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HomeMy WebLinkAboutO-1591 Amending Title 17 Zoning RegulationsORDINANCE NO. 159f (2013 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (zoNrNG REGULATTONS) OF THE MUNTCTPAL CODE (GPA 6s-12) \ryHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 24, 2073, and recommended approval of amendments to the Municipal Code; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 2, 2073, for the purpose of considering amendments to the Municipal Code (GPA 65-12); and WHEREAS, the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(bX3)). Municipal Code amendments included in Sections 3-30 of this ordinance are summarized below which conclude that it can be seen with certainty that proposed amendments to the Municipal Code could not have a signihcant effect on the environment: Sections 3 through 6. Modifications to Zoning Code definitions including accessory uses, lofts, and dens provide additional clarification in the meaning of existing dehnitions and added definitions will assist users of the Zoning Regulations, including staff and members of the public in interpreting existing regulations and have no potential to have a significant effect on the environment. Sections 7 and 8. Modifications to secondary dwelling unit regulations to allow parking on driveway areas will not have a signihcant effect on the environment since they consist of minor modifications in perforrnance standards for secondary dwelling units by allowing required parking on already established driveways which are typically already used for parking purposes. Section 9. Establishment of regulations for vehicle parking in mechanical lift systems will not have a significant effect on the environment since mechanical lift systems and associated development must comply with all existing Zoning Regulations including height, setbacks, and other requirements such as Parking and Driveway standards. Establishing regulations on mechanical lift systems ensures that the systems will be compatible with the neighborhood and o 1591 Ordinance No. 1591 (2013 Series) Page 2 requires use permit approval to review the proposed systems functionality and establishes requirements for their ongoing upkeep and maintenance. There is no possibility that establishment of these regulations would have a significant effect on the environment. Sections 10 and 11. The proposed establishment of regulations which would limit garage and yard sales to a maximum of four per year will not have a signihcant effect on the environment because regulations will ensure that the sales are consistent with neighborhood character and excessive occurrences of garage and yard sales do not occur. Sections 12 through 14. Establishment of new definitions for Community Gardens, Crop Production and Greenhouses and V/ine-Tasting room dehnition will not have any signihcant effect on the environment since they provide additional clarihcation on the interpretation of Zoning definitions and assist the public and staff in determining proper land use classifications based on existing regulations. Section 15 through 19. Modif,rcations to Table 9, reamanging the classifications of Bar/Tavern and Wine-Tasting room from Recreation, Education, and Public Assembly uses to Retail uses will not have a signihcant effect on the environment because the changes will assist staff and members of the public in logical reference of these land uses in Table 9 (Uses Allowed by Zone). i Section 20. Updates of Affordable Housing Incentives to be consistent with state law will not have a signif,rcant effect on the environment because the updates bring City regulations into compliance with mandated State law requirements and could have no potential to have a significant effect on the environment. Section 21. Amendments to Sign Regulations to correct inconsistencies in sections on exceptions will not have a significant effect on the environment because the modification brings two sections of the regulations into consistency with the intent and purpose of existing Sign Regulations provisions on exceptions. Section 22. Amendments adding provisions for solar shading studies when certain height or setback exceptions are requested will not have a significant effect on the environment since the requirements will ensure that development complies with existing regulations and policies of the General Plan on solar access. Section 23. Amendments adding storm water facilities to zoning requirements as features that must be maintained in accordance with approved plans will not have a significant effect on the environment because the regulations will be consistent with existing regulations which require associated landscaping to be maintained in accordance with approved plans. Section 24. Ãmendments to wireless telecommunications facilities review requirements for colocations will not have a significant effect on the environment since they remove a duplicative review process that is unnecessary for minor additions to existing installations and regulations remain in place that require architectural review for minor colocations. Ordinance No. 1591 (2013 Series) Page 3 Section 25. Amendments to provisions for when denied applications may be resubmitted in less than one year will not have a significant effect on the environment because the changes only clarify which review body may grant the waiver, an action which could not have a significant effect on the environment. Sections 26 and, 21. The modification of provisions for initiation of General Plan Amendments and Zoning Amendments will not have a significant effect on the environment since this change is consistent with standard practice that direction to initiate these actions is prompted by the legislative body (Council). Modifying current regulations to remove Director and Planning Commission authority to initiate General Plan and Zoning Amendments could not have a significant effect on the environment. Section 28. Modification to Table 9, Uses Allowed by Zone, which allow Social Service uses in additional zones including the C-N, C-S, and M zones will not have a significant effect on the environment because no changes to underlying Zoning Regulations including parking requirements, setbacks, coverage, floor area ratio, etc. are proposed. The amendment has no effect on the physical environment and therefore could not have a significant effect on the environment. SECTION 2. Findines. Based upon all the evidence, the Council makes the following findings: 1. The proposed amendments will not significantly alter the character of the City or cause significant health, safety or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies. 2. Periodic amendments, updates, and corrections of the Municipal Code are consistent with General Plan Policy to maintain regulations which are effective in implementing policies consistent with the General Plan. SECTION3. Chapter 17.100. "A." Accessory. of the City of San Luis Obispo's Municipal Code is amended to read as follows: Accessory. "Accessory" means clearly subordinate or incidental and directly related to a permitted use or structure. "Accessory use" includes active or passive solar heating systems and cogeneration facilities. SECTION4. Chapter 17.100. "4." Accessory Structures. of the City of San Luis Obispo's Municipal Code is amended to read as follows: Accessory structures are located upon the same site as the structure or use to which it is accessory. Accessory structures consist of detached structures or additions to primary structures if the addition's floor plan does not include primary interior access from the main dwelling unit through a hallway or common use room. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. "Accessory structures" that include habitable space, as Ordinance No. 1591 (2013 Series) Page 4 defined by the California Building Code, shall be no larger than 450 square feet. SECTION 5. Chapter 100. "D". Den (or family room). of the City of San Luis Obispo's Municipal Code is amended to read as follows: "Den" (or "family room,") means a room which is open on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. (See also "Loft" definition) (Ord. 941 I (part), 1982: prior code 9204.11 (part)). SECTION 6. Chapter 17.I00."L." Loft. A new Zoning definition is hereby added to the City of San Luis Obispo's Municipal Code: Loft (or Mezzanine). "Loft" or "Mezzanine" means a partial or intermediate level of a building interior containing floor area without enclosing interior walls or partitions and not separated or partitioned from the floor level below or access way (stairs and/or landing) leading to the loft from the floor below by a wall or any other partitions. Spaces designated as lofts which do not fully conform to this dehnition shall be deemed a "bedroom". (See also 17.100.8.) SECTIONT. Chapter 17.21.040.A. Performance Standards. of the City of San Luis Obispo's Municipal Code is amended to read as follows: 17.21.040 Performance standards. A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., except for density requirements as defined by Zoning Regulations. 1. Secondary dwelling units shall conform to all applicable building and construction codes. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any other use. 3. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary dwelling units should also be architecturally and functionally compatible with the primary residence. (Ord. 1004 - 1 (part), 1984; prior code - 9930) 5. The height of second units should be consistent with surrounding residential structures. Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-story construction shall be setback from the first floor to allow for solar access and reduced overlook. 6. Site planning: Secondary dwelling units should be located behind or above the existing dwelling on the site. Designs that significantly alter the street appearance of the existing residence shall be discouraged. The presence or design ofthe secondary dwelling unit per se, will not justify granting development exceptions. Ordinance No. 1591 (2013 Series) Page 5 7. Private Open Space: A minimum of 250 square feet of private open space must be provided for secondary dwelling units exclusive of a minimum of 250 square feet to be provided for the primary residence on the property. Private open space provided at ground level must have a minimum dimension in every direction of at least 10 feet or 6 feet for spaces above ground level on an elevated deck or balcony. 8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of native trees or significant landscape trees shall be discouraged for the placement of a secondary dwelling unit. 9. A landscape plan shall be required for new secondary dwelling units. A minimum 5- foot wide landscape planter with screening shrubs shall separate parking areas from adjacent properties. Landscape shrubs and trees shall be required for areas between secondary unit and adjacent properties. 10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require I parking space, regardless of zoning district. Parking for secondary dwelling units may be provided within driveway areas consistent with 17 .17 .055 (Front yard parking). For two car garages, parking for the primary dwelling may be provided in tandem to allow one parking space in the driveway for the secondary dwelling unit. Agreement to maintain garage parking for the tandem parking arrangement shall be reflected on building plans and a covenant agreement shall be recorded noting the requirement to comply with this condition and granting the City the right to inspect the premises for compliance. Secondary dwelling units located on sites where the primary dwelling unit has a single car width driveway and garage may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car Parking). 1 l. Alterations to designated historic properties or structures to allow new construction of a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. SECTION 8. Chapter 17.21.050. Procedure Requirements. of the City of San Luis Obispo's Municipal Code is amended to read as follows: 17,21,050 Procedure requirements Prior to hling building plans with the City Building Division, the following shall be met: A. Architectural Review Required. All requests shall be reviewed for consistency with the City's Community Design Guidelines and architectural review ordinance, The director shall determine, upon receiving complete application, whether the project shall be forwarded to the Architectural Review Commission for review. All new development projects within Historic Districts or within properties that contain designated historic structures shall be referred to the Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a historic property. B. Application Contents. A Determination of Code Consistency shall be approved prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. OrdinanceNo. 1591 (2013 Series) Page 6 C. Additional Requirements. 1. Owners Agreement with the City. The owner shall enter into an agreement with the city, on a form approved by the city attorney and community development director, agreeing that the property will be owner-occupied. Upon approval of a building permit, this agreement shall be recorded in the ofhce of the county recorder to provide constructive notice to all future owners of the property of the use and owner occupancy restrictions affecting the property. If owner occupancy is not possible, then the use will terminate, and the structure will be returned to its original condition to the satisfaction of the director. D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeal s-Architectural Review). SECTION 9. Chapter 17.16.060. Parking Requirements. Of the City of San Luis Obispo's Municipal Code is hereby amended to add a new Subsection D. Existing subsection D is hereby re-lettered to E and remaining subsections are re-lettered accordingly. 17.16.060 Parking space requirements. D. Mechanical Parking Lifts. In commercial zones and multi-family developments, by approving an administrative use permit, mechanical parking lifts may be used to satisfy all or a portion of vehicle parking requirements. Additional surface parking up to 25Yo of the required minimum amount of spaces may be required for lift systems unable to accommodate a tange of vehicles including trucks, vans, SUV's, or large sedans. Applications submittals shall include any information deemed necessary by the Director to determine parking can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made: 1. The use of mechanical lift parking results in superior design and implementation of City goals and policies for infill development. 2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking shall comply with Community Design Guidelines and be compatible and appropriately considered with overall building and site design. 3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements, and Parking and Driveway Standards with the exception of minimum parking stall sizes which are established by lift specifications. 4. There exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance. 5. There are no circumstances of the site or development, or particular model or type of mechanical lift system which could result in significant impacts to those living or working on the site or in the vicinity. Ordinance No. 1591 (2013 Series) Page 7 SECTION 10. Chapter 17.08. Uses Allowed in Several Zones. Section heading 17.08.020. Outdoor Sales. of the City of San Luis Obispo's Municipal Code is amended to read as follows: f 7.08.020 Outdoor sales on commercial and residential lots. SECTION 11. Chapter 17.08.020.C. Garage and Yard Sales. Is hereby added to the City of San Luis Obispo's Municipal Code: C. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of four times within a twelve month period subject to the following requirements : l. Each garage or yard sale may not exceed three consecutive days. 2. Each unit within Multi-family or condominium projects and common interest subdivisions may have up to four garcgelyard sales in approved common areas with the permission of the Home OwneÍ's Association for sales within common areas, property owner, or approved properly manager. 3. Items shall consist of normally accumulated household items (clothing, furniture, etc.) Items offered for sale may not include items acquired for resale. 4. One on-site sign not to exceed four square feet shall be permitted during the sale. No other signs are permitted in the area and no signs may be displayed in the public right-of-way. On site signs shall be consistent with applicable Sign Regulations. 5. Garagelyard sales are not permitted on vacant lots. SECTION 12. Chapter 17.100."C." Community Garden. A new Zoning definition is hereby added to the City of San Luis Obispo's Municipal Code: Community Garden. "Community garden" means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents. SECTION 13. Chapter 17.100."C." Crop Production. A new Zoning definition is hereby added to the City of San Luis Obispo's Municipal Code: Crop Production. Commercial agricultural production field and orchard uses, including the production of the following or similar, primarily in the soil on the site and not in containers: Field crops; Flowers and seeds; Fruits; Grains; Ordinance No. 1591 (2013 Series) Page 8 Melons; Ornamental crops; Tree nuts; Trees and sod; Vegetables; Wine and table grapes. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing, not including sales sheds, which are instead defined under "Produce stand." Does not include greenhouses or containerized crop production which are instead dehned under "Greenhouse/Plant Nursery Commercial". Does not include non-commercial home gardening, which is allowed as an accessory residential use allowed without City approval. SECTION 14. Chapter 17.100. "G." Greenhouse/Plant Nursery Commercial. A new Zoning definition is hereby added to the City of San Luis Obispo's Municipal Code: Greenhouse/Plant Nursery Commercial. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under "Crop production". Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are accessory residential uses). SECTION 15. Table 9. Uses Allowed By Zone. Agriculture land uses of the City of San Luis Obispo's Municipal Code is amended to read as follows: SECTION 16. Chapter 17.100."O." Off-site wine tasting room. Is hereby repealed and removed from the City of San Luis Obispo's Municipal Code. SECTION 17. Chapter 17.100."V/." Wine tasting room- off site. A new Zoning definition is hereby added to the City of San Luis Obispo's Municipal Code: Wine tasting room - off site. A satellite wine tasting room associated with a licensed winery serving only those wines it produces in l-ounce tastes or an amount approved by AGRICULTURE Crop Droduction D D Grazjna Greenho us e/P lant N ursery, co m m ercial PC PC Co mm unity Gardens D D D D D Livêstock ieed lol PC PC Ordinance No. 1591 (2013 Series) Page 9 Alcohol and Beverage Control for tasting purposes. Only one satellite wine tasting room is permitted per licensed winery. Wine tasting establishments serving wines from multiple wineries are separately defined as a Bar/Tavern. SECTION 18. Table 9. Uses Allowed By Zone, Recreation, Education and Public Assembly land uses of the City of San Luis Obispo's Municipal Code is amended to read as follows: TABLE I - USES ALLOWED BY ZONE - Continued RECREATION, EDI,JCATION, & PUBLIC ASSEVIBLY USES D D D A/D D D DClub, lodge, pr¡vate meeting hall PC D D D D D(12)PC D ? 08 060Commerc¡al recreation fac¡lity- lndoor PC PCCommerc¡al recreêt¡on fac¡lity- Outdoor D D D D 'f70801)c6Educêt¡o nal co nf erences D D D PC DFitness/health tacility PCGolf Course Librarv, museum PC D D D D D D D DLibrary, branch fac¡lity D D Chapter 7 95N¡qht club D D D D Park. olavqround D D D D D D D PCPubl¡c assemblv fac¡l¡ty PC D D(7)D(7)D(7)Rel¡oious facilitv PC D D D D D D D PC PC School - Boarding school, elementary, middle, secondary PCSchool - Colleoe, univers¡ty campus School - College, univers¡ty- Satellite classroom facility DSchool - Elementary, middle, secondêry PC PC D D PC A/D A/DSchoo l - Specialized education/training D D D D D D D D t7 08 013Special event D PC PCSports and active recreation facil¡ty PC PC PCSpo rts ênd ente.tainment assem bly facil¡ty D D A/D A/D PCStudio - A rt, dance, mart¡al arts. music, etc P C(8 D D D D Chapter fl 95-fheater PC PCTheâl€r- Dr¡vê-in Ordinance No. 1591 (2013 Series) Page 10 SECTION 19. Table 9. Uses Allowed By Zone. Retail Sales land uses of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows: TABLE 9 - USES ALLOWED BY ZONE - Continued SECTION 20. Chapter 17.90: Affordable Housing Incentives of the City of San Luis Obispo's Municipal Code is hereby repealed and replaced to read as follows: 17,902 Affordable Housins Incentives Sections: 17.90.010 17.90.020 17.90.030 Purpose. Defïnitions. Application process for incentives RETAIL SALES D PCAuto and vehicle sales and rental D(5)Auto parts sales, with installat¡on DAuto parts sa¡es,without ¡nstallat¡on D DBakery. retail D D D D D DBãr/Tavern Bu¡ldino and landscapê materials sales, ¡ndoo¡ D D Building and landscape materials sales, outoor D D Co ns tructio n and heavy equipment sales and rental o D D D D D 17 08 095Convenience store DDDDDDDDExtended hour reta¡l PCFarm supplyand feed store DFuel deal€r (Dro oane, etc) Furniture. lurn¡shinos. and aooliance stores General retail - 2,000 sf or less A(3) General retarl - M ore than 2,000 sl, up to 15,000 sf D(3)D D D General reta¡l - M ore than 15,000 sf, up to 45.000 sf D Generâl reta¡l - M ore thân 45,000 sf, up to 60.000 sf PC PC General reta¡l - M ore than 60,000 sf, up to .140,000 sf A(!)PCGrocer¡es, l¡quo r, specialty Ío ods PCM obile home, RV. and boat sales DOffice-supporting retâ¡¡, 2,000 sl o r less DDD Off¡cê-support¡ng reta¡|, M ore than 2,000, up to 5,000 sf D D D DDDDWne tasling ro om - o ff s¡t€ Í oao20See Sect¡on 17 0B 020Outdoor temporary and/or seasonal sales Produce stand D D D DRestaurant D D D D DOutdo o r B B Q/Grill, acces so ry lo res laurant D D D D 7 08 030Seru¡ce stat¡on (see also "vehicle servic€s")D D f/ 08 050Vend¡na mach¡ne See Section f/ 08 050 D DWareho use slo res - 45,000 sl o r l€ss gfa D PC PCWarehouse stores - more than 45,000 sf gfa PC Ordinance No. 1591 (2013 Series) Page 1 1 17.90.040 17.90.050 17.90.060 17.90.070 17.90.080 17.90.090 17.90.100 17.90.110 17.90.010 Standard incentives for housing projects. Standard incentives for conversion of apartments to condominium projects. Alternative or additional incentives. Relationship to other city procedures. Agreements for affordable housing. Fees. Affordability standards. Occupant screening. Purpose. The purpose and intent of this chapter is to encourage housing projects which incorporate units affordable to very-low, lower, and moderate income households, and qualifying seniors or the donation of land for affordable housing within the city, and which conform to city development policies and standards, by providing density bonuses, or other equivalent incentives, as required by California Government Code Section 65915, et seq. (Ord. 1282 $2, 1995; Ord. 1035 $ I (part), 1985) This chapter is a summary of California Government Code Section 65915-65918. V/here there is a conflict between the State density bonus law and the zoning regulations, the State density bonus law shall prevail. 17.90.020 Defïnitions For the pu{poses of this chapter, the following words and phrases shall have the meaning set forth below: A. "Affordable" shall mean residential rent costs or sales prices which conform to the standards issued by the director and updated periodically to reflect state and/or federal housing cost indices. (Ord.1282$2,1995; Ord. 1035 $ 1(part), 1985) B. "Common interest development" means any of the following: a community apartment project, a condominium project, a planned development, a stock cooperative set forth in Civil Code Section 1351. C. "Density" means residential density as defined in Section 17.16.010 of this code. As an example, a two-bedroom dwelling: 1.00 density units. D. "Density bonus" means a density increase over the maximum density otherwise allowable under the Zoning Regulations and Land Use Element of the General Plan, E. "Director" means the community development director or his or her authorized representative. F. "Housing development" means a development project for f,rve (5) or more residential units, also includes a subdivision or common interest dovelopment. Ordinance No. 1591 (2013 Series) Page 12 G. "Lower income households" shall have the meaning set forth in California Health and Safety Code, Section 50079.5; provided the income of such persons and families whose incomes exceed fifty (50) percent but are less than or equal to eighty (80) percent of the median income within the county. H. "Maximum allowable residential density" means the maximum density allowed under the ZoningRegulations and Land Use Element of the General Plan. I. "Moderate income households" shall have the meaning set for in California Health and Safety Code Section 50093; provided the income of such persons and families whose incomes exceed eighty (80) percent but are less than or equal to one hundred twenty (120) percent of the median income within the county. J. "senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (55 years or older) that has at least thirty-frve (35) dwelling units. K. "Very-low income households" shall have the meaning set forth in California Health and Safety Code, Section 50105; provided the income of such persons and families whose incomes exceed thirty (30) percent but are less than or equal to fifty (50) percent of the median income within the county. 17.90.030 Application process for incentive A. The developer may submit a preliminary proposal for the development of affordable housing prior to the submittal of any formal requests for general plan amendments, zoning amendments or subdivision map approvals. The city council shall, within ninety days of receiving a written preliminary proposal, notify the housing developer in writing of the procedures under which the city will comply with this chapter. B. Any request for a density bonus or other incentives shall be in writing, and shall include the following information, as well as any additional information required by the director: 1. The name of the developer; 2. The location of the proposed project; 3. The density allowed under the zoning regulations, as well as the proposed density; 4. The number and type (bedroom count) of dwellings and identification of those dwellings which are to be afïordable to each household income category; 5. Whether the dwellings will be offered for sale or for rent; 6. The proposed sales price, financing terms, rental rates or other factors which will make the dwellings affordable to very-low, lower and moderate income households. (Ord. 1282 $ 2, 1995; Ord. 1035 $ 1 (part), 1985) Ordinance No. 1591 (2013 Series) Page 13 17,90,040 Standard incentives for housing projects. A. This section shall apply only to housing projects consisting of hve (5) or more dwelling units. Per state law, projects that provide affordable housing are allowed up to a 35% density bonus based on the tables outlined below for the respective affordability levels. In addition, the City Council may approve a density bonus in excess of 35Yo at the request of the developer as well as other concessions and incentives outlined in sections 17.90.060. B. All density calculations resulting in fractional units shall be rounded up to the next whole number. C. For the purpose of this section, "total units" or "total dwelling units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. D. Ten Percent Low Income Dedication. When a developer agrees to construct ten (10) percent of the total units of a housing development for persons or families of lower income, the director shall grant the developer, upon the developer's request, a density bonus, the density bonus shall be calculated as follows: Percentage Low-Income Units Percentage Density Bonus l0 20 ll 21.5 t2 l3 24.s 14 26 15 27.5 17 30.5 l8 32 t9 33.5 20 35 E. Five Percent Very-Low Income Dedication. V/hen a developer agrees to construct at least fìve (5) percent of the total units of a housing development for very-low income households, the director shall grant the developer, upon the developer's request, a density bonus, the density bonus shall be calculated as follows: Percentage Very Low- Income Units Percentage Density Bonus 5 20 6 22,5 7 25 8 27.5 9 30 l0 32.s 11 35 Ordinance No. 1591 (2013 Series) Page 74 F. Twenty Percent Senior Citizen Housing Development Dedication. When a developer agrees to construct a senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons, the director shall grant the developer, upon the developer's request, a density bonus, the density bonus shall be twenty (20) percent of the number of senior housing units. G. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer agrees to construct ten (10) percent of the total dwelling units in a common interest development for persons or families of moderate income, provided that all units in the development are offered to the public for purchase, the director shall grant the developer, upon the developer's request, a density bonus, the density bonus shall be calculated as follows: Percentage Moderate- Income Units Percentage Density Bonus l0 5 r1 6 t2 7 l3 8 t4 9 15 l0 t6 1l t7 12 l8 13 19 14 20 l5 2l t6 22 t7 23 l8 24 l9 25 20 26 2l 27 22 28 23 29 24 30 25 31 26 )z 27 JJ 28 34 29 35 30 36 3l 37 32 38 JJ 39 34 40 35 H. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map, or other residential development approval donates land to the city for affordable housing in accordance with this chapter and the provisions set forth in California Government Code Section 65915-65918, the applicant shall be entitled to a fifteen (15) percent increase above Ordinance No. 1591 (2013 Series) Page 15 the otherwise maximum allowable residential density for the entire development, the director shall grant the applicant, upon the applicant's request, a density bonus, the density bonus shall be calculated as follows: Percentage Very Low- Income Units Percentage Density Bonus 10 l5 1l l6 12 t7 l3 l8 t4 t9 l5 20 t6 2t t7 22 l8 23 l9 24 20 25 2l 26 22 27 ZJ 28 24 29 25 30 26 3l 27 )z 28 JJ 29 34 30 35 I. An applicant may elect to accept a lesser percentage of density bonus K. Parking Requirements. Upon the request of the developer, parking ratios of a development meeting the criteria of this section, inclusive of handicapped and guest parking, shall be as follows: 1. Studio to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four or more bedrooms: two and one-half parking spaces. a. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. b. For purposes of this section, a development may provide onsite parking through tandem or uncovered parking, but not through on street parking. c. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to section 17.90.060. Ordinance No. 1591 (2013 Series) Page 16 f 7.90.050 Standard incentives for conversion of apartments to condominium projects. A. For the purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensations but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. B. For purposes of this section, "density bonus" means an increase in units of twenty-five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. C. V/hen an applicant for approval to convert apartments to condominium units agrees to provide at least thirty-three percent of the total units of the proposed condominium project to persons and families of low or moderate income, or f,rfteen percent of the total units of the proposed condominium project to lower income households, and agrees to pay for the reasonable, necessary administrative costs incurred by the city pursuant to this section, the director shall grant a density bonus or provide other incentives of equivalent fìnancial value as it finds appropriate. D. Nothing in this section shall be construed to require the city to approve a proposal to convert apaftments to condominiums. E. An applicant shall not be eligible for a density bonus under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Sections 17.90.040 or 17.90.060 of this chapter. F. The city shall grant the developer's request for development incentive(s) unless the city council makes written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling units will be set and maintained in conformance with city affordable housing standards. (Oñ. 1282 $2,1995; Ord. 1035 $ 1 (part), 1985) 17.90.060 Alternativeoradditionalincentives. When a developer agrees to construct housing for households of very-low, lower or moderate income households, or for qualifying senior households, and desires an incentive other than a density bonus as provided in Section 17.90.040 of this chapter, or when an applicant for approval to convert apafiments to a condominium project agrees to provide housing for households of very low, lower, or moderate income, or for qualifying senior households, the developer shall receive the following number of incentives or concessions: 1. One incentive or concession for housing developments that include at least ten (10) percent of the total units for lower income households, at least hve (5) percent for very-low income households, oÍ af least ten (10) percent for persons and families of moderate income in a common interest development. Ordinance No. 1591 (2013 Series) Page 17 2. Two incentives or concessions for housing developments that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very-low income households, or at least twenty (20) percent for persons and families of moderate income in a common interest development. 3. Three incentives or concessions for housing developments that include at least thirty (30) percent of the total units for lower income households, at least f,rfteen (15) for very-low income households, or at least thirty (30) percent for persons and families of moderate income in a common interest development. B. Alternative incentive proposals shall include information set forth in Section 17.90.030 (B) as well as a description of the requested incentive, an estimate of the incentive's financial value in comparison with the financial value of the density bonus allowed in Section 17.90.040, as well as the basis for the comparison estimate. Alternative incentive proposals shall be considered by the council and may include but are not limited to one or more of the following: i. A reduction in site development standards or modif,rcation of zoning code requirements or architectural design requirements that exceeds the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. 2. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land use will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 3. Density bonus in excess of that provided in Section 17 .90.040; 4. Waiver of application and development review processing fees; 5. Waiver of utility connection or park land in-lieu fees or park land dedication requirement; 6. City funded installation of off-site improvements which may be required for the project, such as streets or utility lines; 7 . Write-down of land costs; 8. Direct subsidy of construction costs or consttuction financing costs; 9. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions shall also include Ordinance No. 1591 (2013 Series) Page 18 provisions for assuring continued availability of designated units at affordable rents or sales prices for a period of not less than thirty (30) years, or as otherwise required by state law. C. Proposals for approval to convert apartments to a condominium project shall include those relevant items set forth in Section 17.90.030(8), plus the requested incentive, an estimate if the incentive's hnancial value in comparison with the financial value of the density bonus as set forth in Section 17.90.050, and the basis for the comparison estimate. Nothing in this section shall be construed to require the city to provide cash transfer payments or other monetary compensation. The city may reduce or waive requirements which the city might otherwise apply as conditions of conversion approval. D. Nothing in this section shall be construed to require the council to approve any alternative incentive or concession The council shall approve the requisite number of incentives or concessions afforded by Section 17.90.060. However, the details surrounding the incentives or concessions shall be at the discretion of the council. E. The council action on any alternative incentive proposal shall be by resolution. Any such resolution shall include findings relating to the information required in subpart B or D of this section. 17.90.070 Relationship to other city procedures A. Projects incorporating affordable housing and receiving density bonuses, incentives, or alternative incentives as provided in this chapter shall receive high priority processing, to the extent allowed by law. Operation of Sections 17.90.040 or 17.90.050, or approval of alternative incentives as provided in Section 17 .90.060 shall not be construed as a waiver of standard development review procedures or an exemption of the project from city development standards other than those explicitly listed in the approving resolution. Should a project fail to receive any required city approval, the density bonus or alternative incentive granted under this chapter shall be null and void. B. Applications of Sections 17.90.040 and 17.90.050 to projects shall be ministerial acts for pu{poses of environmental review. Environmental documents need not be filed solely for recordation of agreements concerning the density bonus and provision of affordable housing. Normal environmental review procedures shall apply to the project applications. C. If the council approves an alternative incentive as provided in Section 17.90.060, such approval shall be subject to and conditioned upon an environmental determination being made for the project in the usual manner. The community development department shall outline for the council any probable, signif,rcant environmental effects which would result fromthe proposed incentive. (Ord.1282 $ 2, 1995;Ord. 1035 $ 1 (part), 1985) 17.90.080 Agreements for affordable housing. Prior to the issuance of construction permits for any project incorporating a density bonus or Ordinance No. 1591 (2013 Series) Page 19 other incentive as provided in this chapter, the city and the project owner(s) shall enter into an agreement in a form acceptable to the city attorney, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the specified number of dwelling units to very-low, lower, and moderate income households and/or qualifying seniors. The agreement shall also set forth those items required by Section 17.90.030 (B) of this chapter or any alternative incentives granted pursuant to Section 17.90.060 of this chapter. The agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property owner, and shall ensure affordability for a period of not less than thirty years, or as otherwise required by state law. (Ord. 1282 S 2,1995; Ord. 1035 $ 1 (part), 1985) 17.90.090 Fees A. No fee in addition to normal project application lees shall be charged for a request for a density bonus pursuant to the provisions of Sections 17.90.040 or 17.90.050, except for reasonable, necessary administrative costs incurred by the city pursuant to Section 17.90.050. B. A fee not to exceed the amount charge for "pre-application concept review" may be charged for proposals submitted pursuant to the provisions of Section 17.90.060. (Ord. 1282 $ 2, 1995; Ord. 1035 $ 1 (par"t), 1985) I 7.90. I 00 Affordability standards. A. The community development department shall publish and revise as needed a schedule of rental rates and sales prices for dwellings which will be affordable to households with incomes as provided in this chapter. The schedule shall substantially conform with the affordability standards as established by state or federal law. B. The maximum rental rates and sales prices as revised, generally on an annual basis, shall remain in effect for projects receiving density bonuses or additional incentives under this chapter as provided in the affordable housing agreement, but in no case less than the minimum term required by state law. (Ord. 1282 $ 2,1995; Ord. 1035 $ I (part), 1985) 17.90.1 10 Occupant screening. A. The affordable dwellings developed pursuant to this chapter shall be available to qualified occupants without regard to race, religion, national origin, sex, occupation or other afhliation. Occupants may be screened on the basis of age only to qualify those occupants seeking housing designed for the elderly. B. The city housing authority or other third party acceptable to the Community Development Director shall screen prospective occupants so that dwellings developed pursuant to this chapter shall be occupied by households with the appropriate qualifying incomes or ages. Owners of projects shall enter into agreements with the housing authority for such screening services. Ordinance No. 1591 (2013 Series) Page 20 C. Preference in occupant screening shall be given to those employed within or residing within the city or the immediately surrounding area, to the extent that this provision does not conflict with state or federally funded housing assistance programs which may apply to a particular project, or other applicable law. This section is to insure that those households having the greatest difficulty obtaining housing at market rates within the city shall be able to occupy affordable housing made available pursuant to this chapter. (Oñ. 1282 $ 2, 1995; Ord. 1035 $ 1 (part), 1985). SECTION 21. Sign Regulations section 15.40.600 Requests for exceptions: of the City of San Luis Obispo's Municipal Code is hereby amended to read as follows: 15.40.600 Requests for exceptions. Unusual site conditions or other design factors may warrant signs not otherwise permitted by these regulations. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to architectural review commission or_Community Development Director review consistent with Section 15.40.480 of these regulations. Exceptions require a separate application and fees for ARC review, which must be approved before a sign permit will be issued. (Ord. 1455 $ 2 (part), 2004) SECTION 22. Zoning Regulations section 17.16.020.8 2. Discretionary Exceptions. of the City of San Luis Obispo's Municipal Code is hereby amended to read as follows: 2. Discretionary Exceptions. ^. Reduced Street Yards. Upon approval of a use permit, or in conjunction with tandem parking approval, the director may allow street yards to be reduced to zero for unenclosed parking spaces. Street yard reductions are not intended to allow for garage conversions. Street yards may be reduced to 1O-feet for structures including carports. Reductions may be approved for garages when the driveway is long enough to accommodate a parked car that doesn't overhang the sidewalk (18.5 feet min.). b. Variable Street Yards in Subdivisions. In new residential subdivisions, the entity approving the subdivision may approve variable street yards, to be noted on the approved map, provided the average of the yards on a block is at least 15 feet and no yard is less than 10 feet. Garages or carports which back directly onto the public right-of-way shall maintain a minimum setback so that a parked car doesn't overhang the sidewalk (18.5 feet). c. Variable Other Yards In Subdivisions. In new residential subdivisions, the entity approving the subdivision map may approve exceptions to the other yard standards, with the exceptions to be noted on the map, provided a separation of at least 10 feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative yard requirements or private easements to ensure the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1. d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the Director may allow other yards to be reduced to zero under either of the Ordinance No. 1591 (2013 Series) Page 2I following circumstances : i. When there exists adequate recorded agreement running with the land to maintain at least 10 feet of separation between buildings on adjacent parcels_and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1; or ii. V/hen the reduction is for either a minor addition to an existing legal structure which is non-conforming with regard to yard requirements or for a detached single-story accessory structure provided that the Director makes the following findings: (Ord. 1365 (2000 Series)(part)) o in the case of a minor addition, that the minor addition is a logical extension of the existing non-conforming structure; (Ord. 1365 (2000 Series)(parl)) o in the case of a detached single-story accessory structure, that the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main structure; (Ord. 1365 (2000 Series)(part)) o that adjacent affected properties will not be deprived of reasonable solar exposure; (Ord. 1365 (2000 Series)(part)) and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.I. o that no useful purpose would be realized by requiring the full yard; o that no significant fire protection, emergency access, privacy or security impacts are likely from the addition; and o that it is impractical to obtain a l0-foot separation easement pursuant to subsection "i" above. All such minor additions and new accessory structures shall comply with applicable provisions of Title 15, Building and Construction Regulations, of this code (see also Chapter 17.14, Non-conforming structures). (Otd. 1365 (2000 Series)(part)) e. Other Yard Buitding Height Exceptions. Upon approval of a use permit, the Director may allow exceptions to the standards provided in Tables 3, 4, and 5 of subsection C2 of this section. Such exceptions may be granted in any of the following and similar circumstances, but in no case shall exceptions be granted for less than the minimum yard required: (Ord. 1365 (2000 Series)(part)) i. When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning; ii. When the exception is of a minor nature, involving an insignificant portion of total available solar exposure; iii. When the properties at issue are within aî area where use of solar energy is generally infeasible because of landform shading; Ordinance No. 1591 (2013 Series) Page 22 iv. V/hen adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations; v. When the property to be shaded is a street. vi. Where no significant fire protection, emergency access, privacy or security impacts are likely to result from the exception. (Ord. 1365 (2000 Series)(part)) vii. The development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1. Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60. For height limits of signs, see Chapter 15.40. Sign Regulations. (Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1006 - 1 (part), 1984; Ord, 941 - 1(part), 1982: priorcode -9202.5(E)) SECTION 23. Zoning Regulations section 17,16.020.C.3. Yard Standards of the City of San Luis Obispo's Municipal Code is hereby amended to read as follows: 17.16.020 Yards. C. Yard Standards 3. Yards with City-required landscape plans and storm water facilities shall be landscaped and maintained in accordance with approved plans. SECTION 24. Zoning Regulations section 17.16.I20.D. Planning Applications and approvals required of the City of San Luis Obispo's Municipal Code is hereby amended to read as follows: 17.16.120 Wirelesstelecommunicationfacilities. D. Planning Applications and approvals required. 1. Installation of a new wireless telecommunication facility or significant modification as determined by the Director, of an existing installation shall require administrative use permit approval and architectural review. 2. The co-location of a new wireless telecommunication facility with an existing approved installation, or minor modihcation of an existing installation shall only require architectural review. 3. The applicant shall submit application materials and fees as required by the Community Development Department. SECTION 25. Zoning Regulations section 17.64 Repeat Applications of the City of San Luis Obispo's Municipal Code is hereby amended to read as follows: Ordinance No. 1591 (2013 Series) Page23 Chapter 17.64: REPEAT APPLICATIONS Sections: 17.64,010 Waiting period of one year required when- Exceptions. 17.64.010 \ilaiting period of one year required when- Exceptions. A. When any application made pursuant to these regulations has been denied, no new application which is substantially the same shall be filed within one year of the date of the previous denial unless the Planning Commission or Council, for good cause, shall grant permission to do so. The Council or Planning Commission shall initiate such application based on whether the project was denied by the Commission or Council. If the decision to deny an application reviewed by the Planning Commission is finally determined on appeal by the City Council, the Council shall grant permission B. The Director shall determine when an application is substantially the same as a previous application, subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1 (part), 1982: prior code - 9204.9) SECTION 26. Zoning Regulations section 17 .70.020.Initiation of the City of San Luis Obispo's Municipal Code is hereby replaced and amended to read as follows: 17.70.020 Initiation. An amendment to these regulations may be initiated by* A. A resolution of intention of the City Council SECTION 27. Zoning Regulations section 17.80.040.4. Initiation of Amendment by Planning Commission or the City Council of San Luis Obispo's Municipal Code is hereby amended to read as follows: A. Initiation of Amendment by the City Council. The City Council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.80.050. Ordinance No. 1591 (2013 Series) Page 24 SECTION 28. Table 9. Uses Allowed By Zone. Services - General land uses of the City of San Luis Obispo's Municipal Code is amended to read as follows: SECTION 29. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be SERVIGÉ¡ - zuSINESS, Fl}lAl,lClAL & PROFESSIOML AIM s Banks and f¡nanc¡al s6ruices D(4)D(4)D Business suppol sery¡ces A/D M edicâl sery¡ce - Clinic, lâbo ralo ry, urgenl câre D D D D(11 D(11 N4 edical seryice - Doctoroflice A/D AiD D(11 D(11 f\r 6dicel s6ruic6 - Ê(€nd6d cerê PC PC D PC PC D l\,1ed¡cal service - Ho spital PC PC Convalescent hosp¡tâl PC PC Off¡ce - Accesso ry Officê- Bus¡ness and s€ruice A/D D (4)D(4)D Office - Governmenl D PC PC Offico - Procossino D D D D(4)D(4) Oflice - Product¡on ând âdm¡nistrâlive A/D A/D D(4)D(4) Office - Profess¡onal A/D A/D D Office - Tempor€ry S€e Seclion f/ 08 00 C P ho lo grapher, pho lo graphic studio A/D PC SERVICES - GENERAL Cetering sery¡ce D D D Cemelery, mêusoleum, columbêriúm PC PC PC PC PC PC PC PC PC Copv¡nq and Quick Pdnler Sedicô Dây cêre - Day care center (ch¡ld/êdult)D(s)D(s)o(s)D(e)D(s)A/D D(9)D(s)D(s)D ?08¡0 f/ 08 1)0Day caro - Family day caro home (small/large) Equipmenl rental D Food bank/p¿ckaqed food dislribulion center D D M a¡nlenânc€ soru¡ce, cl¡€nt site seN¡ces PC M o rtuary, f uneral ho me D D D Personâl seruic6s D D P€rsonal sory¡ces - Roslricled D D Publ¡c sâfely fac¡lilies PC Public util¡ty facililies PC ? 08 080 Repâ¡r seryice - Equipment, large appl¡Ênces, etc D Resident¡êl Support Seryices D D DSocial seryice organiztion D D Vehicle sery¡ces - Repair ând mêintenance l\¡ âjo r D Vehicle seru¡cos - Repâ¡r and maintenanco M inor PC D D Vehicle señices - CaMsh D D PC o D velonnary clrnrc/no sprlal, ooarorng, largo ânimal PC PC D D Vetonnary clrnrc/ho sprlal, bo ard¡ng, small animal, indoor D D A/D vereflnary cilnrc/ no s ptrar, oo arorng, sm ail animâ1, outdoor D Ordinance No. 1591 (2013 Series) Page 25 declared invalid or unenforceable. SECTION 30. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 2"d day of July 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo onthe 20tl'day of August, 2013, onthe following roll call vote: AYES:Council Members Ashbaugh, Carpenter and Christianson, Vice Mayor Smith and Mayor Marx None None Ma Marx ATTEST Sheryll , MMC Interim City Clerk APPRO AS Dietrick City Attorney NOES: ABSENT: