RIS312967 Uitfaseren tankstations bijlage 1
Tekst van het document
Setbacks Primary structure Front
10 ft
0 ft
Side – Interior (each)
0 ft
0 ft
Side – Street side
10 ft
0 ft
Rear
10 ft
0 ft
Garage front Detached Accessory Structure
20 ft
0 ft
Not Permitted
Not Permitted
Side – Interior (each)
4 ft
4 ft
Side – Street
10 ft
10 ft
Rear
5 ft
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. 60% NA 10% of the required setback area or 500 sf, whichever is greater NA Maximum allowable height of structures. See Glossary for height measurement requirements, and Chapter 12 for height limit modifications.
Principal Building
35 ft
45 ft3
Accessory Structure
25 ft
25 ft
Accessory Dwelling
21 ft
21 ft 400 sf/unit May include common open space
Usable Open Space Fencing, Landscaping, & Tree Preservation Parking
300 sf/unit
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. 3. An increase in height may be permissible as prescribed in Section 12.025. Ordinance No. 2300 N.C.S.
4-19
Attachment 1 – Exhibit 1 TABLE 4.10 MU1 AND MU2 ZONE DEVELOPMENT STANDARDS Development Feature Lot size
MU1 Mixed Use 1
Requirement by Zone
MU Mixed Use 2
Minimum area and width required for each lot in a new subdivision
Minimum area
NA
2,000 sf
Minimum width
NA
NA
Minimum depth Setbacks Primary structure Front
Side – Interior (each) Side – Street side
Rear Garage front Detached Accessory Structure Front
NA 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. 0 ft minimum 0 ft 10 ft maximum 0 ft minimum 0 ft 10 ft maximum Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft 0 ft 0 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft 0 ft minimum 10 ft maximum 0 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft
NA
NA
Not Permitted
Not Permitted
Side – Interior (each)
4 ft
4 ft
Side – Street
10 ft
10 ft
Rear
5 ft
5 ft
Rear – Accessory Dwelling
Site coverage Maximum coverage2 Height limit Maximum height
4 ft Floor Area Ratio. The gross floor area of all buildings on a lot divided by the building site area.
4 ft Site Coverage. The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, patios and terraces. 80 % 2.5 floor area ratio 100% for structured parking Maximum allowable height of structures. See Glossary for height measurement requirements, and Chapter 12 for height limit modifications.
Principal Building
30 ft1
45 ft
Accessory Structure
20 ft
20 ft
30 sf/unit2
30 sf/unit2
Usable Open Space Fencing, Landscaping, & Tree Preservation Parking
See Chapters 13, 14, and 17 See Chapter 11
Signs See Chapter 20 1. When the building is more than 30 feet from an abutting property line, one additional foot of height is permitted with each additional foot of setback over 30 feet for a maximum building height of 45 feet.
4-20
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 2. See Section 7.030. Does not apply to accessory dwelling units 800 sf or less. 3. The minimum depth of usable open space is 3 feet. Usable common open space is strongly encouraged.
Ordinance No. 2300 N.C.S.
4-21
Attachment 1 – Exhibit 1 TABLE 4.11 – C1 AND C2 ZONE DEVELOPMENT STANDARDS Development Feature
Lot size
Requirement by Zone
C2 Commercial 2
Minimum area and width required for each lot in a new subdivision
Minimum area
NA
NA
Minimum width
NA
NA
Minimum depth
NA 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.
Setbacks Primary structure Front
0 ft 0 ft
0 ft 0 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft
0 ft 0 ft
0 ft 0 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft
Abutting an R District: 15 ft plus 1 foot of additional setback for each foot of building height over 20 ft
NA
NA
Not Permitted
Not Permitted
Side – Interior (each)
4 ft
4 ft
Side – Street
10 ft
10 ft
Side – Interior (each) Side – Street side
Rear Garage front Detached Accessory Structure Front
Rear Site coverage Maximum Coverage Floor Area Ratio Height limit Maximum height
0.8 1.2 Maximum allowable height of structures. See Glossary for height measurement requirements, and Chapter 12 for height limit modifications. 30 ft
40 ft
Accessory Structure
15 ft
15 ft
NA
NA
Fencing, Landscaping, & Tree Preservation Parking Signs
5 ft 5 ft Floor Area Ratio. The gross floor area of all buildings on a lot divided by the building site area.
Principal Building Usable Open Space
4-22
C1 Commercial 1
See Chapters 13, 14, and 17 See Chapter 11 See Chapter 20
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 TABLE 4.12 – BP AND I ZONE DEVELOPMENT STANDARDS Development Feature
Lot size
Requirement by Zone
I Industrial
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
20,000 sf
100 ft 110 ft
100 ft 110 ft
100 ft 100 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 Side – Interior (each) Side – Street side Rear Garage front Detached Accessory Structure Front
0 ft 0 ft Adjacent to a non-industrial or nonbusiness park use: 20 ft
0 ft 0 ft Adjacent to a non-industrial or nonbusiness park use: 20 ft
0 ft 0 ft Adjacent to a non-industrial or nonbusiness park use: 20 ft
0 ft 0 ft Adjacent to a non-industrial or nonbusiness park use: 20 ft
NA
NA
Not Permitted
Not Permitted
Side – Interior (each)
4 ft
4 ft
Side – Street
10 ft
10 ft
Rear Site coverage Maximum Coverage Floor Area Ratio Height limit Maximum height
5 ft 5 ft Floor Area Ratio. The gross floor area of all buildings on a lot divided by the building site area. 1.5 0.6 Maximum allowable height of structures. See Glossary for height measurement requirements, and Chapter 12 for height limit modifications.
Principal Building
40 ft
40 ft
Accessory Structure
15 ft
15 ft
NA
NA
Usable Open Space Fencing, Landscaping, & Tree Preservation Parking Signs
BP Business Park
See Chapters 13, 14, and 17 See Chapter 11 See Chapter 20
Ordinance No. 2300 N.C.S.
4-23
Attachment 1 – Exhibit 1 TABLE 4.13 – CF ZONE DEVELOPMENT STANDARDS
Requirement by Zone
Development Feature
Lot size
Minimum area and width required for each lot in a new subdivision
Minimum area Minimum width Interior lot Corner lot Minimum depth
Same as abutting zoning district Same as abutting zoning district Same as abutting zoning district 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
Same as abutting zoning district
Side – Interior (each)
Same as abutting zoning district
Side – Street side
Same as abutting zoning district
Rear
Same as abutting zoning district
Garage front Detached Accessory Structure
Same as abutting zoning district
Front
4 ft
Side – Street
10 ft
Site coverage Maximum coverage Primary structure Accessory structure, detached Height limit Maximum height
5 ft The percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, patios and terraces. Same as abutting zoning district Same as abutting zoning district 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
Usable Open Space Fencing, Landscaping, & Tree Preservation Parking Signs
Not Permitted
Side – Interior (each)
Rear
4-24
CF Civic Facilities
NA See Chapters 13, 14, and 17 See Chapter 11 See Chapter 20
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1
THIS PAGE INTENTIONALLY LEFT BLANK
Ordinance No. 2300 N.C.S.
4-25
Attachment 1 – Exhibit 1 Chapter 11
Parking and Loading Facilities, Off-Street
11.010 - Purpose of Off-Street Parking and Loading This chapter establishes regulations to reduce street congestion and traffic hazards in the City of Petaluma by incorporating safe, adequate, attractively designed facilities for off-street parking and loading as an integral part of every use of land in the City requiring such facilities and by providing adequate shower facilities in commercial settings to encourage employee bicycle commuting to and from the workplace. 11.020 - Definitions The following definitions shall apply to this chapter: A.
Floor Area. In the case of office, merchandise or service uses, the gross area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients including areas occupied by fixtures and equipment used for display or sales of merchandise. It does not include areas used principally for non-public purposes, such as storage and incidental repair.
B.
Off-Street Parking Space. A permanently surfaced area for automobile and bicycle parking which has been delineated, in accordance with City standards, located either within a structure or in the open, excluding aisles, driveways and access drives.
C. Off-Street Parking Facility. A site, or a portion of a site, devoted to off-street parking of automobiles and bicycles, including parking spaces, aisles, access drives and landscaped areas, and providing automobile and bicycle access to a public street or bikeway. 11.030 - Off-Street Parking – General Regulations The following general requirements apply to off-street parking: A.
Off-Street Parking. There shall be provided on the same site with any use off-street parking, spaces for automobiles and bicycles in accordance with the requirements of this Chapter, or as provided in Section 11.040 (Alternatives to On-Site Parking). In all cases where bicycle parking is required, bicycle parking shall not be more inconveniently located than car parking and attempts should be made to have bicycle parking more convenient. All deviations from the City of Petaluma Municipal Code or the City of Petaluma Zoning Ordinance regarding bicycle parking shall be routed through the PBAC. Where existing buildings not now meeting these requirements are proposed to be enlarged or increased in capacity in excess of ten percent (10%), in any district except as provided in Table 11.1 for addition of new bedrooms, off-street parking shall be provided as required herein for the entire floor area of the structure.
B.
Off-Street Parking Facilities to Serve One Use. Off-street parking facilities for one use shall not be considered as providing required off-street parking facilities for any other use except as provided for in Section 11.065(C).
C. More Than One Use on a Site. If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Chapter for each use. 11.035 - Exception to Off-Street Parking Sites and structures located in a municipal parking assessment district are exempt from the requirement to provide off-street parking facilities. 11.040 - Alternatives to On-Site Parking A.
The requirements of Section 11.030(A) shall be considered satisfied if the required parking is provided up to six hundred (600) feet from the site of the use being served and the required bicycle parking is provided up to 100 feet from the site, such distance being measured along the shortest available route of pedestrian access to the primary building entrance. The determination of the distance to be permitted (0-600’) shall be made by the Community Development Director on a case-by-case basis. The Director shall consider the following in making the determination: type of use being served; ease of bicycle and pedestrian access from the off-site location to the site
Ordinance No. 2300 N.C.S.
11-1
Attachment 1 – Exhibit 1 being served; characteristics of the off-site parking facility(s); potential adverse effects that reduced on-site parking may present to the immediate area; term of off-site rental/lease arrangements. This alternative does not apply to residential parking. B.
Requirements for the provision of parking facilities, with respect to two or more establishments on the same or different sites, may be satisfied by the permanent allocation of the requisite number of spaces for each use in a common parking facility, located not farther than three hundred (300) feet measured along the shortest available route of pedestrian access from the site of any such participating use. In such cases, bicycle parking shall still be required adjacent to each building.
C. The Director may approve valet parking in place of on-site parking. For purposes of this section, valet parking is defined as an approved parking facility more than 300 feet from the facility served, together with a developer or occupant-provided service which either provides on-demand customer transportation to the facility from the parking area, and vice-versa, or which provides attendants to park and retrieve customer vehicles from the parking area. The following standards shall apply to valet parking: 1.
The lot to be used for valet parking must be able to accommodate the number of parking spaces that are required in Section 11.060 of this Ordinance. The on-site parking spaces being provided for this use may be deducted from the total number required in Section 11.060.
2.
The standards for off-street parking facilities in Section 11.070 of this Ordinance shall apply to valet parking lots except that, if attendants will park the cars, the requirements of Sections 11.070(A) and (B) may be relaxed, consistent with practical design standards.
3.
Valet parking lots shall not be permitted in residential zoning districts (RR, R1, R2, R3, R4, R5, MH, or residential P.U.D. districts).
4.
The valet parking lot shall be located within 1/2 mile of the use that it serves.
5.
If the valet parking lot serves more than one use, the number of spaces provided shall be equal to the sum of the requirements prescribed in Section 11.060 for each use.
6.
The valet parking service (attendants or transportation) shall be maintained in service during all hours of operation of the facility served.
7.
At any time that the valet parking lot is no longer available for use as a valet parking lot for the approved use, that use shall cease or be reduced to an intensity consistent with available off-street parking until such time as the required off-street parking can be provided.
8.
The applicant for valet parking shall be required to submit proof of entitlement to use the proposed valet parking area (lease, rental agreement, ownership) and any permit granted pursuant to this ordinance may be conditioned upon the duration of such entitlement.
11.050 - Planned Districts Separate parking requirements may be adopted pursuant to Chapter 19 for Planned Unit. The more restrictive requirements of this Zoning Ordinance or the Planned District regulations shall prevail. 11.060 - Number of Automobile Parking Spaces Required The number of automobile parking spaces required shall be determined as indicated in Table 11.1.
11-2
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 Table 11.1 Use
Number of Parking Spaces Required
Artisan/Craft Product Manufacturing
1 space per 500 square feet of gross floor area
Artisan Shop
1 for each 300 gross square feet of floor area
Auto and Vehicle Sales
1 for each 400 square feet of gross floor area
Auto Parts 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 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 or 1 for each 60 square feet of gross floor area if there are no fixed seats No additional parking requirements apply beyond what currently exists for the existing primary dwelling See specific use regulations in Section 7.030
Conference/Convention Facility
Dwelling- Accessory
DwellingSingle including Attached Townhomes DwellingSingle Addition of New Bedrooms
5 for each alley
Household, Household
DwellingSingle Household Conversion of Required Covered Parking to Living Space
1 covered space plus 2 additional covered or uncovered spaces 1 additional space for each additional bedroom over 4 bedrooms Space(s) converted to living quarters replaced with covered or uncovered parking space No replacement parking required for conversions to accessory dwelling units or junior accessory dwelling units.
Dwelling- Mobile Home Park
2 for each mobile home space in the park
Dwellings- Multiple Household
1 which may be covered or uncovered for each bedroom, studio, or efficiency unit. In no case shall a project provide an overall parking ratio of less than 1.5 spaces per unit.
Fueling/Gas Stations
1 for each Pump Island, plus 1 for each Service Bay, plus 1 for each Employee on the Maximum Shift
Ordinance No. 2300 N.C.S.
11-3
Attachment 1 – Exhibit 1 Funeral Homes, Mortuaries 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
Manufacturing/Processing
1 space per 500 square feet of gross floor area
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, Processing, Professional
1 for each 300 gross square feet of floor area
Public/Civic Buildings and Grounds other than Schools and Administrative Offices
1 for each 2 employees on the maximum shift
Religious Facilities
1 for each 4 seats
Restaurant, Coffee Shop, Café
1 for each 2.5 seats
Rooming, Boarding, Lodging Houses
1 for each bedroom
School-Private Elementary and Junior High
1 for each employee on the maximum shift
School-Private High School and College
1 for each employee on the maximum shift 1 for each 2 students
School- Specialized Education and Training
1 for each employee on the maximum shift 1 for each 2 students
Sports and Entertainment Assembly Facility
1 for each 3.5 seats of maximum seating capacity or 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
Theater, Cinema or Performing Arts
1 for each 3.5 seats of maximum seating capacity or 1 for each 60 square feet of gross floor area if there are no fixed seats
Vehicle Services- Major and Minor
1 for each 400 square feet of gross floor area
Wholesaling and Warehouse
1 space per 500 square feet of gross floor area
Unspecified Uses of Buildings, Structures, or Premises
11-4
1 for each 5 seats for the aggregate number of seats provided in all assembly rooms of the mortuary
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
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 11.065 - Power of the Zoning Administrator (Director) to Modify Requirements The provisions of this section as to number of spaces may be modified by the Zoning Administrator (Director) in the following cases only. Any other request for modification shall be submitted as, and meet the tests for, a variance. If the modification pertains to bicycle parking, it shall be routed through the PBAC as well. A.
Compact spaces may be proposed as set forth within the adopted City standards, subject to review and approval of the Planning Commission.
B.
The number of spaces required may be modified for uses such as elderly housing or retirement homes where it can be demonstrated that automobile use or ownership is significantly lower than for other dwelling or lodging houses.
C. When a common off-street parking facility, located within three hundred (300) feet of the uses served will provide twenty (20) or more parking spaces, the total number of parking spaces required for all the uses served may be reduced by not more than twenty-five (25) percent upon the obtaining of a conditional use permit. The Zoning Administrator (Director) shall determine prior to granting a conditional use permit for such a reduction that the typical use of the off-street parking facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility. 11.070 - Standards for Off-Street Automobile Parking Facilities All off-street parking facilities shall conform with the following standards: A.
Aisles. Access to each off-street automobile or bicycle parking space shall be from a driveway or aisle, which is sufficient for readily turning and maneuvering automobiles and bicycles.
B.
Access. Each parking space shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. No off-street parking facility for five (5) or more spaces in an R District shall be designed so that vehicles must back across a sidewalk in order to gain access to a street or alley. When a parking facility does not abut a public or private street, alley, or access easement, there shall be provided an access drive of not less than twenty (20) feet in width, except as follows: 1.
Drives furnishing access to parking facilities serving from three (3) to ten (10) dwelling units shall be not less than twelve (12) feet in width and drives serving two (2) or fewer dwelling units shall be not less than ten (10) feet in width.
2.
Where separated one-way access drives are proposed, these shall consist of two (2) drives each of which shall not be less than twelve (12) feet in width.
C. Site Distance. Each entrance and exit to a parking lot or driveway shall be constructed and maintained so that any vehicle entering or leaving such parking lot shall be clearly visible a distance of not less than fifteen feet (15’) to a person approaching such entrance or exit on any abutting pedestrian walk or foot path and not less than thirty feet (30’) to a person approaching such entrance or exit on any abutting bikeway. D. Driveway Gradients. The maximum gradient for an aisle or drive connecting off-street parking space(s) with the public right-of-way shall not exceed fifteen (15) percent except in hilly areas where maximum gradient shall not exceed eighteen (18) percent and the maximum change in gradient of any such aisle or drive shall not exceed twelve (12) percent rise or eight (8) percent decline in any thirty (30) linear feet. E.
Parking in Required Yards. Parking areas for other than single-family, residential duplex, and bed and breakfast structures shall not be permitted in required front setback or required street side setback.
F.
Permanent Surface. Parking areas, aisles, and access drives shall be constructed and maintained to provide a durable, dustless surface and shall be graded and drained to dispose of surface water without damage to private or public properties, streets, or alleys.
Ordinance No. 2300 N.C.S.
11-5
Attachment 1 – Exhibit 1 G. Lighting. Any lights provided to illuminate a parking facility shall be arranged so as to reflect the light away from any adjacent properties, streets or highways. H. Repair Work. No repair work or servicing of vehicles shall be conducted on parking area. I.
Parking Stall Size. Parking stall size shall be determined by the Planning Commission in the Site Plan and Architectural Review Procedures and Guidelines.
J.
Landscape Reserve. Parking spaces required Industrial and Business Parks zoning districts that exceed current employment needs may be reserved as landscaped area, subject to approval by the Director.
11.080 - Site Plan Approval All parking facilities except those provided for permitted principal uses in the A, RR, R1, R2, and R3 Districts shall be subject to site plan approval as provided in Section 24.010 of this ordinance, and all areas not used for parking spaces and access drives shall be landscaped in accordance with the standards of Chapter 14 herein. 11.090 - Standards for Bicycle Facilities The following bicycle facilities shall be provided: A.
Number of A Bicycle Parking Spaces Required. The number of bicycle parking spaces required shall be a minimum of 10% of the automobile spaces required, except for Commercial Recreation and Community Facilities which shall provide a minimum of 25% of the automobile spaces required.
B.
Type of Bicycle Parking. The City shall require the installation of a certain percentage of Bicycle Parking (bicycle locker and guarded parking, covered and uncovered bicycle racks) depending on the type of land use. Unless otherwise specified on a case by case basis, of the total bicycle spaces required 60% should be bicycle lockers, another form of enclosed bicycle parking, or guarded parking and 40% should be bicycle racks covered. The intent of this requirement is to provide secure parking at locations where employees and customers will be parking for long periods of time, in particular adjacent to any areas close to public transportation. All deviations from this requirement shall be routed through the PBAC.
C. Showers. Employee shower facilities shall be provided for any new building constructed or for any addition to or enlargement of any existing building in compliance with the Table 11.2: Table 11.2
Use
Number of Showers Required
Medical, Professional General Business Offices, Financial Services, Business and Trade Schools, General Business Services, Research and Development, Manufacturing
11-6
Less than 10,000 gross square feet 10,000-19,999 gross square feet 20,000 – 49,999 gross square feet More than 50,000 gross square feet
None 1 2 4
Retail, Personal Services, Eating and Drinking Establishments Less than 10,000 gross square feet 10,000 -24,999 gross square feet 25,000 – 49,999 gross square feet More than 100,000 gross square feet
None 1 2 4
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 11.095 – Modifications The provisions of this section as to square footage requiring showers may be modified. Any request for modification shall be routed through the Petaluma Bicycle Advisory Committee for recommendation to the Planning Commission. 11.100 - Off-Street Loading Berth Requirements For every building or addition, the number of off-street loading berths required shall be as indicated in Table 11.3. Table 11.3 Use
Number of Loading Berths Required
Motels, hotels, restaurants, public and private business and administrative office, post offices, hospitals, sanitariums, nursing homes, and charitable and religious institutions and clubs less than 5,000 sq. ft. of gross floor area 5,001 to 50,000 sq. ft. of gross floor area 50,001 to 150,000 sq. ft. of gross floor area each additional 150,000 sq. ft. of gross floor area
0 1 2 1
Commercial and industrial establishments, including retail stores, personal service establishments, commercial service enterprises, warehouses, storage facilities, manufacturing plants, and other industrial uses less than 12,500 sq. ft. of gross floor area 12,501 to 20,000 sq. ft. of gross floor area 20,000 to 30,000 sq. ft. of gross floor area 30,000 to 50,000 sq. ft. of gross floor area 50,000 to 75,000 sq. ft. of gross floor area each additional 25,000 sq. ft. of gross floor space
1 2 3 4 5 1
Offices, public buildings other than administrative offices, schools and colleges, places of public assembly, charitable and religious institutions and clubs not used for human habitation, and public utility and public service structures and installations, when any of the foregoing requires the recurring receipt, delivery, or distribution of goods or equipment by truck Mortuaries
One loading berth, plus such additional berths as may be prescribed by the Zoning Administrator (Director)
1 2 1
less than 5,000 sq. ft. of gross floor area 5,000 to 10,000 sq. ft. of gross floor area each additional 5,000 sq. ft. of gross floor space
Cemeteries, columbaria and crematories
One berth plus the number of additional berths prescribed by the Zoning Administrator (Director)
Any other use which requires the recurring receipt or distribution of goods or equipment by truck
One berth plus the number of additional berths prescribed by the Zoning Administrator (Director)
Ordinance No. 2300 N.C.S.
11-7
Attachment 1 – Exhibit 1 11.105 - Power of the Zoning Administrator to (Director) to Modify of Increase Requirements The provisions of this section as to number of spaces may be modified or increased by the Zoning Administrator (Director) in the following cases only. Any other request for modification shall be submitted as, and meet the tests for, a variance. If the modification pertains to bicycle parking, it shall be routed through the PBAC as well. A.
The number of off-street loading spaces may be reduced by not more than ten (10) percent when a common loading facility is provided within three hundred (300) feet of the uses served, upon the obtaining of a conditional use permit. The Zoning Administrator (Director) shall determine prior to granting a conditional use permit for such a reduction that the typical use of the off-street loading facility would be staggered to such an extent that the reduced number of spaces would be adequate to serve all uses sharing the facility.
B.
Off-street loading berths in addition to those prescribed in the schedule of off-street loading berth requirements shall be provided if the Zoning Administrator (Director) finds that such additional berths are necessary to ensure that trucks will not be loaded, unloaded, or stored on public streets. A finding of the Zoning Administrator (Director) shall be based on an investigation of the anticipated frequency of truck pick-ups and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required.
11.110 - Off-Street Loading Facilities – General Regulations The following general requirements apply to off-street parking: A.
At the time of initial occupancy, major alteration, or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accordance with the schedule of off-street loading berth requirements prescribed in Section 11.100. For the purpose of this section, the terms “major alteration” or “enlargement” shall mean a change of use or an addition which would increase the number of loading berths required by not less than ten (10) percent of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 11.100 in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.
B.
Location of Off-Street Loading Facilities. Off-street loading facilities prescribed in Section 11.100, inclusive, shall be located on the same site with the use for which the berths are required or on an adjoining site.
C. Off-Street Loading Facilities to Serve One Use. Off-street loading facilities for one use shall not be considered as providing required off-street loading facilities for any other use except as provided for in Section 11.105. D. More Than One Use on a Site. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this article for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required, offstreet loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. E.
Space allocated to any off-street loading berth shall not, while so located, be used to satisfy the space requirements for any off-street parking facility.
11.120 - Standards for Off-Street Loading Facilities All off-street loading facilities shall conform to the following standards: A.
11-8
Each loading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen (14) feet, except that for mortuaries, cemeteries, columbariums and crematories, a loading berth used exclusively for hearses shall be not less than twenty-four (24) feet in length and ten (10) feet in width and shall have an overhead clearance of not less than eight (8) feet.
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 B.
Such space may occupy all or any part of any required setback, except front and street side setbacks, and shall not be located closer than fifty (50) feet to any lot in any R District, unless enclosed on all sides by a wall not less than eight (8) feet in height.
C. Sufficient room for turning and maneuvering vehicles shall be provided on the site. D. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley. E.
Entrances from and exits to streets and alleys shall be designed to minimize traffic congestion and shall be placed at locations approved by the Zoning Administrator (Director).
F.
The loading area, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys.
G. Bumper rails shall be provided at locations approved by the Zoning Administrator (Director) where needed for safety or to protect property. H. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare. I.
No repair work or servicing of vehicles shall be conducted in a loading area.
J.
Landscaping and screening, in accordance with the standards of Chapter 14.
Ordinance No. 2300 N.C.S.
11-9
Attachment 1 – Exhibit 1
THIS PAGE INTENTIONALLY LEFT BLANK
11-10
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 Chapter 22
Non-Conforming Uses
22.010 - Purpose The purpose of the regulation of non-conforming uses is to control, reduce, or eliminate conflicts arising from the presence in any district of uses or structures not conforming to district regulations. Where the degree of conflict is sufficiently great as to constitute an impairment of public welfare, peace, or safety, it is the intent of this Chapter to provide an equitable process for the removal of such uses or structures. 22.020 - Definitions A.
Non-conforming use. A non-conforming use is one which was originally legal, but which does not presently conform to the provisions of the district in which it is situated. Any previously existing use for which district regulations now require a use permit shall be deemed to be non-conforming until such a permit is secured.
B.
Non-conforming structure. A non-conforming structure is one which was legal at the time of construction, but which does not presently conform to the provisions of the district in which it is situated. Any previously existing structure, including a sign or sign structure, for which district regulations now require a use permit, shall be deemed to be non-conforming until such a permit is secured.
22.030 - Regulation of Non-conforming Uses and Structures Except as otherwise provided in Section 22.035, All non-conforming uses and structures or shall be subject to the following regulations: A.
Modifications to Non-Conforming Uses and Structures. A non-conforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a nonconforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have non-conforming setbacks may be altered or added to, provided that such alterations and additions would not result in a greater non-conformity of setbacks and provided further that minimum setback of ten (10) feet are maintained for a principal structure’s front and rear setbacks, three (3) feet for a principal structure’s side setback, and three (3) feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities).
B.
Modifications to Non-Conforming Structures and Accessory Dwelling Unit Conversions. A non-conforming structure that will be converted to an accessory dwelling unit may be reconstructed to occupy the same location, building footprint, and height as the existing structure. A conversion or reconstruction for the purposes of creating a new accessory dwelling unit that is proposing expansion to a nonconforming structure, such as a second story, must provide setbacks of no less than four feet from the side and rear lot lines.
C. Change of Use. No non-conforming use shall be changed to another non-conforming use without approval by the Planning Commission and then only to a use which, in the opinion of the Commission, is of the same or of a more restricted nature. D. Discontinuation of a Non-Conforming Use of a Structure. A non-conforming use of a structure shall not be reestablished if such use has been discontinued for a period of twelve (12) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume use of a non-conforming structure shall not confer the right to do so. E.
Discontinuation of a Non-Conforming Use of Land. A non-conforming use of land, not involving a structure other than fences, signs, and buildings less than four hundred (400) square feet in area shall not be re-established if such use of land has been discontinued for a period of three (3) months or more, or has been changed to, or replaced by, a conforming use. Intent to resume a non-conforming use of land shall not confer the right to do so.
F.
Damage to a Non-Conforming Structure. A non-conforming structure which is damaged by fire, flood, or act of God to an extent exceeding fifty (50) percent of its value, as determined by a methodology based on comparable
Ordinance No. 2300 N.C.S.
22-1
Attachment 1 – Exhibit 1 neighborhood values as approved by the Director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated. G. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed necessary. 22.035 - Regulation of Non-conforming Fueling Station/Gas Station Uses and Structures A.
Purpose. To support implementation of General Plan Policy 4-P-10 through regulations that: 1. 2. 3.
B.
Provide for the continued operation of Fueling Station/Gasoline Station uses as legal non-conforming uses and describe when they may be deemed abandoned. Allow alterations to Fueling Station/Gasoline Stations when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of zero emission vehicles, or enable other uses permitted within the respective zoning district. Prohibit Fueling Station/Gasoline Station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.
Applicability. This section applies to: 1. 2.
All lawfully developed and operating Fueling Station/Gasoline Station uses in existence prior to [insert ordinance effective date; e.g., April 16, 2021]. All Fueling Station/Gasoline Station uses not yet developed and/or operating but subject to an approved and unexpired land use permit.
C. Modifications to Fueling Stations/Gas Station Uses, Generally. Except as provided below, Fueling Station/Gas Station uses and structures related thereto shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. As determined by the Zoning Administrator, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers). D. Modifications to Improve Soil, Groundwater and Stormwater Quality. Fueling Station/Gas Station uses may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater. E.
Modifications to Improve Traffic Safety. As determined by the City Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a Fueling Station/Gas Station use may be modified to improve public safety.
F.
Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fueling Station/Gas Station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for battery charging stations.
G. Modifications to Enable Zero Emission Vehicles (Hydrogen Fuel Cell Station). Fueling Station/Gas Station uses may be altered to include facilities for the storage, conveyance and dispensing of hydrogen to zero emission vehicles. H. Modifications for Commercial Uses Other Than Fossil Fuel Sales. Fueling Station/Gas Station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales and provided for in the respective zoning district. I.
Discontinuation of a Fueling Station/Gas Station Uses or Structures. A Fueling Station/Gas Station use shall not be re-established if such use has been discontinued for a continuous period of twelve (12) months or more, or
Ordinance No. 2300 N.C.S.
Attachment 1 – Exhibit 1 has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Zoning Administrator may extend the 12-month timeframe when presented with documentation demonstrating construction has been pursued diligently and timely. J.
Applicability of Section 22.030 Requirements to Fueling Station/Gas Station Uses and Structures. Paragraphs (C), (F) and (G) of Section 22.030 also apply to fueling station/gas station uses and structures regulated pursuant to this section. The requirements of paragraphs A, B, D and E of Section 22.030 do not apply to fueling station/gas station uses and structures regulated pursuant to this section.
22.040 - Non-Conformity by Reason of Non-Compliance with Performance Standards or Absence of a Conditional Use Permit A.
Any use which is non-conforming at the time of the adoption of this Ordinance by reason of non-compliance with performance standards established in Chapter 21 shall adopt measures necessary to conform therewith within five (5) years of the adoption of this Ordinance.
B.
Any use which is non-conforming by reason of failure to secure a use permit shall be subject to the regulations of Section 22.030 until such time as a use permit is secured.
22.050 - Construction Approved Prior to Ordinance A building, structure or part thereof which does not conform to the regulations for the district in which it is situated, but for which a building permit was issued prior to the enactment of this Ordinance may be completed providing work is prosecuted continuously and without delay. Such building, structure or part thereof shall be deemed to be a non-conforming use and shall thereafter by subject to the restrictions set forth herein.
Ordinance No. 2300 N.C.S.
22-3
ATTACHMENT 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF THE SMARTCODE TO MODIFY SECTION 3 (BUILDING FUNCTION STANDARDS) AND SECTION 9 (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 describes 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 Implementing Zoning Ordinance (“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 SmartCode as set forth below in 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; and
•
General Plan Policy 4-P-8 states, “Support, where feasible, the development of alternative fuel stations,” and the SmartCode 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 SmartCode 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 than 2045 - the goal set by Governor Brown’s Executive Order B-55-188,” and to Page 1 of 8
ATTACHMENT 2 accelerate climate adaptation and resilience strategies; and •
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; and
•
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; and
•
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 Zoning Text Amendments would codify a prohibition on new, not already approved gas stations, include new uses of Zero Emission Vehicles (Battery Charging Station and Zero Emission Vehicles (Hydrogen Fuel Cell Station), and modify definitions; 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 SmartCode 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; and 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 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 Page 2 of 8
ATTACHMENT 2 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 8
ATTACHMENT 2 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 8
ATTACHMENT 2 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 8
ATTACHMENT 2 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: •