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- Pi. -Q® t,��c-� ei a.1-(5-O D Our old code, 11000 was written before Work/Live and Live/Work occupancy components were in existence. Since 11000's first writing as 9500 it just omitted all residential from its industrial zone. Today, many cities' around the country have adopted Work/Live in their industrial zones and then allowed Work/Live and Live/Work in the liberal commercial and mixed use zones. The City of Miami is trying hard with Miami 21 to bring building occupancy, its uses and redevelopments forefront to enhance districts and rehabilitate neighborhoods. The idea is not just to preserve the job base but create more and enhance jobs and afford business opportunity for our residences. Today the petitioners are here with their request to ask this Commission to first downzone needed lands for business industry and then to venture into spot zoning which is illegal. This request is only because the antiquated 11000 codes do not have the occupancy use component called WORKJLIVE. The new Miami 21 is still trying to describe its D-1 and D-2 uses and designate them to their respective community areas. If these petitioners are asking for a Live/Work component this is strictly a primary residential use with incidental very restrictive commercial use. Very similar to a home office but with the ability to obtain a certificate of use. This intense residential Use would be better located in the mixed use areas similar to 11000's C-1 and Miami 21's T-5. Please recognize there is a very big difference between Work/Live and Live/Work. Work/Live is work, the shop area, being the primary use with the live area restricted and only incidental to the primary shop use. Conversely, where as in the live/work component live is the primary use with work only as incidental to the unit's primary use as a residential habitat. Work/Live and Live/Work are occupancies that will be a major rehabilitative catalyst for the enhancement of the City's Industrial and Commercial areas of District Five. This Commission must take charge and recognize this is the "Vision of Progress" for District Five. Little River Industrial Park with this new multi adaptive zone use will be the success and benchmark for other City's to follow. You want Miami 21 to be visionary. Well then lets take a break from all the hype in Miami 21's fight with residential high-rise developers and their T zones and concentrate on this City's grass roots industrial business area with its jobs and supporting community. There is no need to spot zone. You are the official's elected by the community. You hired DPZ, you ordered area studies and Miami 21's criteria is still being written. You tell them what is best and that deep down you know this can work. Enhancement of this neighborhood jobs zone verses Abandonment of the zone. You do know what is best. If Mr. Sacks or the other petitioner covenant their project's to be true Work/Live shops, tell DPZ this is it, enhance this industrial area with this new trend of occupancy and make it happen. To illegally spot zone or to begin segmenting down zoning in this industrial zone is in nobody's best interest. I have nothing against Mr. Sacks project as a true Work/Live facility as approved throughout the nations city's in the enhancements of their industrial areas. Downzoning by Spot - Zoning is not the way. Work/Live is new to this City. With this Commissions vision and demands, the melding of Work/Live to this industrial area is a win for the building/owner redeveloper; and its a win for the neighborhood by the enhanced variety and vitality of all the area uses and increases within the jobs base. This unique multifunctional occupancy will rekindle this Districts industrial and business community. This districts challenge to you, is make it happen. (Enclosed are examples of zoning codes of other city's application of work/live and live/work) Thank you, Bennet Pu 01-30 e.d ITTED INTO TA{E,� PUBLIC RECORD FOR ITEM ez- aN ON 4sI�. To: Elizabeth Plater-Zyberk and Miami 21 From: Bennet Pumo, Pumo Properties (since 1952) located through out the City PO Box 380100 Miami, Florida 33238 305- 794-9495 Re: New proposed code — "Miami 21" The Miami 21, Little Haiti area meeting for the Northeast Quadrant proved many things. The fact of the matter is, that even general answers were not available, yet alone any pertinent details related to existing commercial, light industrial, industrial structures, developments, uses described or approved, conformities, non -conformities with facts and details for each. This meeting was to be one of the final meetings for this area to gather public opinion. As Miami 21 was presented, it is evident that minimal conceptual thought to the details of enforcement for this type of code could succeed within this established large urban core community. This is the first application of this code in such grandeur of scale. Obviously the boilerplate of this code is applicable to much smaller, up and coming towns where these Transect zones can be implemented from T-1 through T-6. The City of Miami is Urban Core with many years of its infrastructure in place. The Public was told Miami 21 is being rewritten and will adapt. It will take nothing less that a complete butcher job to even bring this type of code to be applicable to THIS urban core City. There has been much talk of Work/Live and Live/Work uses and the zones each will be placed. Miami 21 has not considered each as a completely different use and occupancy with the work scope of each. Many urban core centers have tested these waters. Lets check them out. We can adapt them to enhance our different commercial and industrial zones. There is no need to reinvent the wheel, which seems to be the depth it has come to with this form -based code being applied as Miami 21. As admitted by the planners during the meeting T-1 thru T-3 basically do not exist in the City of Miami. These are the transition and foundation areas that support and blend in the rest of the form -based code. So what now? The City is now proposed to be governed by half a code. Where are the transition zones or foundation? Its kind -of like selling a beautiful mountaintop without the mountain. So here goes. It is fact though many Pumo concerns are within the commercial and industrial areas of this code, but the health of all of the City and its governing laws must be forefront and be just and effectively applied. Miami 21's concept of residential development with cohesive transition to the D-1 and D-2 districts must be paramount. The preservation the Little River Industrial District for jobs, business and the supporting service industry for the tremendous development within the East Quadrant Neighborhoods should be given full consideration and support. Miami 21 planners must take note, the Little River Industrial Area for the last 6 years has been Submitted Into the public record in connection with item 122 .11 on 4 `2)�d e Priscilla A. Thomp on City Clerk 12) Many of the trees Miami 21 proposes along the walkways are destructive to the surrounding walks and paved areas by the root systems in these confined planting beds. Additionally the massive leaf drop will assuredly tax the City storm drain system. Miami 21 planners need to confer with the City public works department for the majority of the storm drains go to underground french drain type soakage pits. These underground trenches (most non -accessible) would quickly fill up with decomposing leaves resulting in the tropical downpours flooding the streets and ground level occupancies. This City has no retention ponds or flood compensation plains as in more modern storm disposal systems of the developing suburban to urban core communities. Miami is an urban core community. 13) Miami 21 has made placements of FEC transit stations in its proposed pedestrian shed areas. At the FEC's first public hearing only a few weeks ago the FEC stated any FEC station development is more than six to eight years away at best projection! The FEC also confirmed there are NO designated stations. They went on to say any speculative locations have a location variable of a mile north or south if built at all. With this information, Miami 21's proposed transit hubs, pedestrian sheds, proposed trolley and parking garages should only be as conjecture at best and not considered as support for future or factual developments to zoning and enhancements. If these FEC transit stations with track alignments are purely as conjecture what has Miami 21 based it's pedestrian sheds, parking garages and transects designations on? Has the City of Miami committed funding to these alignments and if so where is the money coming from and what is the projected time to complete this new infrastructure? There are many more questions to be asked and answered. These few relate to Non — conformities, jobs, transportation, commercial business, industrial development and the enhancement of Miami 21's North Quadrant. 1 am enclosing portions of zoning codes tried and proven from other cities in the U.S. These codes relate to the enhancements of the commercial and industrial zones with the newest of trends in live/work and work/live occupancies. Zoning 11000 does have a nightmare of supplements but lets not get hasty and adopt Miami 21 until it is fully ready for Miami's infrastructure, political powers and enforcement teams that must deal with it. Property owners will not sit back while the possibility of an ill thought tool prompts inverse condemnation lawsuits. Worse yet strangle each property by nonconformity making property rehabilitation next to impossible. Thank you for this opportunity to have this input in creating a new tool of enforcement and development for the City of Miami. Sincerely, Bennet Pumo Submitted Into the public record in connectionWith item Pz . A t on 41,) at, Priscilla A. Thompson City Clerk cloaked with insecurity, first by the possible loss of over 60 industrial acres, thousands of jobs and 100's of business units by the threat of a massive 75 million dollar soccer park. Second by Miami 21 itself. The stalemate of development and rehabilitation was created by the possible applied non -conformity that may be created by the unknown details within the proposed Miami 21. Once this area is given its confirmed direction within Miami 21, this will be the catalyst for the building and business vitality. Here are just a few questions that must be answered; 1) Within each of the industrial zones, D-1 and D-2, please list the "by Right" permitted approved uses of each with the scope and intensity for each. Please list the by warrant conditional use occupancy's. The uses where a compliance review by the zoning administrator or a review committee "warrant" is needed to be applied for prior to occupancy approvals. Please provide the parking requirements per thousand sq.ft. and new building setbacks. 2) What types of commercial uses are "by Right" approved permitted uses in T-5 and T-6 zones. Describe the scope and intensity of each. 3) It was said at the Miami 21 public hearing existing uses may continue even though the new Miami 21 zone describes these uses as a non -approved use or use by warrant only. How and where is this legal non -conformity described? What restrictions are placed upon this non -conformity? Describe any restrictions as it may apply to Structure, additions to etc., uses and expansions to etc., Change of non -conforming uses within the non -conforming structure, length of time the legal non -conformity can continue to exist for use and structures. 4) What does constitute occupancy within a structure regardless of conformity? 5) What conditions direct immediate compliance with Miami 21? First with regard to a non -conforming use; second with a non -conforming structure. 6) If Miami 21 is adopted as the code for the City of Miami, every parcel will then have some level of non -conformity. Will every parcel then be considered as non- conforming in its development, use or structure? 7) With regard to the requirements of surrendering front yards for wider sidewalks, interior side lot line for a shared drive, rear yards for new shared parking areas and rear lot lines for new required alleys, will the City be able to afford to buy and develop these access -ways or is eminent domain being suggested? 8) Explain Work/Live, characteristics of use, district zone placements by Right or Warrant, and acknowledgements of the occupant to surrounding uses, occupant lives component restrictions. 9) Explain Live/Work, Characteristics of use, district zone placements, by Right or by Warrant and occupant restrictions on commercial intensity within. 10) Where is welding, brazing or soldering first seen as a "by Right" approved permitted use? 11) Miami 21 has many broad terms. "General Use" is a board term within the commercial and industrial districts. If there is no specific designated use under the "General" description, how long does it take and how does one apply to the planning Director for the "Determination" for that particular "by Right" characteristic of use? If it is a by Warrant use can the planning director also approve the use and issue the warrant for occupancy? Submitted Into the public record in connection ith item on L4 olp Priscilla A. Tho pson City Clerk City of Cleveland Codified Ordinances, Chapter 346 Page 1 of 4 Search Cleveland Codes r Search f [Search Tips] Part 3 — Zoning Code Title VII — Zoning Code Chapter 346 — Live -Work Overlay Districts Complete to June 30, 2005 Section 346.01 Purpose The Live -Work Overlay (LWO) District is established to permit and promote shared occupancy by residential uses in combination with work activities in suitable locations. By facilitating establishment of such "live -work" space, the district is intended to meet an identified need for buildings that combine living space with work space. In addition, the district is intended to assist in revitalizing areas impacted by the presence of under-utilized and deteriorated buildings suitable for re -use as live -work space. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.02 Definitions (a) "Live -Work Unit" means a room or rooms used by a single household both as a dwelling unit and as a "Work Space," as defined herein, where such Work Space occupies at least fifty percent (50%) of the unit's total floor area. The living space of a Live -Work unit shall contain a kitchen area and sanitary facilities. (b) "Work Space" means an area within a Live -Work Unit that is designed or equipped exclusively or principally for the conduct of work activities and is to be regularly used for such work activities by one or more occupants of the unit. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.03 Mapping and Applicability The LWO District shall be mapped as an overlay district by an ordinance of Council, and shall be snapped Ullly 111 1Ot L1U11J wucic Uic wiueilylllg willilu u&Stlia is a Business DiSuict, a Rcsiueua.e- Industry District, a Semi -Industry District or a General Industry District. The regulations of the underlying district shall govern except where in conflict with the regulations of the LWO District. The LWO District shall be mapped in an area where the underlying zoning prohibits residential occupancy only if it has been determined that current and anticipated future uses in the immediate vicinity W111 be compatible with live -work occupancy. Submitted Int the public (Ord. No. 309-01. Passed 6-19-01, eff.7-27-01) record in connection with item 12.)-1 on 4 k>yltib Section 346.04 Certificate of Occupancy Priscilla A. Thompson Clerk No Live -Work Unit shall be occupied nor shall the use of a Live -Work Unit, including the work useCity, be changed without issuance of a Certificate of Occupancy by the Commissioner of Building and Housing. h-H-reUna CPlara7 1r. finrllnix r•nm/r1PVPland one] eel rr.n narti 146 html 11 /20/On5 City of Cleveland Codified Ordinances, Chapter 346 Page 2 of 4 Such Certificate shall be issued only if the Commissioner determines that the pro s e . work activities and living space meet all applicable regulations of these Codified Ordinances. including the Health and Fire Codes. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.05 Permitted Uses All uses permitted in the underlying zoning district shall be permitted in a LWO District except as provided in this section. (a) Conditionally Permitted Uses. Notwithstanding otherwise applicable restrictions on residential occupancy in Semi -Industry and General Industry Districts, such residential occupancy shall be permitted in a LWO District as part of a Live -Work Unit if approved by the City Planning Commission in accordance with the conditional use criteria of Section 346.06. (b) Prohibited Uses. The following uses and activities are prohibited within a Live -Work Unit: (1) amusement and recreation uses, as listed in Section 343.11; (2) adult entertainment uses, as listed in Section 347.07; (3) pet stores, kennels, animal hospitals; (4) gun and firearms sales; (5) automotive service stations, and motor vehicle repair garages; and the UbltC te d record Sub in connccU� n ith (6) liquor sales. °: (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) item Priscilla A. Thompson City Clerk r on 4 Section 346.06 Conditional Use Determination (a) Approval Criteria. The City Planning Commission shall approve establishment of Live -Work space as a Conditional Use in a General Industry District or in that portion of a Semi -Industry District where residential uses are otherwise prohibited if the Commission determines that the following conditions have been met. (1) The subject building was constructed prior to the initial effective date of this chapter. (2) Individuals residing in Live -Work Units will not be subject to excessive levels of noise, vibration, fire ha7 ds, explosion hazards, smoke, or other potentially harmful health or environmental conditions by existing or likely future industrial uses and conditions in the immediate vicinity. (3) By virtue of the nature and location of current and likely future uses, existing industrial or commercial activities in the immediate vicinity will not be impaired by the presence of the proposed Live -Work Units. (b) Notice Requirements. Prior to taking action on any application for establishment of a Live -Work Unit, the City Planning Commission shall notify the Division of Fire of such application and shall seek its comment on applicable safety issues. Subsequent to approving establishment of a Live -Work Unit, ht+n•//raCP1alx7 In finrl1atm rnm/r'PIMA anrlrnar•C/gin nartl 2d16 tarn' 11 /lnnnns City of Cleveland Codified Ordinances, Chapter 346 Page 3 of 4 the Commission shall notify the Division of Fire of such approval, including the address of the subject property. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.07 Dividing Walls, Access, Identification and Fire Code Regulations A wall dividing the living space from the Work Space is not required in any Live -Work Unit, but each Live -Work Unit shall be separated from all other uses in the building and shall have separate access either from the building exterior or from an interior corridor that is separate from such other uses. The bathroom in any Live -Work Unit shall be enclosed and shall comply with requirements of the Building and Housing Code. All Live -Work Units shall comply with applicable Fire Code regulations, including applicable fire resistance requirements and emergency egress requirements of the Codified Ordinances. Each exterior door providing access to Live -Work Units shall be identified by a plaque marked in lettering at least two (2) inches in height with the words "Live -Work Units" or similar language. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.08 Parking, Sign and Yard Regulations (a) Parking. Within a LWO District, no additional parking shall be required for establishment of a Live - Work Unit in a building which was constructed prior to the initial effective date of this Chapter. For a Live -Work Unit proposed in a building first occupied after the initial effective date of this Chapter, parking shall be provided to meet the requirements of the underlying zoning district. Such parking requirements shall be applied in a manner that considers each Live -Work Unit as a single dwelling unit and that measures the floor area of Work Space exclusive of the area devoted to living space. (b) Signs. Signs shall be permitted in accordance with the regulations applicable to the underlying zoning district. (c) Yards. Within a LWO District, requirements for residential interior side yards and rear yards shall not apply to a Live -Work Unit established in a building which was constructed prior to the initial effective date of this Chapter. Submitted Into the public (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) record in connection vyith item 1 Z--1-1 on (e' O b Section 346.09 Acknowledgment of Industrial Use Priscilla A. Thompson City Clerk In a General Industry District and in any portion of a Semi -Industry District where residential occupancy is otherwise prohibited, the Certificate of Occupancy establishing a Live -Work Unit or changing the use of a Live -Work Unit shall include a statement, signed by the applicant, stating the following: "The applicant acknowledges that the Live -Work Unit is located in an area zoned tor industrial uses that may be incompatible with a typical residential environment. The applicant further acknowledges that these and future industrial uses in this district have the right to operate without any restrictions other than those applicable to uses in the underlying industrial zoning district or otherwise imposed by law." Such language shall be included in any lease or deed pertaining to the Live -Work space. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.10 Submission Requirements In addition to otherwise required plans and information, any application to establish a Live -Work Unit or to change the use of a Live -Work Unit, including the work use, shall identify the nature of the work activities to be performed in the Live -Work Unit and shall be accompanied by a floor plan that identifies 111t4w+•//nnaoll„> 1., f;,..11e„> nrsw,/nlems real .,r,.ln.,.-la.,/nn.r. r.nrf'1 1A1+ 1,+,+.1 1 1 Mil /)(111c City of Cleveland Codified Ordinances, Chapter 346 Page 4 of 4 0r® those areas to be used as living space and those areas to be used as Work Space. Such plan shall also identify the nature and location of equipment, furnishings or other improvements that cause the Work Space to meet the definition in division (c) of Section 346.02. For applications subject to the conditional use provisions of Section 346.06, the owner or lessor of the property shall demonstrate that the environmental condition of the property is not harmful to human health and safety and is safe for residential use. Such demonstration may be made through the issuance of a "No Further Action" Letter by a Certified Professional pursuant to the requirements for residential sites of Ohio Revised Code Chapter 3746 et seq., (the "Ohio Voluntary Action Program"). A "No Further Action" Letter shall not relieve the owner or lessor from compliance with any applicable municipal, state or federal law. If the applicant does not possess a "No Further Action" Letter as described above, the applicant must submit a Phase I or Phase 2 environmental assessment, as applicable, to demonstrate that the site meets environmental standards for residential use. If an environmental assessment shows environmental threats to residential occupancy, then the owner must demonstrate that those conditions have been abated. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Section 346.11 Right of Appeal Appeals from the decision of the City Planning Commission to approve or disapprove the establishment of a Live -Work space as a Conditional Use in a General Industry District or in that portion of a Semi - Industry District where residential uses are otherwise prohibited shall be made to the Board of Zoning Appeals. (Ord. No. 309-01. Passed 6-19-01, eff. 7-27-01) Submitted Into the public record in connection with item z.Jl on Priscilla A. Thompson City Clerk4 1.�+..• // , ,col ,,,, 1., f;,-,r110117 ..nm//`1P,/Planrirnwiac/rrn nart1 14f html 11 /20/2005 S:\PROJ_REVIEWIZONING CODE UPDATE\fact sheet\EXPANDING OPPS FS\Work... Page 1 of 2 This is the html version of the file http://www.sonoma-county.org/prmd/housing/wlu.pdf. Google automatically generates html versions of documents as we crawl the web. To link to or bookmark this page, use the following url: http://www.google.com/search? g=cache:DWfXKIIQxhgJ:www.sonoma-county.org/prmd/housing/wlu.pdf+industrial+work+live+zoning&h1=en&ie=UTF- 8 Google is neither affiliated with the authors of this page nor responsible for its content. These search terms have been highlighted: industrial work live zoning County of Sonoma WORK/LIVE USES PURPOSE Page 1 Submitted Into the public record in connection with item PZ. 1 on (,1.1o� Priscilla A. Thompson City Clerk The purpose of the Work/Live program is to allow some limited residential use in underutilized urban industrial areas. Work/Live uses may be permitted for the reuse of existing commercial and industrial structures, or in some cases within new buildings. A Work/Live unit functions primarily as work space, and has limited residential floor area. Work/live units differ from home occupations and live/work units in that they are a limited residential use in an industrial zone. Home occupations and live/work units are a limited business use in a residential zone. APPLICABILITY Work/Live uses may be permitted only in the Limited Urban Industrial zone (M1) in urban areas. PERMIT REQUIREMENTS A Use Permit and notification to property owners within 300-feet is required. A public hearing before the Board of Zoning Adjustments is required, but may be waived in certain cases if no written protest is received during the notice period. Design Review is also required. DEVELOPMENT STANDARDS Ratio of Work/Live Space: No more than 50% of the combined floor area of all buildings constructed on the project site may be dedicated or used for Work/Live units. Additionally, at least 50 % of the floor area each Work/Live unit shall be designated, reserved, and used a work space for permitted commercial or industrial uses. Integration of Living Space: Living space shall be physically integrated into the Work/Live unit and not be rented, leased, sold or occupied separately. Occupancy: A Work/Live unit shall be occupied and used only by the ope of the business within the unit, and his/her household. hits•//T) 1 d 1117 1 Ad/caarrh9n—rarhP•T1‘17 krTTflvhe T•xxnartar enrtnma-rnrmtxr nrrr/rwrmti/hn 1 1 /1 Q/7f1f16 S:IPROJ REVIEWIZONING CODE UPDATE\fact sheet\EXPANDING OPPS FS\Work... Page 2 of 2 hite/1 Two (2) uncovered spaces per unit, plus demonstration of adequate parking for customers/clients. Parking Requirements: On -premises Sales: Nonresident Employees: Client/Customer Visits: County of Sonoma Zoning Code Amendments On -premise sales of goods shall be limited to those produced within the Work/Live unit. The business may employ up to two persons who do not resid( the Work/Live unit. Client and customer visits to Work/Live units may be authori. by use permit only where adequate parking and compatibility adjacent uses is demonstrated. Sun Proposed Submitted Into the public record in connection w'th item Z.-1 on a, o6, Priscilla A. Th pson City Clerk 1,1t.,•11'71 1 a 1117 1 rut /ro.3..,. ,9,.—e,n,.1,o•POLIT rrrrrn.-4,,.T•..,.,..,, e„„,,,.,.,__,.,,.,„+., „«,.i„,•,,,an,,. 1 1 /1 ni')nnc Section 30-15 WORK/LIVE STUDIOS. ubsection 30-15-3 Definitions. The following definitions shall be applicable in this Article: a. Living space shall mean that portion of a work/live studio that is used for residential purposes including, but not limited to, a sleeping area, a food preparab%n area with reasonable work space, and a full bathroom including bathing and sanitary facilities which satisfy the provisions of applicable codes. b. WorkAive studio shall mean a commercial or industrial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for industrial or commercial occupancy and providing: 1. Adequate working space reserved for commercial or industrial use and regularly used for such purpose by one (1) or more persons residing In the studio; 2. Living space as defined in subsection 30-15.3(a) and in accordance with the provisions of this section. c. Adjacent shall mean that properties share a common property boundary or are directly across a street right-of-way. (Ord. No. 2784 N.S. §6) \t,Q./ r)( \d\\ `f, \)-/ UU �. e 10 6 Submitted Into the public record in connection with item Pz. } l on 4 vc► Priscilla A. T! ►o pson City Clerk Chapter 30/15/3.html ©.r o , it`' \U k. \d\ ? 42_ '9'ict) 1\)s. 3/16) OO ' V() Section 30-15 WORK/LIVE STUDIOS. Subsection 30-15-5 Additional Requirements. irsv et At a. Use Permit Required. Each building that contains work/live studios shall be subject to a use permit, which shall include conditions of approval as required to assure adequate standards of health, safety, and welfare and consistency with the purposes for work/live studios set forth in this Chapter. Each work/live studio shall be subject to all conditions of approval for the building in which it exists unless the use permit states otherwise. b. Work/Live Permit Required. Each tenant or owner of an individual work/live studio must obtain a work/live permit prior to occupancy. Such permit shall be issued by the Planning Director based on a determination that the proposed occupancy is consistent with the approved use permit and all applicable requirements of this section. Application for a work/live permit shalt be made to the Planning Department in writing on a form approved by the Department and shall be accompanied by a fee as set by resolution of the City Council. c. Design of Work/Live Studios. Subject to all applicable building and fire code requirements: 1. Work/Gve studios shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, Interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity; and 2. Areas within a work/live studio that are designated as living space shall be an integral part of the work/live studio and not separated from the work space, except that mezzanines and lofts may be used as living space subject to compliance with other provisions of this Article. Examples of ways to integrate the work space and living space in compliance with this section include, but are not limited to, the following: (a). Doors or sad walls between the work space and areas used for living space do not extend all the way to the ceiling, except for sanitary facilities and rooms used primarily for sleeping, (b) There is a single entrance to the work/live studio, (c) There are no walls separating the food preparation area from the work space, (d) Only the sanitary facilities and rooms designated for sleeping are enclosed and all other portions of the living area ate not separated from the work space. d. Permitted Work Activity. The work activity in a building where work/live units are allowed shall be any use permitted by right or use permit in the zoning district, except that, in order to protect the health and safety of persons who reside in a work/live studio or in a building which contains one (1) or more work/live studios, no work activity shall be permitted nor shall any work/live studio be established on any site that contains those uses which the Planning Director when considering a work/live permit or the Planning Board when considering a use permit, finds would, by virtue of size, intensity, number of employees or the nature of the operation, have the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes including, but not limited to: auto service/repair, vehicle sales or leasing, car washes, service stations, bars/lounges/night clubs, adult businesses, marine engine repair/refueling facilities, animal kennels/grooming/pet. shops, liquor stores, veterinary offices/hospitals, funeral parlors/mortuaries, outdoor storage as a primary use, crematories/columbaria, dismantling facilities/scrap yards, public utility structures and facilities, tire sales/service, truck stops/repair. Uses allowed under the foregoing paragraph that may, depending on how they are operated, also have the potential to generate impacts or would constitute a change in occupancy under the building code shall not be approved unless the Planning Director finds that as proposed to be conducted, or as modified by conditions of use permit, they would not conflict with or adversely affect existing work uses in the building and in the area where the work/live studio is located. No use shall be approved where, given the design or proposed design of the work/live studio, there would be the potential for adverse health impacts from the proposed use on the people residing in the studio. An example of a potential tn o_ o.ccE>. ®Coe c m -a •- O 0 http://www.ci.alameda.ca.us/code/Chapter_30/15/5.html 3/16/2006 \t/ health Impact is the potential for food contamination from uses which generate airborne particulates inAte a studio with an unenctosed kitchen. Retail acclivities must be accessory and subordinate to any permitted commercial or industrial work activity in buildings used exclusively for work/live studios. e. No Separate Sale or Rental of Portions of Unit. No portion of a work/live studio may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same studio. f. Business License Required. At least one (1) occupant of each work/live studio shall maintain a current City of Alameda business license for a business located in that studio. g. Mixed Occupancies. If a building contains mixed occupancies of work/live studios and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live studios and other occupancies, as determined by the Building Official. h. Notice to Occupants Required. The owner or developer of any building containing work/live studios shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, work/live studios shall be classified as commercial property under Table II in Section 4-10.4 of the Alameda Municipal Code. i. Change of Use From Work/Live Studio. No work/live studio shall be changed to exclusively residential use in any building where residential use is not permitted, where two (2) or more residential units already exist, or where the conversion would produce more than two (2) attached dwellings. The conversion of an existing work/live studio to exclusively nonresidential use is permitted when the conversion meets all other applicable zoning and building code requirements for the proposed use. Such a change shall be subject to all applicable requirements for the district where the proposed dwelling unit is located. j. Increase in Residential Use. No work/live studio shall be changed to Increase the floor area devoted to residential use without review and approval of the Planning Director. In no case shall the floor area devoted to residential use be increased to more than four hundred (400) square feet or thirty (30%) percent of the gross floor area of the unit whichever is more. .o t k. Additions to Building Envelope. No modifications shall be made to the exterior of a .13 building proposed for or in current use as a work/live occupancy that would result in a o. c substantial increase in the building envelope resulting in an increase in the existing gross o .2 0- floor area of more than ten (10%) percent in any five (5) year period outside the exterior walls tg r~ or the outer surface of the roof of the building as it existed at the time of conversion to .2 c o work/live studios. All changes to the exterior of work/live structures shall comply with theo purposes set out in subsections 30-15.1(g) and (h) and with the required finding set out in `v subsection 30-15.6(d). New floors or mezzanines that are established within the original 4 .�• building envelope shall be permitted and shall be considered as part of the existing floor area 'E 'a for purposes of this section. . o E If there is adjacent residentially zoned land, then the expansion of the building envelope shall be the co ` 13) minimum necessary to comply with health and life safety requirements and minimum habitability. requirements. I. Deed Restriction Required. The owner of each work/live studio or each building containing work/live rental studios shall record a notice on the property specifying the limitations of use and operation included in the use permit. m. On premises Sales. On -premises sales of goods is limited to those produced within the work/live studio. Retail sales of goods produced within the work/live studio shall be incidental to the primary work use in any building used exclusively for work/live occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows. n. Nonresident Employees. Up to two (2) persons who do not reside in the work/live studio may work in the studio unless such employment is expressly prohibited or limited by the use permit because of potential detrimental effects on persons living or working in the http://www.ci.alameda.ca.us/code/Chapter 30/15/5.html 3/16/2006 building or on commercial or industrial uses or residentially -zoned areas in the vicinity of the' • ' ' subject property. The employment of three (3) or more persons who do not reside in thew41 work/five studio may be permitted subject to a use permit based on additional findings that SAC'/ such employment will not adversely affect traffic and parking conditions in the area where the 1k work/live studio is located. The employment of any persons who do not reside in the work/live studio shall be subject to all applicable Building Code requirements. o. Client and Customer Visits. Client and customer visits to work/live studios are permitted subject to any conditions that may be imposed by the use permit in order to ensure compatibility with adjacent commercial or industrial uses or adjacent residentially -zoned areas. p. Landscaping. Where a building to be converted to work/live use is adjacent to residentially- zoned land, screening landscaping shall be provided and maintained as a buffer between the work/live building and adjacent residentially -zoned land where feasible in light of building setbacks, existing and required parking and whether there is land available along the property boundary. q. Hazardous/Toxic Materials. A Phase 1 Environmental Assessment for a site proposed for work/live occupancy, including but not limited to an expanded site investigation to determine whether lead based paint and asbestos hazards exist, is required to be submitted as part of the application for a use permit. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk. Where the Phase I shows that there are potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required. (Ord. No. 2784 N.S. §6) Submitted !n o the public record in connection with item Z. .\ on 4 Priscilla A. Tho pson City Clerk http://www.ci.alaineda.ca.us/code/Chapter_30/15/5.11tml 3/16/2006 ,City of Santa Rosa Zoning Code Page 1 of 4 20-42.080 - Live/Work and Work/Live Units Live/work and work/live units shall comply with the requirements of this Section, where allowed by Chapter 2 (Zoning Districts and Allowable Land Uses). A. Purpose. This Section provides standards for the development of new live/work and work/live units, and for the reuse of existing commercial and industrial structures to accommodate these units. Live/work and work/live units are intended to be occupied by business operators who live in the same structure that contains the commercial activity or industry. A live/work unit is intended to function predominantly as living space with incidental accommodations for work -related activities that are beyond the scope of a home occupation. A work/live unit is intended to function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. B. Limitations on use. The non-residential component of a live/work or work/live project shall be a use otherwise allowed within the applicable zoning district, subject to the following additional limitations. 1. Prohibited uses. A live/work or work/live unit shall not be established or used in conjunction with any of the following activities: a. Adult businesses; or b. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.). 2. Live/work unit. A live/work unit shall not be established or used in conjunction with any of the following activities: v o aa. Storage of flammable liquids or hazardous materials beyond that normally aV. associated with a residential use; O. •0 a o t b. Welding, machining, or any open flame work; a) c 1— c. Any use defined by Chapter 7 (Glossary) as "Manufacturing/Processing - s= o Q Heavy"; and 0 CO v - d. Any other activity or use, as determined by the Zoning Administrator to not w c be compatible with residential activities and/or to have the possibility of -- N N -r c'"L. affecting the health or safety of live/work unit residents, because of the i v E E. potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smnl`o traffic, v!hrntinn n.• nth or Irnr r+c no- a,,niiulrl he, hY-7=rdlniie hc."=ifeo of materials, processes, products, or wastes. C, Density. Live/work and work/live units shall comply with the maximum density requirements of the applicable zoning district, except that live/work and work/live units within the CSC, BP, IL, or IG zones shall not exceed a density of 30 dwelling units per acre. There shall be no density limit for live/work or work/live units within the CD zone. D. Design standards. 1. Live/work floor area requirements. The minimum net total floor area of a live/work space shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for work space. All floor area other than that reserved for working space shall be reserved and regularly used for living http://www.hmarc.com/SantaRosa/3/SR-4.html 12/7/2005 City of Santa Rosa Zoning Code Page 2 of 4 space. 2. Work/live floor area requirements. The minimum net total floor area of a work/live space shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for living space. All floor area other than that reserved for living space shall be reserved and regularly used for working space. 3. Separation and access. Each live/work or work/live unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other live/work or work/live units or other uses within the structure. 4. Facilities to accommodate commercial or industrial activities. A live/work or work/live unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. 5. Integration of living and working space. Areas within a live/work or work/live unit that are designated as living space shall be an integral part of the live/work or work/live unit and not separated (or occupied and/or rented separately) from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this Section, and living and working space may be separated by interior couryards or similar private space. 6. Mixed occupancy buildings. If a building contains mixed occupancies of live/work or work/live units and other nonresidential uses, occupancies other than live/work or work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work or work/live units and other occupancies, as determined by the Building Official. E. Operating requirements. 1. Occupancy. A live/work or work/live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator. 2. Sale or rental of portions of unit. No portion of a live/work or work/live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit. 3. Notice to occupants. The owner or developer of any building containing work/live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher ieveis than wouio be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone. 4. Non-resident employees. Up to two persons who do not reside in the live/work or work/live unit may work in the unit unless this employment is prohibited or limited by the Minor Conditional Use Permit. The employment of three or more persons who do not reside in the live/work or work/live unit may be permitted subject to Conditional Use Permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the live/work or work/live unit shall comply with all applicable Building Code requirements. 5. Client and customer visits. Client and customer visits to live/work or work/live http://www.hmarc.com/SantaRosaJ3/SR-4.html 12/7/2005 City of Santa Rosa Zoning Code Page 3 of 4 units are permitted subject to any applicable conditions of the applicable Minor Conditional Use Permit or Conditional Use Permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially -zoned areas or uses. F. Changes in use. After approval, a live/work or work/live unit shall not be converted to entirely residential use unless authorized through Minor Conditional Use Permit approval. Minor Conditional Use Permit approval shall require that the Zoning Administrator first find that the exclusively residential use will not impair the ability of non-residential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. G. Required findings. The approval of live/work or work/live unit shall require that the review authority first make all of the following findings, in addition to all findings required for Minor Conditional Use Permit approval. 1. The proposed use of each live/work or work/live unit is a bona fide commercial or industrial activity consistent with Subsection B (Limitations on use). 2. The establishment of live/work or work/live units will not conflict with nor inhibit industrial or commercial uses in the area where the project is proposed; and 3. Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially -zoned land, the proposed changes to the building will make the commercial or industrial building being converted more compatible with the adjacent residential area. 20-42.090 - Mixed Use Projects Mixed use projects shall comply with the requirements of this Section, where allowed by Chapter 2 (Zoning Districts and Allowable Land Uses). A. Design considerations. A mixed use project shall be designed to achieve the following objectives. 0 6 - o. 0 ®' E. 8 ibO %— • .-. a n 0 4. The design of a mixed use project shall ensure that the residential units are of a e c v residential character, and that privacy between residential units and between other � � � � uses on the site is maximized. .0 v E - 5. The design of the structures and site planning shall encourage integration of the to w street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture. 1. The design shall provide for internal compatibility between the different uses. 2. Potential noise, hours of operation, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site. ThP riacinn of the mixarl iicp nrniprt chill takes intn roncirIPratinn nntantiai imnartc on adjacent properties and shall include specific design features to minimize potential impacts. 5. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage. http://www.hmarc.com/SantaRosa/3/SR-4.html 12/7/2005 .City of Santa Rosa Zoning Code Page 4 of 4 ae )4 B. Mix of uses. A mixed use project may combine residential units with any other use, or combination of uses allowed in the applicable zoning district; provided that where a mixed use project is proposed with a use that is otherwise required to have Minor Conditional Use Permit or Conditional Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement. C. Maximum density. The residential component of a mixed use project shall comply with the maximum density requirements of the applicable zoning district. D. Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements. 1. Location of units. Residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a street, or any ground floor space in the CD zoning district. 2. Loading areas . Commercial loading areas shall be located as far as possible from residential units and shall be screened from view from the residential portion of the project to the extent feasible. 3. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and non-residential uses. E. Performance standards. 1. Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units. 2. Noise. All residential units shall be designed to minimize adverse impacts from non-residential project noise, in compliance with the City's noise regulations. 3. Hours of operation. A mixed -use project proposing a commercial component that will operate outside normal business hours (8:00 a.m. to 6:00 p.m.) shall require the Zoning Administrator's approval to ensure that the commercial use will not negatively impact the residential uses within the project. F. Requirements for Conditional Use Permit projects. A mixed use project that requires Conditional Use Permit approval in compliance with Subsection B, or that is located in the CG or IL zoning districts may be subject to the following requirements, as determined by the review authority. 1. Conditions of approval that require provisions and standards in addition to, or instead of the property development standards of the applicable zoning district to enenre the �nmri f hility of .*see nr.A enrrr..,v d nne• or 2. Less restrictive standards than required by the applicable zoning district, to the extent allowed by Conditional Use Permit approval in other sections of these regulations, to make particular use combinations more feasible. Submitted Into the public record in connection with item?Z.21 ont4-}p�Joc. Priscilla A. Thompson City Clerk http://www.hmarc.com/SantaRosa/3/SR-4.html 12/7/2005