Honorable Mayor and Members of the City Council through City Manager

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1 i p' Lr, 2858 DATE: May 21, 2018 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, lanning Manager"- SUBJECT: Introduction ( first reading) of an Ordinance Amending the Text of the Implementing Zoning Ordinance to modify Chapters 4, 11, 21, 25, and 28. RECOMMENDATION It is recommended that the City Council introduce an Ordinance Amending the Text of the Implementing Zoning Ordinance, to Modify Chapters 4, 11, 21, 25, and 28. BACKGROUND Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance, Ordinance 2300 N. C. S. ( IZO) and the California Government Code Section Chapter 25 provides that the lanning Commission may recommend zoning text amendments for approval to the City Council based on findings that the proposed amendments are in conformance with the City' s General lan and consistent with the public necessity, convenience and general welfare. The lanning Commission considered this package of amendments at a duly noticed public hearing on February 27, 2018 and unanimously approved Resolution No recommending City Council adopt the amendments. There were no public speakers at the lanning Commission meeting. The lanning Commission recommended adoption as presented by staff with one modification in Chapter 28 as described below and as incorporated into the draft ordinance before the City Council. DISCUSSION The proposed zoning text amendments either update requirements to better respond to current trends or correct errors in the existing IZO. The proposed amendments include changes to the following chapters: Chapter 4 ( Zoning Districts and Allowable Land Uses). roposed changes make multi- family residential a conditionally permitted use in the MU1B zoning district and eliminates parcel specific limitation on allowing residential in a mixed use building in the MU1B zoning district. Additionally, a proposed change to Table 4. 4 would allow warehouse/ indoor storage as a conditionally permitted use in the Business ark zoning district. age 1

2 Chapter 11 ( Off -Street arking). The primary change proposed is to modify the required onsite parking requirement for industrial uses to be based on floor area. Chapter 21 ( erformance Standards). A small change is proposed to correct the reference to the regulatory agency. Chapter 25 ( Amendments). roposed revisions restate required findings for approval of a zoning amendment that had previously been eliminated. Chapter 28 ( Glossary). roposed updates to expand and clarify several land use definitions, including Artisan/ Craft roduct Manufacturing, Office, and Wholesale and Distribution. These amendments are Attachment 2). discussed in greater detail in the lanning Commission staff report On February 27, 2018, the lamling Commission considered the proposed Zoning Text Amendments and, after closing the public hearing, voted unanimously to forward an approval recommendation to City Council. The lanning Commission requested one modification from the recommendation presented by staff: maintain individual or small psychologist/ counseling offices in " Office, rofessional/ Administrative" while larger concentrations of mental health professionals such as the mental health division of Kaiser or similar would fall under the definition of " Medical Service Minor". This modification has been incorporated into the changes for Council consideration. The resolution and staff report for the lanning Commission included at Attachment 2 and 3. meeting are The proposed zoning text amendments are exempt from the California Environmental Quality Act CEQA) pursuant to CEQA Guidelines Section 15061( b)( 3) and Section 15061( b)( 3), General Rule, of the CEQA Guidelines is applicable as there is no possibility that the activity may have a significant impact on the environment. Section of the CEQA Guidelines provides an exemption for projects that are consistent with the General lan. The subject zoning text amendments are minor modifications to existing regulations that only apply to specific locations and uses as governed by the IZO, consistent with the General lan. ublic notice was published in an eighth page ad in the Argus Courier on May 10, No specific public comment has been received in response to this public notice as of preparation of this report. Similarly, notice of the February 27"' lanning Commission meeting was published in an eighth page ad in the Argus Courier on January 25, 2018 and no public comments were received prior to the lanning Commission meeting. No members from the public provided public comment on this item at the February 27"' lanning Commission hearing. FINANCIAL IMACTS reparation of this agenda report was completed by the lamling Division as Base Level Hours with the fee for services agreement between M -Group and the City of etaluma with no additional cost to the General Fund. age 2

3 ATTACHMENTS 1. Ordinance introducing Zoning Text Amendments to IZO Chapters 4, 11, 21, 25, 28 Exhibit A: Chapter 4, Tables 4. 1, 4. 2, 4. 3, 4. 4, and 4. 5 Exhibit B: Chapter 11, Table lanning Commission Staff Report, February 27, lanning Commission Resolution No age 3

4 ATTACHMENT 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ETALUMA AMENDING THE TEXT OF THE IMLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N. C. S., TO MODIFY CHATER 4 ( ZONING DISTRICTS AND ALLOWABLE USES), CHATER 11 ( OFF STREET ARKING), CHATER 21 ( ERFORMANCE STANDARDS), CHATER 25 ( AMENDMENTS), AND CHATER 28 ( GLOSSARY) WHEREAS, Section of the City of etaluma Implementing Zoning Ordinance IZO) provides in pertinent part that no amendment that regulates matters listed in Government Section 65850, which matters include the use and construction of buildings and structures, shall be made to the IZO unless the lanning Commission and City Council find the amendments to be in conformity with the General lan and consistent with the public necessity, convenience, and general welfare in accordance with Section ( B) of the IZO; and WHEREAS, the text amendments contained in Exhibit A to this ordinance modify the City' s IZO, Chapter 4 ( Zoning Districts and Allowable Uses), Chapter 11 ( Off Street arking), Chapter 21 ( erformance Standards), Chapter 25 ( Amendments), and Chapter 28 ( Glossary); and WHEREAS, the text amendments contained in Exhibit A would provide clarification and minor updates common to address changing trends in land use and construction and to more effectively use the zoning code to implement City policy as adopted in the etaluma General lan; and WHEREAS, on January 25, 2018 public notice of the February 13, 2018 lanning Commission meeting to consider the amendments was published in the Argus Courier as an eighth page ad; and WHEREAS, at the February 13, 2018 lanning Commission meeting, the item was continued to a date certain of February 27, 2018; and WHEREAS, on February 27, 2018, the lanning Commission held a duly noticed public hearing in accordance with Chapter 25 of the IZO to consider the amendments; and WHEREAS, after the conclusion of said public hearing, the lanning Commission adopted Resolution No , recommending the City Council adopt the amendments; and WHEREAS, on May 10, 2018, the public notice of the May 21, 2018 public hearing before the City Council to consider the amendments was published in the Argus Courier; and WHEREAS, on May 21, 2018, the City Council of the City of etaluma held a duly noticed public hearing to consider the amendments; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ETALUMA AS FOLLOWS: Sectionl: Findings. The City Council of the City of etaluma hereby finds: The text amendments contained in Exhibit A to this resolution, which exhibit is hereby made a part of this resolution, are exempt from CEQA pursuant to

5 ATTACHMENT 1 Sections 15061( b)( 3) and in that the proposed text amendments are minor modifications to existing regulations that will only apply to specific locations and uses as governed by the IZO. 2. In accordance with Sections and ( B) of the City' s I ZO, Ordinance No N. C. S.,, the proposed amendments to the IZO as contained in Exhibit A are in general conformity with the etaluma General lan 2025 in that these amendments do not change the general character or impacts of current zoning regulations and implement policies of the General lan as outlined in the February 27, 2108 lanning Commission staff report. In accordance with Section ( B) of the IZO, the proposed amendments are consistent with the public necessity, convenience, and welfare in that they update and clarify existing regulations, provide greater flexibility in assigning designations to current land uses, and remove identified obstacles to the implementation General lan. of the zoning code, which implements the policies of the Section 2: 1) Tables 4. 1, 4. 2, 4. 3, 4. 4, and 4. 5 in Chapter 4 are amended in accordance with Exhibit A. 2) of Ordinance No NCS is hereby amended to read as follows: Number of Automobile arking Spaces Required The number of automobile parking spaces required shall be determined as indicated in Table ) Table is amended in accordance with Exhibit B. 4) ( H) of Ordinance No NCS is hereby amended to read as follows: H. Smoke, Fumes, Gases, Dust, articulate Matter. No emission shall be permitted at any point which would violate the current regulation for such emission as established by the Bay Area Air Quality Management District, 5) of Ordinance 2300 NCS is hereby amended to read as follows: Findings by City Council In order to amend the ordinance, the City Council shall find the following: A. That the proposed amendment is in general conformity with the etaluma General lan and any applicable plans; and B. That the public necessity, convenience, and general welfare require or clearly permit the adoption of the proposed amendment. 6) The following definitions in Chapter 28 are changed: 1_ 2

6 ATTACHMENT 1 Artisan/ Craft roduct Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including but not limiting to jewelry, pottery, ceramics, small glass and metal art, and craft products. May also include small scale artisanal food and beverage product manufacturing. 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 drug stores and pharmacies art galleries, retail furniture, furnishings, and appliances artists' supplies toys and games jewelry musical instruments, parts and accessories auto parts sales second hand stores bicycles specialty shops books, magazines, and newspapers sporting goods and equipment building and landscape materials indoor department stores cameras and photographic supplies wine shops clothing, shoes, and accessories convenience stores Manufacturing/ rocessing - 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: 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/ rocessing - 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 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. 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. 2. 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."

7 ATTACHMENT 1 3. High Employee. An office -type facility characterized by a high employee concentration, and occupied by businesses engaged in information processing. Examples of these uses include: 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 4. rofessional/ 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 attorneys agencies single or small group psychologists/ psychiatrists/ counselors management and public relations services commercial art and design services construction contractors ( office facilities only) photographers and photography studios media production services design services including architecture, engineering landscape architecture, urban planning court reporting services educational, scientific and research organizations 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 G) The definition for Business Services is deleted, the subsequent definitions are renumbered in accordance with that change. Section 4. Except as amended herein, the City of etaluma Implementing Zoning Ordinance, Ordinance No N.C. S. remains unchanged and in full force and effect. Section 5. 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 f this ordinance. The City Council of the City of etaluma 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. I - q

8 ATTACHMENT 1 Section 6. Effective Date. This ordinance shall become effective thirty ( 30) days after the date of its adoption by the etaluma City Council. Section 7. osting/ ublishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in a manner provided by the City Charter and other applicable law.

9 ATTACHMENT 1: Exhibit A Natural and Rural Zones TABLE 4.1 Allowed Land Uses and ermit Requirements for Natural and Rural Zones ( 16) ermitted Use CUConditional Use ermit Required S ermit Requirement in Specific Use Regulations A Accessory U se Use NotAllowed LAND USE 'TYE ( 1) AGRICULTURAL & RESOURCE USES ermit Required by Zone OS' AG RR ; R1 Specific Use Regulations Crop production, horticulture, orchard, vineyard Farm animal keeping LODGING Lodging - Short -Term Vacation Rentals ( 157) ( 157) Section Lodging - Bed & Breakfast Inn ( B& B) CU Section RECREATION, EDUCATION & UBLIC ASSEMBLY Community Meeting Facility CU CU CU Commercial recreation - Indoor Commercial recreation - Outdoor Golf course, country club CU ark School - Elementary, secondary, or college, private C U C U C U RESIDENTIAL Dwelling, Accessory A, S A, S A, S Section Dwelling, Junior Accessory A, S A, S A, S Section Dwelling, Caretaker Dwelling, Group S( 5) S( 5) Section Dwelling, Multiple Dwelling, Single Household Home Occupation A, S( 2) A, S( 2) A, S( 2) Section Residential, Accessory Structure A A A Residential Care, 6 or fewer clients, in a home Residential Care, 7 or more clients Swimming ool, Hot Tub, Spa A, S A, S Work/ Live SERVICES - GENERAL Day care - Large family day care home A( 4) A( 4) Section Day care - Small family day care home A(3) A( 3) ublic safety facility TRANSORTATION, COMMUNICATIONS, INFRASTRUCTURE City Water & Sewer Facility CU Telecommunications FacilityS S S S Section & Muni Code Key to zone symbols OS - Open Space RR - Rural Residential AG - Agriculture R1 - Residential 1

10 1) See glossary for land use definitions. 2) Home Occupation ermit and Business License Required 3) Business License Required 4) Business License & Compliance with Section Required 5) Site lan and Architectural Review Required & Compliance with Section 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 CU 7) ermitted use ( ) if limited to a maximum of 5, 000 square feet on the ground floor 8) A CU 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 1 3) ermitted erl n 134) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road 145) See section ( Residential Uses Abutting Non -Residential Uses) Implementing Zoning Ordinance) Zoning Ordinance) Ordinance No N. C. S. 4-2

11 Residential Zones TABLE 4. 2 Allowed Land Uses and ermit Requirements for Residential Uses ( 16) CU S A ermitted Use Conditional Use ermit Required ermit Requirement in Specific Use Regulations Accessory Use Use Not Allowed ermit Required b` Zone specific use LAND USE TYE' 1 R2 R3 R4 R5 Regulations LODGING Lodging - Short -Term Vacation Rentals ( 157) ( 157) ( 157) ( 157) Section Lodging - Bed & Breakfast inn ( B & B) CU CU Section RECREATION, EDUCATION & UBLIC ASSEMBLY Community Meeting Facility CU CU CU CU Golf course, country club ark School - Elementary, secondary, or college, private CU CU CU CU RESIDENTIAL Dwelling, Accessory A, S A, S A, S Section Dwelling, Junior Accessory A, S A, S A, S Section Dwelling, Group S( 5) S( 5) Section Dwelling, Multiple Dwelling, Single Household Home Occupation A, S( 2) A, S( 2) A, S( 2) A, S( 2) Section Residential, Accessory Structure A A A A Residential Care, 6 or fewer clients, in a home Residential Care, 7 or more clients Swimming ool, Hot Tub, Spa A, S A, S A, S A, S Section Work/ Live SERVICES - BUSINESS, FINANCIAL, ROFESSIONAL Medical Medical services - Major Services - Minor SERVICES - GENERAL Adult day program Child care center Day care - Large Family A ( 4) A (4) A ( 4) A ( 4) Section Day care - Small Family A( 3) A( 3) A( 3) A( 3) ublic safety facility TRANSORTATION, COMMUNICATIONS, INFRASTRUCTURE City Water & Sewer Facility Telecommunications facility S S S S Section & Muni Code Utility facility Key to zone symbols R2 - Residential 2 R4 - Residential 4 R3 - Residential 3 R5 - Residential 5 Ordinance No N. C. S

12 Notes: 1) See glossary for land use definitions. 2) Home Occupation ermit and Business License Required 3) Business License Required 4) Business License & Compliance with Section Required 5) Site lan and Architectural Review Required & Compliance with Section 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 CU 7) ermitted use ( ) if limited to a maximum of 5, 000 square feet on the ground floor 8) A CU 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) ermitted orly on AN & AISI ( GoreRa Rd, at NogAGDowegWd 134) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road 145) See section 21, 030 ( Residential Uses Abutting Non -Residential Uses) Zoning Ordinance) Implementing Zoning Ordinance) Ordinance No N. C. S. 4-4

13 Mixed Use Zones TABLE 4,3 Allowed Land Uses and ermit Requirements for Mixed Use Zones ( 16) ermitted Use CU Conditional Use ermit Required S A ermit Requirementin Specific Use Regulations Accessory Use Use Not Allowed ermit Required by Zone Specific Use LAND USE TYE ( 1) MU1A MU1B MU1C+ MU2 Regulations INDUSTRY, MANUFACTURING & ROCESSING Artisanlcrafi product manufacturing CU ( 6) Catering service, as a primary use ( 6) ( 6) Furniture and fixture manufacturing, cabinet making Laboratory - Medical, analytical Manufacturing, light ( 15) Media production ( 6) ( 6) rinting and publishing ( 6) ( 6) Research and development LODGING Lodging - Short Term Vacation Rentals ( 157) ( 157) ( 157) ( 157) Section Lodging - Bed & breakfast inn ( B& B) Lodging - HoteVMotel RECREATION, EDUCATION & UBLIC ASSEMBLY Cardroom CU CU CU Chapter9 Community Meeting Facility CU CU CU CU Commercial recreation - Indoor CU CU ( 6) Fitness/ health facility Library, museum, art gallery ark School - Elementary, secondary, or college, private CU CU CU CU School - Specialized Education and Training CU CU CU Studio - Art, dance, martial at, music, etc, Theater, cinema or performing at CU CU CU Theater District Ord RESIDENTIAL Dwelling, Multiple CU CU Dwelling, Accessory A, S Section Dwelling, Junior Accessory A, S Section Dwelling, Single Home Occupation A, S( 2) A, S( 2) A, S( 2) A, S( 2) Section Residential care, 7 or more clients ( 10) ( 10) CU( 10) Residential care facility, adult ( 6) ( 6) CU( 10) Residential care facility, for the chronically, ill ( 6) ( 6) CU( 10) Residential care facility, for the elderly ( 6) ( 6) CU( 10) Residential in mixed use building Ordin cd?(t. ttl. S ( 10) ( 10) Work/ Live ( 6) ( 6) ( 6) I

14 TABLE 4. 3 ( 16) CU ermitted Use Conditional Use ermit Required Allowed Land Uses and ermit Requirements for Mixed Use Zones S A I ermit Requirement Accessory Use Use Not Allowed in Specific Use Regulations LAND USE TYE ( 1) RETAIL ermit Required by Zone Specific use MU1A MU1B MU1C MU2 Regulations Adult oriented business CU CU CU Chapter 10 Artisan Shop Auto parts sales Bar, tavern, night club CU CU CU Chapter 8 Building and landscape materials sales - Indoor Gas station CU CU General retail Groceries/ specialty foods - 25, 000 sf or less Groceries/ specialty foods - More than 25, 000 sf lant nursery Restaurant, cafe, coffee shop I CU SERVICES BUSINESS, FINANCIAL, ROFESSIONAL ATM Bank, financial services Business support service Medical services - Health Care Facility ( 6) ( 6) ( 6) Medical services - Major Medical services - Minor ( 6), ( 112) ( 6),( 112) ( 6), ( 112) Office - a mes, government ( 6) Office - High Employee eadq ( 6) ( 6) Office - rofessional, administrative ( 6) SERVICES GENERAL Adult Day rogram CU CU CU Child Care Center ( 6) ( 6) ( 6) Child day care - Large Family A( 4) Section Child day care - Small Family A( 3) A( 3) A( 3) A( 3) Kennel, animal boarding CU Meals Assembly Business ( 123) Mortuary, funeral home CU ersonal services ersonal services - Restricted ublic safety facility Vehicle services - Minor maintenance/ repair CU Veterinary clinic, animal hospital ( 8) ( 8) ( 8) TRANSORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility arking facility, public or commercial CU CU Telecommunications facility S S S S Section & Muni Code Utility facility CU CU CU Ordinance No N. C. S. 4-6

15 Key to zone symbols MU1A- Mixed Use 1A MU1C - Mixed Use 1C MU1B - Mixed Use 1B MU2 - Mixed Use 2 Notes: 1) See Glossary for land use definitions. 2) Home Occupation ermit and Business License Required 3) Business License Required 4) Business License & Compliance with Section Required 5) Site lan and Architectural Review Required & Compliance with Section 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 CU 7) ermitted use ( ) if limited to a maximum of 5, 000 square feet on the ground floor 8) A CU 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 134) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road 145) See section ( Residential Uses Abutting Non -Residential Uses) Ordinance) Ordinance) Ordinance No N. C. S. 4-7

16 Commercial, Business ark, and Industrial Zones TABLE 4. 4 Allowed Land Uses and ermit Requirements for Commercial, Business ark, and Industrial Zones ( 16) CU S A ermitted Use Conditional Use ermit Required ermit Requirement in Specific Use Regulations' Accessory use Use Not Allowed LAND USE TYE ( 1) INDUSTRY, MANUFACTURING & ROCESSING ermit Required by Zone Specific use C1 C2 B I' Regulations Artisan/ craft product manufacturing Catering service, as a primary use ( 6) ( 6) Furniture and fixtures manufacturing, cabinet shop Laboratory - Medical, analytical Laundry, dry cleaning plants Manufacturing/ processing - Light Manufacturing/ processing - Medium intensity Media production etroleum product storage and distribution CU rinting and publishing Recycling facility CU CU Recycling facility - Scrap and dismantling yard Research and development Storage yard- outdoor CU Storage - warehouse, indoor storage CU Wholesaling and distribution LODGING Lodging - Hotel/ Motel CU RECREATION, EDUCATION & UBLIC ASSEMBLY Cardroom CU CU CU Chapter 9 Community Meeting Facility CU CU Commercial recreation - Indoor CU CU Commercial recreation - Outdoor CU Conference/ convention facility CU Fitness/ health facility CU ark School - Elementary, secondary, or college, private CU School - Specialized Education and Training ( 6) ( 6) CU Sports and entertainment assembly Studio - Art, dance, martial arts, music, etc. RESIDENTIAL Emergency Shelter Dwelling, Caretaker Home Occupation A, S( 2) A, S( 2) Section Residential care, 7 or more clients CU( 10) CU( 10) Residential care, adult CU( 10) CU( 10) Residential care, for the chronically ill CU( 10) CU( 10) Residential care, for the elderly CU( 10) CU( 10) Residential in mixed use building ( 10) ( 10) Work/ Live ( 6) ( 6) I Ordinance No N. C. S.

17 TABLE 4. 4 ( 16) CU ermitted Use Conditional Use ermit Required Allowed Land Uses and ermit Requirements for Commercial, Business ark, and Industrial Zones LAND USE TYE '( 1) S A ermit Requirement in Specific Use Regulations Accessory use Use Not Allowed ermit Required; by Zone C1 C2 B I Specific Use Regulations RETAIL Adult oriented business CU CU Chapter 10 Artisan Shop Auto vehical sales and rental Bar, tavern, night club CU CU Chapter 8 Building and landscape materials sales - Indoor Building and landscape materials sales - Outdoor Gas station CU General retail Groceries/ specialty foods - 25, 000 sf or less Groceries/ specialty foods - More than 25,000 sf lant nursery Restaurant, cafe, coffee shop ( 9) ( 9) SERVICES - BUSINESS, FINANCIAL, ROFESSIONAL ATM Bank, financial services Business support service Medical services - Health Care Facility ( 6) ( 6) Medical services - Major Medical services - Minor ( 6), ( 11) ( 6), ( 11) Office - Business, service, or government Office - Headquarters, or processing (6) ( 6) Office - rofessional, administrative SERVICES - GENERAL Adult Day rogram Child Care Center ( 6) ( 6) Child day care - Large Family Child day care - Small Family A( 3) A( 3) Kennel, animal boarding CU Maintenance/ repair service - Client site services Maintenance/ repair service - Equipment, appliances Meals Assembly Business ( 12) ( 12) Mortuary, funeral home ersonal services ersonal services - Restricted ublic safety facility Vehicle services - Major repair/ body work Vehicle services - Minor maintenance/ repair Veterinary clinic, animal hospital (8) ( 8) TRANSORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility arking facility, public or commercial CU CU Telecommunications facility S S S S Section & Muni Code Utility facility CU CU CU CU Ordinance No N. C. S. 4-9

18 Key to zone symbols: C1- Commercial 1 B - Business ark C2 - Commercial 2 I - Industrial Notes: 1) See glossary for land use definitions. 2) Home Occupation ermit and Business License Required 3) Business License Required 4) Business License & Compliance with Section Required 5) Site lan and Architectural Review Required & Compliance with Section 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 CU 7) ermitted use ( ) if limited to a maximum of 5, 000 square feet on the ground floor 8) A CU 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 134) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road 145) See section ( Residential Uses Abutting Non -Residential Uses) 156) Short- term vacation rental permit, business license and transient occupancy tax certificate required ( see section of Implementing Zoning Ordinance) Ordinance No N. C. S. 4-10

19 Civic Facility Zone TABLE 4. 5 Allowed Land Uses and ermit Requirements Facility Zone for Civic ( 16) ermitted Use CU Conditional Use ermit Required S ermit Requirement in Specific Use Regulations A Accessory Use Use Not Allowed LAND USE TYE ( 1) RECREATION, EDUCATION & UBLIC ASSEMBLY ark Community Meeting Facility ermit 'Required by Zone specific use CF Regulations CU School - Elementary, secondary, or college, private CU RESIDENTIAL Theater, cinema or performing arts CU Theater District Ord Emergency Shelter CU Dwelling, Caretaker SERVICES - BUSINESS, FINANCIAL, ROFESSIONAL Office - Business, service, or government SERVICES - GENERAL Adult Day rogram Child Care Center ublic safety facility CU TRANSORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility arking facility, public or commercial Telecommunications facility Utility facility Key to zone symbols: CF - Civic Facilities Notes: 1) See glossary for land use definitions. 2) Home Occupation ermit and Business License Required 3) Business License Required 4) Business License & Compliance with Section Required 5) Site lan and Architectural Review Required & Compliance with Section Required S CU Section & Muni Code ) Use allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CU 7) ermitted use ( ) if limited to a maximum of 5, 000 square feet on the ground floor 8) A CU 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 Gonna s4 a. + ninin 13) ermitted orly eq AN AIN ( well 134) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road 145) See section ( Residential Uses Abutting Non -Residential Uses) Ordinance) Ordinance No N. C. S UO

20 ATTACHMENT 1, EXHIBIT B Table Use Number of arking Spaces Required e aoh- t- S mplayee er rx+mif Or Artisan/ Craft roduct Manufacturing 1 space per 500 square feet of gross floor area -or FieveH & g r--- Artisan Shop 1 for each 300 gross square feet of floor area Auto and Vehicle Sales 1 for each 400 square feet of gross floor area Auto arts Sales 1 for each 300 gross square feet of floor area Banks and Financial Services 1 for each 300 gross square feet of floor area Bars, Taverns, Nightclubs 1 for each 2, 5 seats Bed and Breakfast Inns 1 for each guest room plus 1 for the inn owner/ manager Child Care Center 1 for each staff member ( employee, parent volunteer, etc.) plus 1 loading/ unloading space for each 10 children Commercial Recreation- Bowling Alleys 5 for each aile Commercial Recreation- Indoor. Dance halls, coin operated amusement arcades, electronic games arcades, ice and roller skating, pool and billiard rooms. 1 for each 50 square feet of gross floor area 1 for each 3, 5 seats of maximum seating capacity Conference/ Convention Facility or Dwelling- Accessory 1 for each 60 square feet of gross floor area if there are no fixed seats 1 covered or uncovered plus arking for other dwellings onsite consistent with current parking requirements Seespecific use regulations in Section 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 arking to Living parking space Space Dwelling- Mobile Home ark 2 for each mobile homes ace in the park Dwellings- Multiple Household 1 which may be covered or uncovered for each bedroom, studio, or efficiency unit. In no case shall a project provide an overall parking ratio of less than 1. 5 spaces per unit. 1 for each ump Island, plus Fueling/ Gas Stations 1 for each Service Bay, plus 1 for each Employee on the Maximum Shift Funeral Homes, Mortuaries 1 for each 5 seats for the aggregate number of seats provided in all assembly rooms of the mortuary Ordinance No N. C. S. I-

21 General Retail Groceries, Specialty Foods 1 for each 300 square feet of gross floor area 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 1 fer e2gh ter 15 imp 3y2 2 l tl 2 4 Manufacturing/ rocessing 1 space per 500 square feet of gross floor area or 35- sp2ces per ec-re - w# " ever -is -greater Medical Services- Health Care Facility Medical Services- Major 1 for each 3 beds plus 1 for each employee on the maximum shift plus 1 for each 2 staff doctors Medical Services- Minor 1 for each 200 square feet of gross floor area Offices- Business/ Service, Government, rocessing, rofessional ublic/ Civic Buildings and Grounds other than Schools and Administrative Offices 1 for each 300 gross square feet of floor area 1 for each 2 employees on the maximum shift 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 - rivate Elementary and Junior High 1 for each employee on the maximum shift School - rivate 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 erforming 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 144-2a 54. ēmp the r shl' t Gr Wholesaling and Warehouse 1 space per 500 square feet of gross floor area er 35- spagess-pep-acre, va never+ s- greater Unspecified remises Uses of Buildings, Structures, or The number of spaces shall be determined by the Zoning Administrator Director) in accordance with the general purposes standards herein. All new structures in Industrial zones shall provide no less than 35 spaces per acre of land 11-2 Ordinance No N. C. S. I

22 ATTACHMENT 2 DATE: February 27, 2018 TO: FROM: lanning Commission Heather Hines, lanning Manager SUBJECT: IZO Amendments RECOMMENDATION It is recommended that the lanning Commission adopt a resolution recommending the City Council approve text amendments to the Implementing Zoning Ordinance, including modifications to the following Chapters: Chapter 25 Chapter 11 Chapter 21 Chapter 28 Chapter 4 DISCUSSION Zoning text amendments are governed by Chapter 25 of the Implementing Zoning Ordinance and by California Government Code Section Chapter 25 provides that the lanning Commission may recommend zoning text amendments for approval to the City Council based on lanning Commission findings that the proposed amendments are in conformance with the City' s General lan and consistent with the public necessity, convenience, and general welfare. The proposed amendments are minor in nature and are either to update requirements to better respond to current trends or to correct errors. The proposed amendments are explained below by each chapter. Chapter 4 ( Zoning Districts and Allowable Land Uses). Tile primary change in Chapter 4 is to Table 4. 3 and Table In Table 4. 3 the proposed changes make " Dwelling, multiple" an allowable land use in the MU1B zoning district with issuance of a Conditional Use ermit. Additionally, footnote # 13 is proposed to be eliminated for " Residential in a mixed use building" in the MU1B zoning district. Residential is currently not allowed in the MU1B zoning district with the exception of the parcel at the corner of Corona and North McDowell. The proposed changes would allow residential in a mixed use building as a permitted use and multi - family residential as a CU in the MU1B zoning district. These changes are consistent with the General lan designation of Mixed Use that calls for a " robust

23 retail, residential, service commercial, and/ or offices". This combination of uses, including change would apply to five sites currently zoned MU1B, including the Deer Creek Shopping Center, East Washington lace Shopping Center, KOA Campground on Stony oint, the Corona Road SMART Station site, and a 26 acre property at Lakeville Highway and Marina Avenue. It is recommended that the multi -family land use be changed to a CU to allow further review on a case by case basis to determine the suitability for standalone residential, proximity to transit, etc. The proposed change to Table 4. 4 would allow " Storage warehouse, indoor storage" with a Conditional Use ermit in the Business ark zoning district. This is in response to repeated inquiry to accommodate these types of uses both as standalone uses and as a significant component of light industrial uses seeking to locate in areas within the B zone. Other proposed modifications are more technical edits to match proposed changes to definitions in the glossary and to update footnotes to track with changes to land uses. Chapter 11 ( Off -Street arking). The primary changes in Chapter 11 are associated with Table to modify the required onsite parking for industrial uses. Currently parking standards for manufacturing, wholesaling, and warehouse are the most restrictive of three standards ( lot acreage, gross floor area, and number of employees). In practice this often creates the requirement to develop more parking based on the property acreage than needed for the size of the industrial facility or based on the number of employees. Changing the requirement to be based on the size of the facility chooses what is typically the middle requirement and avoids creating unnecessary parking areas based on the property size or under parking based on a low employee tenant. Additionally, associating the parking requirement with floor area is consistent with standards found in other jurisdictions. All other changes to Chapter 11 are corrections and do not change substantive requirements of the code. Chapter 21 ( erformance Standards). The single change proposed is Chapter 21 is Section ( H) to correct the reference to the regulatory agency. Chapter 25 ( Amendments). roposed revisions clean up a duplication of wording related to the subsequent Section and restate the required findings for approval of a zoning amendment that had previously been eliminated. Chapter 28 ( Glossary). There are several amendments proposed within Chapter 28 to expand or clarify land use definitions. " Artisan/ Craft roduct Manufacturing" is an existing land use category targeted at small manufacturing uses that do not tend to create the same impacts associated with larger manufacturing operations and are allowed in mixed use zones where the more general Manufacturing/ processing Light" land use is not allowed. The current definition precludes

24 artisan food and beverage manufacturing. However, staff has had multiple inquiries about small local food and beverage manufacturers who want to locate in existing tenant spaces in the center of town, where artisan/ craft product manufacturing is otherwise allowed. The proposed change to the definition allows staff to consider small scale artisanal food and beverage product manufacturing when impacts are minimal, not to the level of full manufacturing. Several existing land use definitions such as " General retail", " Manufacturing/ processing" and Office" contain lists of example uses. These lists often use terminology out of date with current trends or appear to be a limiting list as opposed to examples. Small modifications to these lists to clarify that they " include, but are not limited to" and to modify some of the specific examples are proposed. The current definitions for " Medical Service Minor" and " Office, rofessional/ Administrative" create a conflict when looking at mental health care professionals. Both definitions include psychologists". roposed changes clarify that psychologist offices fall within the " medical service minor" land use category. Additionally, a note has been added that massage therapy and acupuncture can be included in the " medical service minor" category when not part of a personal service or spa establishment. Modifications are proposed to the office categories defined in Chapter 28 to streamline and clarify the different categories based on anticipated impacts and the suitability of the different office types in the various zoning districts. changes are proposed Finally, to the " Wholesaling and distribution" land use definition to expand the category to include distribution from online sales to better track with current trends in this type of land use. To recommend the proposed amendments to the City Council the lanning Commission must find that they conform to the etaluma General lan and are consistent with the public necessity, convenience, and general welfare in accordance with Section ( B) of the Implementing Zoning Ordinance. The lanning Commission has discretion to recommend modification to the staff proposal. If it does so, the Commission should convey the reasons for the modifications to the City Council. A simple majority vote of the Commission member' s present, assuming a quorum of Commissioners is present, suffices to approve a resolution recommending action on the amendments to the City Council. General lan Consistency The proposed zoning ordinance amendments are consistent in general conformity with the etaluma General lan 2025 in that the amendments do not change the general character or impacts of current zoning regulations. Amendments to Chapter 4 related to allowable uses in the MU1B zoning district further supports the intent of the Mixed Use land use designation to facilitate a robust combination of uses, including retail, residential, service commercial, and/ or offices. The proposed change to allowable uses in the B zoning district reinforces the Business ark land use designation to attract light industrial operations.

25 Amendments to Chapters 11 and 28 provide update and clarity to existing zoning language to more accurately represent current land use trends and support the General lan' s overall goal to guide development in line with the vision and underlying policies. Additional amendments to Chapters 21 and 25 correct errors and do not create any change that is inconsistent with the General lan ublic 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 in assigning designations to current land uses, and remove identified obstacles to the implementation of the zoning code, which implements the policies of the General lan. Environmental Review The proposed zoning text amendments are exempt from CEQA pursuant to CEQA Guidelines Sections 15061( B)( 3) and as follows: Section 15061( b)( 3), General Rule, of the CEQA Guidelines is applicable as there is no possibility that the activity may have a significant impact on the environment in that proposed zoning text amendments Section of the CEQA Guidelines provides an exemption for projects that are consistent with the General lan. The subject zoning text amendments are minor modifications to existing regulations that only apply to specific locations and uses as governed by the Implementing Zoning Ordinance, consistent with the General lan. For the above reasons, the proposed amendments are exempt from environmental review. ublic Comment ublic notice was published in an eighth page ad in the Argus Courier on January 25, At the February 13, 2018 lanning Commission meeting the item was continued to a date certain of February 27, No specific public comment has been received in response to this public notice as of the preparation of this report. ATTACHMENTS A. Resolution recommending City Council approval of Zoning Text Amendments: Exhibit 1: Redline Chapters 4, 11, 21, 25, , 4

26 ATTACHMENT 3 RECOMMENDING THE CITY COUNCIL AMEND THE TEXT OF THE IMLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N. C. S., TO MODIFY CHATER 4 ( ZONING DISTRICTS AND ALLOWABLE USES), CHATER 11 ( OFF STREET ARKING), CHATER 21 ( ERFORMANCE STANDARDS), CHATER 25 ( AMENDMENTS), AND CHATER 28 ( GLOSSARY) WHEREAS, Section of the City of etaluma Implementing Zoning Ordinance ( IZO) provides in pertinent part that no amendment that regulates matters listed in Government Section 65850, which matters include the use and construction of buildings and structures, shall be made to the IZO unless the lanning Commission and City Council find the amendments to be in conformity with the General lan and consistent with the public necessity, convenience, and general welfare in accordance with Section ( B) of the IZO; and WHEREAS, the text amendments contained in Exhibit 1 to.this resolution modify the City' s Implementing Zoning Ordinance, Chapter 4 ( Zoning Districts and Allowable Uses), Chapter 11 ( Off Street arking), Chapter 21 ( erformance Standards), Chapter 25 ( Amendments), and Chapter 28 ( Glossary); and WHEREAS, the text amendments contained in Exhibit 1 would provide clarification and minor updates common to address changing trends in land use and construction and to more effectively use the zoning code to implement City policy as adopted in the etaluma General lan; and WHEREAS, on January 25%, public notice of the February 13, 2018 lanning Commission meeting to consider the amendments was published in the Argus Courier as an eighth page ad; and WHEREAS, at the February 13, 2018 lanning Commission meeting the item was continued to a date certain of February 27, 2018; and WHEREAS, on February 27, 2018, the lanning Commission held a duly noticed public hearing in accordance with Chapter 25 of the Implementing Zoning Ordinance to consider the amendments. NOW THEREFORE BE IT RESOLVED by the lanning Commission of the City of etaluma as follows: 1. The above recitals are hereby declared to be true and correct and are incorporated into the resolution as findings of the etaluma lanning Commission. 2. The text amendments contained in Exhibit 1 to this resolution, which exhibit is hereby made a part of this resolution for the purposes, are exempt from CEQA pursuant to Sections ( b) (3) and in that the proposed text amendments are minor modifications to existing regulations that will only apply to specific locations and uses as governed by the Implementing Zoning Ordinance. In accordance with Sections and ( B) of the City' s Implementing Zoning Ordinance, Ordinance No N. C. S., (" IZO"), the proposed amendments to the-izo as contained in Exhibit 1 are in general conformity with the etaluma General lan 2025 in that these amendments do not change the general character or impacts of current zoning regulations and implement the General lan as outlined in the February 27,` 2108 lanning Commission staff report. lanning Commission Resolution No age- 1-