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HomeMy WebLinkAboutStaff Report 3.I 08/05/2019DATE Im Agenda Item #3.1 August 5, 2019 Honorable Mayor and Members of the City Council through City Manager Heather Hines, Planning Manager SUBJECT: Adoption (Second Reading) of 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) RECOMMENDATION It is recommended that the City Council adopt (second reading) 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. DISCUSSION On July 15, 2019 the City Council unanimously introduced zoning text amendments to Section 7.030, Section 7.110, and Table 11.1 of the Implementing Zoning Ordinance related to elimination of onsite parking requirements for new Accessory Dwelling Units and limiting the permitting of new ADUs (permitted after September 7, 2017) for use as short term vacation rentals. The City Council unanimously approved introduction of the zoning text amendments without any modifications to the proposed text. The item is before the City Council for approval (second reading) of the amendments. 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. ATTACHMENTS Attachment 1: Draft Ordinance Attachment 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 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 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 1: 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 shall be replaced. The replacement may be located in any configuration on the same lot as the accessory dwelling unit, 011 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 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 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 7.0301 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: IQc3 Table 11.1 Use Artisan/Craft Product Manufacturing Artisan Shop Auto and Vehicle Sales Auto Parts Sales Banks and Financial Services Bars, Taverns, Nightclubs Bed and Breakfast Inns Child Care Center Commercial Recreation- Bowling Alleys Commercial Recreation- Indoor. Dance halls, coin operated amusement arcades, electronic games arcades, ice and roller skating, pool and billiard rooms. Number of Parking Spaces Required 1 space per 500 square feet of gross floor area 1 for each 300 gross square feet of floor area 1 for each 400 square feet of gross floor area 1 for each 300 gross square feet of floor area 1 for each 300 gross square feet of floor area 1 for each 2.5 seats 1 for each guest room plus 1 for the inn owner/manager 1 for each staff member (employee, parent volunteer, etc.) plus 1 loading/unloading space for each 10 children 5 for each alley 1 for each 50 square feet of gross floor area 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. a� Manufacturing/Processing In no case shall a project provide an overall parking ratio of less than 1.5 Medical Services- Health Care Facility spaces per unit. Medical Services- Major 1 for each Pump Island, plus Fueling/Gas Stations 1 for each Service Bay, plus Medical Services- Minor 1 for each Employee on the Maximum Shift Offices- Business/Service, Government, 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 Hotels and Motels 1 for each living or sleeping unit plus 1 for the owner or manager Libraries, Museums and Art Galleries 1 for each 1.5 employees plus 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 Medical Services- Major 1 for each employee on the maximum shift plus 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, Caf6 1 for each 2.5 seats Rooming, Boarding, Lodging Houses 1 for each bedroom School -Private Elementary and Junior High 1 for each employee on the maximum shift School -Private 1 for each employee on the maximum shift High School and College 1 for each 2 students School- Specialized Education and Training 1 for each employee on the maximum shift 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 1-5 Wholesaling and Warehouse 1 space per 500 square feet of gross floor area 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. aI