HomeMy WebLinkAboutStaff Report 6.A 06/01/2020Agenda Item #6.A
DATE: May 18, 2020
TO: Honorable Mayor and Members of the City Council through City Manager'
FROM: Brittany Bendix, Deputy Planning Manager
SUBJECT: Introduction 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 -conforming 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 introduce an 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-confonning Structures), and
Chapter 28 (Glossary) to comply with recent changes in California State Code associated with
Accessory Dwelling Units and Junior Accessory Dwelling Units:
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 Accessory Dwelling Units (ADU) and
Junior Accessory Dwelling Units (JADU). 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. 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 any new ADU.
In addition, at the January 6, 2020 hearing the City Council 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.
Prior to the second reading of the regular ordinance scheduled for January 27, 2020, the City
received a letter from Californians for Homeownership (Attachment 5) challenging the proposed
ordinance's consistency with the new State law. Staff continued the second reading of the
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ordinance to allow additional review time in response to the claims in the comment letter and the
city's draft ordinance. The discussion section below outlines each item raised in the letter and any
proposed modifications included in the revised ordinance to better align with State direction.
DISCUSSION
The discussion below outlines modifications to the proposed ADU legislation (as shown in
Attachment 1) since the City Council's previous introduction of the ordinance in January 2020.
Due to the modifications the ordinance is before the City Council for introduction. The urgency
ordinance approved by the City Council in January 2020 remains in effect until the introduction,
approval, and referendum period of a new regular ordinance.
Setbacks for Attached Units: The IZO sets forth required front, side and rear yard setbacks for
primary structures and detached accessory structures and which vary by zoning district. Typically,
ADUs are detached from a primary structure; however, they can also be attached and serve as an
expansion to the primary structure. The previously introduced text amendments applied the 4 -foot
setback requirements only to detached ADUs, requiring that an attached ADU comply with the
same setback requirements for a primary structure. However, the State law does not provide a
distinction between attached and detached units in its enabling legislation, California Government
Code Section 65852.2(a)(1)(D)(vii), and therefore as the commenter points out the 4 -foot setback
should apply more generally to all ADUs. Staff has modified the proposed text amendments to
IZO Section 7.030(G) to apply the 4 -foot setback requirements to all ADUs, regardless of whether
a unit is attached or detached.
Interior Connections in JADUs: State law previously required that JADUs provide an interior
connection to the primary dwelling unit. However, recent state legislative changes eliminated that
requirement from California Government Code Section 65852.22(a)(5). Because a local
jurisdiction may not impose requirements more restrictive than the State, the revised text
amendments include elimination of the requirement for interior connections in IZO Section 7.035.
Architectural Compatibility: California Government Code Section 65852.2(a)(3) requires that an
ADU or JADU be considered and approved ministerially without discretionary review or a
hearing. This direction conflicts with the architectural compatibility requirements of IZO Section
7.030 because the language, as shown below, conveys a subjective requirement open to the
discretion of staff.
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.
Rather than strike this section in its entirety, the draft language below provides encouragement for
architectural compatibility and objective criteria for preservation of privacy. By providing the
quantifiable measures for preserving privacy the discretion is eliminated and the requirement is
able to be considered as part of the ministerial review of a new ADU, consistent with State
direction and in response to the concern brough up in the public comment letter. Staff considered
objective standards for architectural compatibility such as matching color or exterior material but
was concerned about unintended consequences in design choices to meet ordinance criteria.
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Architectural Compatibility. An accessory dwelling is encouraged to be designed to be compatible with the
architectural richness of existing development in the immediate vicinity and principal dwelling on the site.
Privacy. New accessory dwellings constructed above the ground floor shall also be designed to reasonably
preserve the privacy of adjacent property owners. Appropriate design techniques to preserve privacy include
obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows
and doors toward the existing on-site residence.
ADUs in Historic Districts: As noted above, State law requires that ADUs and JADUs be
approved ministerially without a public hearing or discretionary review. However, per IZO
Chapter 15 (Historic Preservation), all modifications, additions, and new construction within a
designated historic district or on a designated landmark site are subject to Historic Site Plan and
Architectural Review, which is a discretionary review process. In order to eliminate the
discretionary review for new ADUs and JADUs within the boundaries of designated historic
districts or on locally designated landmark properties while also being respectful of the intent of
the historic review guidelines to maintain the character of Petaluma's rich historic resources, staff
proposes the following language for consideration by the City Council:
D. Historic. The following criteria apply to all applications for accessory dwelling units on designated landmark sites or
within a designated historic district:
1. The accessory dwelling unit shall not include the use of plastic or vinyl in exterior materials, architectural features,
windows, fencing, or other treatment;
2. The accessory dwelling unit shall not be a replica of the architectural style of the historic primary structure on the
site; and
The accessory dwelling unit must demonstrate architectural compatibility with the existing site or district by
complying with one of the two requirements listed below:
Matching each of the following qualities of the accessory dwelling unit to the proposed or existing primary
dwelling unit: (a) color, (b) siding material and pattern, and (c) window type; or
Submittal of a historic resource survey by a qualified professional that concludes the proposed accessory
dwelling unit will not negatively impact historic resources on the property or in the district and will be
consistent with the Secretary of the Interior Standards for Treatment of Historic Properties.
These amendments ensure that the proposed ADU will be compatible architecturally with the
primary residence, as is consistent with the City's existing historic district guidelines. Further, the
amendments provide a path for applicants desiring to establish more differentiation between the
units, through the preparation of a historic resource survey and compliance with the Secretary of
the Interior Standards.
Number of Units Allowed. Staff has revised the proposed language in Section 7.030 which sets
forth limitations on the number of accessory dwelling units per lot in order to provide additional
clarity. Because some lots can have a greater number of ADUs if specific standards are met, staff
has included an overarching statement at the beginning of the provision that addresses potential
conflict with development standards that may be noted elsewhere in the IZO. This is necessary as
the State's enabling legislation does not allow more extensive controls. Additionally, the language
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that allows for the interior conversion of multi -family lots such that the number of ADUs is no
greater than 25 percent of the existing number of units, includes clarification that at least one
accessory dwelling unit may be provided.
CITY GOALS
The proposed text amendments are proposed in response to recently adopted state law regarding
ADUs and JADUs. The text amendments also facilitate the increased production of ADUs in
Petaluma which 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.
Additionally, the proposed text amendments are consistent with adopted policy in the General Plan
2025 and more specifically in the City's Housing Element, including:
GENERAL PLAN CONSISTENCY
The proposed zoning ordinance amendments are in general conformity with the General Plan.
Specifically, the proposed text amendments are consistent with the following goals and policies of
the City of Petaluma 2015-2023 Housing Element:
Goal 1: Provide adequate residential development opportunities to accommodate projected
residential growth and facilitate mobility within the ownership and rental markets.
Goal 2: Promote a range of housing types to meet the housing needs of all Petalumans.
Policy 2.1: Encourage a mix of housing design types.
Policy 2.2: Allow flexibility within the City's standards and regulations to encourage a variety
of housing types.
Goal 3: Minimize constraints on housing development to expedite construction and lower
development costs.
ENVIRONMENTAL REVIEW
The proposed zoning text amendments and fee resolutions 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.
PUBLIC COMMENT
Public notice was published in an eighth page ad in the Argus Courier on Thursday, April 7, 2020.
No specific public comment has been received in response to this public notice as of preparation
of this report.
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As described above, prior to a scheduled second reading of the draft text amendment ordinance on
January 27, 2020, the City received a letter from Californians for Homeownership (Attachment 5).
Since that time Staff has worked with their legal representation to clarify updates to the proposed
language that occurred between the Planning Commission and City Council hearings, which was
not considered in the letter. Additionally, staff has incorporated some of their suggested revisions
into the amendments for consideration by the City Council on May 18, 2020.
ATTACHMENTS
Attachment 1:
Draft Ordinance
Attachment 2:
Planning Commission Resolution No. 2019-23
Attachment 3:
Planning Commission Staff Report, December 17, 2019
Attachment 4:
City Council Staff Report, January 6, 2020
Attachment 5:
Letter from Californians for Homeownership
Attachment 6:
Redline of Proposed Amendments to IZO Chapter 4
Attachment 7:
Redline of Proposed Amendments to IZO Sections 7.030 and 7.035
Attachment 8:
Redline of Proposed Amendments to IZO Table 11.1
Attachment 9:
Redline of Proposed Amendments to IZO Chapter 22
Attachment 10:
Redline of Proposed Amendments to IZO Chapter 28
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ATTACHMENT
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 ACESSORY 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
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ATTACHMENT
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) detennination 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 May 7, 2020 a public notice of the May 18, 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 May 18, 2020, the City Council of the City of Petaluma continued the
item without discussion to a date certain of June 1, 2020; and,
WHEREAS, on June 1, 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:
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 and May 11, 2020 City Council staff reports.
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ATTACHMENT
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
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:
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ATTACHMENT
Residential Zones
TABLE 4.2 P(16) Permitted Use
CUP Conditional Use Permit Required
Allowed Land Uses and Permit Requirements for S Permit Requirement in Specific Use Regulations
Residential Uses A Accessory use
— Use Not Allowed
Permit Required by Zone Specific use
LAND USE TYPE (1) r R2 R3 R4 R5 Regulations
LODGING
Lodging - Short -Term Vacation Rentals P(15) P(15) P(15) P(15) Section 7.110
Lodging -Bed & breakfast inn (B & B) CUP CUP — — Section 7.100
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Community Meeting Facility
CUP
CUP
CUP
CUP
Golf course, country club
—
—
—
—
Park
P
P
P
P
School - Elementary, secondary, or college, private
CUP
CUP
CUP
CUP
RESIDENTIAL
S
S
S
Dwelling, Accessory
A,S
A,S
A,S
A,S Section 7.030
Dwelling, Junior Accessory
A,S
A,S
A,S
A,S Section 7.035
Dwelling, Group
S(5)
S(5)
—
— Section 7.040
Dwelling, Multiple
—
P
P
P
Dwelling, Single Household
P
P
P
P
Home Occupation
A,S(2)
A,S(2)
A,S(2)
A,S(2) Section 7.050
Residential, Accessory Structure
A
A
A
A
Residential Care, 6 or fewer clients, in a home
P
P
P
P
Residential Care, 7 or more clients
—
—
—
—
Swimming Pool, Hot Tub, Spa A,S A,S A,S A,S Section 7.080
Work/Live — — — —
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
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
1-4
ATTACHMENT
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)
1-5
ATTACHMENT
Mixed Use Zones
TABLE 4.3 P(16) Permitted Use
CUP Conditional Use Permit Required
Allowed Land Uses and Permit Requirements for S Permit Requirement in Specific Use Regulations
A Accessory Use
Mixed Use Zones _ Use Not Allowed l
Permit Required by Zone Specific Use
LAND USE TYPE (1) �MUIA I MU1B I MU1C I MU2 I Regulations
INDUSTRY, MANUFACTURING & PROCESSING
Artisan/craft product manufacturing
Catering service, as a primary use
Furniture and fixture manufacturing, cabinet making
Laboratory -Medical, analytical
Manufacturing, light
Media production
Printing and publishing
Research and development
LODGING
Lodging - Short -Term Vacation Rentals
Lodging - Bed & breakfast inn (B&B)
Lodging - Hotel/Motel
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
Community Meeting Facility
Commercial recreation - Indoor
Fitness/health facility
Library, museum, art gallery
Park
School - Elementary, secondary, or college, private
School - Specialized Education and Training
Studio - Art, dance, martial arts, music, etc.
Theater, cinema or performing arts
RESIDENTIAL
Dwelling, Multiple
Dwelling, Accessory
Dwelling, Junior Accessory
Dwelling, Single
Home Occupation
Residential care, 7 or more clients
Residential care facility, adult
Residential care facility, for the chronically ill
Residential care facility, for the elderly
Residential in mixed use building
Work/Live
P
P
—
CUP(6)
P(6)
P
—
P(6)
—
P
—
-
-
P
—
-
-
P(14)
—
—
P(6)
P
—
P(6)
P(6)
P
—
P(6)
—
P
—
—
P(15)
P(15)
P(15)
P(15)
Section 7.110
—
—
—
P
P
P
—
P
CUP
CUP
—
CUP
Chapter9
CUP
CUP
CUP
CUP
CUP
CUP
—
P(6)
P
P
—
P
P
P
—
P
P
P
P
P
CUP
CUP
CUP
CUP
CUP
CUP
—
CUP
P
P
—
P
Theater District
CUP
CUP
—
CUP
Ord. 2158
CUP
CUP
P
—
A,S
A,S
A,S
A,S
Section 7.030
A,S
A,S
A,S
A,S
Section 7.035
—
—
P
—
A,S(2)
A,S(2)
A,S(2)
A,S(2)
Section 7.050
P(10)
P(10)
P
CUP(10)
P(6)
P(6)
—
CUP(10)
P(6)
P(6)
—
CUP(10)
P(6)
P(6)
—
CUP(10)
P(10)
P(10)
P(10)
P(10)
P(6)
P(6)
P
P(6)
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TABLE 4.3
Allowed Land Uses and Permit Requirements for
Mixed Use Zones
ILAND USE TYPE (1)
RETAIL
Adult oriented business
Artisan Shop
Auto parts sales
Bar, tavern, night club
Building and landscape materials sales - Indoor
Gas station
General retail
Groceries/specialty foods - 25,000 sf or less
Groceries/specialty foods - More than 25,000 sf
Plant nursery
Restaurant, cafe, coffee shop
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM
Bank, financial services
Business support service
Medical services - Health Care Facility
Medical services - Major
Medical services - Minor
Office - government
Office - Headquarters, or processing
Office - Professional, administrative
SERVICES -GENERAL
Adult Day Program
Child Care Center
Child day care - Large Family
Child day care - Small Family
Kennel, animal boarding
Meals Assembly Business
Mortuary, funeral home
Personal services
Personal services - Restricted
Public safety facility
Vehicle services - Minor maintenance/repair
Veterinary clinic, animal hospital
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
City water & sewer facility
Parking facility, public or commercial
Telecommunications facility
Utility facility
ATTACHMENT
P(16) Permitted Use '
CUP Conditional Use Permit Required
S Permit Requirement in Specific Use Regulations
A Accessory Use
— Use Not Allowed
Permit Required by Zone Specific Use
MU1A I MU113 I MU1C -) MU2 I Regulations
CUP
CUP
—
CUP
Chapter 10
P
P
—
P
P
P
CUP
CUP
—
CUP
Chapter 8
P
P
—
P
CUP
CUP
—
—
P
P
—
P
P
P
—
P
P
P
—
—
P
P
—
—
P
P
CUP
P
P
P
P
P
P
P
—
P
P
P
—
P
P(6)
P(6)
—
P(6)
P
P
—
P
P(6), (11)
P(6), (11)
P
P(6), (11)
P
P
P
P(6)
P(6)
P
—
P(6)
P
P
P
P(6)
CUP
CUP
CUP
P
P(6)
P(6)
—
P(6)
—
—
A(4)
—
Section 7.060
A(3)
A(3)
A(3)
A(3)
—
CUP
—
—
P(12)
—
—
—
CUP
—
—
—
P
P
—
P
P
P
—
P
P
P
P
P
—
P
—
CUP
P(8)
P(8)
—
P(8)
P
P
P
P
CUP
CUP
Section 7.090 &
S
S
S
S
Muni Code 14.44
CUP
CUP
—
CUP
1-7
ATTACHMENT
Key to zone symbols
MU1A- Mixed Use 1A MU1C - Mixed Use 1C
MU16 - 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)
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ATTACHMENT
1-9
TABLE 4.7 - RR AND RI ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature RR
Rural Residential
RI
Residential t
ATTACHMENT
Lot size
Minimran 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 11011
Minimum depth
150 ft 130 ft
Minimum setbacks required. See Chapter 12 for modifications, reductions, and
Setbacks
encroachments. See Chapter 7 for any 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
Structure
Front
Not Permitted Not Permitted
Side — Interior (each)
4 ft 4 ft
Side — Street
40 ft 30 ft
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 stops, 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 Glossar v, 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 ft 21 ft
Usable Open Space
NA NA
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.
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TABLE 4.8 — R2 AND R3 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature
Lot size
Minimum area
Minimum width
Interior lot
Corner lot
Minimum depth
Setbacks
Primary structure
Front
Side — Interior (each)
Side — Street side
Corner Lot
Reverse Corner Lot
Rear
Garage front
Detached Accessory
Structure
Front
Side — Interior (each)
Side — Street
Rear
Rear — Accessory Dwelling
Site coverage
Maximum coverage
Primary structure
Accessory structure,
detached' -
Height limit
Maximum height
Principal Building
Accessory Structure
Accessory Dwelling
Usable Open Space
Fencing, Landscaping, &
Tree Preservation
Parking
ATTACHMENT
R2 R3
Residential 2 Residential 3
Minimum area and width required for each lot in a new subdivision
6,000 sf' 4,000 sf'
50 ft 40 ft
55 ft 45 ft
70 It 70 ft
Minimum setbacks required. See Chapter 12.1or modifications, reductions, and
encroachments. See Chapter 7 for any setback requirements applicable to a specific land use.
20 ft 15 ft
5 ft 3 It
]Oft
]Oft
15 It
]Oft
20 It
15 ft
20 ft
20 ft
Not Pennitted Not Permitted
4 ft 4 It
loft loft
5 ft 5 It
4 f 4 f
The percent of the total site area covered oy structures, open or enclosed, excluding
uncovered steps, patios and terraces.
NA NA
10% of the required setback area or 500 sf, 10% of the required setback area or 500 sf,
whichever is greater whichever is greater
Maximum allowable height of structures. See Glossary for height measurement requirements,
and Chapter 12 for height limit modifications.
25 ft 25 ft
15 It 15 ft
21 ft 21 ft
NA 600 sf
See Chapters 13, 14, and 17
See Chapter 1 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.
ATTACHMENT 1
TABLE 4.9 — R4 AND R5 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
R4 — R5
Development Feature Residential 4 Residential 5 —
C
Lot size Mininmrun area and width required for each lot in a new subdivision
Minimum area
3,500 sf' 1,500 sfl
Minimum width
Interior lot 35 ft NA
Corner lot 40 ft NA
Minimum depth
Setbacks
Primary structure
Front
Side — Interior (each)
Side — Street side
Rear
Garage front
Detached Accessory
Structure
Front
Side — Interior (each)
Side — Street
Rear
Rear - Accessory Dwelling
Site coverage
Maximum coverage
Primary structure
Accessory structure,
detached' -
Height limit
Maximum height
Principal Building
Accessory Structure
Accessory Dwelling
Usable Open Space
70 ft NA
Minimum setbacks required. See Chapter I2 for modifications, reductions, and
encroachments. See Chapter 7 for any setback requiremenis applicable to a specific land use.
10 It
0 ft
Oft
Oft
loft
0 ft
loft
0 ft
20 ft
0 ft
Not Permitted Not Permitted
4 f 4 1
10 ft 10 It
5 f 5 f
4 It 4 ft
The percent of the total site area covered by structures, open or enclosed, excluding uncovered
steps, patios and terraces.
60% NA
10% of the required setback area or 500 sf,
whichever is greater NA
Mcrzirn nn allowable height of structures. See Glossar_i, far height measurement requirements,
and Chapter l2 for height limit modifications.
35 ft 45 ft
25 ft 25 ft
21 ft 21 ft
400 sf/unit
300 sffunit May include common open space
Fencing, Landscaping, &
See Chapters 13, 14, and 17
Tree Preservation
Parking See Chapter 1 I
Signs See Chapter 20
1. If slope of the parcel is 10% or greater, the minimum parcel size is determined by Section 16.070(0).
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.
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Development Feature
Lot size
Minimum area
Minimum width
Minimum depth
Setbacks
Primary structure
ATTACHMENT
TABLE 4.10 MU1 AND MU2 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Front
Side — Interior (each)
Side — Street side
Rear
Garage front
Detached Accessory
Structure
Front
Side — Interior (each)
Side — Street
Rear
Rear— Accessory Dwelling
Site coverage
Maximum coverage -
Height limit
Maximum height
Principal Building
Accessory Structure
Usable Open Space
Fencing, Landscaping, &
Tree Preservation
Parking
MUl MU
Mixed Use 1 Mixed Use 2
Mininuon area and width required for each lot in a new subdivision
NA 2,000 sf
NA NA
NA NA
Minimrnn setbacks required. See Chapter 12 for modifications, reductions, and
encroachments. See Chapter 7 for an)� setback requirements applicable to a specific land use.
0 ft
0 ft
Abutting an R District: 15 ft plus 1 foot of
additional setback for each foot of building
height over 20 ft
0 ft
0 ft
Abutting an R District: 15 ft plus 1 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 1 foot of
additional setback for each foot of building
height over 20 ft
0 ft minimum
10 ft maximum
0 ft
Abutting an R District: 15 ft plus 1 foot of
additional setback for each foot of building
height over 20 ft
NA
Not Pennitted
Not Pennitted
4 ft
4 ft
loft
loft
5 ft
5 ft
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 bu' the building site
area covered by structures, open or
area.
enclosed, excluding uncovered steps, patios
and terraces.
80%
2.5 floor area ratio
100% for structured parking
Maximum allowable height of structures.
See Glossary. for height measurement
requirements, and Chapter 12 for height limit modifications.
30 ft'
45 ft
20 ft
20 ft
30 sf/unit'
30 sf/unit'
See Chapters 13, 14, and 17
See Chapter 11
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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.
2. See Section 7.030. Does not apply to accessory dwelling units 800 sf or less.
3. The minimum depth of usable open space is 3 feet. Usable common open space is strongly encouraged.
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ATTACHMENT
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. Notwithstanding the development standards included in this Section or elsewhere in the
Implementing Zoning Ordinance, the requirements for the number of Accessory Dwelling Units allowed on a lot are as
follows:
1. Single Family Lots.
One detached accessory dwelling unit is permitted on a lot with a proposed or existing single-family dwelling
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
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,
or one unit, whichever is greater.
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ATTACHMENT
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
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. An accessory dwelling unit must provide setbacks of no less than four feet from the side and rear lot lines.
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. Architectural Compatibility. An accessory dwelling is encouraged to be designed to be compatible with the
architectural richness of existing development in the immediate vicinity and principal dwelling on the site.
M. Privacy. New accessory dwellings constructed above the ground floor shall also be designed to reasonably
preserve the privacy of adjacent property owners. Appropriate design techniques to preserve privacy include
obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows
and doors toward the existing on-site residence.
N. 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.
0. Historic. The following criteria apply to all applications for accessory dwelling units on designated landmark sites or
within a designated historic district:
1. The accessory dwelling unit shall not include the use of plastic or vinyl in exterior materials, architectural features,
windows, fencing, or other treatment;
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ATTACHMENT
2. The accessory dwelling unit shall not be a replica of the architectural style of the historic primary structure on the
site; and
The accessory dwelling unit must demonstrate architectural compatibility with the existing site or district by
complying with one of the two requirements listed below:
Matching each of the following qualities of the accessory dwelling unit to the proposed or existing primary
dwelling unit: (a) color, (b) siding material and pattern, and (c) window type; or
Submittal of a historic resource survey by a qualified professional that concludes the proposed accessory
dwelling unit will not negatively impact historic resources on the property or in the district and will be
consistent with the Secretary of the Interior Standards for Treatment of Historic Properties.
P. 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.
Q. 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:
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.
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ATTACHMENT
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.
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. A junior 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.
F. 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.
G. 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).
H. Parking. No additional parking requirements apply for creation of a junior accessory dwelling unit.
I. Maximum Unit Size. The maximum unit size for a junior accessory dwelling unit is five hundred (500) square feet.
J. Setbacks. Setbacks are as required for the primary dwelling unit.
K. 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.
L. No Water Connection Fees. No water connection fee is required for the development of a junior accessory dwelling
unit.
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ATTACHMENT
M. No Sewer Connection Fee. No sewer connection fee is required for the development of a junior accessory dwelling
unit.
N. 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
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
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
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ATTACHMENT
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.
Manufacturing/Processing
1 for each Pump Island, plus
Fueling/Gas Stations
1 for each Service Bay, plus
Medical Services- Major
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
Medical Services- Minor
rooms of the mortuary
General Retail
1 for each 300 square feet of gross floor area
Groceries, Specialty Foods
1 for each 2 students
Hotels and Motels
1 for each living or sleeping unit plus
Schools and Administrative Offices
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
School -Private
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
1 for each 2 students
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
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ATTACHMENT
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
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.
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ATTACHMENT
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.
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ATTACHMENT
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.
1-23
ATTACHMENT
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.
1-24
RESOLUTION 2019-23
CITY OF PETALUMA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A ZONING TEXT AMENDMENT
TO MODIFY THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE 2300 N.C.S., 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 ADDRESS CONSISTENCY WITH CALIFORNIA SENATE BILL 13, ASSEMBLY BILL 68,
ASSEMBLY BILL 587, ASSEMBLY BILL 670, AND ASSEMBLY BILL 881
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, the State of California, recognizing the importance of Accessory Dwelling Units 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 Accessory Dwelling Units and Junior Accessory Dwelling Units; 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
Accessory Dwelling Units and Junior Accessory Dwelling Units; and
WHEREAS, Assembly Bill 670 voids restrictions within common interest developments that inhibits
construction of Accessory Dwelling Units according to specific criteria; and
WHEREAS, Assembly Bill 587 establishes a process by which Accessory Dwelling Units may be sold
separately from a primary residence; and
WHEREAS, proposed Zoning Text Amendments modify the following existing regulations in order to
ensure consistency with the above changes to State law, staff recommends text amendments to the
City's Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Chapter 4 — 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; and
WHEREAS, an eighth page public notice of the December 17, 2019 public hearing before the
Planning Commission to consider the amendments was published in the Argus -Courier on December 5,
2019; and,
WHEREAS, pursuant to IZO §25.050, the Planning Commission held a duly noticed public hearing
to consider the zoning text amendments on December 17, 2019, at which time all interested parties had
the opportunity to be heard; and
4-1
Planning Commission Resolution No. 2019-23 Page 1
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 Amendments, which in this case has been initiated
by the Community Development Director.
NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows:
1. The proposed amendments to the Implementing Zoning Ordinance Chapter 4, Chapter 7 Sections
7.030 and 7.035, Chapter I I Table 11.1, Chapter 22, and Chapter 28 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. 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 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 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 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.
ADOPTED this 17th day of December, 2019, by the following vote:
Commission Member Aye No
Counclimember McDonnell
Chair Alonso X
Vice Chair Bauer X
Gomez
Marzo
Potter X
Streeter X
ATTEST:
Heather Hines, Commission Secretary
Scott Alonso, Chair
Absent I Abstain
91
q
9
APPROVED AS TO FORM:
Lisa Tennenbaum, Assistant City Attorney
EWA
Planning Commission Resolution No. 2019-23 Page 2
ATTACHMENT 3
DATE: December 17, 2019 AGENDA ITEM NO. 8A
TO: Planning Commission
FROM: Brittany Bendix, Deputy Planning Manager
SUBJECT: Zoning Text Amendment to the 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 -conforming Structures), and Chapter 28 (Glossary) to
address consistency with changes in California State legislation associated with
Accessory Dwelling Units and Junior Accessory Dwelling Units.
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., modifying 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)
to address consistency with changes in California State legislation associated with Accessory
Dwelling Units and Junior Accessory Dwelling Units. (Attachment A)
BACKGROUND
The Planning and Zoning Law authorizes a local agency, such as the City of Petaluma, to
provide for the creation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs) in single-family and multi -family residential zones. Existing state law also
enables local jurisdictions to impose development standards on ADUs as they relate to such
parameters as height, lot size, lot coverage, setbacks, unit size, and parking. However, while the
State enables local control, the State also sets forth a framework for what a local entity can and
cannot require. The State also gives local entities a choice; they can adopt their own ADU/JADU
ordinance that works within the State's framework, or they can default to the State's own
adopted standards.
In 2017 the state legislature recognized that allowing ADUs in single-family and multi -family
zones provided additional rental units that addressed a housing need in California. At that time
the Department of Housing Community Development identified ADUs as providing affordable
market -rate housing options for family members, friends, students, the elderly, in-home health
care providers, the disabled, and others. Although the City of Petaluma already had standards for
ADUs in place, changes to the Implementing Zoning Ordinance (IZO) were required to bring
those standards into compliance with the 2017 changes in state law.
After adopting changes in regulations in 2017 the State continued to identify obstacles to
increasing production of ADUs due to development standards such as setbacks, height limits,
and parking requirements. Additionally, payment of development impact fees was also identified
as an obstacle. In response to production challenges the State enacted five new bills relative to
the approval of both ADUs and JADUs. These bills become effective January 1, 2020 and
require local jurisdictions to modify local codes to implement their standards. As was the case in
2017, if the City does not update their ADU and JADU requirements to be consistent with the
state laws, the entirety of current local ADU and JADU controls will be consider void and
projects that comply with the State's standards will automatically be approved. This staff report
addresses how the current ADU standards in Petaluma compare to the new state legislation and
what specific changes to the IZO are necessary to bring the City into alignment.
DISCUSSION
Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance and
by California Government Code Section 65853. Chapter 25 stipulates that text amendments may
be recommended by the Planning Commission for approval to the City Council insofar as the
Planning Commission finds that the proposed amendments are in conformance with the General
Plan and consistent with the public necessity, convenience, and general welfare. Petaluma's IZO
is current with the existing standards as of the writing of this report. However, amendments to
the IZO are necessary in order to bring the City's current requirements into alignment with the
state standards that become effective on January 1, 2020. The following discussion identifies
each standard associated with ADUs and JADUs that requires an amendment to the IZO or shift
in City policy.
Applicable Zoning Districts: Currently ADUs and JADUs are only allowed in the AG, R1, R2,
R3, R4 and MUIC zoning districts, as well as any Planned Unit Districts (PUDs) that do not
have explicit prohibitions on ADUs and JADUs. This is because the state previously required
that ADUs be permitted in any district which permitted a single-family dwelling. The new state
legislation now requires that local jurisdictions enable the development of ADUs in any district
that allows single- or multi -family housing. The amendments to IZO Tables 4.2 and 4.3, as well
as Section 7.030 and 7.035 will expand to allow ADUs in R5, MUTA, MUM and MU2 zoning
districts. While JADUs are now permitted in these districts, they are only allowed on properties
with single-family dwellings. The amendments also acknowledge a new state law that permits
ADUs and JADUs within in all Planned Unit Developments.
Types of Units: The current IZO permits the establishment of one ADU or JADU on a lot with
an existing single-family dwelling. Further, the JADU must be within the existing single-family
dwelling and is only permitted as a bedroom conversion. The new state legislation now requires
greater flexibility as it relates to establishing ADUs and JADUs in proposed development.
Therefore, amendments to the IZO enable the establishment of both ADUs and JADUs in
conjunction with an existing or proposed principal structure, although the principal structure
must receive its Certificate of Occupancy prior to the ADU or JADU. The amendments also
enable establishment of ADUs on multi -family properties, if the ADUs do not convert existing
living space. Additionally, JADUs are still only permitted on single-family lots, but they are no
longer restricted to only bedroom conversions.
Page 2
Number of Units: Currently, only one ADU or JADU is permitted on a single-family lot, an
owner must choose one or the other. The state legislation now specifies standards for the
minimum and maximum number of units a city can allow on a property. To achieve alignment
with the state requirements, the IZO amendments enable the development of both an ADU and
JADU on a single-family lot, if certain criteria are met, and establish the maximum number of
ADUs allowed on a multi -family lot. Specifically, on multi -family lots where ADUs are
provided within an existing building, the number of ADUs within the building may not exceed
25 percent of the existing number of primary units within that structure. As noted previously, the
ADUs provided within the building may only convert existing livable space. For example, a 10 -
unit apartment building with the residential units above a ground floor garage, may convert a
portion of the parking area to provide up to two ADUs. On multi -family lots up to two ADUs
may also be permitted as detached structures, but they are limited to 16 feet in height and must
provide at least 4 -foot side and rear yard setbacks. If the hypothetical 10 -unit apartment building
had enough lot area to accommodate two detached ADUs meeting applicable development
standards, the property could have up to four ADUs.
Off -Street Parking Requirements: Currently the IZO does not require off-street parking for
ADUs or JADUs. However, if a garage is converted to an ADU, the parking must be replaced
elsewhere on the lot. The new state legislation prohibits a local jurisdiction from requiring
replacement parking when a garage, carport or covered parking space is converted or demolished
to enable the establishment of an ADU of JADU. Therefore, the amendments to the IZO
eliminate the requirement to provide replacement parking when establishing either an ADU or a
JADU. However, if an applicant chooses to replace the parking, the IZO provides flexibility in
the location of those spaces.
Size of Units: The California Government Code enables local jurisdictions to set their own
maximum unit sizes, so long as they comply with the minimum maximum required by the state.
The IZO currently permits a JADU up to a maximum size of 500 square feet and an ADU up to a
maximum size of 720 square feet, as is consistent with the 2017 state standards. However, the
recent state legislation has increased the maximum size of ADUs and distinguished the size
based on the number of proposed bedrooms. There are no changes to the maximum size of a
JADU. Therefore, to align with the state standards, the IZO amendments limit the maximum size
of an ADU containing one bedroom or less, to 850 square -feet, and the maximum size of an
ADU containing two or more bedrooms to 1,000 square feet.
Setbacks: The IZO requires attached ADUs and JADUs to meet the setback requirements for the
principal structure, relative to the property's zoning designation. For detached ADUs, the IZO
requires that the development provide a minimum 4 -foot side yard setback and a minimum 5 -
foot rear yard setback. The amendments to the IZO will reduce the minimum rear yard setback
for detached ADUs to 4 -feet to align with the state standards. There are no changes to the
existing side yard setback requirements. Additionally, there are no changes to setbacks for
attached ADUs and JADUs.
Building Height: Currently the height limit for detached ADUs is 21 -feet, where they are
permitted. The proposed amendments will not change this height limit; however, the
development standards for R5, which are silent on the requirement will now reference this height
Page 3
limit for ADUs. The proposed IZO amendments do not include changes to the 20 -foot height
limits for accessory structures in mixed use districts, which would apply to detached ADUs in
those zoning districts. This is to remain consistent with existing standards, as they currently
comply with state requirements.
Lot Coverage and Floor Area Ratio: The IZO has specific standards for detached accessory
structures or ADUs in residential zoning districts that are located within required yards and
setbacks. Specifically, the footprint of any structure(s) in this area, may not exceed 10 percent of
the combined setback area, or 500 square feet, whichever is greater. The state legislation allows
local jurisdictions to apply lot coverage or floor area ratio standards only when a proposed ADU
exceeds certain parameters. Therefore, the amendments eliminate this development standard for
any ADUs that are 800 square feet or less, do not exceed 16 -feet in height, provide the minimum
4 -foot side and rear yard setbacks, and comply with all other local development standards.
Similarly, on lots in mixed use districts where ADUs will be permitted, ADUs meeting the same
parameters will be exempt from floor area ratio calculations.
Open Space: Currently, the IZO requires that each ADU provide 100 square feet of usable open
space. However, as noted above with lot coverage and floor area ratio, the state limits when local
jurisdictions can apply open space standards. Therefore, the IZO amendments would eliminate
this development standard for any ADUs that are 800 square feet or less, do not exceed 16 -feet in
height, provide the minimum 4 -foot side and rear yard setbacks, and comply with all other local
development standards.
Kitchen Facilities for JADUs: The IZO requires that a JADU includes an efficiency kitchen
with specific standards for the size of the kitchen sink and the required voltage for cooking
equipment. The state legislation struck the specificity relating to cook equipment and removed
the sink standard entirely. Therefore, the IZO amendments eliminate these specifications;
however, staff has added a requirement that the kitchen must be consistent with the City's
Building Code standards.
Fire Sprinklers: Currently the IZO is silent on the requirement of fire sprinklers for ADUs and
exempts JADUs from being treated as a new dwelling unit. The state legislation provides
clarification on the exemption for ADUs, therefore the IZO amendments include language that
specifically exempts ADUs from requiring fire sprinklers if the primary residence is not required
to have fire sprinklers.
Occupancy/Ownership Limitations: Currently, the IZO requires that rentals of ADUs and
JADUs be for a term of more than 30 days and that the owner of a property with a JADU occupy
either the JADU or the primary dwelling. Additionally, neither a JADU or ADU can be sold
separately from the primary unit. This is consistent with state legislated standards. However,
recent state legislation provides an exception to limitations on ownership. The proposed
amendments reflect this exception by establishing an option for sale of an ADU under certain
criteria, including that the ADU was built or developed by a nonprofit corporation, that the
property would be subject to a tenancy in common agreement, and that the unit would be sold to
a low or moderate income buyer and preserved as low-income housing for at least 45 years.
Page 4
Non -Conforming Structures: The current IZO language does not permit the reconstruction of
non -conforming structures. However, the new state legislation has mandated that exceptions be
made for the conversion of a non -conforming structure to an ADU. Therefore, the IZO
amendments will enable reconstruction of non -conforming structures, only if the structure will
be converted to an accessory dwelling unit and will occupy the same location, building footprint,
and height as the existing structure. If the proposal also includes an expansion to a
nonconforming structure, such as adding a second story, the addition must provide setbacks of no
less than four feet from the side and rear lot lines.
Impact Fees: New state legislation prohibits a local jurisdiction from charging development
impact fees for new ADUs of less than 750 square feet. Additionally, any impact fee charges for
ADUs greater than 750 square feet must be assessed proportionately to the fees for a single-
family home. The City currently charges a set unit -based fee for a new ADU regardless of size.
When the City Council considers the Zoning Text Amendments, they will also be considering
modifications to the City's impact fee structure for ADUs to be consistent with state law.
Because the current maximum ADU size in Petaluma is 720 square feet, all units that are
currently under review or construction will be exempt from the payment of impact fees if they
are completed after January 1, 2020.
Waste Water Capacity Fees: The State legislation provides new exemptions for projects with up
to one ADU and one JADU from the payment of connection fees or capacity charges for utilities,
including water and sewer service. In all other cases, a connection charge or capacity fee may be
assessed if it is proportionate to the burden of the ADU, based on square footage of the ADU
unit or the number of drainage fixtures. When the City Council considers the Zoning Text
Amendments, they will also consider modifications to the current capacity fees for ADUs so that
they are consistent with state law.
Amnesty Program: In addition to the above changes, the State established an amnesty program
for existing ADUs that are nonconforming relative to Code requirements. This program requires
that when a jurisdiction sends a property owner a notice of violation relative to an ADU, they
must also notify the property owner that they can request up to a 5 -year delay for correcting the
code violation, so long as the violation is not related to health and safety. The current
enforcement process would give a property owner 30 days to submit a permit to correct the
violation or face subsequent penalties. The State requires that this amnesty option be provided
until 2030, at which time standard practices would resume.
Timeline: Previously, a local jurisdiction had 120 -days to review and approve a ministerial
application for a new ADU or JADU (not including time spent by the applicant amending plans).
As amended in the Government Code, the City must now process ministerial applications for
ADUs and JADUs within 60 -days, if the primary residence is existing. If the proposed ADU or
JADU is part of a broader development proposal, the time limits do not apply. Additionally, the
60 -day review timeline does not apply to applications that require discretionary approval, such as
Site Plan and Architecture Review for Historic Properties, Conditional Use Authorizations or
Variances.
Page 5
GENERAL PLAN CONSISTENCY
The proposed zoning ordinance amendments are in general conformity with the General Plan.
Specifically, the proposed text amendments are consistent with the following goals and policies
of the City of Petaluma 2015-2023 Housing Element:
Goal l: Provide adequate residential development opportunities to accommodate
projected residential growth and facilitate mobility within the ownership and
rental markets.
Goal 2: Promote a range of housing types to meet the housing needs of all Petalumans.
Policy 2.1: Encourage a mix of housing design types.
Policy 2.2: Allow flexibility within the City's standards and regulations to encourage a
variety of housing types.
Goal 3: Minimize constraints on housing development to expedite construction and lower
development costs.
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 of the General Plan.
URGENCY ORDINANCE
As previously noted, the state legislation becomes effective on January 1, 2020. Under the
current review timeline, the City Council will consider a standard ordinance adopting the
proposed IZO text amendments on January 6, 2020. However, standard ordinances require a
second reading by the City Council, which would be held on January 27, 2020, at the earliest. To
provide for the immediate preservation of the public peace, health, and safety, at the January 6,
2020, the City Council will also consider an urgency ordinance adopting the proposed IZO text
amendments. If adopted by a four-fifths vote, the urgency ordinance would take effect
immediately in accordance with Government Code § 36937.
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.
Page 6
PUBLIC COMMENT
Public notice was published in an eighth page ad in the Argus Courier on Thursday, December 5,
2019. No specific public comment has been received in response to this public notice as of
preparation of this report.
ATTACHMENTS
Attachment A
Resolution Recommending Council Approval of Text Amendments
Exhibit 1
Draft Urgency Ordinance
Exhibit 2
Draft Text Amendment Ordinance
Attachment B
Redline of Proposed Amendments to IZO Chapter 4
Attachment C
Redline of Proposed Amendments to IZO Sections 7.030 and 7.035
Attachment D
Redline of Proposed Amendments to IZO Table 11.1
Attachment E
Redline of Proposed Amendments to IZO Chapter 22
Attachment F
Redline of Proposed Amendments to IZO Chapter 28
Page 7
ATTACHMENT 4
DATE: January 6, 2020
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Brittany Bendix, Deputy Planning Manager
SUBJECT: Urgency and Regular Ordinances 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 -conforming Structures), and Chapter
28 (Glossary), and a Resolution Amending Resolutions 2014-036 (City Facilities
Impact Fee), -037 (Park Land Development Impact Fee), -038 (Park Land
Acquisition Fee), -039 (Open Space Land Acquisition Fee), -186 (Waste Water
Capacity Fee) N.C.S and Resolution 2016-076 N.C.S (Traffic Development Impact
Fee) 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 approve the following in order to bring local regulations
into compliance with recent changes in California State Code associated with Accessory Dwelling
Units and Junior Accessory Dwelling Units:
An Urgency 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); and
Introduction of 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), and
A Resolution amending 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) (Attachments 1, 2, and 3)
BACKGROUND
The Planning and Zoning Law authorizes a local agency, such as the City of Petaluma, to provide
for the creation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units
Page 1
(JADUs) in single-family and multi -family residential zones. Existing state law also enables local
jurisdictions to impose development standards on ADUs as they relate to such parameters as
height, lot size, lot coverage, setbacks, unit size, and parking. However, while the State enables
local control, the State also sets forth a framework for what a local entity can and cannot require.
The State also gives local entities a choice; they can adopt their own ADU/JADU ordinance that
works within the State's framework, or they can default to the State's own adopted standards. If a
local entity fails to adopt an ordinance that complies with the state's framework, then the local
ordinance is considered void.
In 2017, the State legislature recognized that allowing ADUs in single-family and multi -family
zones provided additional rental units that addressed a housing need in California. At that time,
the Department of Housing Community Development identified ADUs as providing affordable
market -rate housing options for family members, friends, students, the elderly, in-home health care
providers, the disabled, and others. Although the City of Petaluma already had standards for ADUs
in place, changes to the Implementing Zoning Ordinance (IZO) were required to bring those
standards into compliance with the 2017 changes in state law.
After adopting regulatory changes in 2017 the State continued to identify obstacles to increasing
the production of ADUs due to high impact fees and development standards such as setbacks,
height limits, and parking requirements. In response to these production challenges, the State has
enacted five new bills relative to the approval of both ADUs and JADUs. These bills became
effective January 1, 2020 and require local jurisdictions to modify local codes to implement their
standards. As was the case in 2017, if the City does not update their ADU and JADU requirements
to be consistent with the state laws, the entirety of current local ADU and JADU controls will be
consider void and projects that comply with the State's standards will automatically be approved.
The Planning Commission considered a package of Zoning Text Amendments prepared by staff
to be consistent with state law and to ensure that the City retain a valid local ordinance regulating
ADUs and JADUs. At a public hearing on December 17, 2019 the Planning Commission
unanimously approved Resolution No. 2019-23 recommending City Council adoption of the
Zoning Text Amendments. The Planning Commission's recommendation included an increase in
the allowable size of ADUs up to 1,300 square feet but not larger than the existing primary
dwelling unit on the property. The Planning Commission's recommendation is discussed below
and incorporated into the ordinance before the Council for consideration.
DISCUSSION
The Planning Commission staff report (Attachment 5) provides a detailed outline of Petaluma's
current ADU regulations in comparison to the new state legislation and discussed what specific
changes are necessary to bring the City into alignment with the State. As discussed in the Planning
Commission staff report, there are many local regulations that require modification to be consistent
with newly adopted state law. There is little flexibility with most of those provisions. The City
retains limited flexibility in the unit size allowed by local regulation as long as the local provision
meets the minimum size requirements specified by state law.
Size of Units: The California Government Code enables local jurisdictions to set their own
maximum unit sizes within a specific framework. The IZO currently permits a JADU up to a
Page 2
maximum size of 500 square feet and an ADU up to a maximum size of 720 square feet, consistent
with the 2017 state standards. Recent changes to state legislation established new size parameters
for ADUs based on whether the unit is attached or detached, as well as how many bedrooms are
included in the ADU. Please note that limits on the maximum size of JADUs did not change.
The state legislation establishes the smallest maximum square footage that a local entity can set
for ADUs based on the number of bedrooms within the unit. For an ADU that has one bedroom or
less, the smallest maximum square footage a city can set is 850 square -feet. For an ADU that has
two bedrooms or more, the smallest maximum square footage a city can set is 1,000 square -feet.
The draft amendments presented to the Planning Commission on December 17th were consistent
with the smallest values set as the maximum size requirement. However, the Commission
expressed a unanimous desire to increase the maximum allowable size to 1,300 square feet,
eliminating reference to bedroom count, but on the condition that the ADU could not exceed the
square footage of the primary dwelling. The intent of the Commission was to maximize the
flexibility for development of future ADUs in a manner that was sensitive to the scale of the
primary residences.
Subsequent to the Planning Commission hearing, staff reviewed the upper limit of the maximum
unit size permitted by the State and detennined that the legislation does provide upper limits.
Specifically, a detached ADU cannot exceed a maximum of 1,200 square feet. 1 Additionally, the
State also limits the size of an attached ADU, if it is proposed as an addition to an existing primary
residence, to no more than 50 percent of the square footage of that primary residence, unless the
proposed ADU is no more than 800 square feet with a maximum height of 16 feet and 4 -foot side
and rear yard setbacks.'- The draft ordinances (both the urgency ordinance and regular ordinance)
have been revised to incorporate the Planning Commission's recommendation and meet
requirements as adopted by the State Legislature as follows:
D. Size of Unit. The maximum allowable living area of an accessory dwelling unit is 1,200 square feet, or the total
living area of the primary residence, whichever is less; 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 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.
This language reflects the greatest local flexibility permitted by the State in the size of ADUs. The
City Council may consider whether or not to approve or amend the modifications made by the
Planning Commission relative to unit size.
Development Impact Fees: New state legislation prohibits a local jurisdiction from charging
development impact fees for new ADUs of less than 750 square feet. Additionally, any impact
fees for ADUs of 750 square feet or more must be assessed proportionately in relation to the square
footage of the primary dwelling unit. The City currently charges a set unit -based fee for a new
ADU, regardless of square -footage, as is consistent with the assessments for both single- and
Gov't. Code 565852.2(a)(1)(D)(v).
'- Gov't. Code 565852.2(a)(1)(D)(iv), (c)(2)(B), (C).
Page 3
multi -family developments. The resulting fee for an ADU is approximately 34 percent of the fee
for a single-family residence and 51 percent of the fee for a multi -family residence. This
proportionality within the development impact fee structure is based on an estimated occupancy
per dwelling unit, as is standard practice for residential uses, and assumes the relative square
footage will be equally proportional — an ADU for one person will be one-third the size of a single-
family residence and one-half the size of an apartment.
Given the effort to enact local ADU regulations and fee structures that are compatible with State
law, staff is recommending two alternatives for Council consideration. Either option would serve
as a temporary solution until the development impact fees are updated in 2021, or earlier. The first
option is the implementation of a fee structure for ADUs that works within the existing City's
framework and complies with the limits established by the state. The second option is a complete
waiver of development impact fees for all ADUs, regardless of size. It should be noted that
whatever regulatory approach the City Council chooses, reduced recovery of new City
infrastructure costs arising from new ADU development will result. Also, Proposition 218, the
Mitigation Fee Act, and related law will prevent the City from making up for the State -mandate
under recovery of infrastructure costs of new ADU development from other categories of
development. In other words, the new State -mandated restrictions on ADU development fees will
work as a true State mandate, forcing local governments to either make do with reduced funding
for infrastructure required to serve new development, or to make up the funding from another
source. SB -13, one of the new bills amending the State ADU law, provides in Section 5 that the
bill does not result in a mandate, because local agencies have the ability to levy fees to pay for the
services mandated. Notwithstanding that putative justification, the effect of SB -13 is the partial
preemption of the City's fee -setting power.
The first option being offered to the City Council provides a two-tiered application of impact fees
for ADUs that are 750 square feet or larger. If the square footage of an ADU is more than 34
percent of the primary single-family dwelling or more than 51 percent of the primary multi -family
dwelling, the fee as stated in the current resolutions applies to the new ADU. If the square footage
of an ADU is proportionately less than the aforementioned thresholds, then the applicable fee
would be prorated on a square footage basis. The following are examples of this scenario where
the City Facilities Development Impact fee is applied to a theoretical ADU. Note that the current
City Facilities Development Impact fee is $6,376.00 per single-family unit, $4,292.00 per multi-
family unit, and $2,187.00 per accessory dwelling unit.
Example 1:
If a 1,000 square -foot ADU is proposed as accessory to a 4,000 square -foot single-family home,
and therefore, the size of the ADU is 25 percent of the single-family home, but greater than 750
square -feet, the City Facilities Development impact fee will be equal to 25 percent of the fee for a
single-family dwelling.
25 * $6,376.00 = $1,594.00
*The current City Facilities Development impact fee for an ADU, regardless of size is $2,187.00.
Page 4
Example 2:
If a 749 square -foot ADU is proposed as ancillary to a 1,000 square -foot single-family home, and
therefore, the size of the ADU is 74.9 percent of the single-family home, but less than 750 square -
feet, there is no impact fee per the state mandate.
*The current City Facilities Development impact fee for an ADU, regardless of size is $2,187.00.
Example 3:
If an 800 square -foot ADU is proposed as ancillary to a 1,200 square -foot single-family home, and
therefore, the size of the ADU is 75 percent of the single-family home, and 750 square -feet or
larger, the impact fee is the current maximum of $2,187.00.
*The current City Facilities Development impact fee for an ADU, regardless of size is $2,187.00.
Example 4:
If an 800 square -foot ADU is proposed as ancillary to a 2,400 square -foot attached single-family
home, such as a condominium which is considered multi -family housing, and therefore the size of
the ADU is 30 percent of the multi -family unit, and 750 square -feet or larger, the impact fee would
be prorated as 30% of the multi -family impact fee.
3 * $4,292 = $1,287.60
*The current City Facilities Development impact fee for an ADU, regardless of size is $2,187.00.
Example 5:
If a 600 square -foot ADU is proposed as accessory to an 1,800 square -foot duplex, and therefore
the size of the ADU is 30 percent of the multi -family unit but less than 750 square -feet, there is no
impact fee per the state mandate.
*The current City Facilities Development impact fee for an ADU, regardless of size is $2,187.00.
Example 6:
If a 1,000 square -foot ADU is proposed as accessory to a 1,500 square -foot townhome, and the
size of the ADU is therefore, 66 percent of the multi -family unit, and 750 square -feet or larger, the
impact fee is the current maximum of $2,187.00.
*The current City Facilities Development impact fee for an ADU, regardless of size is $2,187.00.
As demonstrated through the examples, this structure favors the establishment of larger ADUs on
properties with larger single-family or multi -family homes. Additionally, for smaller single-family
homes, which tend to be older housing stock, or multi -family homes such duplexes or apartment
buildings, the fee structure encourages a smaller scale of development.
The second option would be to grant a waiver for all City development impact fees applicable to
Page 5
new ADUs until the fees are updated in 2021, per the State's mandated five-year cycle. This would
give the City a chance to study the revenue impacts, re-evaluate each fee's nexus to ADUs and
determine if the fee waivers result in a notable increase in production. Note that fees for ADUs are
due at the time of certificate of occupancy, not at the time a permit is issued. There are currently
31 building permit applications that are under review or have been issued for ADUs that are 720
square feet or less and that will be exempt from payment of impact fees per the State's mandate,
resulting in an infrastructure funding loss of approximately $299,863.00 based on the current fiscal
year's fee schedule. Note that this amount does not include Waste Water Capacity fees which are
discussed below, or Storm Drainage fees which are not impacted by the state mandate. If the City
Council chooses to temporarily waive impact fees for ADUs, regardless of square footage, each
additional ADU will result in an infrastructure funding loss of approximately $9,673.00.
The proposed fee resolution at Attachment 3 includes language that addresses the modification to
each of the City's development impact fees related to the implementation of the first pro -rated
option and the exemption of accessory dwelling units that are less than 750 square -feet. If the
Council chooses to waive all development impact fees for new accessory dwelling units of any
size, the proposed resolution would be modified to remove the fee references to ADUs in the fee
table for each resolution, generally included as Exhibit A, and to include ADUs in the list of
development types which are exempt in each resolution.
Waste Water Capacity Fees: Currently new ADUs are assessed a wastewater capacity fee that
based on the current fiscal year's fee schedule is $3,085.00. However, the State legislation now
mandates exemptions for projects that add up to one ADU and one JADU to an existing single-
family dwelling. In all other cases, a connection charge or capacity fee may be assessed if it is
proportionate to the burden of the ADU, based on square footage of the ADU unit or the number
of drainage fixtures. To comply with the state legislation, the City must modify the existing
Wastewater Capacity Fee, Resolution No. 2014-186 N.C.S., to exempt up to one ADU and one
JADU when proposed in conjunction with an existing single-family dwelling. The draft resolution
at Attachment 3 includes the necessary language to enact this exemption. As previously stated,
there are currently 31 building permit applications that are under review or have been issued for
ADUs on lots with existing single-family dwellings. Accordingly, these units will be exempt from
payment of the Waste Water Capacity fee per the State's mandate, resulting in an infrastructure
funding loss of approximately $95,635.00 based on the current fiscal year's fee schedule.
CITY GOALS
The proposed text amendments are proposed in response to recently adopted state law regarding
ADUs and JADUs. However, the text amendments also facilitate the increased production of
ADUs in Petaluma which 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.
Additionally, the proposed text amendments are consistent with adopted policy in the General Plan
2025 and more specifically in the City's Housing Element, including:
Page 6
GENERAL PLAN CONSISTENCY
The proposed zoning ordinance amendments are in general conformity with the General Plan.
Specifically, the proposed text amendments are consistent with the following goals and policies of
the City of Petaluma 2015-2023 Housing Element:
Goal 1: Provide adequate residential development opportunities to accommodate projected
residential growth and facilitate mobility within the ownership and rental markets.
Goal 2: Promote a range of housing types to meet the housing needs of all Petalumans.
Policy 2.1: Encourage a mix of housing design types.
Policy 2.2: Allow flexibility within the City's standards and regulations to encourage a variety
of housing types.
Goal 3: Minimize constraints on housing development to expedite construction and lower
development costs.
URGENCY ORDINANCE
As previously noted, the state legislation becomes effective on January 1, 2020. Under the current
review timeline, the City Council will consider a standard ordinance adopting the proposed IZO
text amendments on January 6, 2020. However, standard ordinances require a second reading by
the City Council, which would be held on January 27, 2020, at the earliest. To provide for the
immediate preservation of the public peace, health, and safety, at the January 6, 2020, the City
Council will also consider an urgency ordinance adopting the proposed IZO text amendments. If
adopted by a four-fifths vote, the urgency ordinance would take effect immediately in accordance
with Government Code § 36937.
ENVIRONMENTAL REVIEW
The proposed zoning text amendments and fee resolutions 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.
PUBLIC COMMENT
Public notice was published in an eighth page ad in the Argus Courier on Thursday, December 26,
2019. No specific public comment has been received in response to this public notice as of
preparation of this report. Additionally, no public comment was provided at the December 17,
2019, Planning Commission hearing.
FIN 9 X, U91 ys F09 _►
Attachment 1: Draft Urgency Ordinance
Attachment 2: Draft Regular Ordinance
Page 7
Attachment 3:
Draft Fee Resolution
Attachment 4:
Planning Commission Resolution No. 2019-23
Attachment 5:
Planning Commission Staff Report, December 17, 2019
Attachment 6:
Redline of Proposed Amendments to IZO Chapter 4
Attachment 7:
Redline of Proposed Amendments to IZO Sections 7.030 and 7.035
Attachment 8:
Redline of Proposed Amendments to IZO Table 11.1
Attachment 9:
Redline of Proposed Amendments to IZO Chapter 22
Attachment 10:
Redline of Proposed Amendments to IZO Chapter 28
Page 8
ATTACHMENT 5
MATTHEW GELFAND, COUNSEL
CALIFORNIANS FOR MATT@CAFORHOMES.ORG
0 HOMEOWNERSHIP TEL: (213) 739-8206
January 23, 2020
Mayor & City Council
City of Petaluma
11 English St.
Petaluma, CA 94952
Email: tbaiTett@cityofpetaluma.org; dfischer@cityofpetaluma.org; mhealy@cityofpetaluma.org;
gkeamey@cityofpetaluma.org; dking@cityofpetaluma.org; lcmiller@cityofpetaluma.org;
kmedonnell@cit-yofpetaluma.org
RE: January 27, 2020 City Council Meeting, Agenda Item 3.C.
To the Mayor & City Council:
Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using
legal tools, including impact litigation, to address California's housing crisis. This letter follows
up on my January 6 letter, which provided detailed feedback on the City's ADU ordinance. Our
prior letter is attached for your reference.
At your January 27 meeting, you will hear the second reading of the City's ADU ordinance.
Unfortunately, the City has not resolved most of the serious concerns raised in our prior letter. As
drafted, the City's ordinance will be null and void, in its entirety, and City staff will be legally
required to apply permissive state law standards for ADUs until the City adopts a compliant
ordinance. We urge you to introduce a modified ordinance that meets the City's legal obligations.
Sinccrely,-.
Matthew Gelfand
cc: City of Petaluma
Peggy Flynn, City Manager (by email to pflynn@cityofpetaluma.org)
Brittany Bendix, Deputy Planning Manager (by email to bbendix@cityofpetaluma.org)
Eric Danly, Esq., City Attorney (by email to edanly@cityofpetaluma.org)
Lisa Tennenbaum, Esq., Asst. City Atty. (by email to Itennenbaum@cityofpetaluma.org)
Jordan Green, Esq., Asst. City Atty. (by email to jgreen@cityofpetaluma.org)
California Department of Housing and Communitv Development
Greg Nickless, Housing Policy Analyst (by email to greg.nickless@hcd.ca.gov)
525 S. Virgil Avenue
Los Angeles, CA 90020
PS�1o�D�1�CE
co
F HOMEOWNERSHIP
January 6, 2020
VIA EMAIL
MATTHEW GELFAND, COUNSEL
MATT@CAFORHOMES.ORG
TEL: (213) 739-8206
Mayor & City Council
City of Petaluma
11 English St.
Petaluma, CA 94952
Email: tbarrett@cityofpetaluma.org; dfischer@cityofpetaluma.org; mhealy@cityofpetaluma.org;
gkeamey@cityofpetaluma.org; dking@cityofpetaluma.org; kmiller@cityofpetaluma.org;
ki-ncdonnell@cityofpetaluma.org
RE: January 6, 2020 City Council Meeting
Agenda Item #6.A.: Ordinance regarding accessow dwelling units
To the Mayor & City Council:
Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using
legal tools to address California's housing crisis. I am writing as part of our work monitoring local
compliance with California's laws regarding accessory dwelling units (ADUs).
At your January 6 meeting, you will discuss an ordinance intended to address recent
changes to state ADU law. These changes broadly overhaul the rules regarding ADUs, and they
nullify any local ordinance that does not strictly comply with their requirements.' If the City
adopts a compliant ADU ordinance, it will be able to maintain certain local controls on ADU
development.
Unfortunately, we have significant concerns regarding the City's draft ordinance. As
drafted, the City's ordinance will be null and void, in its entirety, and staff will be legally required
to apply permissive state law standards for ADUs until the City adopts a compliant ordinance.
Our concerns include:
• The draft ordinance purports to limit the size of detached ADUs to the size of the
existing residence. This is not allowed. The City may not set a square footage limitation less than
850 square feet for a studio or one -bedroom ADU, or 1,000 square feet for a two-bedroom or larger
' A previous version of AB 68 provided that a conflicting local ordinance would be "null
and void to the extent of such conflict." That provision was struck from the final bill, which
provides for complete invalidation.
January 6, 2020
Page 2
ADU. Gov. Code § 65852.2(c)(2)(B).
• The setback provisions in the zoning district Tables and proposed Implementing
Zoning Ordinance Section 7.030(G) are problematic in various respects. For example Section
7.030(G)(1) purports to apply all standard residential setbacks to attached ADUs, Section
7.030(G)(2) purports to limit the special rules for existing structures and reconstructions to
detached structures only, and the Tables apply certain side setbacks less than 4 ft. All of these
setback provisions should be removed and replaced with the simple rules from state law: For an
ADU that is not a conversion of an existing structure (or a re -build in the same location as an
existing structure), the maximum side and rear setbacks are four feet. For an ADU that is a
conversion of an existing structure or a re -build in the same location as an existing structure, the
City must provide an exemption from all setback requirements. Gov. Code
§ 65852.2(a)(1)(D)(vii).
• The draft ordinance's setback provisions for Junior ADUs are meaningless and should
be removed to avoid confusion. JADUs are built within the existing space of a residence, and a
City cannot prevent the conversion of space based on setbacks.
• The draft JADU provisions also include a requirement for maintaining interior access
to the main home, which derives from the prior version of Government Code Section 65852.22.
This requirement has been eliminated from state law and must be removed from the City's draft
ordinance. See AB 68 (Ting) § 2. Under Government Code Section 65852.2(e)(1)(A), a locality
must allow the development of a JADU that meets the requirements of Government Code Section
65852.22, not a more restrictive local definition.
• The zoning district Tables purport to apply open space requirements without providing
the required allowance for an 800 square foot ADU under Government Code Section
65852.2(c)(2)(C).
• The draft ordinance requires an ADU to be "compatible with the architectural richness
of existing development in the immediate vicinity or principal dwelling on the site." This is
incomprehensible. To allow for the required ministerial review by City staff, this language must
be removed.
• The draft ordinance purports to apply all of the City's normal historic review processes
to ADUs. Unless this review is a totally ministerial process, based on objective standards, with no
hearing or discretionary review, that can be completed within 60 days, this is not allowed. Gov.
Code § 65852.2(a)(3).
• Proposed Implementing Zoning Ordinance Section 7.030(C) partially accounts for the
special process applicable to the categories of ADUs listed in Government Code Section
65852.2(e)(1). Because the failure to account for these special mandatory ADUs has been a
leading reason that other localities have received non-compliance letters from the Department of
Housing and Community Development, the City's inclusion of this provision will serve it well.
However, the Section misses the mark in several respects:
525 S. Virgil Avenue
Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP
January 6, 2020
Page 3
The provision correctly provides for approval of detached ADUs
"notwithstanding the development standards included in this Section." But the
City is required to provide this treatment for all four of the listed categories of
ADUs. See Gov. Code § 65852.2(e)(1).
2. The provision only exempts the covered ADUs from "the development
standards included in this Section" (emphasis added). Because there are
additional development standards located elsewhere in the City's zoning laws
(e.g., in the zoning district Tables), and subdivision (e) ADUs must be permitted
without apply aM local development standards, this language must be adjusted
to exempt the listed types of ADUs from all standards in the City's zoning laws.
3. The provision regarding interior conversions in multi -family structures should
be clarified to say that the number of conversions permitted is 25% of the
existing unit count or one unit, whichever is greater. Gov. Code
§ 65852.2(e)(1)(C)(ii).
We urge you to continue this item to a later meeting and to ask staff to come back with an
ordinance that meets the City's legal obligations. We would like to be part of that process. To
that end, we request that you include us on the notice list for all future public meeting regarding
the City's ADU policies, and we request that this letter be included in the correspondence file for
those meetings. We look forward to working with you.
Sincerely,
Matthew Gelfand
cc: Peggy Flynn, City Manager (by email to pflynn@cityofpetaluma.org)
Brittany Bendix, Deputy Planning Manager (by email to bbendix@cityofpetaluma.org)
Eric Danly, Esq., City Attorney (by email to edanly@cityofpetaluma.org)
Lisa Tennenbaum, Esq., Asst. City Atty. (by email to ltennenbaum@cityofpetaluma.org)
Jordan Green, Esq., Asst. City Atty. (by email to jgreen@cityofpetaluma.org)
525 S. Virgil Avenue
Los Angeles, CA 90020 CALIFORNIANS FOR HOMEOWNERSHIP
ATTACHMENT
Chapter 4 Zone Districts and Allowable Land Uses
4.010 - Purpose
This Chapter lists the land uses that may be allowed by Section 2.020 (Zoning Map and Zones), determines the type of planning
permit approval required for each use, and provides basic standards for site layout and building size.
4.020 — Purpose of Established Zones
A. OSP (Open Space and Park) zone. The OSP zone is applied to undeveloped areas and sites that are appropriate
for the preservation of natural resources, outdoor recreation, to be maintained in open space for the protection of
public health and safety, and existing City public parks. City parks located in this zone may include buildings,
structures, and uses that serve the community (e.g. Luchessi Community Center, Novak Center, Cavanaugh Center,
Library, Water Resources building, etc.). The OSP zone is consistent with and implements the Urban Separator,
Open Space, and City Park land use classifications of the General Plan.
B. AG (Agriculture) zone. The AG zone is applied to areas that are actively and primarily used for grazing, or the
production for sale of food and fiber. Areas subject to seasonal or historic flooding and identified by FEMA as areas
warranting special consideration are included. The AG zone is consistent with and implements the Agriculture land
use classification of the General Plan.
C. RR (Rural Residential) zone. The RR zone is applied to areas of single dwelling development with a minimum lot
size of 2 acres. This zone would be applied primarily to areas at the western perimeter of the City along the Urban
Growth Boundary that are developed with single dwellings at densities ranging from 0.1 to 0.6 units per acre. This
zone is intended to maintain a rural character and provide a transition to unincorporated rural and agricultural lands.
The RR zone is consistent with and implements the Rural Residential land use classification of the General Plan.
D. R1 (Residential 1) zone. The R1 zone is applied to areas of single dwelling development, primarily the western
hillsides, with densities ranging from 0.6 to 2.5 units per acre, and larger lots required for sloped sites. The R1 zone
is consistent with and implements the Very Low Density Residential land use classification of the General Plan.
E. R2 (Residential 2) zone. The R2 zone is applied to areas previously developed and intended for detached single
dwellings on individual lots, at densities ranging from 2.6 to 8.0 units per acre. The R2 zone is consistent with and
implements the Low Density Residential land use classification of the General Plan.
F. R3 (Residential 3) zone. The R3 zone is applied to the older neighborhoods surrounding the downtown that are
characterized by a variety of housing types and densities in a walkable context. Densities range from 6.1 to 12.0
units per acre. The R3 zone is consistent with and implements the Diverse Low Density Residential land use
classification of the General Plan.
G. R4 (Residential 4) zone. The R4 zone is applied to areas intended for a variety of housing types ranging from single
dwellings to multi -unit structures. Densities range from 8.1 to 18.0 units per acre. The R4 zone is consistent with
and implements the Medium Density Residential land use classifications of the General Plan.
H. R5 (Residential 5) zone. The R5 zone is applied to areas intended for the most urban housing types at densities
ranging from 18.1 to 30.0 units per acre, but where existing lower density housing is considered conforming. The
R5 zone is consistent with and implements the High Density Residential land use classification of the General Plan.
I. MH (Mobile Home) zone. The MH zone is applied to existing mobile home parks throughout the City. The MH
zone is consistent with the Mobile Home land use classification of the General Plan.
J. C1 (Commercial 1) zone. The C1 zone is applied to existing smaller -scale shopping centers with off-street parking,
or clusters of street -front stores that serve the surrounding neighborhood. The C1 zone is consistent with and
implements the Neighborhood Commercial land use classification of the General Plan, which establishes a maximum
floor area ratio of 0.8 for the classification.
Ordinance No. 2300 N.C.S. 6-1
K. C2 (Commercial 2) zone. The C2 zone is applied to existing community and regional shopping center sites. The
C2 district is consistent with and implements the Community Commercial land use classification of the General Plan,
which establishes a maximum floor area ratio of 1.2 for the classification.
L. MU1A, M11B, MU1C (Mixed Use 1) zone. The MU1 zone is applied to areas intended for pedestrian -oriented,
mixed-use development with ground -floor retail or office uses adjacent to the Downtown Core, and in other areas of
the city where existing auto -oriented commercial areas are intended for improvement into pedestrian -oriented mixed
use development. The MU1 zone is consistent with and implements the Mixed Use land use classification of the
General Plan, which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses within
the classification, and a maximum density of 30 units per acre for residential.
Note:
■ Mixed Use 1A zone. This zone is applied to parcels located along corridors such as East Washington Street,
Petaluma Boulevard North, Bodega Avenue and Lakeville Street. The parcels in these zones vary in size and
are typically located adjacent to residential zones.
■ Mixed Use 1 B zone. This zone is applied to larger parcels located primarily along major arterial roadways. The
larger parcel size should allow for a mix of uses on the site.
■ Mixed Use 1C zone. This zone is applied to smaller parcels located in West Petaluma. Most of these parcels
are located in residential areas and the intensity of the uses permitted in this zone is limited.
M. MU2 (Mixed Use 2) zone. The MU2 zone is applied to the Petaluma Downtown and adjacent areas that are intended
to evolve into the same physical form and character of development as that in the historic downtown area. The MU2
zone is consistent with and implements the Mixed Use land use classification of the General Plan, which establishes
a maximum floor area ratio of 2.5 for both residential and non-residential uses within the classification, and a
maximum density of 30 units per acre for residential.
N. BP (Business Park) zone. The BP zone is intended for business and professional offices, technology park clusters,
research and development, light industrial operations, and visitor service establishments, with retail as a secondary
use only. The BP zone is consistent with and implements the Business Park land use classification of the General
Plan, which establishes a maximum floor area ratio of 1.5 for the classification, although an FAR of 3.0 is allowed if
all required parking is structured.
0. 1(industrial) zone. The I zone is applied to areas that are appropriate for a full range of manufacturing, industrial
processing, general service, warehousing, storage and distribution operations. Small restaurants and service
commercial are allowed as ancillary uses. The I zone is consistent with and implements the Industrial land use
classification of the General Plan, which establishes a maximum floor area ratio of 0.6 for the classification.
P. CF (Civic Facility) district. The CF zone is applied to sites for proposed public utility facilities, government offices,
community service uses and lands, and significant sites owned and operated by the elementary, secondary, or
community college districts, as well as private and/or parochial schools. The zone implements and is consistent with
the Public/Semi-Public, and Education classifications of the General Plan.
Q. FW (Floodway) zone. The FW zone is applied to sites within the boundaries of the "Areas of Special Flood Hazard"
and identified as "Floodway" areas. See Chapter 6 for the requirements of the Floodway zone.
R. Planned Unit Districts and Planned Community Districts. The historic use of P.U.D.s and P.C.D.s for the
development of residential, industrial, and commercial properties in various zones in which the underlying P.U.D.
and/or P.C.D. uses are permitted is hereby recognized. Non-residential P.C.D.s in existence as of May 19, 2008,
and residential P.U.D.s are recognized to be consistent with the intent of these regulations by the establishment of
their individual and respective P.U.D. and P.C.D. standards. Development and redevelopment of lands within
P.U.D.s and P.C.D.s, including modification of P.C.D.s and/or addition of land to P.C.D.s, shall be in accordance
with the individual adopted standards for said P.U.D. or P.C.D. and other applicable zoning standards not otherwise
modified by the P.U.D. or P.C.D. adopted standards. The creation and modification of P.U.D.s, and the modification
and/or addition of land to P.C.D.s existing as of May 19, 2008, is regulated by Chapter 19 herein. The creation of
6-2 Ordinance No. 2300 N.C.S.
ATTACHMENT
wholly new P.C.D.s, or the addition of land to a P.C.D. where the expansion area is not immediately adjacent, is not
permitted by this Ordinance.
4.030 - Allowable Land Uses and Permit Requirements
A. General permit requirements. Tables 4.1 through 4.5 identify the land uses allowed by this Zoning Ordinance in
each zone, and the planning permit required to establish each use, in compliance with Section 3.030 (Allowable Land
Uses and Planning Permit Requirements).
B. Requirements for certain specific land uses. Where the last column in Tables 4.1 through 4.5 ("Specific Use
Regulations") includes a section number, the referenced section may affect whether the use requires a Conditional
Use Permit, and/or may establish other requirements and standards applicable to the use.
4.040 - Site Planning and Building Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed,
and established in compliance with the requirements in Tables 4.6 through 4.13, in addition to the applicable standards (e.g.,
landscaping, parking and loading, etc.) in Chapters 11, 13, 14.
4.050 — Dedication Required and Exceptions
A. Dedication required. The developer shall dedicate any necessary right-of-way to the City to the alignment
established by plan lines established in Chapter 13.20 of the Petaluma Municipal Code, or to an alignment consistent
with applicable City right-of-way standards across the entire frontage or frontages and shall construct public
improvements (including, but not limited to curbs, gutters, sidewalk, half street, water mains, storm drains and
sanitary sewers) across such frontage to current city standards, whenever a development project is located, or which
is proposed to be located:
1. Upon one or more streets or roads where future right-of-way plan lines have been established pursuant to
Chapter 13.20 of the Petaluma Municipal Code, or
2. Upon one or more streets or roads which are not improved with existing curbs, gutters, sidewalks and other
contiguous street improvements across the frontage or frontages of the property upon which said
development project is located, or
3. Upon a parcel of real property which has frontage on a dedicated street right-of-way where no such
improvements have been constructed contiguous to the parcel upon which the development project is
located. Nothing in this section shall be construed to prevent the City from requiring construction of frontage
improvements pursuant to any other ordinance or regulation of the city.
B. Exceptions. Section 4.050(A) shall not apply when any one or more of the following conditions exist:
1. Where a condition of any subdivision or parcel map requires dedication and construction or public
improvements as a condition of approval of the same development project.
2. Where the value of the construction is less than $10,000. This valuation may be raised by resolution of
the City Council to compensate for inflation and increased building costs.
3. Where the proposed development project is clearly accessory as determined by standards in the Zoning
Ordinance, to an existing use upon the property.
4. Where the development project consists primarily of the rehabilitation of an existing structure, when no
change of use will occur.
5. Where the developer establishes that the required dedication would render the real property upon which
Ordinance No. 2300 N.C.S. 6-3
the development project is to be constructed substantially valueless for any private use, but final
determination of such fact shall be made only by the City Council upon petition of the developer or owner.
6-4 Ordinance No. 2300 N.C.S.
Natural and Rural Zones
TABLE 4.1
Allowed Land Uses and Permit Requirements
for Natural and Rural Zones
ATTACHMENT
P(16) Permitted Use
CUP Conditional Use Permit Required
S Permit Requirement in Specific Use Regulations
A Accessory Use
— Use Not Allowed
Permit Required by Zone_ Specific Use
ILAND USE TYPE (1) OSP I AG RR 111� Regulations
(AGRICULTURAL & RESOURCE USES
Crop production, horticulture, orchard, vineyard P P P P
Farm animal keeping P P P P
LODGING
Lodging - Short Term Vacation Rentals P(15) P(15) Section 7.110
If Lodging - Bed & Breakfast Inn CUP Section 7.100
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Community Meeting Facility —
CUP
CUP
CUP
Commercial recreation - Indoor —
—
—
—
Commercial recreation - Outdoor —
—
—
—
Golf course, country club CUP
—
—
—
Park P
P
P
P
School -Elementary, secondary, or college, private —
CUP
CUP
CUP
(RESIDENTIAL
Dwelling, Accessory —
A,S
A,S
A,S
Section 7.030
Dwelling, Junior Accessory —
A,S
A,S
A,S
Section 7.035
Dwelling, Caretaker —
—
—
—
Dwelling, Group —
—
S(5)
S(5)
Section 7.040
Dwelling, Multiple —
—
—
—
If Dwelling, Single Household
P
P
P
Home Occupation —
A,S(2)
A,S(2)
A,S(2)
Section 7.050
Residential, Accessory Structure —
A
A
A
Residential Care, 6 or fewer clients, in a home —
—
P
P
Residential Care, 7 or more clients —
—
—
—
Swimming Pool, Hot Tub, Spa
—
A,S
A,S
Work/Live —
—
—
—
SERVICES -GENERAL
Day care - Large family day care home —
—
A(4)
A(4)
Section 7.060
Day care - Small family day care home —
—
A(3)
A(3)
Public safety facility —
—
P
P
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
City Water & Sewer Facility CUP
P
P
P
Telecommunications Facility S
S
S
S
Section 7.090 &
Muni Code 14.44
Key to zone symbols
OS - Open Space RR - Rural Residential
AG - Agriculture R1 - Residential 1
Ordinance No. 2300 N.C.S. 6-5
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)
6-6 Ordinance No. 2300 N.C.S.
ATTACHMENT
Residential Zones
TABLE 42
P(l6)
Permitted Use
| CUP
Conditional Use Permit Required
6
Pmmi(�quimmmdinSp��cNm�gu|oUono
/Q|pw�dL�MdU�w��M�P�nn|tR�q�|r�m�n��for
|
A
Accessory Use
Residential Uses
—
UooNot Allowed
�
`
Permit Required bvZone
Specific Use
LAND USE TYPE (1)
| R2
| R3 |
R4 |
R5
| Regulations
LODGING
Lodging-Ghort-TormVacationRontoa
P(15)
P(15)
P(15)
P(15)
Section 7.110
Lodging -Bed & breakfast inn (B&B)
CUP
CUP
Section 7.100
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Community Meeting Facility
CUP
CUP
CUP
CUP
Golf course, country club
—
—
—
—
Pork
P
P
P
P
School - Elementary, secondary, orcollege, private
CUP
CUP
CUP
CUP
RESIDENTIAL
Dwelling, Accessory
A.S
A.S
A.S
A,S
Section 7.030
Dwelling, Junior Accessory
A.S
A.S
A.S
&@
Section 7.035
Dwelling, Group
G(5)
8(5)
—
—
Section 7.040
Dwelling, Multiple
—
P
P
P
Dwelling, Single Household
P
P
P
P
Home Occupation
A.G(2)
A.S(2)
A.S(2)
A.S(2)
Section 7.050
Residential, Accessory Structure
A
A
A
A
Residential Care, 8orfewer clients, inohome
P
P
P
P
Residential Care, 7ormore clients
—
—
—
—
� Swimming Pool, Hot Tub, Spa
A.S
A.S
A.S
A.S
Section 7.080
Work/Live
—
—
—
—
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
Medical services -Major
—
—
—
—
Medica|Somimm'Winnr
SERVICES 'GENERAL
Adult day program
—
—
—
—
Child care center
—
—
—
—
Day care ' Large Family
A(4)
A(4)
A(4)
A(4)
Section 7.060
� Day care ' Small Family
A(3)
A(3)
A(3)
A(3)
Public safety facility
P
P
P
P
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
City Water & Sewer Facility
P
p
P
p
Telecommunications facility
S
S
S
S
Ga� �on780O&
Muni Code 14.44
| Utility facility
—
—
—
—
Key tozone symbols
R2'Residential 2
R4'Residential
4
Ordinance No. 2300 N.C.S. 6-7
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)
6-8 Ordinance No. 2300 N.C.S.
ATTACHMENT
Mixed Use Zones
TABLE 4.3 P(16) Permitted Use
CUP Conditional Use Permit Required
Allowed Land Uses and Permit Requirements for S Permit Requirement in Specific Use Regulations
A Accessory Use
Mixed Use Zones _ Use Not Allowed
Permit Required by ZoneJ Specific Use
LAND USE TYPE (1) MU1A MU1B MU1C MU2 1 Regulations
INDUSTRY, MANUFACTURING & PROCESSING
Artisan/craft product manufacturing
Catering service, as a primary use
Furniture and fixture manufacturing, cabinet making
Laboratory -Medical, analytical
Manufacturing, light
Media production
Printing and publishing
Research and development
LODGING
Lodging - Short -Term Vacation Rentals
Lodging - Bed & breakfast inn (B&B)
Lodging - Hotel/Motel
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
Community Meeting Facility
Commercial recreation - Indoor
Fitness/health facility
Library, museum, art gallery
Park
School - Elementary, secondary, or college, private
School - Specialized Education and Training
Studio - Art, dance, martial arts, music, etc.
Theater, cinema or performing arts
(RESIDENTIAL
Dwelling, Multiple
Dwelling, Accessory
Dwelling, Junior Accessory
Dwelling, Single
Home Occupation
Residential care, 7 or more clients
Residential care facility, adult
Residential care facility, for the chronically ill
Residential care facility, for the elderly
Residential in mixed use building
Work/Live
P
P
—
CUP(6)
P(6)
P
—
P(6)
—
P
—
-
-
P
—
-
-
P(14)
—
—
P(6)
P
—
P(6)
P(6)
P
—
P(6)
—
P
—
—
P(15)
P(15)
P(15)
P(15)
Section 7.110
—
—
—
P
P
P
—
P
CUP
CUP
—
CUP
Chapter9
CUP
CUP
CUP
CUP
CUP
CUP
—
P(6)
P
P
—
P
P
P
—
P
P
P
P
P
CUP
CUP
CUP
CUP
CUP
CUP
—
CUP
P
P
—
P
Theater District
CUP
CUP
—
CUP
Ord. 2158
CUP
CUP
P
AS
A, S
A,S
A. S
Section 7.030
A,S
A,S
A,S
A.S
Section 7.035
—
—
P
—
A,S(2)
A,S(2)
A,S(2)
A,S(2)
Section 7.050
P(10)
P(10)
P
CUP(10)
P(6)
P(6)
—
CUP(10)
P(6)
P(6)
—
CUP(10)
P(6)
P(6)
—
CUP(10)
P(10)
P(10)
P(10)
P(10)
P(6)
P(6)
P
P(6)
Ordinance No. 2300 N.C.S. 6-9
TABLE 4.3
Allowed Land Uses and Permit Requirements for
'Mixed Use Zones
LAND USE TYPE (1)
RETAIL
Adult oriented business
Artisan Shop
Auto parts sales
Bar, tavern, night club
Building and landscape materials sales - Indoor
Gas station
General retail
Groceries/specialty foods - 25,000 sf or less
Groceries/specialty foods - More than 25,000 sf
Plant nursery
Restaurant, caf6, coffee shop
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM
Bank, financial services
Business support service
Medical services - Health Care Facility
Medical services - Major
Medical services - Minor
Office - government
Office - Headquarters, or processing
Office - Professional, administrative
SERVICES -GENERAL
Adult Day Program
Child Care Center
Child day care - Large Family
Child day care - Small Family
Kennel, animal boarding
Meals Assembly Business
Mortuary, funeral home
Personal services
Personal services - Restricted
Public safety facility
Vehicle services - Minor maintenance/repair
Veterinary clinic, animal hospital
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTUR
City water & sewer facility
Parking facility, public or commercial
Telecommunications facility
Utility facility
E
P(16)
Permitted Use
CUP
Conditional Use Permit Required
S
Permit Requirement in Specific Use Regulations
A
Accessory Use
—
Use Not Allowed
Permit Required by Zone
Specific Use
MU1A
MU113
MU1C
MU2
Regulations
CUP
CUP
—
CUP
Chapter 10
P
P
—
P
P
P
—
—
CUP
CUP
—
CUP
Chapter 8
P
P
—
P
CUP
CUP
—
—
P
P
—
P
P
P
—
P
P
P
—
—
P
P
—
—
P
P
CUP
P
P
P
P
P
P
P
—
P
P
P
—
P
P(6)
P(6)
—
P(6)
P
P
—
P
P(6), (11)
P(6), (11)
P
P(6), (11)
P
P
P
P(6)
P(6)
P
—
P(6)
P
P
P
P(6)
CUP
CUP
CUP
P
P(6)
P(6)
—
P(6)
—
—
A(4)
—
Section 7.060
A(3)
A(3)
A(3)
A(3)
—
CUP
—
—
P(12)
—
—
—
CUP
—
—
—
P
P
—
P
P
P
—
P
P
P
P
P
—
P
—
CUP
P(8)
P(8)
—
P(8)
P
P
P
P
CUP
—
—
CUP
Section 7.090 &
S
S
S
S
Muni Code 14.44
CUP
CUP
—
CUP
6-10 Ordinance No. 2300 N.C.S.
ATTACHMENT
Key to zone symbols
MU1A - Mixed Use 1A
MU1 B - Mixed Use 1B
MU1C - Mixed Use 1C
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)
Ordinance No. 2300 N.C.S. 6- 11
Commercial, Business Park, and Industrial Zones
TABLE 4.4 I P(16)
CUP
Allowed Land Uses and Permit Requirements for S
Commercial, Business Park, and Industrial Zones A
LAND USE TYPE (1)
INDUSTRY, MANUFACTURING & PROCESSING
Artisan/craft product manufacturing
Catering service, as a primary use
Furniture and fixtures manufacturing, cabinet shop
Laboratory - Medical, analytical
Laboratory - Cannabis
Laundry, dry cleaning plants
Manufacturing/processing - Light
Manufacturing/processing - Medium intensity
Manufacturing/processing - Cannabis
Media production
Petroleum product storage and distribution
Printing and publishing
Recycling facility
Recycling facility - Scrap and dismantling yard
Retail Sale and Delivery - Cannabis
Research and development
Storage yard- outdoor
Storage - warehouse, indoor storage
Wholesaling and distribution
LODGING
Lodging - Hotel/Motel
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Cardroom
Community Meeting Facility
Commercial recreation - Indoor
Commercial recreation - Outdoor
Conference/convention facility
Fitness/health facility
Park
School - Elementary, secondary, or college, private
School - Specialized Education and Training
Sports and entertainment assembly
Studio - Art, dance, martial arts, music, etc.
RESIDENTIAL
Emergency Shelter
Dwelling, Caretaker
Home Occupation
Residential care, 7 or more clients
Residential care, adult
Residential care, for the chronically ill
Residential care, for the elderly
Residential in mixed use building
Work/Live
Permitted Use
Conditional Use Permit Required
Permit Requirement in Specific Use Regulations
Accessory Use
Use Not Allowed _
Permit Required by Zone Specific Use
C2 I BP I I I Regulations
— — P
P
P(6) P(6) P
P
— — —
P
— — P
P
P(16,17)
P(16,17)
— — —
P
— — P
P
— — —
P
— — P(16,17)
P(16,17)
— — P
P
P
CUP
— — P
P
— — CUP
CUP
— — P(16,17)
P(16,17)
— — P
P
CUP
CUP
— — CUP
P
— — P
P
— I P I CUP —
CUP
CUP
CUP
—
P
P
CUP
CUP
—
CUP
CUP
-
-
CUP
—
-
-
—
CUP
—
P
P
P
CUP
P
P
P
P
—
—
CUP
—
P(6)
P(6)
CUP
—
P
P
P
—
—
—
—
P
—
—
P
P
A, S(2)
A, S(2)
—
—
CUP(10)
CUP(10)
—
—
CUP(10)
CUP(10)
—
—
CUP(10)
CUP(10)
—
—
CUP(10)
CUP(10)
P(10)
P(10)
—
—
P(6)
P(6)
—
—
6-12 Ordinance No. 2300 N.C.S.
PMC 10.15
PMC 10.15
PMC 10.15
Chapter 9
Section 7.050
ATTACHMENT
TABLE 4.4
P(16)
Permitted Use
CUP
Conditional Use Permit Required
Allowed Land Uses and Permit Requirements for
S
Permit Requirement in Specific Use Regulations
Commercial, Business Park, and Industrial Zones
A
Accessory Use
I
—
Use Not Allowed
Permit Required by Zone
Specific Use
LAND USE TYPE (1)
C1
C2
BP
I
Regulations
RETAIL
Adult oriented business
CUP
CUP
—
—
Chapter 10
Artisan Shop
P
P
Auto vehical sales and rental
Bar, tavern, night club
CUP
CUP
—
—
Chapter 8
Building and landscape materials sales - Indoor
P
P
—
—
Building and landscape materials sales - Outdoor
—
—
—
—
Gas station
P
P
CUP
—
General retail
P
P
—
—
Groceries/specialty foods - 25,000 sf or less
P
P
—
—
Groceries/specialty foods - More than 25,000 sf
P
P
—
—
Plant nursery
P
P
—
—
Restaurant, cafe, coffee shop
P
P
P(9)
P(9)
SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL
ATM
P
P
P
P
Bank, financial services
P
P
P
—
Business support service
P
P
P
P
Medical services - Health Care Facility
P(6)
P(6)
P
—
Medical services - Major
—
—
P
—
Medical services - Minor
P(6), (11)
P(6), (11)
P
—
Office - government
P
P
P
—
Office - Headquarters, or processing
P(6)
P(6)
P
—
Office - Professional, administrative
P
P
P
—
SERVICES -GENERAL
Adult Day Program
P
P
P
—
Child Care Center
P
P
P(6)
P(6)
Child day care - Large Family
—
—
—
—
Child day care - Small Family
A(3)
A(3)
—
—
Kennel, animal boarding
—
—
—
CUP
Maintenance/repair service - Client site services
—
—
P
P
Maintenance/repair service - Equipment, appliances
—
—
—
P
Meals Assembly Business
P(12)
P(12)
—
—
Mortuary, funeral home
—
—
—
—
Personal services
P
P
—
—
Personal services - Restricted
P
P
—
—
Public safety facility
P
P
P
P
Vehicle services - Major repair/body work
—
—
—
P
Vehicle services - Minor maintenance/repair
—
—
—
P
Veterinary clinic, animal hospital
P(8)
P(8)
P
P
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
CUP
Ordinance No. 2300 N.C.S. 6- 13
Key to zone symbols:
C1- Commercial 1 BP - Business Park
C2 - Commercial 2 1- Industrial
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)
(16) Use must be at least 600 feet from a school or a childcare center, at least 200 feet from parks, youth centers, or the library,
and 100 feet from residential districts as measured from property line to property line
(17) All Cannabis Businesses must obtain an annual Commercial Cannabis Permit
6-14 Ordinance No. 2300 N.C.S.
Civic Facility Zone
TABLE 4.5
Allowed Land Uses and Permit Requirements for
Civic Facility Zone
LAND USE TYPE (1)
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Park
Community Meeting Facility
School - Elementary, secondary, or college, private
Theater, cinema or performing arts
RESIDENTIAL
Emergency Shelter
Dwelling, Caretaker
SERVICES -BUSINESS, FINANCIAL, PROFESSIONAL
Office - Business, service, or government
SERVICES - GENERAL
Adult Day Program
Child Care Center
Public safety facility
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
City water & sewer facility
Parking facility, public or commercial
Telecommunications facility
ATTACHMENT
P(16) Permitted Use
CUP Conditional Use Permit Required
S Permit Requirement in Specific Use Regulations
A Accessory U se
— Use Not Allowed
Permit Required by Zone Specific Use
CF Regulations
P
CUP
CUP
Theater District
CUP Ord. 2158
CUP
P
11
CUP
P
P
P
P
Section 7.090 &
S
Muni Code 14.44
Utility facility CUP
Key to zone symbols:
CF - Civic Facilities
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) U se allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a C U P
(7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor
(8) A C U P is required for overnight board and care
(9) Neighborhood serving and open at lunch
(10) Allowed only on floors above the ground floor
(11) U rgent 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
Ordinance No. 2300 N.C.S. 6- 15
TABLE 4.6 OSP AND AG ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature
Lot size
Minimum area
Minimum width
Interior lot
Corner lot
Minimum depth
Setbacks
Primary structure
OSP
Open Space & Parks
AG
Agriculture
Mininnan area and width required for each lot in a new subdivision
NA 20,000 sf
100 ft
NA H oft
NA 130 ft
Mininunn .setbacks required. See Chapter 12 for modifications, reductions, and
encroachments. See Chapter 7 for anv setback- requirements applicable to a specific
land 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
Structure
Front ( Not Permitted' Not Permitted
Side — interior (each) 4 ft' 4 ft
Side — Street 30 ft' 30 ft
Rear 5 ft' 5 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 Maximmnz allowable height of structures. See Glossarv.for height measurement
Maximum height requirements, and Chapter 12 for height linlit modifications.
Principal Building 25 ft 25 ft
Accessory Structure 25 ft 25 ft
Usable Open Space NA NA
Fencing, Landscaping, &
Tree Preservation See Chapters 13, 14, and 17
Parking
See Chapter 11
Signs '
See Chapter 20
1. The development standards for buildings and structures in City parks shall be as prescribed in Table 4.13 (Civic Facilities).
6-16 Ordinance No. 2300 N.C.S.
ATTACHMENT
TABLE 4.7 - RR AND R1 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature RR RI
Rural Residential Residential 1
Lot size Minimum area and width required for each lot in a new subdivision I
Minimum area 2 acres] 20,000 sf'
Minimum width
Interior lot 100 ft
Corner lot 150 It 165 ft 1 10 ft
Minimum depth 150 ft 130 ft
Minimum setbacks required. See Chapter 12 for modifications, reductions, and
Setbacks encroachments. See Chapter 7 for am, setback requirements applicable to a specific
Primary structure land 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
Structure
Front
Not Pennitted Not Permitted
Side — interior (each)
4 It 4 It
Side — Street
40 ft 30 ft
Rear
5 ft 5 It
Rear..=Accessviy._I3ivefl* ng
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
Maximum allowable height of structures. See Glossary,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 ft 21 ft
Usable Open Space
NA NA
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).
I . , Sec Section 7.030. Does not
atiniv to accessory dwcllini; units 800 sfor less.
Ordinance No. 2300 N.C.S. 6- 17
6-18 Ordinance No. 2300N.Cl
TABLE 4.8 - R2 AND R3 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature R2
Residential 2
Lot size
Minimum area
Minimum width
Interior lot
Corner lot
Minimum depth
Setbacks
Primary structure
Front
Side – Interior (each)
Side – Street side
Corner Lot
Reverse Corner Lot
Rear
Garage front
Detached Accessory
Structure
Front
Side – Interior (each)
Side – Street
Rear
Rear Accessory Dwellim,
R3
Residential 3
Minimum area and width required for each lot in a new subdivision
6,000 sf'
50 ft
55 ft
4,000 sf'
40 ft
45 ft
ATTACHMENT
70 ft 70 ft
Minimum setbacks required. See Chapter 12 for modifications, reductions, and
encroachments. See Chapter 7 for am, setback requirements applicable to a specific
land use.
20 ft 15 ft
5 ft 3 ft
loft
loft
15 ft
loft
20 ft
15 ft
20 ft 20 ft
Not Pennitted Not Permitted
4 ft 4 ft
loft loft
5 ft 5 ft
4 11 4 11
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 Maximum allowable height of structunres. See Glossai-V for height measurement
Maximum height requirements, and Chapter 12 for height limit modifications.
Principal Building 25 ft 25 ft
Accessory Stricture 15 ft 15 ft
Accessory Dwelling 21 ft 21 ft
Usable Open Space NA 600 sf
Fencing, Landscaping, &
Tree Preservation See Chapters 13, 14, and 17
Parking See Chapter 1 1
Signs
See Chapter 20
L,—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 dtvelIinp units 800 sf or less.
Ordinance No. 2300 N.C.S. 6- 19
6-20 Ordinance No. 2300 N.C.S.
ATTACHMENT
TABLE 4.9 - R4 AND R5 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature R4 R5
Residential 4 Residential 5
Lot size
Minimum area and width required for each lot in a new subdivision
Minimum area
3,500 sf' 1,500 sf'
Minimum width
loft loft
Interior lot
35 ft NA
Corner lot
40 ft NA
Minimum depth
70 ft NA
Site coverage
Minimum setbacks required. See Chapter 12 for modifications, reductions, and
Setbacks
encroachments. See Chapter 7 for am' setback requirements applicable to a specific
Primary structure
land use.
Front
loft 0 ft
Side — Interior (each)
0 ft 0 ft
Side — Street side
loft 0 ft
Rear
loft 0 ft
Garage front
20 ft 0 ft
Detached Accessory
Structure
Front
Not Pennitted Not Permitted
Side — interior (each)
4 ft 4 ft
Side — Street
loft loft
Rear
5 ft 5 ft
Rear..=Accessuty._I3ivz%link
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
60% NA
Accessory structure,
10% of the required setback area or 500 sf,
detached'
whichever is greater NA
Height limit
Maximum allowable height of structures. See Glossary, far height measurement
Maximum height
requirements, and Chapter 12 for height limit modifications.
Principal Building
35 ft 45 ft`'
Accessory Structure
25 ft 25 ft
Accessory Dwelling
21 ft NA-_Ift
Usable Open Space
400 sf/unit
300 sf/unit May include common open space
Fencing, Landscaping, &
Tree Preservation
See Chapters 13, 14, and 17
Parking
See Chapter 1 1
Signs
See Chapter 20
4-117 slope of the parcel is 10%
or greater, the minimum parcel size is determined by Section 16.070(C).
1.
2. See Section 7.030. Does not
am)ly to accessory dwelIilia units 800 sf or less.
;,,,An increase in height may be permissible as prescribed in Section 12.025.
Ordinance No. 2300 N.C.S.
M
6-22 Ordinance No. 2300 N.C.S.
ATTACHMENT
TABLE 4.10 MU1 AND MU2 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature MUi MU
Mixed Use 1 Mixed Use 2
Lot size
Mininnan area and width required for each lot in a nen subdivision
Minimum area
NA
2,000 sf
Minimum width
NA
NA
Minimum depth
NA
NA
5 ft
Minimum setbacks required. See Chapter 12 for modifications, reductions, and
Setbacks
encroachments. See Chapter 7 for any setback
requirements applicable to a specific
Primary structure
land use.
all buildings on a lot divided by the area covered by structures, open or
building site area. enclosed, excluding uncovered steps,
0 ft minimum
Front
0 ft
10 ft maximum
80%
0 ft minimum
100% for structured parking
0 ft
10 ft maximum
Maximum height
Abutting an R District: 15 ft plus 1 foot of
Abutting an R District: 15 ft plus 1 foot of
30 111 45 ft
additional setback for each foot of building
additional setback for each foot of building
Side — Interior (each)
height over 20 ft
height over 20 ft
Tree Preservation
0 ft minimum
Side — Street side
0 ft
10 ft maximum
See Chapter 20
0 ft
0 ft
Abutting an R District: 15 ft plus 1 foot of
Abutting an R District: 15 ft plus 1 foot of
additional setback for each foot of building
additional setback for each foot of building
Rear
height over 20 ft
height over 20 ft
Garage front
NA
NA
Detached Accessory
Structure
Front
Not Pennitted
Not Pennitted
Side — Interior (each)
4 ft
4 ft
Side — Street
loft
l 0 ft
Rear
5 It
5 ft
Rear — Aa cessctiy._I3}v z%l ink
4 ft
4 ft
Floor Area Ratio. The gross floor area of Site Coverage. The percent of the total site
all buildings on a lot divided by the area covered by structures, open or
building site area. enclosed, excluding uncovered steps,
Site coverage
patios and terraces.
Maximum coverage=
80%
2.5 floor area ratio
100% for structured parking
Height limit
Maximum allowable height of'structures. See Glossai-v,for• height measurement
Maximum height
requirements, and Chapter 12_for height limit modifications.
Principal Building
30 111 45 ft
Accessory Stricture
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 11
Signs
See Chapter 20
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.
Ordinance No. 2300 N.C.S. 6-23
I See Section 7,010. Does not at)vlv to accessory dwel I im-, units 800 sf or less.
4—.
The minimum depth of usable open space is 3 feet. Usable common open space is strongly encouraged.
6-24 Ordinance No. 2300 N.C.S.
ATTACHMENT
TABLE 4.11 - C1 AND C2 ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature C1 C2
Commercial 1 Commercial 2
Lot size
Minimum area and width required for each lot in a new subdivision
Minimum area
NA NA
Minimum width
NA NA
Minimum depth
NA NA
Mininumr .setbacks required. See Chapter 12 for modifications, reductions, and
Setbacks
encroachments. See Chapter 7 for anv setback requirements applicable to a specific
Primary structure
land use.
Front
0 ft 0 ft
0 ft 0 ft
Abutting an R District: 15 ft plus 1 foot of Abutting an R District: 15 ft plus 1 foot of
additional setback for each foot of building additional setback for each foot of building
Side — Interior (each)
height over 20 ft height over 20 ft
Side — Street side
0 ft 0 ft
0 ft 0 ft
Abutting an R District: 15 It plus 1 foot of Abutting an R District: 15 ft plus 1 foot of
additional setback for each foot of building additional setback for each foot of building
Rear
height over 20 ft height over 20 ft
Garage front
NA NA
Detached Accessory
Structure
Front
Not Permitted Not Pennitted
Side — Interior (each)
4 ft 4 ft
Side — Street
loft l 0 ft
Rear
5 It 5 ft
Floor Area Ratio. 77ie gross f oor area of 'ah buildings on a lot divided by the building
Site coverage
site area.
Maximum Coverage
Floor Area Ratio
0.8
1.2
Height limit
Maxirrrrnrr allowable height of structures. See Glossary,. for height nreasurernerrt
Maximum height
requirements, and Chapter 12 for height limit modifications.
Principal Building
30 ft 40 ft
Accessory Structure
15 ft 15 ft
Usable Open Space
NA NA
Fencing, Landscaping, &
Tree Preservation
See Chapters 13, 14, and 17
Parking
See Chapter 11
Signs
See Chapter 20
Ordinance No. 2300 N.C.S. 6-25
TABLE 4.12 - BP AND 1 ZONE DEVELOPMENT STANDARDS
6-26 Ordinance No. 2300 N.C.S.
Requirement by Zone
Development Feature
BP I
Business Park Industrial
Lot size
Minimum area and width required for each lot in a new subdivision
Minimum area
20,000 sf 20,000 sf
Minimum width
Interior lot
100 ft 100 ft
Corner lot
1 10 ft 1 10 ft
Minimum depth
100 ft 100 ft
Minimum setbacks required. See Chapter 12 for modifications, reductions, and
Setbacks
encroachments. See Chapter 7 for any setback requirements applicable to a specific
Primary structure
land use.
Front
0 ft 0 ft
0 ft 0 ft
Adjacent to a non -industrial or non- Adjacent to a non -industrial or non -
Side — Interior (each)
business park use: 20 ft business park use: 20 ft
Side — Street side
0 ft 0 ft
0 ft 0 ft
Adjacent to a non -industrial or non- Adjacent to a non -industrial or non -
Rear
business park use: 20 ft business park use: 20 ft
Garage front
NA NA
Detached Accessory
Structure
Front
Not Permitted Not Permitted
Side — interior (each)
4 ft 4 ft
Side — Street
loft loft
Rear
5 ft 5 ft
Floor Area Ratio. The gross floor area of all buildings on a lot divided by the building
Site coverage
site area.
Maximum Coverage
Floor Area Ratio
1.5
0.6
Height limit
Maximum allowable height of structures. See Glossai-V for height measurement
Maximum height
requirements, and Chapter 12 for height limit modifications.
Principal Building
40 ft 40 ft
Accessory Stricture
15 ft 15 ft
Usable Open Space
NA NA
Fencing, Landscaping, &
Tree Preservation
See Chapters 13, 14, and 17
Parking
See Chapter 1 1
Signs
See Chapter 20
6-26 Ordinance No. 2300 N.C.S.
ATTACHMENT
TABLE 4.13 - CF ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature CF
Civic Facilities
Lot size Minimum area and width required for each lot in a new subdivision
Minimum area Same as abutting zoning district
Minimum width
Interior lot
Corner lot Same as abutting zoning district
Minimum depth Same as abutting zoning district
Minimum setbacks required. See Chapter 12 for rrrodifrcations, reductions, and
Setbacks encroachments. See Chapter 7 for am, setback requirements applicable to a specific
Primary structure land use.
Front Same as abutting zoning district
Side — Interior (each) Same as abutting zoning district
Side — Street side Same as abutting zoning district
Rear Same as abutting zoning district
Garage front Same as abutting zoning district
Detached Accessory
Structure
Front Not Permitted
Side — interior (each) 4 It
Side — Street loft
Rear 5 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 Same as abutting zoning district
Accessory structure,
detached Same as abutting zoning district
Height limit Maxinnmr allowable height of structures. See Glossary for height measurement
Maximum height requirements, and Chapter 12_for height limit modifications.
Principal Building 25 ft
Accessory Structure 15 ft
Usable Open Space NA
Fencing, Landscaping, &
Tree Preservation See Chapters 13, 14, and 17
Parking
See Chapter 11
Signs
See Chapter 20
Ordinance No. 2300 N.C.S. 6-27
THIS PAGE INTENTIONALLY LEFT BLANK
6-28 Ordinance No. 2300 N.C.S.
ATTACHMENT
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. Zoninq. 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 existinq 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 existinq or proposed structure on the property. Accessory dwellinq units proposed in multi -f ,:,i Iv
dwellinq structures must comply with state buildinq standards for dwellings and may not convert portions of the
existinq structure that are used for livable space.
C. Number of Units Allowed. Notwithstandinq the development standards included in this Section or elsewhere in the
Implementinq Zoninq Ordinance, the requirements for the number of Accessory Dwellinq Units allowed on a lot are
as follows:
accessory dwellinq unit and one iunior accessory dwellinq unit mav be on a lot with a propos
.,
or existinq sinqle-familv dwellinq if all of the •
a. Either the accessory dwellinq unit or junior accessory dwellinq unit is within the existinq or proposed
sinqle familv dwellinq or accessory structure
i . Anv addition beyond the existinq single-familV dwellinq or accessory structure u,:, , .., ;, i,,: < 1,..
il does not exceed 150 square feet and is limited
to accommodate inqress and egress;
The accessory dwellinq unit or junior accessorV dwellinq has exterior access from the existinq or
proposed single familv dwellinq;
Ordinance No. 2300 N.C.S. 7-1
A maximum of two detached accessory dwellinqs are permitted on a multi-familv lot if each unit is limited to
feet in heiqht and provides 4 -foot side and rear vard setbacks.
.�lSize ufUnit. The maximum allowable living area of _111�rI1unit io73O-1208square feet, or the
total |kjngarea ofthe primeryresidence, whichever is less; provided, however, that ifoproposed acceaoomdweUinQ
unit is to be attached to an existinq or proposed primary residence, then the accessorV dwellinq unit total |ivinQarea
moynoLanmadfiftypenmntofthetota||ivin4oreaofthephmmryreaidenoe.un|emothaemmmaorydwmUinqunithaa
a total |ivinq area nopneabarthan 800 square feet, u heiqhtnuqnao0erthan 16 feet, and minimum 4'foutside and
rear ym,doatbocks.,-^Livingarea" iathe interior habitable area ofthe 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.
Existing Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction
with the Gon&#uGtio-R-establishment of an accessory dwelling unit the off-streetparking spaces formerly provided by
the demolished structure are not required tobereplaced. T4:ie_|freplaced, rap|u:umontp2fKilmay b*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
...Foundation Required. Accessory dwellings,, I �:�, must be permanent structures located on a permanent foundation.
���Sed�nko.�uou000�d�o!i:�n�o�mhodbn�uphn�po|dwoUin@muouomp�w�h�mphndp�dwo||��oo�uukc
ofthe zmni-Gdistr;utDetached m000ammYAnacceosomdwellings unit must provide setbacks ofnoless than four
feet from the side and rear lot lines. Gemply-with thc,ctbackc Of a-C-Ga&Gory P&uotlure-s. No setback shall be required
for the conversion or in-kind reconstruction of axiotinq |ivinq area or non -complying detached structures to
accommodate a new accessorV dwellinq unit. In-kind reconstruction shall mean the same location, buildinq footprint
and heiqht. Any construction pmpomin4 expansion to m nuncunforminq ntructure, such as o second o0ory, must
provide setbacks of no less than four feet from the side and rear lot lines. an ex;rOt!n-1-g3rago that ic ounvurindtoo:
0000mauryd�oUinQunit and aoaUhoukofnomorothonfivofact from the oidaand mnrlot |inuookd|boroqufodfar
8ingunit thmt_+s-oonctructadobov:'3 Qorogcx
F}l_Porhng. No additional parking j'. :r�v|/a��x:�:.'�
i_Open Space. Parcels on which accessory dwellings are built shall have aminimum ofone hundred (1C0) 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 coveraqe, floor area ratio (FAR), and open space do not appiv t#
accessory dwellinq units that are than 800 square feet, I ? i 16 feet in heiqht, orovicle:r4-fooi
side and rear Vard setbacks, and compIV with all other local development standards. On multi-familv developmem
lots this exception mav oniv appiv to two detached units that meet the scale and setback parameters noted in this
7-2 Ordinance No. 2300 N.C.S.
ATTACHMENT 7
Fire Sprinklers and Fire Attenuation. Accessory dwellinq units shall not be required to provide fire sprinklers if 1
I' are not required for the primary residence.
Architecturale Compatibility. An accessory dwelling be designed to be compatible with the
architectural richness of existing development in the immediate vicinity G�and principal dwelling on the site.
New accessory dwellings constructed above the ground floor shall be designed to reasonably preserve the
privacy of adjacent property owners. Appropriate design techniques to Preserve privacv include obscured qlazinq,
window placement above eve level, screening treatments, or locating balconies, windows and doors towards the
existinq on-site residence.
-Construction Prior to Principal Dwelling. An--accos&ory dwelling may be -approved prior to construction of the
principal dwoll.ing if in coonJurotion with the concurra4de-velopment of four or fewer pametsA certificate of occuoancv
for an accessory dwellinq unit may not be issued before the issuance of a certificate of occupancy for the Primary
dwelling_..
0. Historic. I, 1 1, 1
�",pplications for accessory dwellings designated landmark
sites or within a designated historic district, are subjoct to Captor 15: Prosorvation-of-the Cultural and Historic
Envi ro In mont,
JtV
P . 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.
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified
buver and the qualified nonprofit corporation that satisfies all of the requirements specified in paraqraph (10) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
a. A "qualified buver" means persons and families of low or moderate Income, as that term is defined in Section
50093 of the California Health and Safetv Code.
Ordinance No. 2300 N.C.S. 7-3
b. A "Qualified nonprofit corporation" means a nonprofit corporation orqanized pursuant to Section5O1(c)(3)uf
the Internal Revenue Code that has received owelfare exemption under Section 214.15ofthe Revenue
and Taxation Code for properties intended to be sold to low-income families who participate in a special no -
interest loan proqram.
a. The aqreement allocates toeach qualified buyer an umdivided, unequal interest in the propedyboaed on
the size of the dwellinq 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.
d. Affordability restrictions on the ao|a and conveyance of the Property that ensure the ympody will be
preserved for low-income housinq for 45 years for owner -occupied housinq units and will be sold or resold
Looqualified buyer,
4 A qrant deed naminq the qrantor, qrantee, and describinq the Property interests beinq transferred shall be
recorded in the countv in which the Property is located. A Preliminary Chanqe in Ownership Report shall be filed
concurrently with this qrant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
Notwithstandinq Section 65852.2(f)(2)(A) of the California Government Code, if requested byoutility pmvdinq
aonioe to the ohmam residenoe, the accessory dwoUino unit has a oeoerate water, sower, or electrical
connection huthat utility.
7.O35 -Junior Accessory Dwelling Units
All junior accessory dwelling units shall comply with the following standards
& Zoning A junior accessory dwellinq unit may ba created within a residential or mixed-use zone. imJudinp Planned
..Number of Units Allowed. Only one asco&sory dwol!;ng un� --rjunior accessory dwelling unit may be located within
anexietinqorproposed sinplefamily dwe||ing.onany mnildanbo|y zonadkot that ponndo:Ginglehm�ilydwa|ing.A
juniorauouuourydw-Aingunitmuyun!ybo!=t3dmna|otwhGhu|naadyountokmanok0go dmgbf,,mi!yd*w&ng,
.�..�,,,OwnerOccuponuy The owner of#** -a parcel with osimo|e-familvdwe|imoand eproposed #aF-a-junionaccessory
dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, exceptwhen
the home is owned or operated by government agency, land hunt, or non-profit housing organization for use as
affordable housing.
Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit must be created within the existing
walls of an existing or proposed primary dwelling, ard must;ncludc convo-rsion of an exi tir.g badroom.
Separate Entry Required. A separate exterior entry shall be provided to serve ajunior accessory dwelling unit.
5�-4nt horEntryFknr*:m.Thointer;o oGnn3ctiontothe moir',|iv;r�gnmnmust bomaintainod'but onouonddoor muy
F. Kitchen Requirements. Junior accessory dwelling units shall include an efficiency kitchen, which complies with any
7-4 Ordinance No. 2300 N.C.S.
ATTACHMENT
,k with a maximum wasto lirc d°a, -oto, of one -rd a half (1.5; inchos,
'.1, ...A cooking facility with appliances du not roq-a:ro eloctrica! Gery er than .ne-h od and twenty
(120) vo!ts-or natMral-cr pro-p3nn gas, and
A food preparation counter and storage cabinets that are reasonable to size of the unit.
G. Existing Parking, When an attached that provides existinq parkinq is converted in conjunction with the
establishment of a junior accessory dwellinq unit, the off-street parkinq spaces formerIv Provided bv the converted
area replaced. If provided, replacement Parkincl mav be located in anv conficluration on the
same lot as the accessory dwellincl unit, includinq,covered spaces, uncoveredspaces,
tandem spaces, or bv the use of automobile pa(consistent
Parking. No additional parking requirements apply
Maximum Unit Size. The maximum unit size for a junior accessory dwelling unit is five hundred (500) square feet.
Setbacks. Setbacks are as required for the primary dwelling unit.
h„„ 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.
No Water Connection Fees. No water connection fee is required for the development of a junior accessory dwelling
unit.
!.'F. No Sewer Connection Fee. No sewer connection fee is required for the development of a junior accessory dwelling
unit.
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 dwelling(s) 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
such that the average neighbor, under normal circumstances, would be unaware of its presence. The standards
Ordinance No. 2300 N.C.S. 7-5
applied are intended to insure compatibility with other permitted uses in residential areas and preserve 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.
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 (3/4) 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
customarily found in or to serve residences.
5. There shall be no outside storage of equipment or supplies.
6. Articles offered 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 off-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. A non -illuminated identification sign of not more than 1-1/2 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 needs
7-6 Ordinance No. 2300 N.C.S.
ATTACHMENT
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.
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 in compliance 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.
2. Residences located on arterial streets (as shown on the General Plan Circulation Map) must provide a
Ordinance No. 2300 N.C.S. 7-7
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.
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:
7-8 Ordinance No. 2300 N.C.S.
ATTACHMENT
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 of Permit. 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 it is 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. 7-9
A. Definitions. The types of facilities regulated by this section are defined in the City's Telecommunications Ordinance
(Municipal Code 14.44).
B. Telecommunications facilities are allowed only as described in Table 7.090(B).
Table 7.090B
Zoning
Type of Telecommunications Facilit
District
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
I
A
A CUP
CUP
CF
A
A CUP
CUP
C. Where a telecommunications facility is permitted by Table 7.090B, the approval(s) 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
an 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.
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.
7-10 Ordinance No. 2300 N.C.S.
ATTACHMENT
7.100 - Bed & Breakfast Inns
This Section provides requirements and conditions for the establishment and operation of a bed and breakfast inn (130) 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
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.
Ordinance No. 2300 N.C.S. 7-11
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.
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 a Short -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.
2. Signs. On-site signage is prohibited.
3. Business License. All short-term vacation rentals require a valid Business License issued in accordance
7-12 Ordinance No. 2300 N.C.S.
ATTACHMENT
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.
5. Advertising 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. A Short -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. A Short -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 a non -hosted vacation rental may be furnished for
compensation for no more than 90 days during any calendar year.
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 a Short -Term
Vacation Rental in a Planned Unit Development unless said PUD guidelines explicitly prohibit short-term vacation
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.
Ordinance No. 2300 N.C.S. 7-13
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 a Short -Term Vacation Rental Permit shall be as follows:
1. Application for Permit. Application for a Short -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.
Permit Approval. A Short -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:
a. Failure to timely remit Transient Occupancy Taxes; or
7-14 Ordinance No. 2300 N.C.S.
ATTACHMENT
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 or non-compliance on
the property.
J. Revocation of Permit. Upon confirmation of three or more verified violations of this section or other information
alleging that a short -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. 7-15
THIS PAGE INTENTIONALLY LEFT BLANK
7-16 Ordinance No. 2300 N.C.S.
ATTACHMENT
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
and bicycles in accordance with the requirements of this Chapter, or as 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
from 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. 8-1
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 1/2 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
of 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
operation of the facility 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.
8-2 Ordinance No. 2300 N.C.S.
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.
ATTACHMENT
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
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 dwellinq ;„
or iunior accessory dwellinq 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.
1 for each Pump Island, plus
Fueling/Gas Stations 1 for each Service Bay, plus
1 for each Employee on the Maximum Shift
Ordinance No. 2300 N.C.S. 8-3
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
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
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
8-4 Ordinance No. 2300 N.C.S.
ATTACHMENT
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 may be 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
an 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. 8-5
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.
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% 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 in compliance 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
8-6 Ordinance No. 2300 N.C.S.
ATTACHMENT
11.095 — Modifications
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
5,001 to 50,000 sq. ft. of gross floor area
50,001 to 150,000 sq. ft. of gross floor area
each additional 150,000 sq. ft. of gross floor area
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
12,501 to 20,000 sq. ft. of gross floor area
20,000 to 30,000 sq. ft. of gross floor area
30,000 to 50,000 sq. ft. of gross floor area
50,000 to 75,000 sq. ft. of gross floor area
each additional 25,000 sq. ft. of gross floor space
Offices, public buildings other than administrative offices, schools and
colleges, places of public assembly, charitable and religious institutions One loading berth, plus such additional berths
and clubs not used for human habitation, and public utility and public
service structures and installations, when any of the foregoing requires as may be prescribed by the Zoning
the recurring receipt, delivery, or distribution of goods or equipment by Administrator (Director)
truck
Mortuaries
less than 5,000 sq, ft, of gross floor area
5,000 to 10,000 sq. ft. of gross floor area
each additional 5,000 sq. ft. of gross floor space
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 One berth plus the number of additional berths
goods or equipment by truck prescribed by the Zoning Administrator (Director)
Ordinance No. 2300 N.C.S. 8-7
11.105 - 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 of off-street loading spaces may be 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 determine prior 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 of off-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 Serve 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, columbariums 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.
8-8 Ordinance No. 2300 N.C.S.
ATTACHMENT
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.
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. 8-9
8-10 Ordinance No. 2300 N.C.S.
ATTACHMENT
Chapter 22 Non -Conforming Uses
22.010 - Purpose
The purpose of the regulation of non -conforming uses is to control, reduce, or eliminate conflicts arising from the presence in any
district of uses or structures not conforming to district regulations. Where the degree of conflict is sufficiently great as to constitute
an impairment of public welfare, peace, or safety, it is the intent of this Chapter to provide an equitable process for the removal of
such uses or structures.
22.020 - Definitions
A. Non -conforming use. A non -conforming use is one which was originally legal, but which does not presently
conform to the provisions of the district in which it is situated. Any previously existing use for which district
regulations now require a use permit shall be deemed to be non -conforming until such a permit is secured.
B. Non -conforming structure. A non -conforming structure is one which was legal at the time of construction, but
which does not presently conform to the provisions of the district in which it is situated. Any previously existing
structure, including a sign or sign structure, for which district regulations now require a use permit, shall be deemed
to be non -conforming until such a permit is secured.
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).
Modifications o Non-Conforminq Structures and Accessory Dwellinq Unit Conversions. A non-conformina
structure that will be converted to an accessory dwellinq unit mavbe reconstructed
buildinq footprint, and heiqht as the existinq structure. A conversion or reconstruction for the purposes of creatinq a
new accessory dwellinq unit that is proposinq expansion to a nonconforminq structure, such as a second storv,
must de setbacks of no less than fourfrom
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.
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.
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.
;.... 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
Ordinance No. 2300 N.C.S. 9-1
and for such a use as will conform to the regulations for the district in which it is situated.
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.
22.040 - Non -Conformity by Reason of Non -Compliance with Performance Standards or Absence of
a Conditional Use Permit
A. Any use which is non -conforming at the time of the adoption of this Ordinance by reason of non-compliance with
performance standards established in Chapter 21 shall adopt measures necessary to conform therewith within five
(5) years of the adoption of this Ordinance.
B. Any use which is non -conforming by reason of failure to secure a use permit shall be subject to the regulations of
Section 22.030 until such time as a use permit is secured.
22.050 - Construction Approved Prior to Ordinance
A building, structure or part thereof which does not conform to the regulations for the district in which it is situated, but for which a
building permit was issued prior to the enactment of this Ordinance may be completed providing work is prosecuted continuously
and without delay. Such building, structure or part thereof shall be deemed to be a non -conforming use and shall thereafter by
subject to the restrictions set forth herein.
9-2 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
Chapter 28 Glossary
28.010 - Purpose
The chapter establishes the definitions of terms and phrases that are technical or specialized or that may not reflect common usage.
If a word is not defined in this chapter, or in another chapter of this Ordinance, the Director shall determine the correct definition.
28.020 — Definitions of Specialized Terms and Phrases
As used in this Ordinance, the following terms shall have the meaning ascribed to them in this Section, unless the context in which
they are used clearly requires otherwise.
A. Definitions, "A."
Abut. Adjoin or border on.
Adult oriented business. As defined in Chapter 10.
Adult Day Program. Any community-based facility or program that provides care to persons 18 years of age or older in need of
personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these
individuals on less than a 24-hour basis.
Alcoholic Beverage Establishment. A commercial and non-commercial establishment wherein alcoholic beverages are sold,
served, or given away for consumption on the premises, excluding full-service restaurants. Typical alcoholic beverage
establishments include but are not limited to the following recognized types of establishments: bars, cocktail lounges, ballrooms,
dance bars, piano bars, billiard or game parlors, bowling alleys and nightclubs.
Alley. A public or private way which affords only secondary access to abutting property.
Arborist. 1) A person currently certified by the Western Article of the International Society of Arboriculture as an expert on the
care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) other
qualified professionals who the Director determines have gained through experience the qualifications to identify, remove, or replace
trees.
Artisan Shop. A retail store selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area
for the crafting of the items being sold.
Artisan/Craft Product Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand,
including but not limited to jewelry, pottery, ceramics, small glass and metal art, and craft products. May also include small scale
artisanal food and beverage product manufacturing.
Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions,
including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. The machines
may be located at or within banks, or in other locations.
Auto Parts Sales. Stores that sell new automobile parts and accessories. Establishments that provide installation services are
instead included under "Vehicle Services - Repair and Maintenance - Minor." Does not include tire recapping establishments, which
are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap
and Dismantling Yards."
Auto and Vehicle Sales and Rental. A retail or wholesale establishment selling and/or renting automobiles, trucks and vans,
trailers and motorcycles (bicycle sales are included under "General Retail'). May also include repair shops and the sales of parts
and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle
dealership (see "Auto Parts Sales"); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home, RV and Boat Sales");
tire recapping establishments (see "Vehicle Services"); businesses dealing exclusively in used parts, (see 'Recycling - Scrap and
Dismantling Yards"); or "Gas Stations," which are separately defined.
Ordinance No. 2300 N.C.S. 10-1
B. Definitions, "B."
Bank, Financial Services. Financial institutions including:
banks and trust companies
credit agencies
holding (but not primarily operating) companies
lending and thrift institutions
See also, "Automated Teller Machine."
other investment companies
securities/commodity contract brokers and dealers
security and commodity exchanges
vehicle finance (equity) leasing agencies
Bar/Tavern. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant.
Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.
May also include beer brewing as part of a microbrewery. Does not include adult oriented businesses (also see "Night Club").
Bed and Breakfast Inn (B&B). A residential structure with one household in permanent residence, with three or more bedrooms
furnished for compensation for overnight lodging, where meals may be provided subject to applicable Health Department
regulations. Does not include room rental, which is separately defined (see "Rooming, Lodging, Boarding House, or Short -Term
Vacation Rental').
Bedroom. Any space in the conditioned area of a dwelling unit or accessory structure located along an exterior wall, but not including
the following: hall; bathroom; kitchen; living room, dining room, family room, laundry room, closet/dressing room opening off of a
bedroom. If a home office, library or similar room is proposed, it may be exempted from being considered a bedroom if there is no
closet and at least one of the following is present: a) a minimum 4 foot opening, without doors, into another room; or b) a half wall
(4 foot maximum height) between the room and another room. A detached building which contains only a half bath will not routinely
be considered as having a bedroom unless it is specifically identified and permitted as a guest house.
Block. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or
nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, or watercourse.
Building. See "structure"
Building Height. Measured as the vertical distance between the average finish grade and the midpoint between the eaves and
ridge of a gambrel, hip or gable roof, or the highest point of a flat or shed roof, or the ridge of the roofline of a mansard roof. When
either of the following occurs, a dormer shall also be considered a roof for the purposes of determining building height:
■ the width of the roof of the dormer exceeds 49% of the width of the roof of the building; or
the width of the dormer measured from building wall to building wall exceeds 49% of the width of the building
measured from building wall to building wall.
All building elevations are required to comply with the height limit for the zoning district in which the property is located.
Building and Landscape Materials Sales -Indoor. See "General Retail'
Building and Landscape Materials Sales -Outdoor. See "Storage -Yard, Outdoor"
Business Support Service. An establishment within a building that provides services to other businesses. Examples of these
services include:
blueprinting film processing and photo finishing (retail)
computer related services (rental, repair) protective services
copying and quick printing services security systems service
10-2 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
C. Definitions, "C."
Catering. A business that prepares and delivers food for consumption on the premises of a client. Does not include mobile food
vendors.
Child Care Center. A child day care facility (other than a family day care home) as defined in Government Code Section 65915,
subdivision (h), paragraph (4) and successor statuses including, but not limited to, infant centers, preschools, extended day care
facilities and school age child care centers that provides non-medical care and supervision for minor children for periods of less
than 24 hours and is licensed by the California State Department of Social Services. Excludes "Child Day Care," below.
Child Day Care. Facilities that provide care, protection and supervision of children, in the care giver's home, for periods of less
than 24 hours per day, while the parents or authorized representatives are away. These facilities include the following, all of which
are required to be licensed by the State of California Department of Social Services.
Large Family. A home that provides family child care for up to 12 children, or for up to 14 children. These
capacities include children under age 10 who live in the licensee's home and the assistant provider's
children under age 10. A large family day care home is required to comply with the requirements of Section
7.060.
2. Small Family. A home that provides family child care for up to six children, or for up to eight children.
These capacities include children under age 10 who live in the licensee's home.
Combining District. Special regulations to be invoked where appropriate or necessary in addition to basic district regulations.
Commercial Recreation - Indoor. Establishments providing indoor amusement and entertainment services for a fee or admission
charge, including:
bowling alleys electronic game arcades (video games, pinball, etc.)
coin-operated amusement arcades ice skating and roller skating
dance halls, clubs and ballrooms pool and billiard rooms as primary uses
This use does not include adult oriented businesses, which are separately defined. Four or more electronic games or coin-operated
amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices,
are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate
from the primary use of the site.
Commercial Recreation - Outdoor. Facilities for various outdoor recreational activities, where a fee is charged for use. Examples
include:
amusement and theme parks miniature golf courses
go-cart tracks water slides
golf driving ranges
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars
and restaurants, video game arcades, etc.
Ordinance No. 2300 N.C.S. 10-3
Community Meeting Facility. A multi-purpose meeting and/or recreational facility typically consisting of one or more meeting or
multi-purpose rooms, which may also include kitchen and/or outdoor cooking or eating facilities, that area available for use by
various groups for such activities as meetings, parties, receptions, dances, etc. Community meeting facilities include community
center and the following.
1. Club, Lodge, Private Meeting Hall. Permanent, headquarters -type and meeting facilities for organizations
operating on a membership basis for the promotion of the interests of the members, including facilities for:
business associations political organizations
civic, social and fraternal organizations professional membership organizations
labor unions and similar organizations other membership organizations
2. Religious Facility. A facility operated by a religious organization to provide a place for worship, or the
promotion of religious activities. This use includes: churches, mosques, synagogues, temples, etc., and
their accessory uses on the same site, such as living quarters for staff, fund-raising sales, bazaars, dinners,
parties, or other outdoor events on the same site. Other uses defined in the Implementing Zoning
Ordinance and identified in Tables 4.1 through 4.5, which may be maintained by religious organizations,
such as full-time educational institutions, hospitals, or recreational camps, shall be permitted as set forth
in Tables 4.1 through 4.5 of the Implementing Zoning Ordinance.
Conference/Convention Facility. One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and
related support facilities (e.g., kitchens, offices, etc.).
Coverage. The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, patios and
terraces.
Crop Production, Horticulture, Orchard, Vineyard. Commercial agricultural production field and orchard uses, including the
production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting
in the soil on the site:
flowers and seeds
ornamental crops
tree nuts
field crops
trees and sod
melons
vegetables
grains
wine and table grapes
fruits
Also includes associated crop preparation services and harvesting activities: mechanical soil preparation; irrigation system
construction; spraying. May also include the sale of products grown on site. Does not include greenhouses which are instead
defined under "Plant Nursery" or containerized crop production, which is instead defined under "Plant Nursery."
D. Definitions, M."
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 which 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.
10-4 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
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 an ex+ single-
family stw4weresidence 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.
Ordinance No. 2300 N.C.S. 10-5
E. Definitions, "E."
Emergency Shelter. Emergency shelter means housing with minimal supportive services for homeless persons that is limited to
occupancy of six months or less by a homeless person.
F. Definitions, "F."
Farm Animal Keeping. Raising of livestock and poultry, dairying, or animal husbandry.
Fence. A device or portion thereof designed to separate or screen property areas and not to carry super -imposed load.
Fitness/ Health Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna,
spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Does
not include adult entertainment businesses.
Floor area, Gross. The entire area within the walls of a building, measured in a horizontal plane from the outside edge of exterior
wall to exterior wall, in square feet.
Floor Area Ratio. The gross floor area of all buildings on a lot divided by the building site area (see exhibit below).
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Fueling Station/Gas Station. A retail business selling gasoline and/or other motor vehicle fuels, and related products. A gas
station may also include a convenience store, vehicle services, and restaurant facilities.
Furniture/Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood and metal household furniture and appliances;
bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store
furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re -upholstering businesses, wood
and cabinet shops, but not sawmills or planing mills, which are instead included under "Manufacturing - Heavy."
G. Definitions, "G."
Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies
with the provisions of Section 11.070(1) (Parking Stall Size).
A garage is a completely enclosed attached or detached accessory structure with an operational door
10-6 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
A carport is an attached or detached accessory structure enclosed on no more than two sides.
A garage or carport complies with the requirements of this Zoning Code for "covered" parking spaces.
Garage Sale. A sale of articles belonging to one or more households, held for a period not to exceed three consecutive days, at a
frequency not to exceed once every two months at any single location.
General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include,
but are not limited to:
antique stores
art galleries, retail
artists' supplies
jewelry
auto parts sales
bicycles
books, magazines, and newspapers
building and landscape materials indoor
cameras and photographic supplies
clothing, shoes, and accessories
drug stores and pharmacies
furniture, furnishings, and appliances
toys and games
musical instruments, parts and accessories
second hand stores
specialty shops
sporting goods and equipment
department stores
wine shops
convenience stores
Golf Course, Country Club. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker
and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grade, Finish. The ground surface immediately adjacent to the exterior base of a structure.
Grade, Natural or Existing. The contour of the ground surface before grading.
Groceries, Specialty Foods. A retail business where the majority of the floor area open to the public is occupied by food products
packaged for preparation and consumption away from the store.
Guest House. A detached living quarters of permanent construction, without kitchen or cooking facilities, clearly subordinate and
incidental to the main building on the same lot, and intended for use by occasional guests of the occupants of the main building.
H. Definitions, "H."
Home Occupation. A commercial activity conducted in a dwelling located in a Residential, Mixed Use, or Commercial zoning
district, which is clearly incidental and secondary to the use of the dwelling for residential purposes and in accordance with the
provisions of Section 7.050.
Hotel or Motel. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient
lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal
services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory
retail uses, etc.
Household. A person or group of people who live together in a single dwelling unit, but not including the renting of rooms.
Ordinance No. 2300 N.C.S. 10-7
No definitions beginning with "I"
No definitions beginning with "J"
I. Definitions, "U'
J. Definitions, "J."
K. Definitions, "K."
Kennel, Animal Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of four or more dogs (four
months of age or older), or four dogs or cats for sale in pet shops or patients in animal hospitals. See also "Veterinary Clinic, Animal
Hospital."
Kitchen. A room or space within a building used or intended to be used for cooking or preparation of food, which included any of
the following: stove, oven, range top.
L. Definitions, "L."
Laboratory - Medical, Analytical, Testing. A facility for testing, analysis, and/or research. Examples of this use include medical
labs, soils and materials testing labs, and forensic labs.
Laboratory — Cannabis. Testing laboratories that offer or perform testing of cannabis or cannabis products in accordance with
Petaluma Municipal Code sections 10. 15.020 and 10.15.040, and the current City of Petaluma Cannabis Permit Regulations.
Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including:
carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These
facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning
pick-up stores without dry cleaning equipment; see "Personal Services."
Library, Museum, Art Gallery. A public or quasi -public facility, examples of which include: aquariums, arboretums, art galleries
and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include
accessory retail uses such as a gift/book shop, restaurant, etc.
Lot or Parcel. A recorded lot or parcel of real property lawfully created as required by applicable Subdivision Map Act and City
ordinance requirements, including this Zoning Ordinance. Types of lots include the following:
Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not
more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is an interior lot.
Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip.
Interior Lot. A lot abutting only one street.
Reverse Corner Lot. A corner lot the side line of which is substantially a continuation of the front property line of the
first lot to its rear.
Double Frontage Lot. An interior lot with frontage on two generally parallel streets.
Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way.
Net lot area is the gross area of the lot, exclusive of:
1. Easements for streets or driveways that are not for the exclusive use of the lot on which the easement is located:
2. The access strip required to serve a flag lot.
10-8 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
Lot, Depth. The average linear (or mean horizontal) distance between the front and rear lot line lines or between the front lot line
and the intersection of the two side lot lines if there is no rear not line.
Lot Frontage. The property line of a site abutting a street, other than the street side line of a corner lot.
Lot, Width. The horizontal distance between the side lot lines.
Lot Line or Property Line. Any recorded boundary of a lot. The types of lot lines are as follows:
Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front line on a corner lot
is the line with the shortest frontage. If the street fronting lot lines of a corner lot are equal in length, the front lot line
shall be determined by the Director. On a double frontage lot, both lot lines are front lot lines and the lot is considered
to have no rear lot line.
Interior Lot Line. Any lot line not abutting a street that is not a rear lot line.
Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely
parallel to the front lot line.
Side Lot Line. Any lot line that is not a front or a rear lot line.
Street Side Lot Line. On a corner lot, the lot line with the longest frontage.
M. Definitions, "M."
Maintenance/Repair Service - Client Site Services. Base facilities for various businesses that provide services on the premises
of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and
maintenance/repair services for appliances, computers, electronics, elevators, equipment, HVAC, instrument, where the service is
provided on the client site.
Maintenance/Repair Service - Equipment, Appliances. A business that provides repair and/or maintenance services for
appliances, computers, electronics, and other types of non -vehicular related equipment that is brought to the facility by the client.
These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired.
When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead
considered part of the retail use.
Manufactured/Mobile Home. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet
or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall
include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which
the manufacturer voluntarily files a certification and complies with the standards established under this part. California Health and
Safety Code Section 18007.
Manufacturing — Cannabis. Businesses that manufacture and sell topical or edible cannabis products using cannabis infusions,
infusion processes, or cannabis concentrates only business to business (non -retail) in accordance with Petaluma Municipal Code
section 10.15.040 and the current City of Petaluma Commercial Cannabis Permit Regulations. Excludes manufacturing of cannabis
products involving volatile solvents, and repackaging cannabis or cannabis products or re -labeling cannabis or cannabis product
containers.
Manufacturing/Processing - Light. A facility accommodating manufacturing processes and establishments engaged in the
assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of
the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the
community. Examples of light manufacturing uses include, but are not limited to, the following:
Ordinance No. 2300 N.C.S. 10-9
clothing and fabric product manufacturing metal products fabrication, machine and welding shops
electronics, equipment, and appliance manufacturing paper product manufacturing
food and beverage product manufacturing
Manufacturing/Processing - Medium Intensity. A facility accommodating manufacturing processes that involve and/or produce
building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of
operations is greater than those classified under "Manufacturing - Light," but where impacts on surrounding land uses or the
community can typically be mitigated to acceptable levels. Examples of medium intensity manufacturing uses include, but are not
limited to, the following:
lumber and wood product manufacturing stone and cut stone product manufacturing
machinery manufacturing structural clay and pottery product manufacturing
motor vehicles and transportation equipment
Manufacturing/Processing - Heavy Intensity. A facility accommodating processes that involve and/or produce basic metals,
building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment where the
intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community.
Meals Assembly. A facility that provides a location for clients to assemble meals from ingredients and take them offsite for cooking
and consumption. Meals may also be assembled onsite for clients to pickup at the facility. No eating facilities are provided.
Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.
Medical Service - Health Care Facility. A facility, place, or building that is maintained and operated to provide medical care.
Includes nursing homes, intermediate care facilities, medical clinics, and home health agencies, all of which are licensed by the
California State Department of Health Services, and defined in Health and Safety Code Section 1200 et seq.
Medical Service - Minor. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal
health care services are provided on an outpatient basis. Includes medical offices (for example offices for chiropractors, dentists,
medical doctors, optometrists, prescription opticians, psychologists/psychiatrists, etc.), outpatient facilities which may include
surgery, urgent care facilities, dental laboratories, and medical laboratories. May include massage therapy and acupuncture when
not part of a personal service or spa establishment.
Medical Service - Major. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical
treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds,
and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory
retail uses and emergency heliports (see the separate definition of "Accessory Retail Uses").
Mobile Home, RV, and Boat Sales. Retail establishments selling both mobile home dwelling units, and/or various vehicles and
watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes,
and travel trailers.
Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, funeral services may
be conducted.
N. Definitions, "N."
Night Club. A facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include
live music and/or dancing, comedy, etc. (also see "Bar/Tavern").
10-10 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
O. Definitions, "O."
Office. This Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Service
- Minor").
1. Accessory. An office facility incidental and accessory to another business or sales activity that is the primary
use. These are permitted accessory to any other use allowed in all zones established by this code.
Government. An administrative, clerical, or public contact and/or service office of a local, state, or federal
government agency. Includes post offices, but not bulk mailing distribution centers, which are under "Truck or
Freight Terminal."
4. High Employee. An office -type facility characterized by high employee concentration, and occupied by
businesses engaged in information processing. Examples of these uses include, but are not limited to:
airline, lodging chain, and rental car company reservation centers
consumer credit reporting
data processing services
health management organization (HMO) offices where no medical services are provided
insurance claim processing
mail order and electronic commerce transaction processing
telemarketing
5. Professional/Administrative. An office -type facility occupied by businesses that provide direct professional
services and/or is engaged in the production of intellectual property. Examples of these uses include, but are
not limited to:
accounting, auditing and bookkeeping services financial management and investment counseling
advertising agencies single or small group psychologists/psychiatrists/counselors
attorneys management and public relations services
commercial art and design services media production services
construction contractors (office facilities only) design services including architecture, engineering,
photographers and photography studios landscape architecture, urban planning
court reporting services educational, scientific and research organizations
One Foot Lambert. Equals brightness equivalent to one lumen per square foot reflected from a surface. One lumen per square
foot is equal to a square foot illuminated evenly by one foot candle at any point.
Outdoor Advertising Structure. Any device which is used or designed so that it may be used to direct attention to a business,
profession, commodity, service, or entertainment, conducted, sold, or offered elsewhere than upon the lot where such sign is
located.
Ordinance No. 2300 N.C.S. 10-11
P. Definitions, "P."
Park. City owned land whose primary purpose is recreation, includes, but is not limited to, playfields and courts, swimming pools,
recreational facilities, community gardens, playgrounds, trails, and nature preserves.
Parking Facility, Public or Commercial. Includes both day use and long-term public and commercial garages, parking lots and
structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-
street parking required by the Zoning Code). Also include "park and ride" lots. Does not include dismantling yards.
Performance Standards. Regulations for the control of "dangerous or objectionable elements" as defined in Article XX.
Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses
include:
barber and beauty shops
clothing rental
dry cleaning pick-up stores with limited equipment
home electronics and small appliance repair
laundromats (self service laundries)
locksmiths
massage (licensed, therapeutic, non -sexual)
pet grooming with no boarding
shoe repair shops
tailors
tanning salons
These uses may also include accessory retail sales of products related to the services provided.
Personal Services - Restricted. Personal services that may tend to have a potentially offensive effect upon surrounding areas
and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:
check cashing stores
fortune tellers
palm and card readers
psychics
soup kitchens
spas and hot tubs for hourly rental
tattoo and body piercing services
Petroleum Product Storage and Distribution. A facility for the bulk storage and wholesale distribution of gasoline, diesel fuel,
and/or other fuels and petroleum products.
Plant Nursery. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery
products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of
ornamental plants in the soil on the site is instead included under "Crop Production, Horticulture, Orchard, Vineyard." Also includes
establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial -scale greenhouses.
The sale of house plants or other nursery products entirely within a building is also included under "General Retail."
Printing and Publishing. A small scale establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or
electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving,
photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals;
establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of
"Business Support Services."
Public Safety Facility. A facility operated by a public agency including fire stations, other fire prevention and fire fighting facilities,
police and sheriff substations and headquarters, including interim incarceration facilities.
Q. Definitions, "W'
No definitions beginning with "Cl"
10-12 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
R. Definitions, "R."
Recreational Vehicle. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for
human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria: (1) It contains less than
320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets,
kitchen units or fixtures, and bath or toilet rooms. (2) It contains 400 square feet or less of gross area measured at maximum
horizontal projections. (3) It is built on a single chassis. (4) It is either self-propelled, truck -mounted, or permanently towable on the
highways without a permit. Also includes a "park trailer" as defined by California Health & Safety Code 18009.3. California Health
& Safety Code, Section 18010.
Recycling Facility. This land use type includes a variety of facilities involved with the collection, sorting and processing of
recyclable materials. Recyclable materials include reusable domestic containers and other materials which can be reconstituted,
re -manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include
refuse or hazardous materials.
Research and Development (R&D). A facility for scientific research, and the design, development and testing components in
advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing
activity is secondary to the research and development activities.
Residential Facilities, Adult (ARF). Facilities of any capacity that provide 24-hour non-medical care for adults ages 18 through
59, who are unable to provide for their own daily needs. Adults may be physically handicapped, developmentally disabled, and/or
mentally disabled.
Residential Care Facilities for the Chronically III (RCFCI). Facilities with a maximum licensed capacity of 25. Care and
supervision is provided to adults who have Acquired Immune Deficiency Syndrome (AIDS) or the Human Immunodeficiency Virus
(HIV).
Residential Care Facilities for the Elderly (RCFE). Provide care, supervision and assistance with activities of daily living, such
as bathing and grooming. They may also provide incidental medical services under special care plans.
The facilities provide services to persons 60 years of age and over and persons under 60 with compatible needs. RCFEs may also
be known as assisted living facilities, retirement homes and board and care homes. The facilities can range in size from six beds or
less to over 100 beds. The residents in these facilities require varying levels of personal care and protective supervision. Because
of the wide range of services offered by RCFEs, consumers should look closely at the programs of each facility to see if the services
will meet their needs.
Restaurant, Cafe, Coffee Shop. A retail business selling ready -to -eat food and/or beverages for on- or off -premise consumption.
These include eating establishments where customers are served from an ordering counter for either on- or off -premise consumption
("counter service"); establishments where customers are served food at their tables for on -premise consumption ("table service"),
which may also provide food for take-out; and exclusively pedestrian -oriented facilities that serve from a walk-up ordering counter.
This use does not include a mobile food vendor.
Retail Sale and Deliver — Cannabis. Businesses that sell cannabis and cannabis products using a delivery -only method at a
maximum of two different locations in the City, with no sale of cannabis or cannabis products to customers, primary care givers or
qualified patients permitted at the business location at any time and no signage at the business location or on the delivery vehicles
indicating the presence of cannabis or cannabis products or that the seller sells cannabis or cannabis products in accordance with
Petaluma Municipal Code sections 10.15.040 and 10.15.060, and the current City of Petaluma Commercial Cannabis Permit
Regulations.
Retaining Wall. Any wall erected to hold back or support a bank of earth.
Rooming or Boarding, Accessory. A portion of a dwelling where lodging and boarding are provided for no more than 3 persons
for a period of 30 days or longer.
Ordinance No. 2300 N.C.S. 10-13
Rooming, Lodging or Boarding House. A dwelling or part of a dwelling where lodging is furnished for compensation to three or
more persons living independently from each other for a period of 30 days or longer. Meals may also be included.
S. Definitions, "S."
School. A private academic educational institution, including:
boarding school high school
community college, college, or university military academy
elementary, middle and junior high schools
School — Specialized Education and Training. A private academic educational institution, providing specialized
education/training. Examples include the following:
art school
ballet and other dance school
business, secretarial and vocational
computers and electronics school
drama school
driver education school
establishments providing courses by mail
language school
music school
professional school (law, medicine, etc.)
seminaries/religious ministry training facility
Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development,
such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day
care facilities (see "Child Day Care Facilities"). See also the definition of "Studios - Art, Dance, Martial Arts, Music, etc." for smaller -
scale facilities offering specialized instruction.
Scrap and Dismantling Yard. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary
storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling
automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing
facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within
buildings; secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.
Short -Term Vacation Rental. A dwelling, part of a dwelling, or dwelling as an accessory or secondary unit furnished for
compensation for a period of less than 30 days. Meals may also be included. Does not include room rental for 30 days or more,
which is separately defined (see "Rooming, Lodging, or Boarding House").
Setback. The required distance by which a structure, parking area, or other development feature must be separated from a property
line, other structure, development feature (e.g. back of sidewalk, or curb) or street center line.
Setback, Front. The required area extending across the full width of a site measured from the front property line,
street plan line, or access easement to the primary structure. The depth of the front setback is measured as the
minimum horizontal distance between the front property line, street plan line, or access easement and a line parallel
thereto with the required minimum distance determined by the development standards for the applicable zoning
district.
Setback, Rear. The required area extending across the full width of a site measured from the rear lot line and a
structure. The depth of a rear setback is measured as the minimum horizontal distance between the rear property
line and a line parallel thereto with the required minimum distance determined by the development standards for the
applicable zoning district.
Setback, Side. The required area extending from the front property line, street plan line, or access easement to the
rear property line. The width of a side setback is the minimum horizontal distance between an interior side property
line and a line parallel thereto with the required minimum distance determined by the development standards for the
applicable zoning district.
10-14 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
Setback, Street Side. The required area extending from the front property line, street plan line, or access easement
to the rear property line. The width of a street side setback is the minimum horizontal distance between the street
side property line and a line parallel thereto with the required minimum distance determined by the development
standards for the applicable zoning district for a corner or reverse corner lot.
Sports and Entertainment Assembly Facility. A large-scale indoor or outdoor facility accommodating spectator -oriented sports,
concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums.
May also include commercial facilities customarily associated with the above uses, including bars and restaurants, gift shops, video
game arcades, etc.
Storage- Warehouse, Indoor Storage. Facilities for the storage of commercial goods of any nature. Includes cold storage. Does
not include storage or mini -storage facilities offered for rent or lease to the general public. (see also "Wholesaling and Distribution"
and "Truck or Freight Terminal').
Storage- Outdoor Storage Yard. The open storage of various materials outside of a structure other then fencing, either as an
accessory or principal use.
Street. A public or private right-of-way which provides a public means of access to abutting property. The term "street' shall include
avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term, but not alley. The term shall
include the total width of the dedicated right-of-way.
Structure. Anything constructed or erected which requires location on the ground or which is attached to something having location
on the ground, excluding vehicles designed and used only for the transportation of people or goods, a swimming pool or spa, a
fence, or a wall used as a fence.
Structure, Accessory. A building or structure normally subordinate, and the use of which is incidental, to the primary use of the
site.
Structure, Accessory Detached. An accessory building or structure with a minimum separation from a primary structure or building
of at least three feet. For purposes of measurement, roof eaves and overhangs, bays, balconies, and other projections shall be
considered points of reference. For the purposes of this code, any structure not meeting the separation requirement is considered
attached to the primary structure and is subject to the development standards for the primary structure.
Studio - Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically accommodating one group of students at a time, in
no more than one instructional space. Larger facilities are included under the definition of "Schools - Specialized education and
training." Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal;
photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios;
gymnastics, yoga and similar instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the Target Population, and that is linked to an
onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only
to those restrictions that apply to other residential uses of the same type in the same zone.
Swimming Pool. A pool, pond, land, or open tank intended for swimming or recreational bathing that contains water over 18 inches
deep. "Swimming pool' includes in -ground and above ground pools, hot tubs and spas and portable spas and non-portable wading
pools.
T. Definitions, "T."
Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance
abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include,
Ordinance No. 2300 N.C.S. 10-15
among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster
care system, individuals exiting from institutional settings, veterans, and homeless people.
Telecommunication Facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave
dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar
structures supporting said equipment, equipment buildings, parking area, and other accessory development. Telecommunications
facilities are further classified by type (i.e., exempt, mini, minor and major) in Chapter 14.44 of the Petaluma Municipal Code. (Ord.
2039 N.C.S., 11/96)
Theater, cinema or performing arts. An indoor facility for public assembly and group entertainment, other than sporting events.
Examples of these facilities include:
civic theaters, and facilities for"live" theater and concerts
movie theaters
similar public assembly facilities
See also "Sports and Entertainment Assembly."
Theater, Movie. See Ordinance 2158 prohibiting movies outside of Theater Combining District until 8/4/23
Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require
the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future
point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use
subject to only those restrictions that apply to other residential uses of the same type in the same zone.
10-16 Ordinance No. 2300 N.C.S.
ATTACHMENT 10
U. Definitions, "U."
Utility Facility. A permanent structure or facility serving as a junction point for transferring a utility services product from
transmission lines to local distribution and service lines, whether for electricity, natural gas, or domestic water supply. These uses
include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
corporation and maintenance yards public water system wells, treatment plants and storage
electrical substations and switching stations wastewater treatment plants, settling ponds, and disposal
natural gas regulating and distribution facilities fields
These uses do not include office or customer service centers, which are classified in "Offices"; or transmission, switching,
distribution, or service facilities for telephone or other telecommunications services, which are instead classified in
"Telecommunications Facilities."
Usable Open Space. Includes the aggregate area of side and rear yards, patios, and balconies and decks having a depth of not
less than three (3) feet and area not less than 30 square feet, on a building site or building, which is available and accessible to the
occupants of the building or building site for purposes of active and/or passive outdoor recreation. This area is exclusive of
driveways, areas for off-street parking and services, and ground level areas with a width of less than five (5) feet or maximum
dimension of under ten (10) feet. At least seventy-five (75%) percent of the usable open space shall have a slope of ten (10%)
percent or less.
Use, Accessory. A use customarily incidental to, related and clearly subordinate to a primary use on the same parcel, which does
not alter the primary use nor serve property other than the parcel where the primary use is located. See also "Primary Use."
Use, Conditional. A use of a site for which application for and approval of a Conditional Use Permit is required.
Use, Permitted. For the purpose of this ordinance, a permitted use in any district shall include any use listed as a Permitted
Principal Use or Accessory Use.
Use, Primary. The main purpose for which a site is developed or occupied, including the activities that are conducted on the site
a majority of the hours during which the activities occur.
Use, Temporary. A use of land that is designed operated and occupies a site for a limited period of time, typically less than 12
consecutive months.
V. Definitions, N."
Vehicle Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks,
recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts
as an accessory use. This use includes the following categories.
1. Major Repair/Body Work. These establishments include towing, collision repair, other body work, and painting
services; tire recapping.
Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Examples
include: attended and self-service car washes; car stereo and alarm installers; detailing services; muffler and
radiator shops; quick -lube services; tire and battery sales and installation (not including recapping).
Does not include automobile parking (see "Parking Facilities"), repair shops that are part of a vehicle dealership on the
same site (see "Auto and Vehicle Sales and Rental," and "Mobile Home, RV, and Boat Sales and Rental'); gas stations,
which are separately defined; or dismantling yards, which are included under 'Recycling - Scrap and Dismantling
Yards."
Vehicle Storage. A service facility for the long-term storage of operative cars, trucks, buses, recreational vehicles, and other motor
vehicles, for clients. Does not include dismantling yards (classified in 'Recycling - Scrap and Dismantling Yards").
Ordinance No. 2300 N.C.S. 10-17
Veterinary Clinic, Animal Hospital. Office and indoor medical treatment facilities used by veterinarians, including large and small
animal veterinary clinics, and animal hospitals.
Vision Triangle. The triangular area formed by the intersection of the extension of the curb lines and a line connecting them at
points thirty-five (35) feet from the intersection of the extended curb lines.
W. Definitions, "W."
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial,
institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or
selling merchandise to such persons or companies. May also include distribution of products direct to customers from online sales.
Examples of these include, but are not limited to:
agents, merchandise or commodity brokers, and commission merchants
assemblers, buyers and associations engaged in the cooperative marketing of farm products
merchant wholesalers
stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment
ecommerce facilities
No definitions beginning with "X"
X. Definitions, "X."
Y. Definitions, "Y."
Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward.
Z. Definitions, "Z."
Zoning. The act of regulating the use of land and the size of and location of buildings on the land, such regulations are designed
to assure the health, safety and general welfare of a community.
Zoning District. Any of the residential, commercial, public, or overlay districts established by Article XX of this Zoning Code (Zoning
Districts, Allowable Land Uses and Permit Requirements), within which certain land uses are allowed or prohibited, and certain site
planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).
Zoning Map. The Zoning Map or Maps of the City of Petaluma, California together with all amendments subsequently adopted.
10-18 Ordinance No. 2300 N.C.S.