ORDINANCE 2023-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING ORDINANCE CHAPTER 17.54, PARKING AND LOADING, SECTION
17.54.020, RESIDENTIAL OFF-STREET PARKING REQUIREMENTS FOR SMALL FAMILY AND LARGE FAMILY DAY CARE HOMES.
The City Council of the City of San Pablo does ordain as follows:
Section 1. The City Council makes the following findings, pursuant to Section 17.22.040 of the San Pablo Municipal Code:
A. This ordinance was initiated by City of San Pablo staff as a means of amending the San Pablo Zoning Ordinance to bring it into consistency with recent amendments to the California Health and Safety Code Section 1597.45 pertaining to licensing and regulations for family daycare homes , and has been recommended by the Planning Commission of the City of San Pablo following a duly noticed public hearing on June 27, 2023.
B. A duly noticed public hearing was held by the City Council on July 17, 2023 to consider this amendment to the Zoning Ordinance of the City of San Pablo codified as Title 17 of the San Pablo Municipal Code.
C. As described in the City Council staff report accompanying this Ordinance, the Ordinance is consistent with the City of San Pablo General Plan Policies for Economic Development, Parks, Schools, Community Facilities & Utilities and Health:
ED-G-2: Recruit community -serving retail, neighborhood- serving commercial, healthcare, and entertainment businesses and activities that meet the needs of residents.
ED-G-4: Attract professionals and skilled workers with local jobs to live in San Pablo.
PSCU-I-20: Revise the Zoning Ordinance to facilitate the provision of safe, affordable, conveniently -located, and high quality elder and child- care facilities with flexible hours.
HEA-G-5: Create com plete neighborhoods with access to a range of day -to-day goods and services within walking distance, including medical facilities, community services, youth programs, and employment opportunities, to increase the sense of social cohesion among residents.
D. As further described in the City Council staff report accompanying this Ordinance, this Ordinance is consistent with the purposes of the Zoning Ordinance:
Pursuant to Zoning Ordinance Section 17.01.020, “Purpose,” the purpose of the ordinance is to promote growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare in conformance with the general plan.
In addition, pursuant to Zoning Ordinance Section 17.32.010, “Purpose,” the ordinance helps to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan.
The ordinance helps to facilitate the provision of adequate childcare services in the City of San Pablo , helping to build healthy neighborhoods and improving the general welfare of the populace while also promoting the growth of small businesses.
E. Pursuant to the California Environmental Quality Act, the proposed amendment is not a “project” as defined by C EQA Guidelines section 15378 because it is an administrative action that does not authorize any construction or other action, and even if it is considered a project it is exempt pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that it will cause a significant effect on the environment.
Section 2. Section 17. 54.020, Residential off -street parking requirements, of the San Pablo Zoning Ordinance, is amended to read as follows
[Note: deletions indicated by strike-through and additions indicated by underline]:
17.54.020 Residential off-street parking requirements.
Residential off-street parking requirements for automobiles and similar vehicles shall be regulated by the type of use assoc iated with the land. The following off -street parking requirements shall apply in all zoning districts:
A. Caretaker Residence. Two spaces are required for a caretaker residence. The spaces shall be covered.
B. Day Care, Large Family. Two covered spaces plus one space, covered or uncovered, for each employee are required for a large family day care. No additional parking spaces are required for a large family day care beyond the number of spaces required for the principal use dwelling unit, in accordance with this section and with California Health and Safety Code Section 1597.45 .
C. Day Care, Small Family. Two covered spaces plus one space, covered or uncovered, for each employee are required for a small family day care. No additional parking spaces are required for a small family day care beyond the number of spaces required for the principal use dwelling unit, in accordance with this section and with Californian Health and Safety Code Section 1597.45.
D. Dwellings, Multiple-Family. Two covered spaces are required for each dwelling unit in a multiple-family dwelling. Both spaces shall be garage spaces, or one space may be a garage space and one space a carport space. Spaces for an individual unit may be in tandem, subject to approval of an administrative use permit.
E. Dwellings, Single-Family. The following provisions apply to attached and detached single-family dwellings:
1. For single-family dwellings located on a lot with a width of at least fifty feet, two enclosed parking spaces are required. If the spaces are located on the front half of the property, they must be enclosed in a garage with doors. If located on the rear half of the property, the spaces may be either in a garage or a carport. In either case, tandem spaces may be permitted subject to administrative review, and only if the driveway area in front of the garage or carport is at least eighteen feet long. Carports are not allowed in the front half of the property.
2. For single-family dwellings located on a lot with a width of less than fifty feet, two enclosed parking spaces are required. Alternatively, subject to administrative use permit, one space in a garage located in the front half of the lot and one uncovered space in the driveway for tandem parking may be provided if the driveway area is at least eighteen feet long. Carports are not allowed in the front half of the property.
3. Each driveway shall lead to a covered parking space.
4. Paved or unpaved driveways not leading to a required parking space are prohibited. In no case shall driveways or paved areas exceed fifty percent of the front and side street yards.
5. Only one driveway per parcel shall be allowed, except that a second driveway may be allowed on a corner lot to serve a secondary unit, subject to approval by the zoning administrator.
6. Carports. Only permanent structures are allowed. Carports are allowed on the rear half of lot and must meet setbacks.
F. Dwellings, Two Family (Duplexes). Two spaces per unit are required for two- family dwellings. If the spaces are located in the front half of the property, the required spaces must be garage spaces with garage doors. If located on the rear half of the property, the spaces may be either garage spaces or carport spaces. The parking spaces for each unit may be in tandem, subject to an administrative approval, and provided the driveway area is at least eighteen feet long. Carports are not allowed in the front half of the property.
G. Transitional or Supportive Housing. One-half parking space per unit, or based upon a site-specific parking and neighborhood analysis if less than this ratio is proposed. For supportive housing, no off-street parking is required where located within one-half mile of a public transit stop. Provided parking may be uncovered and shall use the multiple-family site planning criteria for parking lots in Appendix A of this title.
H. Mobile Home Parks. One space is required for each mobile home. The space shall be adjacent to the mobile home.
I. Residential Care Facilities. Two covered spaces plus one space, covered or uncovered, for each employee are required for a residential care facility.
J. Accessory Dwelling Units. Off -street parking requirements for accessory dw elling units are set forth in Section 17.60.070.
Section 6. Severability.
Where any section, subsection, sentence, clause, or phrase of these regulations is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared.
Section 7. Effective Date and Publication.
This Ordinance shall become effective thirty (30) days following its adoption. The City Clerk’s Office shall publish and post the Ordinance in accordance with California Government Code section 36933.
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First introduced at a regular meeting of the City Council of the City of San Pablo on July 17, 2023, and finally passed and adopted at a regular meeting of the City Council held on _____________________, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST: APPROVED:
____________________ ____________________
Dorothy Gantt, City Clerk Abel Pineda, Mayor