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Home My WebLink AboutStaff Report 3.C 01/27/2020M Agenda Item #3.0 January 27, 2020 Honorable Mayor and Members of the City Council through City Manager Brittany Bendix, Deputy Planning Manager SUBJECT: Adopting (Second Reading) of an Ordinance amending Implementing Zoning Ordinance Chapter 4 (Zone Districts and Allowable Land Uses), Section 7.030 (Accessory Dwelling Units), Section 7.035 (Junior Accessory Dwelling Units), Table 11.1 (Parking Spaces Required), Chapter 22 (Non-conforining Structures), and Chapter 28 (Glossary) to comply with changes in California State legislation associated with Accessory Dwelling Units and Junior Accessory Dwelling Units. RECOMMENDATION It is recommended that the City Council Adopt (second reading) a Regular Ordinance amending the Implementing Zoning Ordinance, Ordinance 2300 N.C.S., to modify Chapter 4 (Zone Districts and Allowable Land Uses), Section 7.030 (Accessory Dwelling Units), Section 7.035 (Junior Accessory Dwelling Units), Table 11.1 (Parking Spaces Required), Chapter 22 (Non -conforming Structures), and Chapter 28 (Glossary) in order to bring local regulations into compliance with recent changes in California State Code associated with Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). DISCUSSION On January 6, 2020 the City Council unanimously adopted an urgency ordinance and introduced a regular ordinance amending the Implementing Zoning Ordinance (IZO) to comply with recent changes in the California State Code related to regulating ADUs and JADUs. The urgency ordinance was adopted to immediately enact the IZO amendments and bring the local ordinance into compliance with state law while processing the introduction, adoption, and referendum period associated with the regular ordinance. In addition, at the January 6, 2020 hearing the City Council also unanimously approved a resolution that amended development impact fee Resolutions 2014- 036 (City Facilities Impact Fee), 2014-037 (Park Land Development Impact Fee), 2014-038 (Park Land Acquisition Fee), 2014-039 (Open Space Land Acquisition Fee), 2014-186 (Waste Water Capacity Fee), 2016-076 N.C.S. (Traffic Development Impact Fee) as applied to the development of ADUs. As part of their action on January 6, 2020 the City Council modified Section 7.030(D) to establish a 1,000 square foot maximum for a new ADU. The item is before the City Council for approval (second reading) of the amendment. Page 1 ENVIRONMENTAL REVIEW The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 21080.17 which exempts the adoption of an ordinance by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code. ATTACHMENTS Attachment 1: Regular Ordinance Page 2 ATTACHMENT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY CHAPTER 4 (ZONE DISTRICTS AND ALLOWABLE LAND USES), SECTION 7.030 (ACCESSORY DWELLING UNITS), SECTION 7.035 (JUNIOR ACCESSORY DWELLING UNITS), TABLE 11.1 (NUMBER OF PARKING SPACES REQUIRED), CHAPTER 22 (NON -CONFORMING USES), AND CHAPTER 28 (GLOSSARY) TO COMPLY WITH AMENDMENTS TO STATE LAW AFFECTING ACCESSORY DWELLING UNITS PURSUANT TO SENATE BILL 13, ASSEMBLY BILL 68, ASSEMBLY BILL 587, ASSEMBLY BILL 670, AND ASSEMBLY BILL 881 WHEREAS, the City of Petaluma Implementing Zoning Ordinance, Ordinance 2300 N.C.S. (IZO), in §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, the State of California, recognizing the importance of Accessory Dwelling Units (ADUs) in addressing California's severe housing crisis, amended Government Code Sections 65852.2 and Section 65852.22, added Government Code Section 65852.26, added Section 17980.12 to the Health and Safety Code, and amended Civil Code Section 4751 to help reduce development barriers and expand potential capacity to build ADUs and Junior Accessory Dwelling Units (JADUs); and WHEREAS, California Senate Bill 13, Assembly Bill 68, Assembly Bill 587, Assembly Bill 670 and Assembly Bill 881 were signed into law on October 9, 2019 and become effective on January 1, 2020; and WHEREAS, Senate Bill 13, Assembly Bill 68 and Assembly Bill 881 make changes to existing state legislation regarding development standards, development impact and capacity fees, and amnesty for ADUs and JADUs; and WHEREAS, Assembly Bill 670 voids restrictions within common interest developments that inhibits construction of ADUs according to specific criteria; and WHEREAS, Assembly Bill 587 establishes a process by which ADUs may be sold separately from a primary residence; and WHEREAS, in order to ensure consistency with new changes to State laws affecting ADUs and JADUs, it will be necessary to amend Chapter 4 — Zone Districts and Allowable Land Uses, Chapter 7 Section 7.030 Accessory Dwellings, Chapter 7 Section 7.035 Junior Accessory Dwellings, Chapter 11 Table 11.1 — Parking Spaces Required, Chapter 22 Non - Conforming Uses, and Chapter 28 Glossary of the IZO; and WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing to consider draft zoning text amendments to Chapter 4 — Zone Districts and Allowable Land Uses, Chapter 7 Section 7.030 Accessory Dwellings, Chapter 7 Section 7.035 A-1-1 ATTACHMENT 1 Junior Accessory Dwellings, Chapter 11 Table 11.1 Parking Spaces Required, Chapter 22 Non -Conforming Uses, and Chapter 28 — Glossary of the IZO on December 17, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the staff report dated December 17, 2019, including the California Environmental Quality Act (CEQA) determination included therein; and WHEREAS, IZO §25.010 provides for Zoning Text Amendment procedures, which have been initiated by the Community Development Director to comply with new state law requirements; and WHEREAS, after the December 17, 2019 public hearing before the Planning Commission, the Planning Commission adopted its Resolution No. 2019-23, recommending that the City Council adopt zoning text amendments to Chapter 4 Zone Districts and Allowable Land Uses, Chapter 7 Section 7.030 Accessory Dwellings, Chapter 7 Section 7.035 Junior Accessory Dwellings, Chapter 11 Table 11.1 — Parking Spaces Required, Chapter 22 — Non -Conforming Uses, and Chapter 28 Glossary of the IZO; and WHEREAS, on December 26, 2019 a public notice of the January 6, 2020 public hearing before the City Council to consider the zoning amendments was published as an eighth page ad in the Argus -Courier, in accordance with the requirements of California Government Code Sections 65090 and 65091; and, WHEREAS, on January 6, 2020, the City Council of the City of Petaluma held a duly noticed public hearing to consider the amendments; and, WHEREAS, in accordance with Section 2180.17 of the California Environmental Quality Act (CEQA), adoption of ordinances by cities to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code are exempt from the requirements of CEQA. 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. In accordance with Section 25.070, paragraph A of the IZO, that the proposed amendments to Chapter 4; Chapter 7; Sections 7.030 and 7.035; Chapter 11, Table 11.1; Chapter 22; and Chapter 28 of the Implementing Ordinance, Ordinance 2300 N.C.S., pursuant to this ordinance 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 December 17, 2019 Planning Commission staff report. 2. In accordance with Section 25.070, paragraph B of the IZO, that the proposed amendments to Chapter 4; Chapter 7; Sections 7.030 and 7.035; Chapter 11, Table 11.1; Chapter 22; and Chapter 28 of the Implementing Ordinance, Ordinance 2300 N.C.S., pursuant to this A-1-2 ATTACHMENT 1 ordinance 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 which provides essential housing for Petaluma residents, implementing the policies of the General Plan, and that they ensure consistency with state mandates. 3. The proposed zoning text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 which exempts the adoption of an ordinance by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code. Section 2: Tables 4.2, 4.3, 4.7, 4.8, 4.9, and 4.10 of Chapter 4 (Zoning Districts and Allowable Land Uses) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read in their entirety as follows: A-1-3 Residential Zones TABLE 4.2 Allowed Land Uses and Permit Requirements for Residential Uses LAND USE TYPE (1) LODGING Lodging - Short -Term Vacation Rentals Lodging -Bed & breakfast inn (B & B) RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility Golf course, country club Park School - Elementary, secondary, or college, private RESIDENTIAL Dwelling, Accessory Dwelling, Junior Accessory Dwelling, Group Dwelling, Multiple Dwelling, Single Household Home Occupation Residential, Accessory Structure Residential Care, 6 or fewer clients, in a home Residential Care, 7 or more clients Swimming Pool, Hot Tub, Spa Work/Live SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Medical services -Major Medical Services -Minor SERVICES -GENERAL Adult day program Child care center Day care - Large Family Day care - Small Family Public safety facility TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City Water & Sewer Facility Telecommunications facility Utility facility Key to zone symbols R2 - Residential 2 R3 - Residential 3 ATTACHMENT 1 P(16) Permitted Use A (4) CUP Conditional Use Permit Required A(3) S Permit Requirement in Specific Use Regulations A Accessory Use P -- Use Not Allowed P P Permit Required by Zone R2 R3 R4 ( R5 S P(15) P(15) P(15) P(15) S CUP CUP — — S CUP CUP CUP CUP P P P P CUP CUP CUP CUP A,S A,S A,S A,S S A,S A,S A,S A,S S S(5) S(5) — — S — P P P P P P P A,S(2) A,S(2) A,S(2) A,S(2) S A A A A P P P P A,S A,S A,S A,S S Specific Use Regulations ection 7.110 ection 7.100 ection 7.030 ection 7.035 ection 7.040 ection 7.050 ection 7.080 A (4) A (4) A (4) A (4) Section 7.060 A(3) A(3) A(3) A(3) P P P P P P P P Section 7.090 & S S S S Muni Code 14.44 R4 - Residential 4 R5 - Residential 5 0. ATTACHMENT 1 Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (14) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (15) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) A-1-5 Mixed Use Zones It-11:144EW Allowed Land Uses and Permit Requirements for Mixed Use Zones LAND USE TYPE (1) _ INDUSTRY, MANUFACTURING &PROCESSING ATTACHMENT I P(16) Permitted Use CUP CondilivnalUse Permit Required 8 Permit Requirement inSpecillioUse Regulations A Accessory Use — Use Not Allowed Permit Required by Zone Specific Use Artoan/cm8pmduct manufacturing P P — _______________________ CUP(6)_______________________________ C service, anaprimary use ___________________________________________________________ P(6) P — P(6) o�o�hcabinet i Furniture aodfix�mmau �mukm� � -�� . �- .��nQ' ''.�� .� P Laboratory -Medical, analytical ---------------------------------------------'------------- — P — — - — | P(��______---__- — -------M ------------------------------------- Media production p(6) i P --------------- _________M*diaPmductiun p(6) ------- Printing -and publishing ------------------------------------ p(0.... ------------------------------------------------ R000archand development Research — ! p — — LODGING -------� School - Elementary, secondary, orcollege, private ------------ CUP - --- Lodging -Short-Term Vacation Rentals P(15)P(t5) P(i 5) P(15)Soctio TMO_ Lodging-Bed&breakfam inn (B&B) — — — p -------------------------------------------------- Lodgng-Hotel/Motel P r---------- r------------------ | p | — p RECREATION, EDUCATION & PUBLIC ASSEMBLY Cordnmm CUP | CUP : — CUP Community Meeting Facility cup CUP � ____________________ Commercial UP ______ - � Fit/health facility ��`��-�� CUP P P ��-�--��- � � U��.m�� p p � — ------'-----------------------------r----------------- Pmrk p | p � p p -------� School - Elementary, secondary, orcollege, private ------------ CUP - --- I CUP ---------- CUP CUP -��_ ��- So�o-S��dEd��o and Training CUP CUP : — CUP ------------------------------------------------------------- Studio-Arl�dance, martial arts, music, etc. p --------------------------------- p p __---------- ---------------------------------- -----r----------- -------� Theater District Theater, cinema orperforming arts CUP / CUP � — CUP / | | | Ord. 2158 RESIDENTIAL Dwelling, Multiple Mu|��n '''---'-''--'---'''' ---'''' CUP -_''1.----'''-''''-'''_-'-'.'''---'-'' / CUP P — -------------- '--'-''---_'Dwe||ing.A000000ry Dwelling, Accessory A.S I A.S A.S A.S Section 7.030 '----------------------'-------------'---------------'------ D��|ing.JuniorAommomy A.S -----------------'---------- A.S A.S A.S ------------ Section 7.035 -- -- ------- --------------------[-- ______Ow*Uk��ng|*-_---__-__---------_---__--------��--_L__-�--__--_p-_--.__- - ---------------- ------ ---- ---- -------------- -----__-_Homu0ooupation Home Occupation A.S�) Section 7.050 -------------------------------------- --- ''''—'--' 4 -------------- ''--'-'-''''Ruuidentio|umn.7mmmno|iunts Residential care, 7 or more clients CUP(10) '---------'----------------------------------------- Reoido�o|om*hmi|i�.odu|� -------- CUP�� _i -------'----- Residential care facility, �r CUP(10) ------------------------------------------------ Residential care facility, for the elderly P�0 p�) CUP(10) '-''''---'--'—'---''-''---'—''-''--'-'''''---'''''-''---''' Ruoidentia|inmixed use building P(1� '''''-''''.'-'�'��'�')'�''''''��'i�'�'''''�''''''''—'''..'''''. ''''---'-'-''''---''''''- P�� P(1� P�0 '.'''. &-l-6 ATTACHMENT 1 TABLE 4.3 P(16) Permitted Use CUP Conditional Use Permit Required S Permit Requirement in Specific Use Regulations Allowed Land Uses and Permit Requirements for Mixed Use Zones A Accessory use — Use Not Allowed Permit Required by Zone ' specific use LAND USE TYPE (1) MU1A MU1B MU1C MU2 Regulations RETAIL Adult oriented business CUP CUP — CUP Chapter 10 Artisan Shop P P — P Auto parts sales P P — — Bar, tavern, night club CUP CUP — CUP Chapter 8 Building and landscape materials sales - Indoor P P — P Gas station CUP CUP — — General retail P P — P Groceries/specialty foods - 25,000 sf or less P P — P Groceries/specialty foods - More than 25,000 sf P P — — Plant nursery P P — — Restaurant, cafe, coffee shop P P CUP P SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P Bank, financial services P P — P Business support service P P — P Medical services - Health Care Facility P(6) P(6) — P(6) Medical services - Major P P — P Medical services - Minor P(6), (11) P(6), (11) P P(6), (11) Office - government P P P P(6) Office - Headquarters, or processing P(6) P — P(6) Office - Professional, administrative P P P P(6) SERVICES -GENERAL Adult Day Program CUP CUP CUP P Child Care Center P(6) P(6) — P(6) Child day care - Large Family — — A(4) — Section 7.060 Child day care - Small Family A(3) A(3) A(3) A(3) Kennel, animal boarding — CUP — — Meals Assembly Business P(12) — — — Mortuary, funeral home CUP — — — Personal services P P — P Personal services - Restricted P P — P Public safety facility P P P P Vehicle services - Minor maintenance/repair — P — CUP Veterinary clinic, animal hospital P(8) P(8) — P(8) TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility P P P P Parking facility, public or commercial CUP — — CUP Section 7.090 & Telecommunications facility S S S S Muni Code 14.44 Utility facility CUP CUP — CUP A-1-7 ATTACHMENT 1 Key to zone symbols MU1A - Mixed Use 1A MU1C - Mixed Use 1C MU1B - Mixed Use 1B MU2 - Mixed Use 2 Notes: (1) See Glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (14) See section 21.030 (Residential Uses Abutting Non -Residential Uses) (15) Short-term vacation rental permit, business license and transient occupancy tax certificate required (section 7.110 of Implementing Zoning Ordinance) A-1-8 ATTACHMENT 1 TABLE 4.7 — RR AND RI ZONE DEVELOPMENT STANDARDS Requirement by Zone Development Feature RR R1 Rural Residential Residential 1 Lot size Minimum area and width required for each lot in a new subdivision Minimum area 2 acres 20,000 sf' Minimum width Interior lot 100 ft Corner lot 150 ft 165 ft 110 ft Minimum depth 150 ft 130 ft Maximum coverage Mininunn setbacks required. See Chapter l2 for modifications, reductions, and Setbacks encroachments. See Chapter 7 for arw setback requirements applicable to a specific land Primary structure use. Front 40 ft 30 ft Side — Interior (each) 20 ft 15 ft Side — Street side 40 ft 30 ft Rear 40 ft 30 ft Garage front 40 ft 30 ft Detached Accessory 21 It 21 It Structure NA NA Front Side — Interior (each) Side — Street Rear Rear — Accessory Dwelling Not Permitted 4 f 40 ft 5 f Not Permitted 4 ft 30 ft 5 f 4 11 4 f The percent of the total site area covered Ur structures, open or enclosed, excluding Site coverage uncovered steps, patios and terraces. Maximum coverage Primary structure NA NA Accessory structure, 10% of the required setback area or 500 sf, 10% of the required setback area or 500 sf, detached' whichever is greater whichever is greater Height limit Maximum allowable height of structures. See Glossai y for height measurement Maximum height requirements, and Chapter 12 for height limit modifications. Principal Building 25 ft 25 ft Accessory Structure 15 ft 15 ft Accessory Dwelling 21 It 21 It Usable Open Space NA NA Fencing, Landscaping, & Tree Preservation See Chapters 13, 14, and 17 Parking See Chapter I 1 Signs See Chapter 20 1. If slope of the parcel is 10% or greater, the minimum parcel size is determined by Section 16.070(C). 2. See Section 7.030. Does not apply to accessory dwelling units 800 sf or less. A-1-9 ATTACHMENT 1 TABLE 4.8 — R2 AND R3 ZONE DEVELOPMENT STANDARDS Requirement by Zone R2 R3 Development Feature Residential 2 Residential 3 Lot size Mininium area and width required, for each lot in a new subdivision Minimum area 6,000 sf' 4,000 sf' Minimum width Interior lot 50 ft 40 ft Corner lot 55 ft 45 ft Minimum depth 70 ft 70 It Minimum setbacks required. See Chapter 12.for° modifications, reductions, and Setbacks encroachments. See Chapter 7for any setback requirements applicable to a specific land use. Primary structure Front 20 ft 15 ft Side — Interior (each) 5 ft 3 ft Side — Street side Comer Lot loft loft Reverse Corner Lot 15 ft loft Rear 20 ft 15 ft Garage front 20 ft 20 ft Detached Accessory Structure Front Not Permitted Not Permitted Side — Interior (each) 4 ft 4 ft Side — Street loft loft Rear 5 ft 5 ft Rear — Accessory Dwelling 4 ft 4 ft The percent of the total site area covered by structures, open or enclosed, excluding Site coverage uncovered steps, patios and terraces. Maximum coverage Primary structure NA NA Accessory structure, 10% of the required setback area or 500 sf, 10% of the required setback area or 500 sf, detached' whichever is greater whichever is greater Height limit Maxirnurn allowable height of structures. See Glossary for• height measurement requirements, Maximum height and Chapter 12 for height litnit modifications. Principal Building 25 ft 25 ft Accessory Structure 15 ft 15 ft Accessory Dwelling 21 ft 21 ft Usable Open Space NA 600 sf Fencing, Landscaping, & Tree Preservation Sec Chapters 13, 14, and 17 Parking Sec Chapter I 1 Signs Sec Chapter 20 1. If slope of the parcel is 10`, or greater, the minimum parcel size is determined by Section 16.070(C). 2. See Section 7.030. Does not apply to accessory dwelling units 800 sf or less. A-1-10 ATTACHMENT 1 TABLE 4.9 — R4 AND R5 ZONE DEVELOPMENT STANDARDS Requirement by Zone R4 R5 Development Feature Residential 4 Residential 5 Lot size Minimum area and i -width required for each lot in a new subdivision Minimum area 3,500 sf' 1,500 sf" Minimum width Interior lot 35 ft NA Corner lot 40 ft NA Minimum depth 70 ft NA Mininunu setbacks required. See Chapter 12,for modifications, reductions, and Setbacks encroachments. See Chapter 7 for any sethack requirements applicable to a specific land use. Primary structure Front ] 0 ft 0 ft Side — Interior (each) 0 ft 0 ft Side — Street side ] 0 ft 0 ft Rear loft 0 ft Garage front 20 ft 0 ft Detached Accessory Structure Front Not Pennitted Not Pennitted Side — Interior (each) 4 ft 4 ft Side — Street ] 0 ft loft Rear 5 ft 5 ft Rear — Accessory Dwelling 4 ft 4 ft The percent of the total site area covered by structures, open or enclosed, excluding uncovered Site coverage steps, patios and terraces. Maximum coverage Primary structure 60% NA Accessory structure, 10% of the required setback area or 500 sf, detached' whichever is greater NA Height limit Maxinunn allowable height of'structures. See Glossary, for height measurement requirements, Maximum height and Chapter 12 for height limit modifications. Principal Building 35 ft 45 ft3 Accessory Structure 25 ft 25 ft Accessory Dwelling 21 ft 21 ft 400 sf/unit Usable Open Space 300 sf/unit May include common open space Fencing, Landscaping, & Tree Preservation See Chapters 13, 14, and 17 Parking See Chapter 11 Signs See Chapter 20 1. If slope of the parcel is 10%, or greater, the minimum parcel size is determined by Section 16.070(C). 2. See Section 7.030. Does not apply to accessory dwelling units 800 sf or less. 3. An increase in height may be permissible as prescribed in Section 12.025. A -1-I1 Development Feature Lot size Minimum area Minimum width Minimum depth Setbacks Primary structure ATTACHMENT 1 TABLE 4.10 MUl AND MU2 ZONE DEVELOPMENT STANDARDS Requirement by Zone Front Side — Interior (each) Side — Street side Rear Garage front MU1 MU Mixed Use 1 Mixed Use 2 Minimum area and width required for each lot in a new subdivision NA 2,000 sf NA NA NA NA Minimum setbacks required. See Chapter 12 for nzodifications, reductions, and encroachments. See Chapter 7 for arry setback requirements applicable to a specific land use. 0 ft Oft Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft Oft 0 ft Abutting an R District: 15 ft plus i foot of additional setback for each foot of building height over 20 ft NA 0 ft minimum 10 ft maximum 0 ft minimum 10 ft maximum Abutting an R District: 15 ft plus I foot of additional setback for each foot of building height over 20 ft 0 ft minimum 10 ft maximum Oft Abutting an R District: 15 ft plus I foot of additional setback for each foot of building height over 20 ft NA Detached Accessory Structure Front Not Permitted Not Permitted Side — Interior (each) 4 ft 4 ft Side — Street 10 ft loft Rear 5 ft 5 ft Rear — Accessory Dwelling 4 ft 4 ft Floor Area Ratio. The gross floor area of'all Site Coverage. The percent of the total site buildings on a lot divided b), the building site area covered by structures, open or area. enclosed, excluding uncovered steps, patios Site coverage and terraces. Maximum coverage'- 80% 2.5 floor area ratio 100% for structured parking Height limit Maximum allowable height ofstructures. See Glossary for height measurement Maximum height requirements, and Chapter 12 for height limit modifications. Principal Building 30 ft' 45 ft Accessory Structure 20 ft 20 ft Usable Open Space 30 sf/unit- 30 sf/unit' Fencing, Landscaping, & Tree Preservation See Chapters 13, 14, and 17 Parking See Chapter 1 1 A-1-12 Signs See Chapter 20 ATTACHMENT 1 When the building is more than 30 feet from an abutting property line, one additional foot of height is permitted with each additional foot of setback over 30 feet for a maximum building height of 45 feet. See Section 7.030. Does not apply to accessory dwelling units 800 sf or less. The minimum depth of usable open space is 3 feet. Usable common open space is strongly encouraged. A-1-13 ATTACHMENT 1 Section 3: Section 7.030 (Accessory Dwelling Units) of Chapter 7 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read in its entirety as follows: 7.030 - Accessory Dwelling Units All accessory dwelling units must comply with the following standards: A. Zoning. An accessory dwelling unit may be created within a residential or mixed-use zone, including Planned Unit Developments. B. Type of Unit. An accessory dwelling may be created within an existing or proposed 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 or proposed structure on the property. Accessory dwelling units proposed in multi -family dwelling structures must comply with state building standards for dwellings and may not convert portions of the existing structure that are used for livable space. C. Number of Units Allowed. 1. Single Family Lots. One detached accessory dwelling unit is permitted on a lot with a proposed or existing single- family dwelling, notwithstanding the development standards included in this Section. One accessory dwelling unit and one junior accessory dwelling unit may be permitted on a lot with a proposed or existing single-family dwelling if all of the following standards are met: a. Either the accessory dwelling unit or junior accessory dwelling unit is within the existing or proposed single family dwelling or accessory structure on the lot; b. Any addition beyond the existing single-family dwelling or accessory structure to accommodate the accessory dwelling unit or junior accessory dwelling unit does not exceed 150 square feet and is limited to accommodate ingress and egress; C. The accessory dwelling unit or junior accessory dwelling has exterior access from the existing or proposed single family dwelling; d. The side and rear yard setbacks comply with all applicable fire and safety requirements, and e. The junior accessory dwelling unit meets all other requirements of Section 7.035. 2. Multi -Family Lots. One accessory dwelling unit is permitted on a lot with a proposed or existing multi -family dwelling, A maximum of two detached accessory dwellings are permitted on a multi -family lot if each unit is limited to 16 feet in height and provides 4 -foot side and rear yard setbacks. If the accessory dwellings units are provided within an existing multi -family dwelling structure, the maximum number of accessory dwelling units may not exceed twenty five percent of the existing number of multi -family dwelling units. D. Size of Unit. The maximum allowable living area of an accessory dwelling unit is 1,000 square feet; provided, however, that if a proposed accessory dwelling unit is to be attached to an existing or proposed primary residence, then the accessory dwelling unit total living area may not exceed fifty percent of the total living area of the primary residence, unless the accessory dwelling unit has a total living area no greater than 800 square feet, a height no greater than 16 A-1-14 ATTACHMENT 1 feet, and minimum 4 -foot side and rear yard setbacks. "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. E. Existing Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the establishment of an accessory dwelling unit the off-street parking spaces formerly provided by the demolished structure are not required to be replaced. If replaced, parking 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). F. Foundation Required. Accessory dwelling units must be permanent structures located on a permanent foundation. G. Setbacks. 1. Attached Units. Accessory dwelling units attached to the principal dwelling must comply with the principal dwelling setbacks of the zoning district. 2. Detached Units. Detached accessory dwelling units must comply with the setbacks of accessory structures. No setback shall be required for the conversion or in-kind reconstruction of existing living area or non -complying detached structures to accommodate a new accessory dwelling unit. In-kind reconstruction shall mean the same location, building footprint and height. Any construction proposing expansion to a nonconforming structure, such as a second story, must provide setbacks of no less than four feet from the side and rear lot lines. H. Parking. No additional parking is required for new accessory dwelling units. I. 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. J. Development Standard Exceptions. Limits on lot coverage, floor area ratio (FAR), and open space do not apply to accessory dwelling units that are less than 800 square feet, do not exceed 16 feet in height, provide minimum 4 -foot side and rear yard setbacks, and comply with all other local development standards. On multi -family development lots this exception may only apply to two detached units that meet the scale and setback parameters noted in this section. K. Fire Sprinklers and Fire Attenuation. Accessory dwelling units shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. L. 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. M. Construction Prior to Principal Dwelling. A certificate of occupancy for an accessory dwelling unit may not be issued before the issuance of a certificate of occupancy for the primary dwelling. N. Historic. Applications for accessory dwelling units on designated landmark sites or within a designated historic district are subject to Chapter 15: Preservation of the Cultural and Historic Environment. 0. 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. P. Ownership. Accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence unless all the following criteria are met: A-1-15 ATTACHMENT 1 1. The property was built or developed by a qualified nonprofit corporation. 2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10)—of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. a. A "qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the California Health and Safety Code. b. A "qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no -interest loan program. 3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: a. The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. b. A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property. c. A requirement that the qualified buyer occupy the property as the buyer's principal residence. d. Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner -occupied housing units and will be sold or resold to a qualified buyer. 4. A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change in Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. 5. Notwithstanding Section 65852.2(f)(2)(A) of the California Government Code, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. Section 4: Section 7.035 (Junior Accessory Dwelling Units) of Chapter 7 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read in its entirety as follows: 7.035 - Junior Accessory Dwelling Units All junior accessory dwelling units shall comply with the following standards: A. Zoning. A junior accessory dwelling unit may be created within a residential or mixed-use zone, including Planned Unit Developments. B. Number of Units Allowed. Only one junior accessory dwelling unit may be located within an existing or proposed single family dwelling. A-1-16 ATTACHMENT 1 C. Owner Occupancy. The owner of a parcel with a single-family dwelling and a proposed 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. D. Location of Junior Accessory Dwelling Unit. Ajunior accessory dwelling unit must be created within the existing walls of an existing or proposed primary dwelling. E. Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Interior Entry Remains. The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. G. Kitchen Requirements. Junior accessory dwelling units shall include an efficiency kitchen, which complies with any applicable requirements of the Building Code, and includes the following components: 1. A cooking facility with appliances, and 2. A food preparation counter and storage cabinets that are reasonable to size of the unit. H. Existing Parking. When an attached garage that provides existing parking is converted in conjunction with the establishment of a junior accessory dwelling unit, the off-street parking spaces formerly provided by the converted area are not required to be replaced. If provided, replacement parking 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). I. Parking. No additional parking requirements apply for creation of a junior accessory dwelling unit. J. Maximum Unit Size. The maximum unit size for a junior accessory dwelling unit is five hundred (500) square feet. K. Setbacks. Setbacks are as required for the primary dwelling unit. L. 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. M. No Water Connection Fees. No water connection fee is required for the development of a junior accessory dwelling unit. N. No Sewer Connection Fee. No sewer connection fee is required for the development of a junior accessory dwelling unit. 0. Rentals. All rentals of accessory dwelling units shall be for a term of more than 30 days. Section 5: Table 11.1 (Parking Spaces Required) of Chapter 11 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read in its entirety as follows: 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 A-1-17 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. ATTACHMENT 1 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 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 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 No replacement parking required for conversions to accessory dwelling units or junior accessory dwelling units. 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. Fueling/Gas Stations 1 for each Pump Island, plus 1 for each Service Bay, plus 1 for each Employee on the Maximum Shift A-1-18 ATTACHMENT 1 Funeral Homes, Mortuaries 1 for each 5 seats for the aggregate number of seats provided in all assembly 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, 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 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 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 purposes standards herein. All new Premises structures in Industrial zones shall provide no less than 35 spaces per acre of land A-1-19 ATTACHMENT 1 Section 6: Section 22.030 of Chapter 22 (Non -Conforming Uses) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read in its entirety as follows: 22.030 - Regulation of Non -conforming Uses and Structures All non -conforming uses or shall be subject to the following regulations: A. Modifications to Non -Conforming Uses and Structures. A non -conforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a non -conforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have non -conforming setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non -conformity of setbacks and provided further that minimum setback of ten (10) feet are maintained for a principal structure's front and rear setbacks, three (3) feet for a principal structure's side setback, and three (3) feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities). B. Modifications to Non -Conforming Structures and Accessory Dwelling Unit Conversions. A non -conforming structure that will be converted to an accessory dwelling unit may be reconstructed to occupy the same location, building footprint, and height as the existing structure. A conversion or reconstruction for the purposes of creating a new accessory dwelling unit that is proposing expansion to a nonconforming structure, such as a second story, must provide setbacks of no less than four feet from the side and rear lot lines. C. Change of Use. No non -conforming use shall be changed to another non -conforming use without approval by the Planning Commission and then only to a use which, in the opinion of the Commission, is of the same or of a more restricted nature. D. Discontinuation of a Non -Conforming Use of a Structure. A non -conforming use of a structure shall not be re- established if such use has been discontinued for a period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume use of a non -conforming structure shall not confer the right to do so. E. Discontinuation of a Non -Conforming Use of Land. A non -conforming use of land, not involving a structure other than fences, signs, and buildings less than four hundred (400) square feet in area shall not be re-established if such use of land has been discontinued for a period of three (3) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume a non -conforming use of land shall not confer the right to do so. F. Damage to a Non -Conforming Structure. A non -conforming structure which is damaged by fire, flood, or act of God to an extent exceeding fifty (50) percent of its value, as determined by a methodology based on comparable neighborhood values as approved by the Director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated. G. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed necessary. A-1-20 ATTACHMENT I Section 7: "D. Definitions," of Chapter 28 (Glossary) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. is hereby amended to read in its entirety as follows: D. Definitions, "D." Demolition. The removal of 50% or more of the exterior walls of a building or structure or the relocation of a building from one parcel of land to another or the raising of an existing structure beyond what is required for a new foundation. The initial determination of demolition is made by the Community Development Director. Development Project. Any project which would, if carried out, establish or permit to be established any new or changed use of any real property, building, structure or sign. Driveway, Residential. A way that is typically paved and provides direct access from a public or private street to an individual dwelling unit or to the garage or parking area for the residential unit. Dwelling, Accessory. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as that on which the single or multifamily household dwelling is or will be situated and meeting the requirements of Section 7.030. Dwelling, Attached. A building containing a single dwelling unit and having one or more walls in common with another such unit with each unit located on a separate lot. Dwelling, Caretaker. A permanent residence that is secondary or accessory to the primary use of the property and used for housing a caretaker employed on the site of any non-residential use where needed for security purposes. Dwelling, Detached. A building designed for and/or occupied exclusively by one household that has no walls in common with any other structure or dwelling unit. Dwelling, Group. A group of two (2) or more detached dwellings located on one parcel of land in one (1) ownership and meeting the requirements of Section 7.040. No more than three (3) dwelling units shall be erected in a dwelling group. An accessory dwelling is not included as a dwelling for the purposes of a dwelling group. Dwelling, Junior Accessory. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence and meeting the requirements of Section 7.035. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Dwelling, Multiple. A building designed or used exclusively as a residence including two or more separate dwelling units. This definition includes but is not limited to duplexes, triplexes, apartments, and condominiums under a common ownership. Dwelling, Single Household. A freestanding building designed for and/or occupied by one household. Dwelling, Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis. A-1-21 ATTACHMENT 1 Section 8: 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 9: 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 10: Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 11: 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. A-1-22