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Agenda Item #3.C

DATE:

March 1, 2021

TO:

Honorable Mayor and Members of the City Council through City Manager

FROM:

Heather Hines, Planning Manager

SUBJECT:

Adoption (Second Reading) of Ordinances Approving Zoning Text Amendments to the Implementing Zoning Ordinance and SmartCode to Prohibit New Gas Station Land Uses and Enact New Regulations for Zero Emission Vehicles

RECOMMENDATION It is recommended that the City Council: •

Adopt (second reading) of an Ordinance approving Zoning Text Amendments to the Implementing Zoning Ordinance, Ordinance 2300 N.C.S., Chapter 4 (Zone Districts and Allowable Uses), Chapter 11 (Parking and Loading Facilities, Off-Street), Chapter 22 (Non-Conforming Uses), and Chapter 28 (Glossary) to prohibit new gas station land uses and enact new regulations for Zero Emission Vehicles (Attachment 1); and

•

Adopt (second reading) of an Ordinance approving Zoning Text Amendment to the SmartCode, Section 3 (Building Function Standards) and Section 9 (Glossary) to prohibit new gas station land uses and enact new regulations for Zero Emission Vehicles (Attachment 2).

BACKGROUND On February 22, 2021, the City Council adopted, by unanimous vote of the members present, Resolution No. 2021-024 amending Policy 4-P-10 of the Petaluma General Plan 2025 to prohibit new gas station land uses. On February 22, 2020, the City Council also introduced by unanimous vote of the members present, of two ordinances for Zoning Text Amendments to the City’s Implementing Zoning Ordinance (IZO) and SmartCode. The approval included the following modifications to the staff recommendation: (1) a Conditional Use Permit requirement for the Zero Emission Vehicles (Hydrogen Fuel Cell Station) land use; and (2) miscellaneous edits to the text of IZO Sections 22.030 and 22.035. These modifications to the ordinances as introduced are reflected in Attachment 1 and 2. Advertisement of the ordinances has, pursuant to the Petaluma Charter, been posted on the bulletin board at City Hall. ATTACHMENTS 1

Attachment 1: Exhibit 1: Attachment 2:

Ordinance Amending the Implementing Zoning Ordinance IZO Chapters 4, 11, 22, and 28 Ordinance Amending the SmartCode

ATTACHMENT 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S., TO MODIFY CHAPTER 4 (ZONE DISTRICTS AND ALLOWABLE USES), CHAPTER 11 (PARKING AND LOADING FACILITIES, OFF-STREET), CHAPTER 22 (NON-CONFORMING USES), AND CHAPTER 28 (GLOSSARY) WHEREAS, the City of Petaluma has initiated a Zoning Text Amendment in response to the Moratorium on Approval of Applications for New Gas Station Uses enacted under Ordinance Nos. 2681, 2688 and 2724; and WHEREAS, with regard to Government Code Section 65858(d), this ordinance is a measure to alleviate the condition which led to the adoption of the moratorium; and WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S.

(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 Planning Commission and City Council find the amendments to be in conformity with the City’s General Plan and consistent with the public necessity, convenience, and general welfare in accordance with Section 25.050(B) of the IZO; and WHEREAS, in accordance with Sections 25.010 and 25.050(B) of the IZO, the proposed amendments to the IZO as in Exhibit 1 to this ordinance are in general conformity with the City’s General Plan in accordance with the following: •

As amended, General Plan Policy 4-P-10 states, “Prohibit new fossil fuel gas stations and transition existing stations to serve Zero Emission Vehicles,” and the IZO amendments pursuant to this ordinance prohibiting new fossil fuel gas stations and establishing non-conforming use regulations directly implements this policy;

•

General Plan Policy 4-P-8 states, “Support, where feasible, the development of alternative fuel stations,” and the IZO amendments pursuant to this ordinance facilitating the use of Zero Emission Vehicles support this policy by providing clear regulations for the rapid deployment of transportation technologies without adverse environmental and human health effects endemic to fossil fuels and internal combustion engines; and

WHEREAS, in accordance with Section 25.050(B) of the IZO, the IZO amendments pursuant to this ordinance are consistent with the public necessity, convenience, and welfare, in accordance with the following: •

Pursuant to Resolution No. 2019-055 Declaring a Climate Emergency the City Council has, among other things, directed giving “precedence to climate mitigation and adaptation when evaluating policies” and committed to reduce citywide greenhouse gas emission, “to carbon neutrality as quickly as possible and no later Page 1 of 7

ATTACHMENT 1 than 2045 - the goal set by Governor Brown’s Executive Order B-55-188,” and to accelerate climate adaptation and resilience strategies; •

More recently, on January 11, 2021, the City Council adopted Resolution No. 2021-007 N.C.S. adopting a Climate Emergency Framework which underscores the need for urgent action and accelerated the City’s carbon neutrality goal to 2030;The amendments to the IZO pursuant to this ordinance prohibiting of fossil fuel gas stations and regulations regarding potential future changes to such uses constitute a public necessity and promote the general welfare by preventing the future expansion of a fuel type resulting in greenhouse emissions from the transportation sector) and, in doing so, support the Council’s goal of carbon neutrality.;

•

The prohibition of fossil fuel gas stations prevents future sources of environmental pollution through, for example, the transmission of fossil fuels into the soil, groundwater and surface waters, and prevents future sources of air pollution harmful to public health;

•

The provisions of this ordinance facilitating the use of Zero Emission Vehicles support the use of transportation technologies without adverse environmental effects from greenhouse gas emissions, and soil, water and air pollution.

WHEREAS, the text amendments contained in Exhibit 1 to this ordinance would modify the City’s IZO by codifying a prohibition on new, not already approved gas station uses, enact new non-conformity regulations specific to existing and approved Gas Station uses, and enact new regulations for the fueling of Zero Emission Vehicles; and WHEREAS, on January 26, 2021 the Planning Commission held a duly noticed public hearing in accordance with Section 25.050 of the IZO to consider the IZO amendments and reviewed the environmental analysis prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, on January 26, 2021 and after all interested parties had the opportunity to be heard, the Planning Commission adopted Resolution No.

2021-02 recommending approval of the amendments without modification, in accordance with IZO Section 25.050; and WHEREAS, on February 12, 2021, public notice of the February 22, 2021 City Council meeting to consider the amendments was published in the Argus Courier and mailed to all property owners of existing and approved gas stations in compliance with state and local law, and routed to appropriate agencies listed under Government Code Section 65352; and WHEREAS, on February 22, 2021, the City Council reviewed the environmental analysis prepared for the project in accordance with the CEQA, and received and considered all written and oral public comments on environmental effects of the Amendment which were submitted up to and at the time of the public hearing; WHEREAS, in accordance with CEQA, this ordinance is not a project subject to CEQA review in accordance with Sections 15378 and 1501(b)(3) of the CEQA Guidelines because it Page 2 of 7

ATTACHMENT 1 has no potential for resulting in physical change in the environment, directly or ultimately, and it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment in that this ordinance prevents environmental impacts resulting from new gas station uses; and WHEREAS, for purposes of Section 65850.7 of the Government Code, enacted pursuant to AB-1236 in October, 2015, applications to install electric vehicle charging stations are generally ministerial projects exempt from CEQA review in accordance with Section 21080 of the Public Resources Code, because AB-1236 requires cities to administratively approve applications to install electric vehicle charging stations through issuance of a building permit or similar non-discretionary permit, absent substantial evidence in the record that a proposed installation would have a specific, adverse impact upon public health or safety, and that there is no feasible method to satisfactorily mitigate or avoid the adverse impact; and WHEREAS, in the alternative, if this ordinance constitutes a CEQA project, it is nonetheless exempt from CEQA review in accordance with Section 15301 of the CEQA Guidelines because this ordinance will permit minor alteration of existing private structures and mechanical equipment at existing and approved gas and fueling stations to

accommodate fueling of zero emission vehicles and involve negligible or no expansion of existing uses; and WHEREAS, if this ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with Section 15303 of the CEQA Guidelines because this ordinance will permit construction and location of limited numbers of new, small facilities or structures, the installation of small new equipment and facilities in small structures, and the conversion of existing small structures to accommodate fueling of zero emission vehicles where only minor modifications are made in the exterior of the structure; and

WHEREAS, if this ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with Section 15304 because this ordinance will permit minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, including minor trenching and backfilling where the surface is restored to accommodate fueling of zero emission vehicles; and WHEREAS, if this ordinance constitutes a CEQA project, it is also exempt from CEQA review in accordance with Sections 15307 and 15308 this ordinance constitutes action taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and protection of the environment where the regulatory process involves procedures for protection of the environment by accommodating fueling of zero emission vehicles; and WHEREAS, on February 22, 2021, the City Council of the City of Petaluma held a duly noticed public hearing to consider the text amendments; and NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. Page 3 of 7

ATTACHMENT 1 Section 2. California Environmental Quality Act. This ordinance complies with the requirements of the California Environmental Quality Act (CEQA) in accordance with the following: A. Actions Relating to Gas Station Prohibition This ordinance prohibiting new, not-already-approved gas station uses is not a project within the meaning of CEQA Guidelines Section 15378, because this ordinance has no potential for resulting in physical change in the environment, directly or ultimately. This ordinance prevents changes to the environment related to new, not-already-approved gas station use applications. Moreover, this ordinance is, pursuant to CEQA Guidelines 15061(b)(3), not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This ordinance will prohibit new, not-already-approved gas stations uses and, in turn, prevent physical changes to the environment, and therefore it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. B. Actions Relating to New, Non-Conformity Regulations for Gas Stations This ordinance applies to sixteen already-developed properties and one new gas station use to be developed and which has already separately demonstrated compliance with CEQA.

This ordinance prohibits the enlargement, extension, reconstruction or relocation of gas station uses and defines four specific categories of permitted modifications, as follows: (1) those to improve soil, groundwater and stormwater quality; (2) those necessary to improve traffic safety; (3) those to enable battery charging stations for Zero Emission Vehicles; and (4) those to install facilities for the storage, conveyance and dispensing of hydrogen to zero emission vehicles. The latter two categories of modifications (i.e., battery charging stations, hydrogen) are addressed separately below. The new non-conformity regulations in this ordinance for gas station uses and that prohibit enlargement, extension, reconstruction or relocation of gas station uses are categorically exempt from CEQA under CEQA Guidelines Section 15301 which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The new non-conformity regulations in this ordinance for gas stations uses that allow modifications to improve soil, groundwater and stormwater quality and traffic safety, are categorically exempt from CEQA in accordance with the following: •

CEQA Guidelines Section 15301 which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing Page 4 of 7

ATTACHMENT 1 public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. •

CEQA Guidelines Section 15303 which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

•

CEQA Guidelines Section 15304 which applies to minor public or private alterations in the condition of land, water, and/or vegetation (e.g., new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping, minor trenching and backfilling where the surface is restored).

•

CEQA Guidelines Section 15308 which applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

C. Actions Relating to Land Use - Zero Emission Vehicles (Battery Charging Station) The provisions of this ordinance pertaining to battery charging standards for Zero Emission Vehicles are not a project within the meaning of CEQA Guidelines Section 15378, because, pursuant to Government Code Section 65850.7, all permit requests for such charging stations shall be administratively reviewed through a building permit or similar nondiscretionary permit. Therefore, because ZEV charging station projects are not subject to discretionary review, the provisions of this ordinance pertaining to standards for ZEV charging standards are not a “project” within the meaning of CEQA. D. Actions Relating to Land Use - Zero Emission Vehicles (Hydrogen Fuel Cell Station) This ordinance would allow for hydrogen fuel stations at existing gas stations. As described, there are sixteen already-developed gas stations and one new gas station to be developed and which has already separately demonstrated compliance with CEQA. Presently, there are no retail hydrogen stations in the City of Petaluma.

Using the “Hydrogen Station Permitting Guidebook, California Governor’s Office of Business and Economic Development (GO-Biz), September 2020” as a basis to determine reasonably foreseeable changes to the environment that may result from the installation of retail hydrogen stations at existing Gas Stations, and in particular, Pages 13 to 18, and Pages 49 to 53 of the Guidebook, it is anticipated that hydrogen will be integrated into an existing gas stations with Page 5 of 7

ATTACHMENT 1 minor physical changes to sites that are already substantially disturbed, paved and/or with existing structures. Pumps are anticipated to be integrated alongside existing ones used for gasoline dispensing or along an existing vehicular path of travel. Minor trenching is anticipated to install pipes that convey hydrogen to each pump. Lastly, hydrogen fuel would be stored aboveground within a concrete masonry enclosure similar those commonly used to enclose trash and recycling receptacles. Once installed, the retail operation of hydrogen pumps provides drivers with a similar experience to gasoline or diesel with respect to fueling, dispenser operation, fill time, and payments. Therefore, the provisions of this ordinance pertaining to hydrogen fuel cell station standards for Zero Emission Vehicles are categorically exempt from CEQA in accordance with the following: •

CEQA Guidelines Section 15301, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

•

CEQA Guidelines Section 15303, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

•

CEQA Guidelines Section 15304, which applies to minor public or private alterations in the condition of land, water, and/or vegetation (e.g., new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping, minor trenching and backfilling where the surface is restored).

Section 3.

Zoning Text Amendments.

The amendments to Chapter 4 (Zone Districts and Allowable Uses), Chapter 11 (Parking and Loading Facilities, Off-Street), Chapter 22 (Non-Conforming Uses), and Chapter 28 (Glossary) of the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S attached to and made a part of this ordinance as Exhibit 1, (strikethrough = deletion; underline = addition), are hereby adopted in accordance with the findings pursuant to Sections 25.010 and 25.050 of the City’s Implementing Zoning Ordinance that are contained in this ordinance. Section 4. Severability. If any provision of the ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are Page 6 of 7

ATTACHMENT 1 severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Publication. 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 any other applicable law.

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Attachment 1 – Exhibit 1 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.

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.

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.

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.

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Attachment 1 – Exhibit 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.

MU1A, MI1B, 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 1B 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. O. I (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

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Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 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).

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

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

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.

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.

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.

Where the proposed development project is clearly accessory as determined by standards in the Zoning Ordinance, to an existing use upon the property.

Where the development project consists primarily of the rehabilitation of an existing structure, when no change of use will occur.

Where the developer establishes that the required dedication would render the real property upon which Ordinance No. 2300 N.C.S.

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Attachment 1 – Exhibit 1 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.

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Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 Natural and Rural Zones TABLE 4.1 Allowed Land Uses and Permit Requirements for Natural and Rural Zones

P(16)

Permitted Use

CUP

Conditional Use Permit Required

Permit Requirement in Specific Use Regulations

A —

Accessory Use Use Not Allowed

Permit Required by Zone OSP AG RR R1

LAND USE TYPE (1)

Specific Use Regulations

AGRICULTURAL & RESOURCE USES Crop production, horticulture, orchard, vineyard

Farm animal keeping

Lodging - Short-T erm Vacation Rentals

—

Lodging - Bed & Breakfast Inn

—

P(15) —

P(15) CUP

—

CUP

Commercial recreation - Indoor

—

Commercial recreation - Outdoor

—

Golf course, country club

CUP

—

LODGING

RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility

Section 7.110 Section 7.100

Park

School - Elementary, secondary, or college, private

—

CUP

—

A,S

Section 7.030

Dwelling, Junior Accessory

—

A,S

Section 7.035

Dwelling, Caretaker

—

Dwelling, Group Dwelling, Multiple

—

S(5)

—

Dwelling, Single Household

—

Home Occupation

—

A,S(2)

Residential, Accessory Structure Residential Care, 6 or fewer clients, in a home

—

A,S(2) A

—

Residential Care, 7 or more clients

—

RESIDENTIAL Dwelling, Accessory

—

A,S

—

SERVICES - GENERAL Day care - Large family day care home

—

A(4)

Day care - Small family day care home

—

A(3)

Public safety facility

—

CUP

A (18)

Swimming Pool, Hot T ub, Spa Work/Live

TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City Water & Sewer Facility T elecommunications Facility Zero Emission Vehicles (Battery Charging Station)

Ordinance No. 2300 N.C.S.

Section 7.040

Section 7.050

Section 7.060

Section 7.090 & Muni Code 14.44

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Attachment 1 – Exhibit 1 Key to zone symbols OS - Open Space AG - Agriculture

RR - Rural Residential R1 - Residential 1

Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (14) See section 21.030 (Residential Uses Abutting Non-Residential Uses) (15) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) (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

(18) Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for stations. (19) Allowed with CUP when located on site of an existing Fueling Station/Gas Station land use.

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Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 Residential Zones TABLE 4.2 Allowed Land Uses and Permit Requirements for Residential Uses LAND USE TYPE (1) LODGING Lodging - Short-Term Vacation Rentals Lodging -Bed & breakfast inn (B & B) RECREATION, EDUCATION & PUBLIC ASSEMBLY Community Meeting Facility Golf course, country club Park School - Elementary, secondary, or college, private RESIDENTIAL Dwelling, Accessory Dwelling, Junior Accessory Dwelling, Group Dwelling, Multiple Dwelling, Single Household Home Occupation Residential, Accessory Structure Residential Care, 6 or fewer clients, in a home Residential Care, 7 or more clients Swimming Pool, Hot Tub, Spa Work/Live SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL Medical services -Major Medical Services-Minor SERVICES - GENERAL Adult day program Child care center Day care - Large Family Day care - Small Family Public safety facility TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City Water & Sewer Facility Telecommunications facility Utility facility Zero Emission Vehicles (Battery Charging Station) Key to zone symbols R2 - Residential 2 R3 - Residential 3

P(16) CUP S A —

Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory Use Use Not Allowed

Permit Required by Zone R3 R4

Specific Use Regulations

Section 7.110 Section 7.100

P(15) CUP

P(15) —

CUP — P CUP

A,S A,S S(5) — P A,S(2) A P — A,S —

A,S A,S S(5) P P A,S(2) A P — A,S —

A,S A,S — P P A,S(2) A P — A,S —

— —

— — A (4) A(3) P

— A (18)

Section 7.030 Section 7.035 Section 7.040

Section 7.050

Section 7.080

Section 7.060

Section 7.090 & Muni Code 14.44

R4 - Residential 4 R5 - Residential 5

Ordinance No. 2300 N.C.S.

4-7

Attachment 1 – Exhibit 1 Notes: (1) See glossary for land use definitions. (2) Home Occupation Permit and Business License Required (3) Business License Required (4) Business License & Compliance with Section 7.060 Required (5) Site Plan and Architectural Review Required & Compliance with Section 7.040 Required (6) Use allowed only on an upper floor or behind a ground floor street fronting use; use in other locations allowed subject to a CUP (7) Permitted use (P) if limited to a maximum of 5,000 square feet on the ground floor (8) A CUP is required for overnight board and care (9) Neighborhood serving and open at lunch (10) Allowed only on floors above the ground floor (11) Urgent care facilities may be located on the ground floor as a street fronting use (12) Allowed only in a shopping center (13) Use permitted only on Lakeville Highway between Baywood Drive and Casa Grande Road (14) See section 21.030 (Residential Uses Abutting Non-Residential Uses) (15) Short-term vacation rental permit, business license and transient occupancy tax certificate required (see section 7.110 of Implementing Zoning Ordinance) (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 (18) Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for stations. (19) Allowed with CUP when located on site of an existing Fueling Station/Gas Station land use.

4-8

Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 Mixed Use Zones TABLE 4.3 Allowed Land Uses and Permit Requirements for Mixed Use Zones

P(16)

Permitted Use

CUP

Conditional Use Permit Required

Permit Requirement in Specific Use Regulations

A —

Accessory Use Use Not Allowed

Permit Required by Zone MU1A

MU1B

MU1C

MU2

Artisan/craft product manufacturing

—

CUP(6)

Catering service, as a primary use

P(6)

—

P(6)

LAND USE TYPE (1)

Specific Use Regulations

INDUSTRY, MANUFACTURING & PROCESSING

Furniture and fixture manufacturing, cabinet making

—

Laboratory - Medical, analytical

—

Manufacturing, light

—

P(14)

—

Media production

P(6)

—

P(6)

Printing and publishing

P(6)

—

P(6)

Research and development

—

Lodging - Short-Term Vacation Rentals Lodging - Bed & breakfast inn (B&B)

P(15) —

P(15) P

Lodging - Hotel/Motel

—

Cardroom Community Meeting Facility

CUP

—

CUP

Commercial recreation - Indoor Fitness/health facility

CUP

—

P(6)

—

Library, museum, art gallery

—

LODGING Section 7.110

RECREATION, EDUCATION & PUBLIC ASSEMBLY

Park

School - Elementary, secondary, or college, private

CUP

School - Specialized Education and Training

CUP

—

CUP

Studio - Art, dance, martial arts, music, etc.

—

Theater, cinema or performing arts

CUP

—

CUP

RESIDENTIAL Dwelling, Multiple

Chapter 9

Theater District Ord. 2158

CUP

—

Dwelling, Accessory

A,S

Section 7.030

Dwelling, Junior Accessory

A,S

Section 7.035

Dwelling, Single

—

Home Occupation

A,S(2)

Residential care, 7 or more clients

P(10)

CUP(10)

Residential care facility, adult

P(6)

—

CUP(10)

Residential care facility, for the chronically ill

P(6)

—

CUP(10)

Residential care facility, for the elderly

P(6)

—

CUP(10)

Residential in mixed use building

P(10)

Work/Live

P(6)

Ordinance No. 2300 N.C.S.

Section 7.050

4-9

Attachment 1 – Exhibit 1 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 Fueling Station/Gas station General retail Groceries/specialty foods - 25,000 sf or less Groceries/specialty foods - More than 25,000 sf Plant nursery Restaurant, café, 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

4-10

P(16) CUP S A — MU1A

Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory Use Use Not Allowed

Permit Required by Zone MU1B

MU1C

MU2

CUP P P CUP P CUP — P P P P P

— — — — — — — — — — CUP

CUP P — CUP P — P P — — P

P P P P(6) P P(6), (11) P P(6) P

P P P P(6) P P(6), (11) P P P

P — — — — P P — P

P P P P(6) P P(6), (11) P(6) P(6) P(6)

CUP P(6) — A(3) — P(12) CUP P P P — P(8)

CUP P(6) — A(3) CUP — — P P P P P(8)

CUP — A(4) A(3) — — — — — P — —

P P(6) — A(3) — — — P P P CUP P(8)

Ordinance No. 2300 N.C.S.

Specific Use Regulations

Chapter 10

Chapter 8

Section 7.060

Attachment 1 – Exhibit 1 TABLE 4.3

P(16)

Permitted Use

CUP

Conditional Use Permit Required

Permit Requirement in Specific Use Regulations

A —

Accessory Use Use Not Allowed

Allowed Land Uses and Permit Requirements for Mixed Use Zones

Permit Required by Zone MU1A

LAND USE TYPE (1) TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility

MU1B

MU1C

MU2

Parking facility, public or commercial

CUP

—

CUP

Telecommunications facility

Utility facility

CUP

—

CUP

Zero Emission Vehicles (Battery Charging Station)

A (18)

Zero Emission Vehicles (Hydrogen Fuel Cell Station)

CUP (19)

—

CUP (19)

Key to zone symbols MU1A - Mixed Use 1A

MU1C - Mixed Use 1C

MU1B - Mixed Use 1B

MU2 - Mixed Use 2

Specific Use Regulations

Section 7.090 & Muni Code 14.44

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) (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 (18)

Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for stations. (19) Allowed with CUP when located on site of an existing Fueling Station/Gas Station land use.

Ordinance No. 2300 N.C.S.

4-11

Attachment 1 – Exhibit 1 Commercial, Business Park, and Industrial Zones TABLE 4.4 Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones LAND USE TYPE (1) INDUSTRY, MANUFACTURING & PROCESSING

P(16)

Permitted Use

CUP

Conditional Use Permit Required

S A

Permit Requirement in Specific Use Regulations

— C1

Accessory Use Use Not Allowed

Permit Required by Zone C2

Artisan/craft product manufacturing

—

Catering service, as a primary use

P(6) —

Furniture and fixtures manufacturing, cabinet shop

P(6) —

—

Laboratory - Medical, analytical

—

Laboratory - Cannabis

—

P(16,17)

Laundry, dry cleaning plants

—

Manufacturing/processing - Light

—

Manufacturing/processing - Medium intensity

—

Manufacturing/processing - Cannabis

—

P(16,17)

Media production

—

Petroleum product storage and distribution

—

CUP

Printing and publishing

—

Recycling facility

—

CUP

Recycling facility - Scrap and dismantling yard

—

Retail Sale and Delivery - Cannabis

—

P(16,17)

Research and development

—

Storage yard- outdoor

—

CUP

Storage - warehouse, indoor storage

—

CUP

Wholesaling and distribution

—

CUP

—

CUP

—

P —

CUP

CUP —

LODGING Lodging - Hotel/Motel

Specific Use Regulations

PMC 10.15

RECREATION, EDUCATION & PUBLIC ASSEMBLY Cardroom Community Meeting Facility Commercial recreation - Indoor Commercial recreation - Outdoor

—

Conference/convention facility

—

CUP —

Fitness/health facility

Park

—

CUP

—

CUP

P —

P CUP

P —

P(6) —

CUP —

—

Sports and entertainment assembly Studio - Art, dance, martial arts, music, etc.

—

Emergency Shelter

—

Dwelling, Caretaker Home Occupation

—

A, S(2)

P —

Residential care, 7 or more clients

CUP(10)

—

School - Elementary, secondary, or college, private School - Specialized Education and Training

Chapter 9

—

RESIDENTIAL

4-12

Residential care, adult

CUP(10)

—

Residential care, for the chronically ill

CUP(10)

—

Residential care, for the elderly

CUP(10)

Residential in mixed use building

P(10)

—

Work/Live

P(6)

—

Ordinance No. 2300 N.C.S.

Section 7.050

Attachment 1 – Exhibit 1 TABLE 4.4 Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones LAND USE TYPE (1) RETAIL Adult oriented business Artisan Shop Auto vehical sales and rental Bar, tavern, night club Building and landscape materials sales - Indoor Building and landscape materials sales - Outdoor Fueling Station/Gas station General retail Groceries/specialty foods - 25,000 sf or less Groceries/specialty foods - More than 25,000 sf Plant nursery Restaurant, café, 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 Maintenance/repair service - Client site services Maintenance/repair service - Equipment, appliances Meals Assembly Business Mortuary, funeral home Personal services Personal services - Restricted Public safety facility Vehicle services - Major repair/body work Vehicle services - Minor maintenance/repair Veterinary clinic, animal hospital

P(16) CUP S A — C1

Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory Use Use Not Allowed

Permit Required by Zone C2

CUP P — CUP P — P— P P P P P

— — — — — — CUP — — — — — P(9)

— — — — — — — — — — — P(9)

P P P P(6) — P(6), (11) P P(6) P

P P P P P P P P P

P — P — — — — — —

P P — A(3) — — — P(12) — P P P — — P(8)

P P(6) — — — P — — — — — P — — P

— P(6) — — CUP P P — — — — P P P P

Ordinance No. 2300 N.C.S.

Specific Use Regulations

Chapter 10

Chapter 8

4-13

Attachment 1 – Exhibit 1 TABLE 4.4 Allowed Land Uses and Permit Requirements for Commercial, Business Park, and Industrial Zones LAND USE TYPE (1) TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE City water & sewer facility Parking facility, public or commercial Telecommunications facility Utility facility Zero Emission Vehicles (Battery Charging Station) Zero Emission Vehicles (Hydrogen Fuel Cell Station) Key to zone symbols: C1 - Commercial 1 C2 - Commercial 2

P(16) CUP S A —

Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory Use Use Not Allowed

Permit Required by Zone

P CUP

P —

CUP A (18) CUP (19)

CUP A (18) —

Specific Use Regulations

Section 7.090 & Muni Code 14.44

BP - Business Park I - Industrial

4-14

Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 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

P(16) CUP S A —

Permitted Use Conditional Use Permit Required Permit Requirement in Specific Use Regulations Accessory Use Use Not Allowed

Permit Required by Zone

Theater, cinema or performing arts

P CUP CUP CUP

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

Specific Use Regulations

Theater District Ord. 2158

CUP P P CUP P P P P S

Section 7.090 & Muni Code 14.44

Utility facility CUP Zero Emission Vehicles (Battery Charging Station) A (18) 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) 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

Ordinance No. 2300 N.C.S.

4-15

Attachment 1 – Exhibit 1 TABLE 4.6 OSP AND AG ZONE DEVELOPMENT STANDARDS

Requirement by Zone

Development Feature

Lot size

OSP Open Space & Parks

AG Agriculture

Minimum area and width required for each lot in a new subdivision

Minimum area Minimum width Interior lot Corner lot Minimum depth

20,000 sf

100 ft 110 ft

NA 130 ft Minimum setbacks required. See Chapter 12 for modifications, reductions, and encroachments. See Chapter 7 for any setback requirements applicable to a specific land use.

Setbacks Primary structure Front

40 ft1

30 ft

Side – Interior (each)

20 ft1

15 ft

Side – Street side

40 ft1

30 ft

Rear

40 ft1

30 ft

Garage front Detached Accessory Structure

40 ft1

30 ft

Not Permitted1

Not Permitted

Side – Interior (each)

4 ft1

4 ft

Side – Street

30 ft1

30 ft

Rear

5 ft1

Front

5 ft The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, patios and terraces.

Site coverage 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

Accessory Structure

25 ft

Usable Open Space Fencing, Landscaping, & Tree Preservation Parking

See Chapters 13, 14, and 17 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).

4-16

Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 TABLE 4.7 – RR AND R1 ZONE DEVELOPMENT STANDARDS

Requirement by Zone

Development Feature

Lot size

RR Rural Residential

R1 Residential 1

Minimum area and width required for each lot in a new subdivision

Minimum area Minimum width Interior lot Corner lot Minimum depth

2 acres1

20,000 sf1

150 ft 165 ft

100 ft 110 ft

150 ft 130 ft Minimum setbacks required. See Chapter 12 for modifications, reductions, and encroachments. See Chapter 7 for any setback requirements applicable to a specific land use.

Setbacks Primary structure 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 Detached Accessory Structure

40 ft

30 ft

Not Permitted

Side – Interior (each)

4 ft

Side – Street

40 ft

30 ft

Rear

5 ft

Front

Rear – Accessory Dwelling Site coverage Maximum coverage Primary structure Accessory structure, detached2 Height limit Maximum height

4 ft 4 ft The percent of the total site area covered by 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.

Principal Building

25 ft

Accessory Structure

15 ft

Accessory Dwelling

21 ft

Usable Open Space Fencing, Landscaping, & Tree Preservation Parking

See Chapters 13, 14, and 17 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.

Ordinance No. 2300 N.C.S.

4-17

Attachment 1 – Exhibit 1 TABLE 4.8 – R2 AND R3 ZONE DEVELOPMENT STANDARDS Development Feature

Lot size

R2 Residential 2

Requirement by Zone

R3 Residential 3

Minimum area and width required for each lot in a new subdivision

Minimum area Minimum width Interior lot Corner lot Minimum depth

6,000 sf1

4,000 sf1

50 ft 55 ft

40 ft 45 ft

70 ft 70 ft Minimum setbacks required. See Chapter 12 for modifications, reductions, and encroachments. See Chapter 7 for any setback requirements applicable to a specific land use.

Setbacks Primary structure Front

20 ft

15 ft

Side – Interior (each) Side – Street side Corner Lot Reverse Corner Lot

5 ft

3 ft

10 ft 15 ft

10 ft 10 ft

Rear

20 ft

15 ft

Garage front Detached Accessory Structure

20 ft

Not Permitted

Side – Interior (each)

4 ft

Side – Street

10 ft

Rear

5 ft

Front

Rear – Accessory Dwelling

4 ft 4 ft The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, patios and terraces.

Site coverage 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, detached2 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

Accessory Structure

15 ft

Accessory Dwelling

21 ft

600 sf

Usable Open Space Fencing, Landscaping, & Tree Preservation Parking

See Chapters 13, 14, and 17 See Chapter 11

Signs

4-18

Ordinance No. 2300 N.C.S.

Attachment 1 – Exhibit 1 TABLE 4.9 – R4 AND R5 ZONE DEVELOPMENT STANDARDS Development Feature

Lot size

R4 Residential 4

Requirement by Zone

R5 Residential 5

Minimum area and width required for each lot in a new subdivision

Minimum area Minimum width Interior lot Corner lot Minimum depth

3,500 sf1

1,500 sf1

35 ft 40 ft

NA NA

70 ft NA Minimum setbacks required. See Chapter 12 for modifications, reductions, and encroachments. See Chapter 7 for any setback requirements applicable to a specific land use.

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