces) converted to living quarters replaced with covered or uncovered Conversion of Required Covered Parking to Living parking space Space Dwelling- Mobile Home Park 2 for each mobile homes ace in the park Dwellings- Multiple Household 1 which may be covered or uncovered for each bedroom, studio, or efficiency unit. In no case shall a project provide an overall parking ratio of less than 1.5 spaces per unit. 1 for each Pump Island, plus Fueling/Gas Stations 1 for each Service Bay, plus 1 for each Employee on the Maximum Shift Funeral Homes, Mortuaries 1 for each 5 seats for the aggregate number of seats provided in all assembly rooms of the mortuary Ordinance No. 2300 N.C.S. 6-3 General Retail 1 for each 300 square feet of gross floor area Groceries, Specialty Foods 1 for each living or sleeping unit plus Hotels and Motels 1 for the owner or manager 1 for each 1.5 employees plus Libraries, Museums and Art Galleries 1 for each 200 square feet of gross floor area Maintenance/Repair Service 1 for each 400 square feet of gross floor area Manufacturing/Processing 1 space per 500 square feet of gross floor area Medical Services- Health Care Facility 1 for each 3 beds plus 1 for each employee on the maximum shift plus Medical Services- Major 1 for each 2 staff doctors Medical Services- Minor 1 for each 200 square feet of gross floor area Offices- Business/Service, Government, 1 for each 300 gross square feet of floor area Processing, Professional Public/Civic Buildings and Grounds other than 1 for each 2 employees on the maximum shift Schools and Administrative Offices Religious Facilities 1 for each 4 seats Restaurant, Coffee Shop, Cafe 1 for each 2.5 seats Rooming, Boarding, Lodging Houses 1 for each bedroom School -Private 1 for each employee on the maximum shift Elementary and Junior High School -Private 1 for each employee on the maximum shift High School and College 1 for each 2 students 1 for each employee on the maximum shift School- Specialized Education and Training 1 for each 2 students 1 for each 3.5 seats of maximum seating capacity or Sports and Entertainment Assembly Facility 1 for each 60 square feet of gross floor area if there are no fixed seats Studio- Art, Dance, Martial Arts, Music 1 for each employee on the maximum shift 1 for each 2 students 1 for each 3.5 seats of maximum seating capacity or Theater, Cinema or Performing Arts 1 for each 60 square feet of gross floor area if there are no fixed seats Vehicle Services- Major and Minor 1 for each 400 square feet of gross floor area Wholesaling and Warehouse 1 space per 500 square feet of gross floor area The number of spaces shall be determined by the Zoning Administrator (Director) in accordance with the general purposes standards herein. All new Unspecified Uses of Buildings, Structures, or structures in Industrial zones shall provide no less than 35 spaces per acre of Premises land 6-4 ATTACHMENT 6 11.065 - Power of the Zoning Administrator (Director) to Modify Requirements The provisions of this section as to number of spaces may be modified by the Zoning Administrator (Director) in the following cases only. Any other request for modification shall be submitted as, and meet the tests for, a variance. If the modification pertains to bicycle parking, it shall be routed through the PBAC as well. A. Compact spaces maybe proposed as set forth within the adopted City standards, subject to review and approval of the Planning Commission. B. The number of spaces required may be modified for uses such as elderly housing or retirement homes where it can be demonstrated that automobile use or ownership is significantly lower than for other dwelling or lodging houses. C. When a common off-street parking facility, located within three hundred (300) feet of the uses served will provide twenty (20) or more parking spaces, the total number of parking spaces required for all the uses served may be reduced by not more than twenty-five (25) percent upon the obtaining of a conditional use permit. The Zoning Administrator (Director) shall determine prior to granting a conditional use permit for such a reduction that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility. 11.070 -Standards for Off -Street Automobile Parking Facilities All off-street parking facilities shall conform with the following standards: A. Aisles. Access to each off-street automobile or bicycle parking space shall be from a driveway or aisle, which is sufficient for readily turning and maneuvering automobiles and bicycles. B. Access. Each parking space shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. No off-street parking facility for five (5) or more spaces in an R District shall be designed so that vehicles must back across a sidewalk in order to gain access to a street or alley. When a parking facility does not abut a public or private street, alley, or access easement, there shall be provided aH access drive of not less than twenty (20) feet in width, except as follows: 1. Drives furnishing access to parking facilities serving from three (3) to ten (10) dwelling units shall be not less than twelve (12) feet in width and drives serving two (2) or fewer dwelling units shall be not less than ten (10) feet in width. 2. Where separated one-way access drives are proposed, these shall consist of two (2) drives each of which shall not be less than twelve (12) feet in width. C. Site Distance. Each entrance and exit to a parking lot or driveway shall be constructed and maintained so that any vehicle entering or leaving such parking lot shall be clearly visible a distance of not less than fifteen feet (15') to a person approaching such entrance or exit on any abutting pedestrian walk or foot path and not less than thirty feet (30') to a person approaching such entrance or exit on any abutting bikeway. D. Driveway Gradients. The maximum gradient for an aisle or drive connecting off-street parking space(s) with the public right-of-way shall not exceed fifteen (15) percent except in hilly areas where maximum gradient shall not exceed eighteen (18) percent and the maximum change in gradient of any such aisle or drive shall not exceed twelve (12) percent rise or eight (8) percent decline in any thirty (30) linear feet. E. Parking in Required Yards. Parking areas for other than single-family, residential duplex, and bed and breakfast structures shall not be permitted in required front setback or required street side setback. F. Permanent Surface. Parking areas, aisles, and access drives shall be constructed and maintained, to provide a durable, dustless surface and shall be graded and drained to dispose of surface water without damage to private or public properties, streets, or alleys. Ordinance No. 2300 N.C.S. 6-5 G. Lighting. Any lights provided to illuminate a parking facility shall be arranged so as to reflect the light away from any adjacent properties, streets or highways. H. Repair Work. No repair work or servicing of vehicles shall be conducted on parking area. I. Parking Stall Size. Parking stall size shall be determined by the Planning Commission in the Site Plan and Architectural Review Procedures and Guidelines. J. Landscape Reserve. Parking spaces required Industrial and Business Parks zoning districts that exceed current employment needs may be reserved as landscaped area, subject to approval by the Director. 11.080 -Site Plan Approval All parking facilities except those provided for permitted principal uses in the A, RR, R1, R2, and R3 Districts shall be subject to site plan approval as provided in Section 24.010 of this ordinance, and all areas not used for parking spaces and access drives shall be landscaped in accordance with the standards of Chapter 14 herein. 11.090 -Standards for Bicycle Facilities The following bicycle facilities shall be provided: A. Number of A Bicycle Parking Spaces Required. The number of bicycle parking spaces required shall be a minimum of 10% of the automobile spaces required, except for Commercial Recreation and Community Facilities which shall provide a minimum of 25% of the automobile spaces required. B. Type of Bicycle Parking. The City shall require the installation of a certain percentage of Bicycle Parking (bicycle locker and guarded parking, covered and uncovered bicycle racks) depending on the type of land use. Unless otherwise specified on a case by case basis, of the total bicycle spaces required 60% should be bicycle lockers, another form of enclosed bicycle parking, or guarded parking and 40%o should be bicycle racks covered. The intent of this requirement is to provide secure parking at locations where employees and customers will be parking for long periods of time, in particular adjacent to any areas close to public transportation. All deviations from this requirement shall be routed through the PBAC. C. Showers. Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building incompliance with the Table 11,2: Table 11.2 Use Number of Showers Required Medical, Professional General Business Offices, Financial Services, Business and Trade Schools, General Business Services, Research and Development, Manufacturing Less than 10,000 gross square feet None 10,000-19,999 gross square feet 1 20,000 — 49,999 gross square feet 2 More than 50,000 gross square feet 4 Retail, Personal Services, Eating and Drinking Establishments Less than 10,000 gross square feet None 10,000 -24,999 gross square feet 1 25,000 — 49,999 gross square feet 2 More than 100,000 gross square feet 4 11.095 —Modifications ATTACHMENT 6 The provisions of this section as to square footage requiring showers may be modified. Any request for modification shall be routed through the Petaluma Bicycle Advisory Committee for recommendation to the Planning Commission. 11.100 -Off-Street Loading Berth Requirements For every building or addition, the number of off-street loading berths required shall be as indicated in Table 11.3. Table 11.3 Use Number of Loading Berths Required Motels, hotels, restaurants, public and private business and administrative office, post offices, hospitals, sanitariums, nursing homes, and charitable and religious institutions and clubs less than 5,000 sq, ft. of gross floor area 0 5,001 to 50,000 sq. ft. of gross floor area 1 50,001 to 150,000 sq. ft. of gross floor area 2 each additional 150,000 sq. ft. of gross floor area 1 Commercial and industrial establishments, including retail stores, personal service establishments, commercial service enterprises, warehouses, storage facilities, manufacturing plants, and other industrial uses less than 12,500 sq. ft. of gross floor area 1 12,501 to 20,000 sq. ft. of gross floor area 2 20,000 to 30,000 sq. ft. of gross floor area 3 30,000 to 50,000 sq. ft. of gross floor area 4 50,000 to 75,000 sq. ft. of gross floor area 5 each additional 25,000 sq. ft. of gross floors ace 1 Offices, public buildings other than administrative offices, schools and colleges, places of public assembly, charitable and religious institutions and clubs not used for human habitation, and public utility and public service structures and installations, when any of the foregoing requires. the recurring receipt, delivery, or distribution of goods or equipment by truck One loading berth, plus such additional berths as may be prescribed by the Zoning Administrator (Director) Mortuaries less than 5,000 sq. ft. of gross floor area 1 5,000 to 10,000 sq. ft. of gross floor area 2 each additional 5,000 sq. ft. of gross floors ace 1 Cemeteries, columbaria and crematories One berth plus the number of additional berths prescribed by the Zoning Administrator Director Any other use which requires the recurring receipt or distribution of goods or equipment by truck One berth plus the number of additional berths prescribed by the Zoning Administrator (Director) Ordinance No. 2300 N.C.S. 6-7 1. 105 - Power of the Zoning Administrator to (Director) to Modify of Increase Requirements The provisions of this section as to number of spaces may be modified or increased by the Zoning Administrator (Director) in the following cases only. Any other request for modification shall be submitted as, and meet the tests for, a variance. If the modification pertains to bicycle parking, it shall be routed through the PBAC as well, A. The number ofoff-street loading spaces maybe reduced by not more than ten (10) percent when a common loading facility is provided within three hundred (300) feet of the uses served, upon the obtaining of a conditional use permit. The Zoning Administrator (Director) shall determineprior to granting a conditional use permit for such a reduction that the typical use of the off-street loading facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility. B. Off-street loading berths in addition to those prescribed in the schedule ofoff-street loading berth requirements shall be provided if the Zoning Administrator (Director) finds that such additional berths are necessary to ensure that trucks will not be loaded, unloaded, or stored on public streets. A finding of the Zoning Administrator (Director) shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required. 11.110 -Off-Street Loading Facilities —General Regulations The following general requirements apply to off-street parking: A. At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accordance with the schedule of off-street loading berth requirements prescribed in Section 11.100. For the purpose of this section, the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would increase the number of loading berths required by not less than ten (10) percent of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 11.100 in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement. B. Location of Off -Street Loading Facilities. Off-street loading facilities prescribed in Section 11.100, inclusive, shall be located on the same site with the use for which the berths are required or on an adjoining site. C. Off -Street Loading Facilities to Serv e One Use. Off-street loading facilities for one use shall not be considered as providing required off-street loading facilities for any other use except as provided for in Section 11.105. D. More Than One Use on a Site. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this article for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required, off- street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. E. Space allocated to any off -street loading berth shall not, while so located, be used to satisfy the space requirements for -any off-street parking facility, 11.120 -Standards for Off -Street Loading Facilities All off-street loading facilities shall conform to the following standards: A. Each loading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen (14) feet, except that for mortuaries, cemeteries, columbanums and crematories, a loading berth used exclusively for hearses shall be not less than twenty-four (24) feet in length and ten (10) feet in width and shall have an overhead clearance of not less than eight (8) feet. ATTACHMENT 6 B. Such space may occupy all or any part of any required setback, except front and street side setbacks, and shall not be located closer than fifty (50) feet to any lot in any R District, unless enclosed on all sides by a wall not less than eight (8) feet in height. C. Sufficient room for turning and maneuvering vehicles shall be provided on the site. D. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. E. Entrances from and exits to streets and alleys shall be designed to minimize traffic congestion and shall be placed at locations approved by the Zoning Administrator (Director). F. The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. G. Bumper rails shall be provided at locations approved by the Zoning Administrator (Director) where needed for safety or to protect property. H. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare. I. No repair work or servicing of vehicles shall be conducted in a loading area. J. Landscaping and screening, in accordance with the standards of Chapter 14. Ordinance No. 2300 N.C.S. 6-9 THIS PAGE INTENTIONALLY LEFT BLANK 6-10