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HomeMy WebLinkAbout04-10-2018 Item 02 - Study Session on Zoning Regulations Update Meeting Date: 4/10/2018 FROM: Michael Codron, Community Development Director Prepared By: Doug Davidson, Deputy Director, Community Development SUBJECT: STUDY SESSION – STATUS REPORT AND POLICY DIRECTION ON ZONING REGULATIONS UPDATE RECOMMENDATION 1. Receive a presentation on key milestones of the Zoning Regulations update; and 2. Provide policy direction regarding key issues, such as flexible density Downtown, parking requirements, adequacy of alcohol outlet regulations, and tiny homes on wheels. REPORT-IN-BRIEF This report updates the Council and community on progress made updating the Zoning Regulations, highlighting the public input process and project schedule. The report builds on this progress and input, as well as the previous joint Council Study Session with the Planning Commission (April 12, 2017), to seek direction from the Council on key issues, including density, parking, housing types, and the development review process. The City’s alcohol regulations, barriers to Accessory Dwelling Unit (ADU) construction, and potential standards for rooftop uses are also pinpointed for direction. Background Beginning February 2017, the City started work with its consultant (MIG, Inc.) to comprehensively update the City’s Zoning Regulations (Title 17 of the Municipal Code). As discussed at the City Council/Planning Commission joint study session on April 12, 2017, the Zoning Regulations are an important tool to achieve General Plan policy objectives. For example, the Zoning Regulations includes standards for parking management and bicycle and pedestrian accommodation in private development projects. The City’s General Plan seeks to accomplish a 20% transportation mode shift away from single-occupant vehicle trips and towards bike, pedestrian, and transit trips. New standards for parking, and bicycle and pedestrian accommodations, are proposed to help implement this policy objective. The purpose of this study session is to update the City Council on the progress and to receive policy direction on selected key issues, with the goal of bringing the updated Zoning Regulations to the Council for consideration on August 21, 2018 (with a public workshop on May 3rd and three Planning Commission hearings scheduled for June). The study session will be organized into three categories as follows: Public Input Process During the study session, staff will report on: 1) Stakeholder and resident interviews (available on the City’s website, see link below) 2) Input received during the June 3, 2017 community workshop (available on the City’s Packet Pg 15 2 website) 3) Information presented to the Planning Commission at regularly scheduled meetings that began in in August 2017 4) Coordination among various City departments and with the County Airport staff in preparation for the Airport Land Use Commission (ALUC) hearing(s) The stakeholder and resident interview summary, and the community workshop summary are available on the City website: http://www.slocity.org/government/department- directory/community-development/planning-zoning/zoning/zoning-regulations-update Summary Updates During the study session, staff will describe the following key improvements and updates for the Zoning Regulations: 1) Re-organization of the document 2) Table 9 (Uses Allowed) and Land Use Definitions 3) Neighborhood compatibility and edge conditions1 4) State Housing Legislation Topics Requiring Discussion and Policy Direction During the update effort, City staff and the consultants have identified eight issues that require policy direction from the Council. This report includes additional information on each of the following topics: 1) Evaluate how density is calculated and consider changes to implement LUCE objectives 2) Encourage flexible density in Downtown 3) Consider regulation of rooftop uses 4) Review adequacy of the City’s alcohol outlet regulations 5) Consider tiny homes on wheels 6) Remove barriers to the construction of accessory dwelling units (ADUs) 7) Consolidate and streamline the development review process 8) Update the parking regulations to reflect modern practices and mode shift objectives PUBLIC INPUT PROCESS To date, the process of updating the Zoning Regulations has involved interviews with community members; the April 12, 2017 joint study session; a community workshop on June 3, 2017; regular updates with the Planning Commission; internal interaction among City departments; and weekly phone calls with the MIG team. As of mid-March 2018, the draft revised Zoning Regulations were approximately 75 percent complete, and Planning staff is reviewing preliminary drafts of various chapters with the Planning Commission. Stakeholder Interviews As reported at the April 12, 2017 joint study session, in February and March of 2017, City staff 1 Transitions between uses: from lower to higher density residential uses, and from nonresidential to residential uses. Packet Pg 16 2 interviewed more than 50 community members in both group and one -on-one sessions. The group interviews were invitation events, with the groups consisting of neighborhoods, developers, technology businesses, realtors, and homeowner associations. City staff also invited anyone in the community to sign up for individual interviews at the Community Development Department. Notification of the interview opportunity was posted on the City’s website, and News Items of participation opportunities were also highlighted on the website. Approximately 35 individuals participated in the individual interviews. The summary report of the interviews was previously provided to the Council for the April 12, 2017 study session. Community Workshop On June 3, 2017, the City hosted a community workshop to encourage residents and the business community to share their ideas about ways to implement the new Land Use and Circulation Element through zoning standards and to improve entitlement processes. The workshop was held at the City-County Library. The format was an open house, whereby people could stop by any time between 10:00 a.m. and 2:00 p.m. The open house also included a special presentation on tiny homes. Approximately 73 community members attended and provided input. Participants were asked to provide comments on: 1) Single-family Neighborhoods: Accessory Dwelling Units (ADUs), tiny homes, and parking 2) Multi-family Development: Acceptable densities and appropriate transitions between multi-family and single-family housing 3) Downtown SLO: Bike parking, motor vehicle parking, and residential development 4) Citywide land use regulations 5) Potential cannabis regulations Planning Commission Updates Beginning in August 2017, City staff started a regular standing item on every Planning Commission agenda to introduce issues and articles for preliminary discussion, direction, and to receive public comment. The following items have been reviewed at the Planning Commission: 1) August 23, 2017 Land Use Table 9 and Land Use Definitions 2) September 13, 2017 Outline of Updated Zoning Regulations 3) October 25, 2017 White Paper: Transitions Between Land Uses and Parking Requirements (Zoning Regulations Table 6) 4) December 20, 2017 White Paper: Case Studies in Local Adult-Use and Medical Marijuana Regulations, Schedule, and Director’s Action and Use Permit Requirements 5) January 10, 2018 Preliminary review to revise Ordinance 1130 (Properties along San Luis Creek between Monterey Street and San Luis Drive) and the “S” Overlay Zone in general 6) January 24, 2018 Review of preliminary drafts of Articles 1 (Enactment, Applicability, and Enforcement), Article 5 (Nonconformities), and Article 8 (Housing -Related Regulations) 7) February 28, 2018 White Paper: Flexible Density Downtown, preliminary draft Packet Pg 17 2 of Article 2 (Zones, Allowable Uses, and Development and Design Standards), and Article 4 (Specific Land Uses and Activities) 8) March 28, 2018 Continued discussion of Article 2 (Zones, Allowable Uses, and Development and Design Standards). Internal and External Coordination Updating the Zoning Regulations is a comprehensive effort addressing broad-based community issues. To ensure that all ideas are reflected and addressed, Planning staff has interacted with Transportation staff, the Bicycle Advisory Committee, Developer’s Roundtable, and County Airport Land Use Commission staff. Interaction and consultation will continue as the updated Zoning Regulations are drafted. SUMMARY UPDATES Updated Organization The primary purpose of the Zoning Regulations Update is to implement the 2014 Land Use and Circulation Element and to reflect current best practices. This comprehensive process also offered the opportunity to reorganize the Zoning Regulations for ease of use by the public and City staff, and to streamline administration. Thus, the structure of the Zoning Regulations has been reorganized and modernized in a manner that will make the code easier to use, administer and maintain. Attachment A outlines the new general structure. Updated Table 9 Table 9 (Uses Allowed) is a critical component of the Zoning Regulations. Through the stakeholder interview process and based on City staff’s daily use of the regulations, many vexing issues were identified regarding how land uses are regulated. Thus, Table 9 has been extensively revised to reflect modern land use practices, to consolidate land uses (for example, collapsing seven office uses into two), and to identify how the City will regulate uses to encourage economic development and land use compatibility. As a companion piece, the definitions chapter of the Zoning Regulations has been comprehensively revised for consideration. Neighborhood Compatibility and Edge Conditions LUCE policy 2.13 states: “The City will consider new regulations for Low-Density and Medium- Density Residential areas to require special review for: 1) incompatibly large houses, 2) replacement or infill houses in existing neighborhoods, and 3) accessory buildings with plumbing facilities to allow easy conversion to illegal second dwellings. The City will periodically update Community Design Guidelines for larger homes, infill housing, and accessory single-story buildings.” To implement this policy, the updated Zoning Regulations will include standards to address larger homes and transition issues (edge conditions) between lower-scale and higher-scale development. Suggested provisions include upper story step-backs for edge conditions and floor-area ratio standards in single-unit residential zones. These provisions will reflect recommendations in the Neighborhood Compatibility Report (attachment to the Transitions Packet Pg 18 2 Between Uses White Paper) which came out of two community workshops and Architectural Review and Planning Commission 2016 study sessions. With regard to the topic of accessory buildings as housing in LUCE policy 2.13, recent State law now encourages and facilitates accessory dwelling units (ADUs) in R-1 zones. The City has amended its ADU regulations to comply with State law, which may make it easier for residents to convert accessory buildings into legal ADUs. Through the public engagement activities as part of the Zoning Regulations update, City staff noted increased community acceptance of ADUs, including so-called tiny homes. (See the discussion below regarding tiny homes and removing barriers to ADU construction.) State Housing Legislation On September 29, 2017, Governor Brown signed 15 bills to provide more resources for affordable housing and “streamlining” approvals of housing projects. There are three main bills that affect processing of housing applications: Streamlining review of housing projects (SB 35), three bills grouped together to change the Housing Accountability Act (AB 678/SB 167; AB 1515), and “no net loss” on Housing Element sites suitable for lower income housing (SB 166). The Zoning Regulations Update will reflect the State housing legislation. TOPICS REQUIRING DISCUSSION AND POLICY DIRECTION Changing How Density Is Calculated Currently, City regulations regarding how density is calculated is unique among most jurisdictions in California; most cities, for density purposes, define a density unit as a dwelling no matter how many bedrooms are provided in a dwelling. In San Luis Obispo, the Zoning Regulations state: "Density" is the number of dwellings per net acre, measured in density units. In the AG, C/OS, and R-1 zones, each single-family dwelling counts as one density unit. In the other zones, different size dwellings have density unit values as follows: a. Studio apartment (450 sq. ft. max), 0.50 unit; b. One-bedroom dwelling (1,000 sq. ft. max), 0.66 unit; c. Two-bedroom dwelling, 1.00 unit; d. Three-bedroom dwelling, 1.50 units; e. Dwelling with four or more bedrooms, 2.00 units.” For example, a 10,000 sq. ft. lot in the R-2 zone would be calculated for density as follows: 10,000 divided by 43,560 = .23 acres .23 X 12 density units allowed in the R-2 zone = 2.76 Any combination of dwelling types and numbers may be developed as long as their combined density does not exceed the maximum potential. So, 2.76 would allow for several options, among them: Two two-bedroom units (2.00) + one one-bedroom unit (0.66) = 2.66; or One two-bedroom unit (1.00) + one three-bedroom unit (1.50) = 2.50; or Four one-bedroom units (0.66) = 2.64. Packet Pg 19 2 This approach to regulating density penalizes larger units, resulting in lower density yields, and rewards smaller units allowing higher unit yield when studio and one-bedroom units are provided2. The LUCE contains policies to consider revising development standards to meet student housing preferences in multiple-family zones near Cal Poly and to evaluate alternatives to the current maximum densities allowed in residential zones3. Staff proposes revising the City’s bedroom density-based approach to move towards establishing minimum density unit counts in multiple family zones. This approach would allow at least two units (a unit being defined as one two-bedroom unit) in a R-2 zone regardless of the lot size, and likewise for R-3 and R-4 lots (a minimum of 3 and 4 units, respectively.) This will correct the current situation where a R-2 property cannot reach the same density as a R-1 property (a three- bedroom home may not be allowed on a small R-2 property, while it is allowed by right in the R- 1 zone). Staff is also proposing that the studio apartment dwelling definition be eliminated and included in the one-bedroom definition. One-bedroom units under 600 sq. ft. would count as 0.50 density unit (up from the current 450 sq. ft. for studios); one-bedroom units between 600 – 1,000 square feet would continue to count as 0.66 density units. The following discussion on downtown density also includes a 600 sq. ft. threshold to encourage construction of smaller units4. Policy Direction: Staff is seeking direction from the Council to revise the density calculations as discussed above for simplification and to continue encouraging smaller housing units. Flexible Density Downtown and Implementation of a Downtown Overlay Zone for Upper Monterey The LUCE also calls for allowing efficiency units and flexible density downtown5. As noted above, the City’s current approach to calculating density somewhat responds to goals for more housing in Downtown—and more affordable housing options—by allowing units with fewer than two bedrooms to count for partial units for density purposes. Staff recommends expanding this concept to encourage smaller units by eliminating density requirements altogether in the downtown for units under a certain size threshold, such as 600 square feet. In these cases, height, setback, parking, and massing regulations, along with the Community Design Guidelines would guide development in the downtown6. 2 Housing Element Program 6.10. To help meet the Quantified Objectives, the City will support residential infill development and promote higher residential density where appropriate. 3 LUE 2.15. Residential Densities. The City will evaluate alternatives to the current maximum number of dwelling units per acre (based on bedroom count) and height, parking, and setback standards, to regulate residential building intensity, and bulk and mass. Floor area limits will be considered. 4 Housing Element Program 6.8. Consistent with the City’s goal to stimulate higher density infill where appropriate in the Downtown Core (C-D Zone), the City shall consider changes to the Zoning Regulations that would allow for the development of smaller apartments and efficiency units. 5 LUE 4.28. Allowing Efficiency Units and Variable Density in Downtown. The City shall modify zoning regulations to allow efficiency units and variable density in the Downtown Core. 6 LUE 2.12. Downtown Residential Development. The City shall adopt special development standards to guide Packet Pg 20 2 As part of the Downtown discussion, staff is also proposing to apply downtown development standards to the Upper Monterey Street corridor (up to the railroad trestle at Pepper Street) to facilitate development in the interim period while developing the full Upper Monterey Area Plan as called for in LUCE Program 8.2.2 (the area along Monterey from Santa Rosa to Pepper Street is in the Downtown Core of the LUCE, while the Specific Planning Area for Upper Monterey extends all the way to Loomis Street near the Highway 101 on-ramp). Applicants could choose to take advantage of the downtown standards for more intensive development with defined criteria and approval from the Planning Commission. Policy Direction: Staff is seeking direction from the Council to allow flexible density downtown by removing density limits from smaller (600 sq. ft.) units. This would also include applying the downtown development standards to the Upper Monterey corridor (to the trestle) and bringing back the corresponding Ordinance Overlay Zone map as part of this Zoning Regulations Update. Regulation of Rooftop Uses During public engagement activities, staff heard that many businesses/developers are interested in the City allowing rooftop activities, particularly in Downtown. Rooftop decks can provide amenities, views, and improved quality of life. Other public comments noted privacy and noise concerns with rooftop decks in proximity to residential uses. Rooftop activities can be relatively passive, such as outdoor casual open space for residential development, or more intense, such as expanded commercial businesses activities, particularly for bars and entertainment uses7. Policy Direction: Staff is seeking direction from the Council to regulate rooftop uses by establishing setbacks, hours, size limits, and other standards to balance the use and enjo yment of rooftop uses with the privacy of neighboring residences. Alcohol Outlet Regulations Regulation of alcohol outlets, and particularly avoiding over -concentration of such business in Downtown, has been a continuing community issue. The City Council Memorandum on the effectiveness of the 2012 Alcohol Outlet Amendments has been provided on March 15, 2018 to inform the Council of current trends and regulations associated with alcohol outlets downtown that have been enacted to prevent restaurants from transforming, or “morphing,” into bars late in the evening. A use permit approval is required for restaurants serving alcohol after 11:00 p.m. The comprehensive 2012 Amendments also included a Deemed Approved Ordinance for existing alcohol outlets and enhanced standard conditions of approval for late night alcohol and night club use permits. addition of dwellings within Downtown residential areas (Figure 4), to implement Policy 2.8. The following should be included when evaluating new standards for this area: A. Requirements that new dwellings on lots with existing houses be above or behind the existing houses, and that the added building area be modestly sized and of similar architecture in comparison with the principal residences on the site and in the surrounding area; B. Requiring new buildings to reflect the mass and spacing of existing, nearby buildings; C. Requiring special parking and coverage standards; D. Requiring minimum amounts of usable open space. 7 LUE 4.17. New Buildings and Views. Downtown development nearby publicly-owned gathering places shall respect views of the hills. In other locations Downtown, views will be provided parallel to the street right-of-way, at intersections where building separation naturally makes more views available, and at upper -level viewing decks. Packet Pg 21 2 A City approved PCN (Public, Convenience, and Necessity) is required by the Alcoholic Beverage Control Department (ABC) for new bars in an overconcentrated area for alcohol licenses, such as downtown San Luis Obispo. (Note: Under ABC law, a City approved PCN is required for new bars, not restaurants serving alcohol which are allowed by right in the Downtown Commercial District until 11:00 p.m.) The use permit process for bars, night clubs, and late-night restaurants serving alcohol requires a finding that the alcohol outlet use will not be detrimental to the health, safety, or welfare of persons working or living at the site or within the vicinity. To more fully implement Policy 4.328, the amended Zoning Regulations will include specific criteria for use permits by incorporating the late-night alcohol standard conditions of approval (developed during the Alcohol Outlet Amendments process) into the Ordinance. Policy Direction: Staff is seeking direction from the Council on whether current practices and the incorporation of conditions of approval as standards are adequate to address safety concerns downtown, or if additional regulations should be explored to address specific impacts. Tiny Homes At the June 3, 2017 community workshop, tiny homes were presented as an emerging housing idea, both as accessory dwelling units and as homes on wheels. Current ADU regulations allow smaller homes on permanent foundations accessory to primary dwellings. Thus, tiny homes as ADUs can easily be addressed. Tiny homes on wheels are considered Recreational Vehicles (RV) according to the California Department of Housing and Community Development (HCD) and regulated as motor vehicles b y the State Department of Motor Vehicles. They are intended as temporary living quarters for recreational or seasonal use only, and not as a year-round or permanent dwelling. The City limits the parking of RVs in residential zones to a period no longer than 7 days on private property and 72 hours within the public right-of-way. The California Health Safety Code (HSC) defines an RV park or mobile home park as two or more units rented or leased, Section 18862.39. Unless otherwise allowed by a local ordinance, RV’s generally may be occupied only in mobile home parks or special occupancy parks governed by the Mobilehome Parks Act (MPA), HSC Sections 18200, or the Special Occupancy Parks Act (SOPA), HSC Sections 18860. HCD is the responsible enforcement authority for ensuring compliance with statutory construction and maintenance code requirements for any property containing two or more RV’s that meet the definition under MPA or SOPA, within the City of San Luis Obispo. In response to community and Council interest in allowing tiny homes in the City, staff has focused on how existing regulations might be revised to accommodate tiny homes on wheels in backyards of single-family homes (since tiny homes as ADUs are already sufficiently addressed). The critical issues for tiny homes on wheels revolve around how to address basic health and public safety considerations: sewage connections/disposal, electric power/natural gas provision, and potable water. Other important factors to consider is that these units are not constructed in a way that is intended to serve as permanent habitation. 8 LUE 4.32 Use Permit Requirements. The City shall incorporate into its zoning regulations specific criteria for evaluating use permits for bars/taverns, night clubs and late night drinking establishments. Packet Pg 22 2 Various City Departments including Fire, Utilities, Building, and Planning evaluated the scenario to provide a tiny home on wheels in the backyard of a residential property, acces sory to an existing single-family residence. A common perception of utility service to tiny homes is using the backyard hose for water, an extension cord for electricity, and a RV-like sewer lateral hookup. Staff identified the following risks associated with the bare minimum service connections (water, sewer, electricity): 1) Risks imposed to the water distribution system by having a mobile unit connect to a water service line (garden hose) since the connection is not hard piped like a slab on grade foundation. 2) Risks to the wastewater collections system are presented from the mobile unit potentially introducing inflow or infiltration through the pipe joints or defective clean out covers. 3) California Fire Code Section 605.5 states: Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, nor shall such cords be subject to environmental damage or physical impact. Therefore, staff recommends incorporating the following requirements when considering implementation of any new regulations associated with tiny homes on wheels: 1) Water: A backflow preventer is recommended to protect the public water main and the existing residential unit. If a water leak occurs within the mobile unit, the backflow preventer would reduce the risk of having contaminated water flow back into the City’s water distribution system. 2) Wastewater: Pipe materials that have elastic properties and that can be heat -fused similar to HDPE pipe are recommended to reduce the risk for inflow and infiltration. The hard connection with heat-fused materials will ensure a water tight system that can prevent root instruction and infiltration. 3) Electricity: Building permit to establish permanent wiring to provide electric services to an affixed location where the tiny home is to be located. Policy Direction: Staff is seeking direction from the Council on whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning Regulations Update. The following potential requirements would be explored if Council provides such direction: 1) Revised definitions and regulations associated with RVs. 2) Zones at which these uses could be considered allowed or conditionally allowed. 3) Building permit requirements to establish appropriate and safe connections to utilities as discussed above. 4) Operational requirements including but not limited to; owner occupancy, licensing agreement, annual inspections, time limits, vehicle registration, size limitations, locations on site, and/or design compatibility. 5) Other applicable standards to address Health and Safety, such as location, setbacks, screening, seismic, etc. Packet Pg 23 2 Removing Barriers to the Construction of Accessory Dwelling units (ADUs) With adoption of the updated ADU ordinance in 2017, new regulations dictated by State law have eased the ability of property owners to construct ADUs. Key provisions included eliminating the requirement for parking and allowing existing garages to be converted to ADUs without replacement of the garage for the primary unit. Another key provision was a prohibition on requiring fire sprinklers for the ADU if the primary unit on the property doesn’t have fire sprinklers. Furthermore, the City has reduced the development impact fees for ADUs and is allowing a single water meter on R-1 properties with an ADU. These measures have significantly reduced the cost of construction for ADUs. However, the ADU regulations could be relaxed a bit more to facilitate their construction. Policy Direction: Staff is seeking Council direction to remove barriers to ADU construction by exploring the following methods: 1) Explore options to reduce the extent of required frontage improvements triggered by ADUs – curb, gutter, sidewalks, and ADA driveway upgrades 2) Continue the ongoing program to improve the development review process and consider adjusting the permit fees to further facilitate construction of ADUs. Efficient Development Review Process A recurrent theme heard during the stakeholder interviews (and discussed at the April 12, 2017 joint study session) was that the City’s permitting and appeal regulations can be confusing and repetitive. City staff proposes to simplify and streamline administrative review provisions (that is, the processes for applicants to have their applications considered and the interested public to weigh in). Staff proposes to consolidate the multitude of current review processes into three processes for project review (which will be indicated for specific land uses in updated Table 9): 1) Director’s Action – An administrative (staff-level) process that includes a legal ad and posting of the property, but no public hearing, unless the Director determines it is warranted (currently referred to as several different terms). 2) Minor Use Permit – Action at the Director level but includes a public hearing (Director hearing) and notice to surrounding property owners (currently referred to as Administrative Use Permit). 3) Conditional Use Permit – Planning Commission action involving public notice and hearing (currently referred to as Planning Commission Use Permit). Another major component of the update is simplifying the development review process. Staff is proposing changes to the role of the Architectural Review Commission (ARC) that will allow the Commission to focus on architecture and design. The role of the Commission would be to engage with applicants, City staff, and the public early in the application review period. The Commission’s review would be focused solely on a project’s adherence to the Community Design Guidelines, and their decisions would go forward in the form of a recommendation to the Planning Commission or Community Development Director, depending on the project. The process improvements anticipated are expected to increase review ef ficiency by reducing the number of multiple discretionary decisions for a single project. Staff is seeking feedback from the City Council on the general concept, and will engage the public, the Planning Commission, Packet Pg 24 2 and the ARC on the details before finalizing recommendations. The Community Design Guidelines (CDG) outlines the three levels of architectural review: aesthetically insignificant, minor and incidental architectural review, and ARC review. The CDG and Municipal Code Chapter 2.48 (Architectural Review) will need to be updated to reflect process changes as discussed above or other identified strategies to simplify and clarify the process. One idea to further define the level of appropriate review for a project is to establish a certain development threshold to warrant review by the Planning Commission. In other words, if a project exceeds, say 10,000 sq. ft. or 4 units, then it would trigger the higher level of Planning Commission review, see Tier II level below. The Planning Commission would receive a recommendation from the ARC, this action would be appealable to the City Council, see Figure 1. The benefit of the LUCE is that it provides the parameters and land use policy direction for development in the City. A streamlined process to implement the LUCE will enable the City to achieve its housing, transportation, and other land use goals within a shorter time frame and less process confusion for applicants, residents, and stakeholders. Policy Direction: Staff is seeking direction from the Council to consolidate and streamline the review process for more simplicity, as outlined above. Parking Requirements to Achieve Multi-Modal Objectives A key goal of this update effort is to implement the LUCE’s mobility mode shift objectives. This means that parking for cars and bikes should reflect reduced dependency on single- occupancy vehicle trips and better accommodate bike parking. City Transportation staff has indicated that current parking regulations do not reflect modern practices and can be adjusted, however, planning for driverless vehicles may be premature (and thus will not be addressed in this current update). Staff has made preliminary recommendations for updating car parking Figure 1: Draft recommendation to development review process. Packet Pg 25 2 requirements that will be incorporated into the draft updated Zoning Regulations for consideration (largely simplifying and reducing car parking requirements). Based on comments heard from staff and the Resident and Stakeholder interviews, as well as the Open House on June 3, 2017, Table 6 Parking Requirements need to be simplified to clearly reflect adequate parking needs. The existing parking requirements can be difficult to calculate when parking requirements vary based on use of space within a single business. Where possible, parking requirements should be based on gross floor area rather than a breakdown of the use of the space. This change would simplify the restaurant parking requirement, among others. Discussions with the Bicycle Advisory Committee have resulted in forward-thinking recommendations regarding bicycle parking, such as: 1) Identifying a threshold for development projects that are nonconforming to comply to new standards (i.e., tenant improvement plans, new construction, additions, replacing uses, etc.) 2) Providing bicycle parking requirements more prominently in the Zoning Regulations 3) Providing a purpose and intent statement that reflects the multimodal objective of the Circulation Element describing 20% of all trips for bicycles 4) Describing where locations of bicycle parking facilities are appropriate or refer to existing requirements in other sections of Municipal Code 5) Including a statement that provides the Director the ability to require more bicycle parking than otherwise required 6) Including statements establishing minimum thresholds for short-term and long-term bicycle parking, with long-term being the absolute minimum per the building code and flexibility provided for the developer to provide an appropriate ratio of long-term versus short-term as the market may demand 7) Consolidating land uses into categories that provide for specific parking ratios 8) Acknowledging that Downtown is unique in demand for bicycle parking, and providing consideration of future programs for public/privately funded bicycle corrals 9) Addressing bicycle valet parking for temporary uses and special events An important aspect of Table 6 includes the ability for applicants to request parking reductions. Parking reductions are available for projects which meet specific requirements and may be combined with other reductions. Currently, the Zoning Regulations contain six different possible parking reductions each with different criteria and percentages of reductions. Alternatively, the City may consider requiring each request for a parking reduction to submit a parking st udy specific to their site and use. This would result in more specific information and better decision making by determining the actual effects of a parking reduction. Under this approach, the City would do away with the six parking reductions of certain percentages and rely on the parking study to recommend the proper type and percentage of parking reduction. While preparing the parking study could involve a professional, traffic information is widely available in the industry and these parking studies would typically be 2-3 pages; not the technical and lengthy traffic reports associated with larger projects. Parking reductions for small projects and changes in use in existing buildings could be approved by a Director’s Action while parking reductions for projects requiring a use permit would be reviewed by the decision-making body. Packet Pg 26 2 The basic approach to adjusting the parking standards is to use the Institute of Transportation Engineers (ITE) demand as a base for establishing parking requirements. The IT E parking requirements would be a guide to assist in determining appropriate parking requirements consistent with other communities. Generally speaking, the City’s parking requirements are higher (requiring more spaces) than the ITE standards. Adjusting the City’s parking requirements to be more in line with the ITE standards could reduce the number and extent of requested parking reductions. Policy Direction: Staff is seeking direction from Council on whether parking requirements should be adjusted to reflect the City’s multi-modal objectives in conjunction with revised and modified parking reduction standards. These would include reducing the parking requirements to be more consistent with ITE standards, lowering the level of review for parking reductions, and relying on project-specific parking studies to determine the proper type and percentage of the reduction. ENVIRONMENTAL REVIEW As this is a study session with no direction or action to be provided, environmental review is not required at this time. The required level of environmental review will be prepared to support Council’s adoption of revised zoning regulations. FISCAL IMPACT As this is a study session with no direction or action to be provided, no fiscal impact will occur. FOCUS QUESTIONS FOR STUDY SESSION Focus Questions for Study Session Yes No 1. Revise the density calculations as discussed for simplification and to continue encouraging smaller housing units? 2. Allow flexible density downtown by removing density limits from s maller (600 sq. ft.) units? This would also include applying the downtown development standards to the Upper Monterey corridor (to the trestle) and bringing back the corresponding Ordinance Overlay Zone map as part of this Zoning Regulations Update. 3. Regulate rooftop uses by establishing setbacks, hours, size limits, and other standards to balance the use and enjoyment of rooftop uses with the privacy of residential settings? 4. Whether current alcohol outlet practices and the incorporation of conditions of approval as standards are adequate to address safety concerns downtown? 5. Whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning Regulations Update? Packet Pg 27 2 6. Remove specific barriers to ADU construction? Frontage improvements and/or impact fees? 7. Consolidate and streamline the review process for more simplicity, as outlined in the report? 8. Whether parking requirements should be adjusted to reflect the City’s multi -modal objectives in conjunction with revised and modified parking reduction standards? These would include reducing the parking requirements to be more consistent with ITE standards, lowering the level of review for parking reductions, and relying on project-specific parking studies to determine the proper type and percentage of the reduction. Attachments: a - Zoning Regulations Outline Packet Pg 28 2 October 23, 2017 TO: Doug Davidson, Deputy Director of Community Development, Development Review Kyle Bell, Associate Planner City of San Luis Obispo FROM: MIG Consultant Team RE: Final Updated Zoning Regulations Outline Below we present the outline for the reorganization of Title 17 (Zoning Regulations) of the San Luis Obispo Municipal Code. This builds on the August 4, 2017 outline memo by incorporating revisions from the public and Planning Commission at the September 13, 2017 Planning Commission study session , plus staff’s comments from September 14, 2017. As we noted previously, this outline serves as a guide to the reorganization . Once we have reorganized, we will use track changes to show amendments to regulations. Article 1: Enactment, Applicability, and Enforcement New (and Notes) Existing (and Notes) CHAPTER 17.02. PURPOSE AND APPLICABILITY OF THE ZONING REGULATIONS 17.020.010 – Title 17.020.010 – Title 17.020.020 – Purpose and Authority 17.020.020 – Purpose 17.020.030 – General Requirements 17.020.030 – General Requirements 17.020.040– Relationship to Prior Ordinances and Other Codes New 17.020.050 – General Plan Consistency – Regulations Interpretation and Application 17.020.050 – General Plan Consistency – Regulations Interpretation and Application 17.02.060 – Relationship to California Environmental Quality Act Explains how processes are affected by CEQA review. New 17.02.070 – Relationship to Design Guidelines New 17.02.080 – Relationship to Specific Plans New 17.02.090 – Prior Rights and Violations New 17.02.100 – Limitations on Use New 17.02.110 – Severability, Partial Invalidation of the Zoning Regulations New Packet Pg 29 2 Article 1: Enactment, Applicability, and Enforcement New (and Notes) Existing (and Notes) 17.02.120 - Enforcement Chapter 17.72: Enforcement CHAPTER 17.04. INTERPRETATION OF THE ZONING REGULATIONS 17.04.010 – Rules of Interpretation 17.020.040 - Interpretations 17.04.020 – Procedures for Interpretation 17.020.040 - Interpretations 17.04.030 – Uses Not Classified This provides greater clarity on how the Director deals with unclassified uses and formalizes a process for recording interpretations. New 17.04.050 – Text Takes Precedence over Graphics New CHAPTER 17.06. ZONES ESTABLISHED AND ZONING MAP 17.06.010 – Purpose New 17.06.020 – Designation of Zones 17.060.010 – Designation of Zones 17.06.030 – Official Zoning Map 17.06.020 – Areas within the City to Be Designated within a Zone District – Zoning Map to be Part of these Regulations 17.06.040 – Uncertainty of Boundaries New 17.06.050 – Classification of Annexed Lands and Unclassified Property 17.70.050 – Annexation and Prezoning Article 2: Zones, Allowable Uses, and Development and Design Standards New (and Notes) Existing (and Notes) CHAPTER 17.10. USE REGULATIONS 17.10.010 – Use Regulations This section will include current Table 9 (which may have a new number). Will include provisions for prohibited uses in current 17.22, elsewhere in the Zoning Regulations, and as directed by City staff Regarding the current Table 9 notes, we will look to relocate the notes to the chapters addressing specific zones and we will include a cross reference in the “Specific Use Regulations” in Table 9. 17.22 Use Regulation (Table 9 and introductory text) 17.08.070 – Mineral Extraction Chapter 17.92: Onshore Support Facilities CHAPTER 17.12. AGRICULTURAL (AG) ZONE 17.12.010 – Purpose and Application 17.33.010 – Purpose and Application 17.12.020 – Development Standards 17.33.020 – Property Development Standards CHAPTER 17.14. CONSERVATION/OPEN SPACE (C/OS) ZONE 17.14.010 – Purpose and Application 17.32.010 – Purpose and Application 17.14.020 – Development Standards 17.32.020 – Property Development Standards CHAPTER 17.16. LOW-DENSITY RESIDENTIAL (R-1) ZONE 17.16.010 – Purpose and Application 17.24.010 – Purpose and Application 17.16.020 – Development Standards 17.24.020 – Property Development Standards 17.16.040 – Recreational Vehicle Parking 17.16.050 – Manufactured Housing 17.16.060 – Guest Quarters 17.21.020 – Guest Quarters 17.16.070 – Accessory Dwelling Units 17.21.010 – Accessory Dwelling Units Packet Pg 30 2 Article 2: Zones, Allowable Uses, and Development and Design Standards New (and Notes) Existing (and Notes) CHAPTER 17.18. MEDIUM-DENSITY RESIDENTIAL (R-2) ZONE 17.18.010 – Purpose and Application 17.26.010 – Purpose and Application 17.18.020 – Development Standards 17.26.020 – Property Development Standards 17.18.030 – Recreational Vehicle Parking CHAPTER 17.20. MEDIUM-HIGH DENSITY RESIDENTIAL (R-3) ZONE 17.20.010 – Purpose and Application 17.28.010 – Purpose and Application 17.20.020 – Development Standards 17.28.020 – Property Development Standards 17.20.030 – Recreational Vehicle Parking CHAPTER 17.22. HIGH-DENSITY RESIDENTIAL (R-4) ZONE 17.22.010 – Purpose and Application 17.30.010 – Purpose and Application 17.22.020 – Development Standards 17.30.020 – Property Development Standards 17.22.030 – Recreational Vehicle Parking CHAPTER 17.24. OFFICE (O) ZONE 17.24.010 – Purpose and Application 17.34.010 – Purpose and Application 17.24.020 – Development Standards 17.34.020 – Property Development Standards CHAPTER 17.26. COMMERCIAL-NEIGHBORHOOD (C-N) ZONE 17.26.010 – Purpose and Application 17.38.010 – Purpose and Application 17.26.020 – Development Standards 17.38.020 – Property Development Standards CHAPTER 17.28. COMMERCIAL-RETAIL (C-R) ZONE 17.28.010 – Purpose and Application 17.40.010 – Purpose and Application 17.28.020 – Development Standards 17.40.020 – Property Development Standards CHAPTER 17.30. COMMERCIAL-COMMUNITY (C-C) ZONE 17.30.010 – Purpose and Application 17.41.010 – Purpose and Application 17.30.020 – Development Standards 17.41.020 – Property Development Standards CHAPTER 17.32. COMMERCIAL-DOWNTOWN (C-D) ZONE 17.32.010 – Purpose and Application 17.42.010 – Purpose and Application 17.32.020 – Development Standards 17.42.020 – Property Development Standards CHAPTER 17.34. COMMERCIAL-TOURIST (C-T) ZONE 17.34.010 – Purpose and Application 17.44.010 – Purpose and Application 17.34.020 – Development Standards 17.44.020 – Property Development Standards CHAPTER 17.36. COMMERCIAL-SERVICE (C-S) ZONE 17.36.010 – Purpose and Application 17.46.010 – Purpose and Application 17.36.020 – Development Standards 17.46.020 – Property Development Standards CHAPTER 17.40. MANUFACTURING (M) ZONE 17.40.010 – Purpose and Application 17.48.010 – Purpose and Application 17.40.020 – Development Standards 17.48.020 – Property Development Standards CHAPTER 17.42. BUSINESS PARK (BP) ZONE 17.42.010 – Purpose and Application 17.49.010 – Purpose and Application 17.42.020 – Development Standards 17.49.020 – Property Development Standards CHAPTER 17.46. PUBLIC FACILITY (PF) ZONE 17.46.010 – Purpose and Application 17.36.010 – Purpose and Application 17.46.020 – Development Standards 17.36.020 – Property Development Standards 17.46.030 – Public School Tenant Uses 17.36.030 – Public School Tenant Uses CHAPTER 17.52. PLANNED DEVELOPMENT (PD) OVERLAY ZONE 17.52.010 – Purpose 17.50.010 – Purpose 17.52.020 – Applicability 17.50.020 – Application and Procedure 17.52.030 – Preliminary Development Plan 17.62.010 – Preliminary Development Plan Packet Pg 31 2 Article 2: Zones, Allowable Uses, and Development and Design Standards New (and Notes) Existing (and Notes) Required 17.52.040 – Process for Approval 17.62.020 – Actions of the Planning Commission 17.62.030 – Actions of the Council 17.62.040 – Required Findings 17.62.045 – Decision and Findings 17.52.050 – Final Development Plan 17.62.060 – Final Development Plan 17.62.050 – Requirement for Development Plan 17.52.060 – Phasing 17.62.070 – Phasing 17.52.070 – Amendment to Final Development Plan 17.62.080 – Amendment of Final Development Plan 17.52.080 – Revocation of PD Zoning 17.62.090 – Revocation of PD Zoning CHAPTER 17.54. SPECIFIC PLAN (SP) OVERLAY ZONE 17.54.010 – Purpose and Application 17.52.010 – Purpose and Application 17.54.020 – Allowed Uses 17.52.020 – Allowed Uses 17.54.030 – Development Standards 17.52.030 – Development Standards CHAPTER 17.56. SPECIAL FOCUS AREA (S-F) OVERLAY ZONE 17.56.010 – Purpose and Application 17.53.010 – Purpose and Application 17.56.020 – Allowed Uses 17.53.020 – Allowed Uses and Development Standards 17.56.030 - Development Standards 17.53.020 – Allowed Uses and Development Standards 17.56.040 – Subsequent Amendments 17.53.030 – Subsequent Amendments CHAPTER 17.58. HISTORICAL PRESERVATION (H) OVERLAY ZONE 17.58.010 – Purpose and Application 17.54.010 – Purpose and Application 17.58.020 – Allowed Uses 17.54.020 – Allowed Uses 17.56.030 – Development Standards 17.54.030 – Development Standards CHAPTER 17.60. MIXED USE (MU) OVERLAY ZONE 17.60.010 – Purpose 17.55.010 – Purpose 17.60.020 – Application and Procedure 17.55.020 – Application and Procedure 17.60.030 – Development and Design Standards We propose to consolidate the MU provisions throughout Title 17 into this chapter to make them easier to use. Also, provisions beyond the current regulations will be included to address LUCE policy and to reflect elimination of the current live/work and work/live provisions. 17.55.030 – Development Standards 17.08.072 – Mixed Use Projects B. Mix of Uses C. Maximum Density D. Site Layout and Project Design Standards 17.60.040 – Design Considerations 17.087.072.A – Mixed Use Projects: Design Considerations 17.60.050 – Performance Standards 17.087.072.E – Mixed Use Projects: Performance Standards 17.60.060 – Requirements for Use Permit Projects 17.087.072.F – Mixed Use Projects: Requirements for Use Permit Projects CHAPTER 17.62. SPECIAL CONSIDERATION (S) OVERLAY ZONE 17.62.010 – Purpose and Application 17.56.010 – Purpose and Application 17.62.020 – Allowed Uses 17.56.020 – Allowed Uses 17.62.030 – Development Standards 17.56.030 – Development Standards 17.62.040 – Waiver of Use Permit Requirement with Subdivision Map 17.56.040 – Waiver of Use Permit Requirement with Subdivision Map CHAPTER 17.64. AIRPORT (AOZ) OVERLAY ZONE Packet Pg 32 2 Article 2: Zones, Allowable Uses, and Development and Design Standards New (and Notes) Existing (and Notes) 17.64.010 – Purpose 17.57.010 – Purpose and Intent 17.64.020 – Applicability 17.57.020 – Applicability 17.57.050 – Airport Overlay Zone 17.64.030 – Allowed Uses 17.57.040 – Development Standards and Uses and Table 10 17.64.040 – Development Standards 17.57.040 – Development Standards and Uses 17.64.050 – Procedures for Establishing Uses within the AOZ 17.57.030 – Procedures 17.64.060 – Airspace Protection 17.57.060 – Airspace Protection 17.64.070 – Noise Compatibility Standards 17.57.070 – Noise 17.64.080 – Overflight Notice 17.57.080 – Overflight Notice 17.64.090 – Designated Clear Areas 17.57.090 – Open Land Packet Pg 33 2 Article 3: Regulations and Standards Applicable to All Zones New (and Notes) Existing (and Notes) CHAPTER 17.XX. SITE DEVELOPMENT AND GENERAL DEVELOPMENT STANDARDS ▪ Permitted Projections into Required Setback Areas ▪ Vision Clearance Triangle at Intersections ▪ Height Measurement and Exceptions Regarding the remaining provisions below: Each will be a separate chapter. W e have not listed the detailed regulations for each topic. New 17.16.020.D – What May Occupy Yards 17.16.020.E.2.f – Intersection Visibility 17.16.040 Height Applicability of Other Provisions in the Zoning Regulations 17.17.020 - Applicability of Other Provisions 17.16.005 - Applicability of Other Provisions Accessory Structures in Residential Zones 17.21.030 – Accessory Structures Building Setback Lines Chapter 17.74: Building Setback Lines (Plan Line) Coverage 17.16.030 – Coverage Creek Setbacks 17.16.025 – Creek Setbacks Density 17.16.010 – Density Fences, Walls, and Hedges 17.16.050 – Fences, Walls, and Hedges= Flood Damage Prevention Chapter 17.84: Flood Damage Prevention Regulations Night Sky Preservation Chapter 17.23: Night Sky Preservation Outdoor Sales and Storage 17.16.090 – Screening of Outdoor Sales and Storage Parking and Loading 17.16.060 – Parking Space Requirements and Table 6 17.16.070 – Parking and Driveway Design and Exceptions Performance Standards A. Applicability B. Air Contaminants C. Discharges to Water or Public Sewer System D. Energy Conservation E. Hazardous Materials F. Heat and Cold G. Illumination H. Noise I. Solid Waste J. Vibration Chapter 17.18: Performance Standards New: Applicability (same as 17.18.090 – General and Special Conditions), Hazardous Materials, Cold Property Maintenance Standards Chapter 17.17: Property Maintenance Standards Public Art Requirements for Private Development Definitions could be kept in this section or moved to Definitions chapter. Chapter 17.98: Public Art Requirements for Private Development Street Right-of-Way Dedication and Improvement Chapter 17.76: Street Right-of-Way Dedication and Improvement Water-Efficient Landscape Standards We recommend keeping these definitions specific to Chapter 17.87: Water Efficient Landscape Standards Packet Pg 34 2 Article 3: Regulations and Standards Applicable to All Zones New (and Notes) Existing (and Notes) this chapter here rather than place them in the Definitions chapter. Yards 17.16.020 – Yards (except D. and E.2.f) Packet Pg 35 2 This is the place to consider adding any other uses for which the City has routine conditions it may wish to codify. Also, each land use topic will be a separate chapter; we have not listed the detailed regulations for each topic in this outline. Article 4: Regulations for Specific Land Uses and Activities New (and Notes) Existing (and Notes) Adult Entertainment Businesses We recommend keeping these definitions specific to this chapter here rather than place them in the Definitions chapter. Chapter 17.95: Adult Entertainment Businesses Alcoholic Beverage Sales - Deemed Approved Regulations 17.11: Deemed Approved Alcoholic Beverage Sales Regulations Alcoholic Beverages and Motor Fuel – Concurrent Sales 17.08.040 - Concurrent Sales of Motor Fuel and Alcoholic Beverages Bed and Breakfast Establishments Chapter 17.19: Bed and Breakfast Establishments Convenience Stores 17.08.095 – Convenience Stores Day Care – Large Family (Seven to 14 children) 17.08.100 – Child and Adult Day Care Day Care – Small Family (Eight or fewer children) 17.08.100 – Child and Adult Day Care Day Care Centers – Adult and Children 17.08.100 – Child and Adult Day Care Electronic Game Amusement Centers 17.08.060 – Electronic Game Amusement Centers Home Occupations 17.08.090 – Home Occupation Homeless Shelters 17.08.110 – Homeless Shelters Homestay Rentals 17.08.140 – Homestay Rentals Outdoor Sales on Commercial and Residential Lots 17.08.020 - Outdoor Sales on Commercial and Residential Lots Pools and Pool Equipment - Location 17.08.120 – Location of Pool and Pool Equipment Public Utilities 17.08.080 – Public Utilities Recreational Vehicle as Dwelling Unit—Limitations 17.16.015 – Recreational Vehicle as Dwelling Unit Religious Assembly Uses in Residential Zones Suggest to include performance standards to minimize conflicts in residential neighborhoods New Safe Parking 17.08.115 – Safe Parking Satellite Dish Antenna 17.16.110 – Satellite Dish Antenna Service Stations 17.08.030 – Service Stations Temporary and Intermittent Uses 17.08.010 – Temporary and Intermittent Uses Vending Machines 17.08.050 – Vending Machines Wireless Telecommunications Facilities 17.16.120 – Wireless Telecommunications Facilities Packet Pg 36 2 Article 5: Nonconformities New (and Notes) Existing (and Notes) CHAPTER XX: NONCONFORMING STRUCTURES Intent 17.14.010 - Intent Regulations 17.14.020 – Regulations 17.16.035 – Size limits on large-scale retail establishments CHAPTER XX: NONCONFORMING USES Intent 17.10.010 - Intent Regulations 17.10.020 - Regulations CHAPTER XX: NONCONFORMING LOTS Intent 17.12.010 - Intent Regulations 17.12.020 - Regulations Packet Pg 37 2 This is the place to consider adding any other permitting or administrative provisions that would benefit from codification. For example, should the Design Review Process be included here? Does the City have a Zoning Clearance process? Administrative Adjustments? Article 6: Permit Procedures New (and Notes) Existing (and Notes) CHAPTER XX: GENERAL PROVISIONS Purpose and Intent New Discretionary Permits and Action This will include a chart showing the various permits and responsible review/hearing bodies. New Exemptions from Permit Requirements New Additional Permits May Be Required New Burden of Proof and Precedence New CHAPTER XX: PERMIT APPLICATION FILING AND PROCESSING Purpose This new chapter consolidates common provisions from each of the chapters that address how to file applications and how staff goes about reviewing applications before sending them to the responsible review/acting authority. New Authority for Land Use and Zoning Decisions New Multiple Permit Applications New Application Preparation and Filing 17.58.020 – Application Form Application Fees Chapter 17.68: Fees Applicant Indemnification New Initial Application Review New Project Evaluation and Staff Reports New Environmental Review New Reapplication for Denied Permit Application Chapter 17.64: Repeat Applications Inactive Applications Chapter 17.65: Inactive Applications CHAPTER XX: ADMINISTRATIVE AND PLANNING COMMISSION USE PERMITS Purpose and Intent 17.58.010 – Purpose and Intent Procedure – Administrative Use Permit 17.58.030 - Procedures Procedure – Planning Commission Use Permit 17.58.030 - Procedures Conditions of Approval 17.58.050 – Conditions of Approval Criteria for Approval 17.58.060 – Criteria for Approval Required Findings 17.58.040 - Findings Requirement for and Compliance with Use Permits 17.58.070 - Requirement for and Compliance with Use Permits Modification of Use Permit New Permit to Run with the Land New – This states State law. CHAPTER XX: REASONABLE ACCOMMODATION Purpose and Intent 17.61.010 – Purpose and Intent Requests for Reasonable Accommodation 17.61.040 - Requests for Reasonable Accommodation Application Requirements 17.61.050 – Application Requirements Review Authority 17.61.030 – Review Authority Packet Pg 38 2 Article 6: Permit Procedures New (and Notes) Existing (and Notes) Conditions of Approval 17.61.080 – Conditions of Approval Required Findings 17.61.060 - Required Findings Occupancy Requirement 17.61.070 – Performance Standard Modification of Use Permit New Permit to Run with the Land New – This states State law. Appeals 17.61.090 Appeals CHAPTER XX: VARIANCES Purpose and Intent 17.60.010 – Purpose and Intent 17.60.020 – Scope Procedure 17.60.030 - Procedure Burden of Proof New Required Findings 17.60.040 - Findings Expiration 17.60.050 - Expiration Modification of Use Permit New Permit to Run with the Land This states State law. New Packet Pg 39 2 Article 7: Administration of Zoning Regulations New (and Notes) Existing (and Notes) CHAPTER XX: ADMINISTRATIVE RESPONSIBILITY Purpose This is a new chapter that sets forth the responsibilities of the review authorities. New Community Development Director Planning Commission Architectural Review Commission Cross reference to Chapter 2.48 City Council CHAPTER XX: AMENDMENTS - ZONING REGULATIONS AND ZONING MAP Scope 17.70.010 – Scope Authority to Initiate an Amendment 17.70.020 – Initiation Processing, Notice, and Hearings 17.70.030 – Planning Commission Action 17.70.040 – Council Action CHAPTER XX: GENERAL PLAN AMENDMENTS Purpose 17.80.010 – Title 17.80.020 – Amendments to be made in manner provided in this chapter 17.80.030 – Purpose Authority to Initiate an Amendment 17.80.040 – Initiation of Amendments - Applications Schedule for and Coordination of Amendments 17.80.050 – Schedule for Amendments 17.80.080 – Coordination of Amendments Processing, Notice, and Hearings 17.80.060 – Planning Commission Action 17.80.070 – Council Action CHAPTER XX: APPEALS Standing to Appeal 17.66.010 – Standing to Appeal Time to File Appeal 17.66.020 – Time Limits Content of Appeal Filing 17.66.040 – Content of Appeals Course of Appeals 17.66.030 – Course of Appeals Hearings and Notice 17.66.050 – Hearings and Notice CHAPTER XX: PUBLIC NOTICES AND HEARINGS Purpose This chapter consolidates all similar requirements throughout Title 17 regulating how hearings are noticed, scheduled, and conducted. Notice of Hearing Scheduling of Hearing Hearing Procedure Recommendation by Planning Commission Recommendation by Architectural Review Commission New Cross reference to Chapter 2.48. Coordination of Multiple Appeals on Single Application This is the new process we have discussed to bring forward to the City Council, as one packet, appeals New Packet Pg 40 2 Article 7: Administration of Zoning Regulations New (and Notes) Existing (and Notes) on PC action and ARC action. Effective Date of Decision CHAPTER XX: DEVELOPMENT AGREEMENTS Purpose and Scope 17.94.010 Purpose and Scope Authority 17.94.020 Authority Initiation of Hearings 17.94.030 Initiation of Hearings Applications—Legal Interest 17.94.040 Applications—Legal Interest Fees 17.94.050 Fees Preapplication Review 17.94.060 Preapplication Review Application—Contents 17.94.070 Application—Contents Public Notice 17.94.080 Public Notice Failure to Receive Notice 17.94.090 Failure to Receive Notice Planning Commission Hearing and Recommendation 17.94.100 Planning Commission Hearing and Recommendation City Council Hearing 17.94.110 City Council Hearing City Council Action 17.94.120 City Council Action Development Agreement—Contents 17.94.130 Development Agreement—Contents Development Agreement—Adoption by Ordinance— Execution of Contract 17.94.140 Development Agreement—Adoption by Ordinance—Execution of Contract Recordation of Executed Agreement 17.94.150 Recordation of Executed Agreement Ordinance, Regulations, and Requirements Applicable to Development 17.94.160 Ordinances, Regulations and Requirements Applicable to Development Subsequently Enacted State and Federal Laws 17.94.170 Subsequently Enacted State and Federal Laws Enforcement—Continuing Validity 17.94.180 Enforcement—Continuing Validity Amendment—Time Extension—Cancellation 17.94.190 Amendment—Time Extension— Cancellation Review for Compliance—Director’s Authority 17.94.200 Review for Compliance—Director’s Authority Violation of Agreement—Council Review and Action 17.94.210 Violation of Agreement—Council Review and Action Modification or Termination for Violations 17.94.220 Modification or Termination for Violations Consequences of Termination 17.94.230 Consequences of Termination Irregularity of Proceedings 17.94.240 Irregularity in Proceedings Coordination of Approvals 17.94.250 Coordination of Approvals Packet Pg 41 2 Article 8: Housing-Related Regulations New (and Notes) Existing (and Notes) CHAPTER XX: INCLUSIONARY HOUSING REQUIREMENTS Purpose 17.91.010 - Purpose Definitions 17.91.020 - Definitions Applicability and Exclusions 17.91.030 - Applicability and Exclusions General Standards 17.91.040 - General Standards Procedures 17.91.050 - Procedures In-lieu Housing Fee 17.91.060 - In-lieu Housing Fee Affordable Housing Fund Established 17.91.070 - Affordable Housing Fund Established Real Property Dedication 17.91.080 - Real Property Dedication Incentives 17.91.090 - Incentives Project Application 17.91.100 - Project Application Conditions of Approval 17.91.110 - Conditions of Development Approval Program Requirements 17.91.120 - Program Requirements Eligibility Screening 17.91.130 - Eligibility Screening Affordability Restrictions 17.91.140 - Affordability Restrictions Shared Equity Purchase Program 17.91.150 - Shared Equity Purchase Program Early Resale of Shared Equity Properties 17.91.151 - Early Resale of Shared Equity Properties Management and Monitoring 17.91.160 - Management and Monitoring Enforcement and Appeals 17.91.170 - Enforcement and Appeals Severability 17.91.180 - Severability CHAPTER XX: AFFORDABLE HOUSING INCENTIVES Purpose These may require minor adjustments to conform to recent changes in State law. 17.90.010 – Purpose Definitions We recommend keeping these definitions specific to this chapter here rather than place them in the Definitions chapter. 17.90.020 - Definitions Application Process 17.90.030 - Application Process Standard Incentives for Housing Projects 17.90.040 - Standard Incentives for Housing Projects Standard Incentives for Conversion of Apartments to Condominium Projects 17.90.050 - Standard Incentives for Conversion of Apartments to Condominium Projects Alternative or Additional Incentives 17.90.060 - Alternative or Additional Incentives Relationship to Other City Procedures 17.90.070 - Relationship to Other City Procedures Agreements for Affordable Housing 17.90.080 - Agreements for Affordable Housing Fees Because this fee provision is very specific to this process, we recommend keeping it here instead of with the more generic fee provisions. 17.90.090 – Fees Affordability Standards 17.90.100 - Affordability Standards Occupant Qualifications 17.90.110 - Occupant Screening Packet Pg 42 2 Article 8: Housing-Related Regulations New (and Notes) Existing (and Notes) CHAPTER XX: DOWNTOWN HOUSING CONVERSION REGULATIONS Purpose and Intent 17.86.010 - Purpose and Intent Area of Applicability 17.86.020 - Area of Application Definitions We recommend keeping these definitions specific to this chapter here rather than place them in the Definitions chapter. 17.86.030 – Definitions Land Uses Affected 17.86.040 - Land Uses Affected No Net Housing Loss 17.86.050 - No Net Housing Loss Exceptions 17.86.060 - Exceptions Public Hearing Required 17.86.090 – Public Hearing—Notification Conditions of Approval 17.86.080 – Conditions of Approval Required Findings 17.86.070 – Findings Required CHAPTER XX: RESIDENTIAL GROWTH M ANAGEMENT REGULATIONS Purpose and Justification 17.88.010 - Purpose and Justification Allocations 17.88.020 - Allocations Periodic City Council Review and Consideration of Revisions 17.88.030 - Periodic City Council Review and Consideration of Revisions Interim Urgency Regulations Chapter 17.20: Residential Occupancy Standards This section may be adjusted to ensure compliance with federal fair housing laws. Other regulations address the concern via regulating the types of housing allowed in each zone, building code limits on occupancy, parking regulations for larger units, and requirements for what constitutes a bedroom. 17.70.060 – Other Requirements This section may be removed since it just states Government Code requirements for urgency ordinances and other provisions. Chapter 17.93: High-Occupancy Residential Use Regulations This section may be adjusted to ensure compliance with federal fair housing laws. Packet Pg 43 2 Article 9: Definitions New (and Notes) Existing (and Notes) CHAPTER XX: DEFINITIONS A Adult Business definitions will be kept in the Adult Business provisions. A B B C C D D E E F F 17.84.020 Definitions (Floodplain Management Regulations) G G H H I I J J K K L A new section will be provided to group all Land Use related (uses listed in Table 9) definitions. L M M N N O O P P 17.989.020 Definitions (Public Art) Q Q R R 17.61.020 Definitions (for Reasonable Accommodation) S S T T U U V V W W X X Y Y Z Z Packet Pg 44 2 Chapters/Sections Deleted and Why Chapter or Section Reason for Deletion 17.08.130 – Live/Work and Work/Live Units Incorporated into Mixed Use Overlay regulations 17.16.100 – Utility Services Previously deleted by Ord. No. 1287 Chapter 17.82: Residential Condominium Development and Conversions Previously deleted by Ord. No. 1490 Packet Pg 45 2 Page intentionally left blank. Packet Pg 46 2 Staff Presentation ‐Item 02 4/10/2018 1 Zoning Regulations Update City Council Study Session April 10, 2018 Agenda Update the City Council on progress of Zoning Regulations update Receive policy direction on key issues: 1)Calculating density 2)Flexible density in Downtown/Upper Monterey 3)Rooftop uses 4)Alcohol outlet practices 5)Tiny homes on wheels 6)Removing barriers to ADU construction 7)Streamlined project review processes 8)Parking standards 2 Staff Presentation ‐Item 02 4/10/2018 2 Why Update the Zoning Regulations? Implement Land Use and Circulation Elements Reflect new State laws Modernize land use and development practices Streamline administrative procedures Make the Regulations easier to use 3 Summary Updates Staff Presentation ‐Item 02 4/10/2018 3 Public Input Stakeholder and resident interviews Joint study session April 12, 2017 June 3, 2017 community workshop Information presented to the Planning Commission at regularly scheduled meetings (pages 17/18 of agenda report) Coordination among City departments and with the County Airport staff 5 Next Steps Public Workshop – May 3 rd 6:00-8:00 ALUC Hearing - May 16 th Planning Commission Review and Recommendation – June 13 th, 14th, and 27th City Council Hearing – August 21 st Ongoing PC study sessions – 2 nd and 4th Wednesdays of the month 6 Staff Presentation ‐Item 02 4/10/2018 4 Updated Organization Article 1: Enactment, Applicability, and Enforcement Article 2: Zones, Allowable Uses, and Development and Design Standards Article 3: Regulations and Standards Applicable to All Zones Article 4: Regulations for Specific Land Uses and Activities Article 5: Nonconformities Article 6: Permit Procedures Article 7: Administration of Zoning Regulations Article 8: Housing-Related Regulations Article 9: Definitions 7 Articles 1 through 9 group related provisions to help users navigate the Zoning Regulations: Updated Table 9 – Land Use Regulations Extensively revised to: Reflect modern land use practices Consolidate similar/repetitive land uses (Offices!) Encourage economic development Achieve compatibility 8 Staff Presentation ‐Item 02 4/10/2018 5 Neighborhood Compatibility LUCE Policy 2.13: Address large homes and transition issues (edge conditions) between lower-scale and higher-scale development Two neighborhood workshops/ARC/PC sessions Recommendations: 1)Upper story stepbacks for edge conditions 2)FAR standards in R-1 3)Graphics to enhance the regulations 9 State Housing Legislation New State Housing laws expand protections for housing projects and make it more difficult to deny or reduce a project’s density. City must establish objective design criteria for multifamily housing and mixed-use development that is 2/3 residential to implement development standards such as “compatibility”. 10 Staff Presentation ‐Item 02 4/10/2018 6 Issues for Discussion and Policy Direction Changing How Density Is Calculated Current Regulations (page 19 of agenda report) •Studio (450 sq. ft.) = 0.50 units •1 bedroom = 0.66 units •2 bedrooms = 1.00 units •3 bedrooms = 1.50 units •4+ bedrooms = 2.00 units 12 Staff Presentation ‐Item 02 4/10/2018 7 Changing How Density Is Calculated Proposed Regulations •Studio and 1 bedroom < 600 sf = 0.50 unit •1 bedroom 600-1,000 sf = 0.66 unit •No changes to 2, 3, or 4-bedroom density •Allow 2 density units in a R-2 zone regardless of lot size; same for R-3, R-4 13 Discussion and Direction: Density Staff is seeking direction from the Council to revise the density calculations as presented for simplification and to continue encouraging smaller housing units. Staff Presentation ‐Item 02 4/10/2018 8 Flexible Density Downtown/Upper Monterey •Consider no density requirement for units smaller than 600 sf to encourage smaller dwellings •Height, setbacks, parking, and massing regulations─together with the Community Design Guidelines─would guide development •Downtown standards in Upper Monterey area with Planning Commission approval 15 Flexible Density Downtown/Upper Monterey 16 Map of upper Monterey district Doug/Kyle: Do you have one? If not, we can produce. Staff Presentation ‐Item 02 4/10/2018 9 Discussion and Direction: Downtown a)Staff is seeking direction from the Council to allow flexible density Downtown by removing density limits from smaller (600 sq. ft.) units. b)Also to include applying the Downtown development standards to the Upper Monterey corridor (to the trestle) as an Ordinance Overlay Zone map as part of the Zoning Regulations Update. Regulation of Rooftop Uses The Good: Amenities and Views 18 Staff Presentation ‐Item 02 4/10/2018 10 Regulation of Rooftop Uses The Bad: Noise and Privacy Concerns 19 Discussion and Direction: Rooftop Uses Staff is seeking direction from the Council to regulate rooftop uses by establishing setbacks, hours, size limits, and other standards to balance the use and enjoyment of rooftop uses with the privacy of neighboring residences. Staff Presentation ‐Item 02 4/10/2018 11 Alcohol Outlet Regulations 2012 Alcohol Outlet Amendments included a use permit requirement for restaurants serving alcohol after 11:00 p.m., and a Deemed Approved Ordinance for existing alcohol outlets Council Memo on Effectiveness of Amendments (March 15, 2018) LUCE Policy 4.32 implemented via codified standard conditions which were developed during the 2012 Amendments 21 Discussion and Direction: Alcohol Outlets Staff is seeking direction from the Council on whether current practices and the incorporation of conditions of approval as standards are adequate to address safety concerns Downtown or if additional regulations should be explored to address specific impacts. Staff Presentation ‐Item 02 4/10/2018 12 Tiny Homes Tiny homes as ADUs 23 Tiny Homes Tiny homes on wheels are RVs. 24 Staff Presentation ‐Item 02 4/10/2018 13 Tiny Homes Concerns regarding tiny homes on wheels: Where to park them Water connection Sewer connection Electric power connection Aesthetics 25 Discussion and Direction: Tiny Homes Staff is seeking direction from the Council on whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning Regulations Update. The following potential requirements would be explored if Council provides such direction: a)Revised definitions and regulations associated with RVs b)Zones at which these uses could be considered allowed or conditionally allowed c)Building permit requirements to establish appropriate and safe connections to utilities as discussed above d)Operational requirements including but not limited to owner occupancy, licensing agreement, annual inspections, time limits, vehicle registration, size limitations, locations on site, and/or design compatibility Staff Presentation ‐Item 02 4/10/2018 14 Removing Barriers to New ADUs Requirements for frontage improvements (curb, gutter, sidewalk, ADA) Owner occupancy (The ADU Ordinance requires that the property owner live in either the primary residence or ADU.) 27 Discussion and Direction: ADUs Staff is seeking Council direction to remove barriers to ADU construction by exploring the following methods: a)Explore options to reduce the extent of required frontage improvements triggered by ADUs and review the owner occupancy requirement b)Continue the ongoing program to improve the development review process and consider adjusting the permit fees to further facilitate construction of ADUs. Staff Presentation ‐Item 02 4/10/2018 15 Streamlined Development Review Processes 29 1)Director’s Action – An administrative (staff- level) process with no public hearing 2)Minor Use Permit – Action at the Director level but includes a public hearing (Director hearing) 3)Conditional Use Permit – Planning Commission action Streamlined Development Review Processes •ARC to focus on architecture and design per the CDG early in the process concurrent with the CHC, if required •A two-tier process for development review; smaller projects, an ARC recommendation to Director; larger projects, an ARC recommendation to Planning Commission •Concept shared with the ARC and PC •Avoids multiple appeals on the same project 30 Staff Presentation ‐Item 02 4/10/2018 16 Streamlined Development Review Processes 31 Tier 1 – Director (less than 10,000 SF, and/or 5 units) 32 Creamery (Façade Remodel, 3,700 SF) Direct Injectors (6,000 SF)245 Higuera (2 units, 1,500 SF) 460 Marsh (4 units) Staff Presentation ‐Item 02 4/10/2018 17 Tier I – Director (less than 10,000 SF, and/or 5 units) 33 McCarthy Steel (9,800 SF)Libertine (Façade Remodel) SLO Promenade (Façade Remodel) Tier II – PC (greater than 10,000 SF, and/or 5 units) 34 Brownstones (8 units)Boysen Apartments (6 units) 207 Higuera MU (8 units, 1,000 SF)Marsh & Carmel MU (8 units, 1,100 SF) Staff Presentation ‐Item 02 4/10/2018 18 Tier II – PC (greater than 10,000 SF, and/or 5 units) 35 1185 Monterey MU (13 units, 2,400 SF) Caudill MU (36 units, 6,000 SF)Broad Street MU (12 units, 2,700 SF) Courtyard at Serra Meadows (36 units) Tier II – PC (greater than 10,000 SF, and/or 5 units) 36 Poly Performance (25,000 SF)The Yard (43 units) Sears Redevelopment (56,000 SF) Staff Presentation ‐Item 02 4/10/2018 19 Discussion and Direction: Streamlined Review Processes Staff is seeking direction from the Council to consolidate and streamline project review processes for more simplicity. Parking to Achieve Multi-Modal Objectives 38 Staff Presentation ‐Item 02 4/10/2018 20 Parking to Achieve Multi-Modal Objectives Adjust requirements toward ITE standards Lower baseline parking could reduce the # and extent of requested parking reductions Justify reductions with case-specific parking study instead of multiple reductions with a certain % each Simplify parking calculations (restaurant) 39 Discussion and Direction: Parking Staff is seeking direction from Council on whether parking requirements should be adjusted to reflect the City’s multi-modal objectives in conjunction with revised and modified parking reduction standards. These would include reducing the parking requirements to be more consistent with ITE standards, lowering the level of review for parking reductions, and relying on project-specific parking studies to determine the proper type and percentage of the reduction. Staff Presentation ‐Item 02 4/10/2018 21 41 Focus Questions for Study Session Yes No 1.Revise the density calculations as discussed for simplification and to continue encouraging smaller housing units? 2. Allow flexible density downtown by removing density limits from smaller (600 sq. ft.) units? This would also include applying the downtown development standards to the Upper Monterey corridor (to the trestle) and bringing back the corresponding Ordinance Overlay Zone map as part of this Zoning Regulations Update. 3.Regulate rooftop uses by establishing setbacks, hours, size limits, and other standards to balance the use and enjoyment of rooftop uses with the privacy of residential settings? 4.Whether current alcohol outlet practices and the incorporation of conditions of approval as standards are adequate to address safety concerns downtown? 5.Whether to incorporate an opportunity for tiny homes on wheels as part of the Zoning Regulations Update? 6.Remove specific barriers to ADU construction? Frontage improvements and/or water/sewer impact fees? 7.Consolidate and streamline the review process for more simplicity, as outlined in the report? 8. Whether parking requirements should be adjusted to reflect the City’s multi-modal objectives in conjunction with revised and modified parking reduction standards? These would include reducing the parking requirements to be more consistent with ITE standards, lowering the level of review for parking reductions, and relying on project-specific parking studies to determine the proper type and percentage of the reduction. 42 Additional Questions for Study Session Yes No 1.Consider additional zones where schools may be allowed or conditionally allowed 2. 3. 4. 5. 6. 7. 8.