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HomeMy WebLinkAboutItem 2 - 4080 Horizon Staff Report (2 of 2)ORDINANCE NO. 1302 ( 1996 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING CREEK SETBACK PROVISIONS TO THE ZONING REGULATIONS WHEREAS, the Planning Commission conducted public meetings on March 8, April 26, July 19, and September 27, 1995, and a public hearing on January 24, 1996, and recommended approval of a creek setback ordinance; and WHEREAS, the City Council conducted a public meeting on April 16, 1996, and public hearings on May 14, June 18, and July 23, 1996, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed creek setback provisions are consistent with, and are required to implement, the General Plan; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission (ER 145- 95). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed zoning text amendment, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. The Zoning Regulations are hereby amended by those additions concerning creek setbacks which are fully contained in Exhibit A, attached. SECTION 3. 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 Telegram- 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. n 1 !1, ATTACHMENT 22 Ordinance No. 1302 EXHIBIT A Creek Setback Provisions Added to Zoning Regulations Add to Chapter 17.04, Definitions: 17.04.093 Creek Creek" is a waterway or portion of waterway designated as a creek on the Open Space Element Creek Map. A drainage ditch, concrete swale, underground culvert, or storm drain (as indicated on the Creek Map) is not a creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute series quadrangle maps or San Luis Obispo County data. 17.04.342 Riparian vegetation. Riparian vegetation" means those herbaceous plants, shrubs, and trees which are naturally associated with stream side environments, and with roots and branches extending in or over a creek channel. (A list of riparian vegetation is available at the Community Development Department.) 17.04.440 Top of bank. Top of bank" means the line where the naturally eroded ground slope, or the slope resulting from a creek alteration, flattens to conform with the ground which has not been cut by water flow within the creek channel. If the bank is terraced, the top of bank is the highest step. Add part d to Section 17.16.020. E.1, Property Development Standards - Yards - Exceptions Property May Be Entitled To: d. Reduced Street Yard for New Structure Providing Additional Creek Setback. Where a new structure provides a creek setback larger than required by this title, the required street yard shall be reduced one foot for each one foot of additional creek setback, so long as the street yard is at least one -half that required by Table 2. ATTACHMENT 22 Exhibit A Page 2 Add to Chapter 17.16, Property Development Standards: 17.16.025 Creek setbacks. A. Purpose. Creek.setbacks are intended to: 1. Protect scenic. resources, water, quality, and natural creekside habitat, including. opportunities for wildlife habitation, rest, and movement. 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established. 3. Allow for natural changes that may occur within the .creek corridor. 4. Help avoid damage to development from erosion and flooding. 5. Enable implementation of adopted City plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the Open Space Element and shown on that element's Creek Map, and only to those creeks. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 4.1). The Community Development Director may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (for example, the Director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. Figure 4.1 Creek Setback Measurement rOF of8\ K RIPARIAN .VEGETATION lose, ilk ..,.,:,.,...,..,..,.... ...:.. _. REQUIRED ISETBACK s • • • • • • $ • • • • •• • ATTACHMENT 22 Exhibit A Page 3 D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to City approval. The location of these features is subject to confirmation by the Community Development Director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcel sizes and locations of existing structures for areas within the city in comparison with areas which may be annexed, and in response to different sizes of creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be 20 feet, except as provided in parts E.3, E.4 or G below. Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be 20 feet and the setback on the annexed side shall be as provided in part 2 below. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the City after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the City Council provides a larger or smaller setback, consistent with the purpose of these regulations and with General Plan policies. a. Fifty -foot Setbacks. The setback along the following shall be 50 feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; Stenner Creek. b. Thirty- five -foot Setbacks. The setback along the following shall be 35 feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. c. Twenty-foot Setbacks. The setback along all creeks except those listed in parts "a" and "b" immediately above shall be 20 feet. Informational map is available in the Community Development Department.) 3. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted City plans, when approving a discretionary application the City may require setbacks larger than required by parts 1 and 2 above, or further limitations on the items which may be placed within setbacks. (Also, other City regulations may restrict or prevent development in a floodway or floodplain.) 4. Prior Approvals. Where the City has explicitly approved a creek setback smaller than required by this section, prior to adoption of this section, by action on a tract or parcel map (whether or not a vesting map), architectural review application, use permit, Planned Development zoning, or Special Considerations zoning, that smaller setback shall remain in effect so long as the approval is in effect. ATTACHMENT 22 Exhibit A Page 4 F. Items Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in part G below: structures; paving; parking lots; in nonresidential zones, areas used for storing or working on vehicles, equipment, or materials. G. Exceptions To Creek Setbacks. 1. Entitled Replacement Structures. Where a structure lawfully existed upon [ the effective date of this chapter] within a creek setback required by this chapter: a. Any structure built in -replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure. (See also part 17.16.020. E. 1. d.) b. Additional floor area shall not be added to the encroaching part of the structure (for example, by adding stories). c. The part of a structure which is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of parts 17.14.020.13 and C of this title. 2. Entitled Accessory Structures and Uses. The following items may be located within the required creek setback, provided that they: do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity pursuant to the City's Flood Damage Prevention Regulations; in total occupy not more than one -half of the setback area; are consistent with other property development standards of the Zoning Regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one -half of the setback area on any development site b. Parking spaces for single- family dwellings; patios; walkways c. Decks, stairs, and landings which are no more than 30 inches in height M. d. One -story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed 120 square feet e. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light weight materials 3. Entitled Architectural Features. The following architectural features may extend into the setback up to 30 inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heater enclosures, and bay or other projecting windows that do not include usable floor space. ATTACHMENT 22 Exhibit A 4. Discretionary Exceptions. Page 5 a. Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally, such exceptions. are limited to small parcels which are essentially surrounded by sites that have been developed with setbacks smaller than those in part E above. b. Application Type. A creek setback smaller than required by part E above may be approved by City. action on a plan for public facilities approved by the City Council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required .for. the. proposed feature, an exception request shall be in the form of an administrative use permit. c. Public Notice. Public notice for a project involving a creek setback exception, regardless of application type, shall include a clear description of the feature or features proposed to receive the exception, and the extent of the exception. d.. Findings. Each discretionary exception shall be subject, to each of the following findings, regardless of the type of project application under which the request is considered. i. The location and design of the feature receiving the exception will minimize impacts to.scenic resources, water quality, and riparian habitat; including opportunities for wildlife habitation, rest, and movement; ii. The exception will not limit the City's design. options for providing flood control measures that are needed to achieve adopted City flood policies; iii. The exception will not prevent the implementation of City - adopted plans, nor increase the adverse environmental effects of implementing such plans. iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; V. The exception will not' constitute a grant of special privilege - -an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning. vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream. ATTACHMENT 22 Exhibit A Page 6 e. Biological Survey. A biological survey by a qualified, independent person shall be required for each discretionary exception request, to provide the basis for making finding "d.i" above, unless waived by the Community Development Director upon determining that no purpose would be served by such a survey because-no biological resources could be affected by-the exception. f.. Application Contents. In addition to any other information required for a project application, a request for creek setback exception shall include the following: L A description: of the feature or features proposed for .exception .and the extent of the exception. ii. A description. of, potential 'design changes for the project which would eliminate. or reduce the need for the exception. iii. A statement of reasons why an exception is .deemed necessary by the applicant. iv. .. Mitigation proposed to offset any harmful effectsof:the exception. ORDFINAL.CSO ATTACHMENT 22 Ordinance No. 1302 Page 2 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 23`d day of July , 1996, on a motion of Council Member Smith seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Smith, Roalman, and Williams NOES: Council Member Romero ABSENT: Mayor Settle ATTEST: 71) APPROVED AS TO FORM: City Attorney by Assistant City Attorney C. Clemens ordform.cso ATTACHMENT 22 Ordinance No. 1302 ( 1996 Series) FINALLY PASSED this 3rd day of September, 1996, on motion of Council Member Smith, seconded by Vice Mayor Williams, and on the following roll call vote: AYES: Council Members Smith, Williams and Roalman NOES: Council Member Romero ABSENT: I Mayor Settle (not participating) A Mayor Allen K. Settle ATTEST: ity Clerk Bo e Zawf ATTACHMENT 22 4 G yam, 1. j' / v " ATTACHMENT 22 17.16.025 Creek setbacks. A. Purpose. Creek setbacks are intended to: 1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement. 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established. 3. Allow for natural changes that may occur within the creek corridor. 4. Help avoid damage to development from erosion and flooding. 5. Enable implementation of adopted city plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the open space element and shown on that element’s creek map, and only to those creeks. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the city), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 5). The community development director may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (for example, the director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to city approval. The location of these features is subject to confirmation by the community development director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcel sizes and locations of existing structures for areas within the city in comparison with areas which may be annexed, and in response to different sizes of the creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be twenty feet, except as provided in subsections (E)(3), (E)(4) or (G) of this section. The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 1 of 6 ATTACHMENT 23 Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be twenty feet and the setback on the annexed side shall be as provided in subsection (E)(2) of this section. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the city after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the city council provides a larger or smaller setback, consistent with the purpose of these regulations and with general plan policies. a. Fifty-Foot Setbacks. The setback along the following shall be fifty feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; Stenner Creek. b. Thirty-Five-Foot Setbacks. The setback along the following shall be thirty-five feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. c. Twenty-Foot Setbacks. The setback along all creeks except those listed in subsections (E)(2)(a) and (E)(2)(b) of this section shall be twenty feet. (Informational map is available in the community development department.) 3. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted city plans, when approving a discretionary application the city may require setbacks larger than required by subsections (E)(1) and (E)(2) of this section, or further limitations on the items which may be placed within setbacks. (Also, other city regulations may restrict or prevent development in a floodway or floodplain.) 4. Prior Approvals. Where the city has explicitly approved a creek setback smaller than required by this section, prior to adoption of this section, by action on a tract or parcel map (whether or not a vesting map), architectural review application, use permit, planned development zoning, or special considerations zoning, that smaller setback shall remain in effect so long as the approval is in effect. F. Items Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in subsection G of this section: structures; paving; parking lots; in nonresidential zones, areas used for storing or working on vehicles, equipment, or materials. G. Exceptions to Creek Setbacks. 1. Entitled Replacement Structures. Where a structure lawfully existed on or before October 3, The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 2 of 6 ATTACHMENT 23 1996, within a creek setback required by this chapter, the following shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996, with new paving or a building, unless a discretionary approval is obtained pursuant to subsection (G)(4) of this section. a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure, without obtaining a discretionary exception. (See also Section 17.16.020(E)(1)(d).) b. Additional floor area shall not be added to the encroaching part of the structure (for example, by adding stories). c. The part of a structure which is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17.14.020(B) and (C) of this title. 2. Entitled Accessory Structures and Uses. The following items may be located within the required creek setback, without obtaining a discretionary exception; provided, that they: do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity pursuant to the city’s flood damage prevention regulations; in total occupy not more than one-half of the setback area; are consistent with other property development standards of the zoning regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the setback area on any development site. b. For a single-family dwelling: uncovered parking spaces, patios, and walkways. (Pedestrian paths and bicycle paths require a discretionary exception as provided in subsection (G)(4) of this section.) c. Decks, stairs, and landings which are no more than thirty inches in height. d. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed one hundred twenty square feet. e. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light-weight materials. 3. Entitled Architectural Features. The following architectural features may extend into the setback up to thirty inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heater enclosures, and bay or other projecting windows that do not include usable floor space. 4. Discretionary Exceptions. The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 3 of 6 ATTACHMENT 23 a. Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally, such exceptions are limited to small parcels which are essentially surrounded by sites that have been developed with setbacks smaller than those in subsection E of this section. In the case of pedestrian paths, bicycle paths, and bridges, the site may be large, but there are no options for avoiding a crossing of the creek or encroaching into the creek setback. b. Application Type. A creek setback smaller than required by subsection E of this section may be approved by city action on a plan for public facilities approved by the city council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of an administrative use permit. c. Public Notice. Public notice for a project involving a creek setback exception, regardless of application type, shall include a clear description of the feature or features proposed to receive the exception, and the extent of the exception. d. Findings. Each discretionary exception shall be subject to each of the following findings, regardless of the type of project application under which the request is considered. i. The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and ii. The exception will not limit the city’s design options for providing flood control measures that are needed to achieve adopted city flood policies; and iii. The exception will not prevent the implementation of city-adopted plans, nor increase the adverse environmental effects of implementing such plans; and iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and v. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and vii. Site development cannot be accomplished with a redesign of the project; and viii. Redesign of the project would deny the property owner reasonable use of the property. (“Reasonable use of the property” in the case of new development may include less development The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 4 of 6 ATTACHMENT 23 than indicated by zoning. In the case of additional development on an already developed site, “reasonable development” may mean no additional development considering site constraints and the existing development’s scale, design, or density.) e. Biological Survey. A biological survey by a qualified, independent person shall be required for each discretionary exception request, to provide the basis for making the finding in subsection (G)(4)(d)(i) of this section, unless waived by the community development director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception. f. Application Contents. In addition to any other information required for a project application, a request for creek setback exception shall include the following: i. A description of the feature or features proposed for exception and the extent of the exception. ii. A description of potential design changes for the project which would eliminate or reduce the need for the exception. iii. A statement why an exception is deemed necessary by the applicant. iv. Mitigation proposed to offset any harmful effects of the exception. Figure 5 The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 5 of 6 ATTACHMENT 23 (Ord. 1402 § 3, 2001: Ord. 1365 § 3 (part), 2000; Ord. 1302 § 2, 1996) The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 6 of 6 ATTACHMENT 23 Description of site (refer to aerial photos) City Policy Development 1994 Open Space Element of the General Plan is updated and adopted. It includes a “creek map” as Figure 4. It is unclear if this map included the subject area as there is no base layer or labeling; the line shown on this map between Tank Farm Road and Buckley Road does not seem to accurately follow any of the water courses that are evident in the aerial photos. 1996 Prior to current ownership. The flow control structure is visible, and there are two large wetland pools behind it. 1996 Creek setback regulations are adopted (Ord. 1302 § 2, 1996 series) (Attachment #4) and codified in the City’s zoning regulations at chapter 17.16.025. Creeks shown on the 1994 Open Space Element “creek map” are subject to the new setback ordinance. 2000 Now under current ownership, with sea train structures occupying the southerly area of the property. The wetlands features behind the control structure are still evident. 2000 Creek setback regulations are amended (Ord. 1365, 2000 series) (Attachment #7). The amendment introduces the possibility of discretionary setback exceptions based on findings (see 17.16.025 on p. 12). 2001 Creek setback regulations are amended again (Ord. 1402, 2001 series) (Attachment #8). This update includes numerous amendments including purpose, method of measurement, tiered setback dimensions for properties annexed after 1996, setback prohibited items and allowable exceptions, and illustrative graphics. ATTACHMENT 24 2004 The sea train storage structure and other trailers or vehicles now extend up to the control structure; the wetland areas evident in 1996 and 2000 are now occupied suggesting the area has been filled in. 2006 Similar to prior photo, although much drier conditions. 2006 Conservation and Open Space Element is adopted. It includes a “creek map” as Figure 9 that shows the subject Horizon Lane area as an “intermittent creek with degraded corridor but able to be restored or repaired”. 2007-2008 Lands within the Margarita and Airport Area Specific Plans are annexed (Including the subject property). 2010 Ponding behind control structure is evident. 2011 Ponding behind control structure is more evident, and the channel appears to have a wider swath of vegetation. 2014 The allen block wall is installed, and fresh grading is evident throughout most of the northern portion of the site, including fill right up to the channel on the north side. ATTACHMENT 24 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 1 Current condition of the reach of unnamed tributary to East Fork of San Luis Obispo Creek (4080 Horizon Way). ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 2 Representative reach of unnamed tributary to East Fork of San Luis Obispo Creek (just west of this site). Photo taken by Warden Hickey on or about 03/08/2017. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 3 View west. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 4 View east. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 5 View east. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 6 Wetland feature at east end of reach just at the edge of the property line. According to the discharger, the structures in the background were installed many years ago as part of an oil spill prevention plan by the former oil company that owned what is now the Chevron SLO Tank Farm facility. The idea being that the gates could be shut and prevent oil spills from entering SLO Creek. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 7 Close up of spill prevention structure. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 8 View east at edge of property line (fence). SLO Tank Farm is located nearly due east of this vantage point. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 9 Evidence of structure failure. ATTACHMENT 25 4080 Horizon Way, San Luis Obispo / Richard Ferris Unauthorized channelization of south fork of San Luis Obispo Creek Site Visit 03/09/2017 10 Failed culvert at east end of reach. ATTACHMENT 25 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 26 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 1994 Open Space Element “Creek Map” Figure 4 ATTACHMENT 27 FOOTHILL SANTA ROSA TANK FARM L O S O S O S V A L L E Y MADONNAB R O A D SOUTH C A L I F O R N I A HIGUERAJ O H N S O NPALMFOOTHILL L A G UNA LAKE Figure 9:Creeks and Wetlands 0.5 0 0.5 10.25 Miles City Limit Riparian Habitats Wetland Habitats Creeks Perennial creek with good riparian corridor Intermittent creek with good riparian corridor Perennial creek with degraded corridor but able to be restored or repaired Intermittent creek with degraded corridor but able to be restored or repaired Perennial creek with degraded corridor, high encroachment, and difficulty in restoring Waterways Drainage ditch Open concrete swale or channel Underground culvert or major bridge ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ATTACHMENT 27 ORDINANCE NO. 1302 ( 1996 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING CREEK SETBACK PROVISIONS TO THE ZONING REGULATIONS WHEREAS, the Planning Commission conducted public meetings on March 8, April 26, July 19, and September 27, 1995, and a public hearing on January 24, 1996, and recommended approval of a creek setback ordinance; and WHEREAS, the City Council conducted a public meeting on April 16, 1996, and public hearings on May 14, June 18, and July 23, 1996, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed creek setback provisions are consistent with, and are required to implement, the General Plan; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission (ER 145- 95). BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed zoning text amendment, and reflects the independent judgement of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. The Zoning Regulations are hereby amended by those additions concerning creek setbacks which are fully contained in Exhibit A, attached. SECTION 3. 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 Telegram- 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. n 1 !1, ATTACHMENT 27 Ordinance No. 1302 EXHIBIT A Creek Setback Provisions Added to Zoning Regulations Add to Chapter 17.04, Definitions: 17.04.093 Creek Creek" is a waterway or portion of waterway designated as a creek on the Open Space Element Creek Map. A drainage ditch, concrete swale, underground culvert, or storm drain (as indicated on the Creek Map) is not a creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute series quadrangle maps or San Luis Obispo County data. 17.04.342 Riparian vegetation. Riparian vegetation" means those herbaceous plants, shrubs, and trees which are naturally associated with stream side environments, and with roots and branches extending in or over a creek channel. (A list of riparian vegetation is available at the Community Development Department.) 17.04.440 Top of bank. Top of bank" means the line where the naturally eroded ground slope, or the slope resulting from a creek alteration, flattens to conform with the ground which has not been cut by water flow within the creek channel. If the bank is terraced, the top of bank is the highest step. Add part d to Section 17.16.020. E.1, Property Development Standards - Yards - Exceptions Property May Be Entitled To: d. Reduced Street Yard for New Structure Providing Additional Creek Setback. Where a new structure provides a creek setback larger than required by this title, the required street yard shall be reduced one foot for each one foot of additional creek setback, so long as the street yard is at least one -half that required by Table 2. ATTACHMENT 27 Exhibit A Page 2 Add to Chapter 17.16, Property Development Standards: 17.16.025 Creek setbacks. A. Purpose. Creek.setbacks are intended to: 1. Protect scenic. resources, water, quality, and natural creekside habitat, including. opportunities for wildlife habitation, rest, and movement. 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established. 3. Allow for natural changes that may occur within the .creek corridor. 4. Help avoid damage to development from erosion and flooding. 5. Enable implementation of adopted City plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the Open Space Element and shown on that element's Creek Map, and only to those creeks. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 4.1). The Community Development Director may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (for example, the Director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. Figure 4.1 Creek Setback Measurement rOF of8\ K RIPARIAN .VEGETATION lose, ilk ..,.,:,.,...,..,..,.... ...:.. _. REQUIRED ISETBACK s • • • • • • $ • • • • •• • ATTACHMENT 27 Exhibit A Page 3 D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to City approval. The location of these features is subject to confirmation by the Community Development Director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcel sizes and locations of existing structures for areas within the city in comparison with areas which may be annexed, and in response to different sizes of creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be 20 feet, except as provided in parts E.3, E.4 or G below. Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be 20 feet and the setback on the annexed side shall be as provided in part 2 below. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the City after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the City Council provides a larger or smaller setback, consistent with the purpose of these regulations and with General Plan policies. a. Fifty -foot Setbacks. The setback along the following shall be 50 feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; Stenner Creek. b. Thirty- five -foot Setbacks. The setback along the following shall be 35 feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. c. Twenty-foot Setbacks. The setback along all creeks except those listed in parts "a" and "b" immediately above shall be 20 feet. Informational map is available in the Community Development Department.) 3. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted City plans, when approving a discretionary application the City may require setbacks larger than required by parts 1 and 2 above, or further limitations on the items which may be placed within setbacks. (Also, other City regulations may restrict or prevent development in a floodway or floodplain.) 4. Prior Approvals. Where the City has explicitly approved a creek setback smaller than required by this section, prior to adoption of this section, by action on a tract or parcel map (whether or not a vesting map), architectural review application, use permit, Planned Development zoning, or Special Considerations zoning, that smaller setback shall remain in effect so long as the approval is in effect. ATTACHMENT 27 Exhibit A Page 4 F. Items Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in part G below: structures; paving; parking lots; in nonresidential zones, areas used for storing or working on vehicles, equipment, or materials. G. Exceptions To Creek Setbacks. 1. Entitled Replacement Structures. Where a structure lawfully existed upon [ the effective date of this chapter] within a creek setback required by this chapter: a. Any structure built in -replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure. (See also part 17.16.020. E. 1. d.) b. Additional floor area shall not be added to the encroaching part of the structure (for example, by adding stories). c. The part of a structure which is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of parts 17.14.020.13 and C of this title. 2. Entitled Accessory Structures and Uses. The following items may be located within the required creek setback, provided that they: do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity pursuant to the City's Flood Damage Prevention Regulations; in total occupy not more than one -half of the setback area; are consistent with other property development standards of the Zoning Regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one -half of the setback area on any development site b. Parking spaces for single- family dwellings; patios; walkways c. Decks, stairs, and landings which are no more than 30 inches in height M. d. One -story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed 120 square feet e. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light weight materials 3. Entitled Architectural Features. The following architectural features may extend into the setback up to 30 inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heater enclosures, and bay or other projecting windows that do not include usable floor space. ATTACHMENT 27 Exhibit A 4. Discretionary Exceptions. Page 5 a. Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally, such exceptions. are limited to small parcels which are essentially surrounded by sites that have been developed with setbacks smaller than those in part E above. b. Application Type. A creek setback smaller than required by part E above may be approved by City. action on a plan for public facilities approved by the City Council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required .for. the. proposed feature, an exception request shall be in the form of an administrative use permit. c. Public Notice. Public notice for a project involving a creek setback exception, regardless of application type, shall include a clear description of the feature or features proposed to receive the exception, and the extent of the exception. d.. Findings. Each discretionary exception shall be subject, to each of the following findings, regardless of the type of project application under which the request is considered. i. The location and design of the feature receiving the exception will minimize impacts to.scenic resources, water quality, and riparian habitat; including opportunities for wildlife habitation, rest, and movement; ii. The exception will not limit the City's design. options for providing flood control measures that are needed to achieve adopted City flood policies; iii. The exception will not prevent the implementation of City - adopted plans, nor increase the adverse environmental effects of implementing such plans. iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; V. The exception will not' constitute a grant of special privilege - -an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning. vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream. ATTACHMENT 27 Exhibit A Page 6 e. Biological Survey. A biological survey by a qualified, independent person shall be required for each discretionary exception request, to provide the basis for making finding "d.i" above, unless waived by the Community Development Director upon determining that no purpose would be served by such a survey because-no biological resources could be affected by-the exception. f.. Application Contents. In addition to any other information required for a project application, a request for creek setback exception shall include the following: L A description: of the feature or features proposed for .exception .and the extent of the exception. ii. A description. of, potential 'design changes for the project which would eliminate. or reduce the need for the exception. iii. A statement of reasons why an exception is .deemed necessary by the applicant. iv. .. Mitigation proposed to offset any harmful effectsof:the exception. ORDFINAL.CSO ATTACHMENT 27 Ordinance No. 1302 Page 2 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 23`d day of July , 1996, on a motion of Council Member Smith seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Smith, Roalman, and Williams NOES: Council Member Romero ABSENT: Mayor Settle ATTEST: 71) APPROVED AS TO FORM: City Attorney by Assistant City Attorney C. Clemens ordform.cso ATTACHMENT 27 Ordinance No. 1302 ( 1996 Series) FINALLY PASSED this 3rd day of September, 1996, on motion of Council Member Smith, seconded by Vice Mayor Williams, and on the following roll call vote: AYES: Council Members Smith, Williams and Roalman NOES: Council Member Romero ABSENT: I Mayor Settle (not participating) A Mayor Allen K. Settle ATTEST: ity Clerk Bo e Zawf ATTACHMENT 27 4 G yam, 1. j' / v " ATTACHMENT 27 17.16.025 Creek setbacks. A. Purpose. Creek setbacks are intended to: 1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement. 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established. 3. Allow for natural changes that may occur within the creek corridor. 4. Help avoid damage to development from erosion and flooding. 5. Enable implementation of adopted city plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the open space element and shown on that element’s creek map, and only to those creeks. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the city), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 5). The community development director may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (for example, the director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to city approval. The location of these features is subject to confirmation by the community development director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcel sizes and locations of existing structures for areas within the city in comparison with areas which may be annexed, and in response to different sizes of the creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be twenty feet, except as provided in subsections (E)(3), (E)(4) or (G) of this section. The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 1 of 6 ATTACHMENT 27 Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be twenty feet and the setback on the annexed side shall be as provided in subsection (E)(2) of this section. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the city after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the city council provides a larger or smaller setback, consistent with the purpose of these regulations and with general plan policies. a. Fifty-Foot Setbacks. The setback along the following shall be fifty feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; Stenner Creek. b. Thirty-Five-Foot Setbacks. The setback along the following shall be thirty-five feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. c. Twenty-Foot Setbacks. The setback along all creeks except those listed in subsections (E)(2)(a) and (E)(2)(b) of this section shall be twenty feet. (Informational map is available in the community development department.) 3. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted city plans, when approving a discretionary application the city may require setbacks larger than required by subsections (E)(1) and (E)(2) of this section, or further limitations on the items which may be placed within setbacks. (Also, other city regulations may restrict or prevent development in a floodway or floodplain.) 4. Prior Approvals. Where the city has explicitly approved a creek setback smaller than required by this section, prior to adoption of this section, by action on a tract or parcel map (whether or not a vesting map), architectural review application, use permit, planned development zoning, or special considerations zoning, that smaller setback shall remain in effect so long as the approval is in effect. F. Items Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in subsection G of this section: structures; paving; parking lots; in nonresidential zones, areas used for storing or working on vehicles, equipment, or materials. G. Exceptions to Creek Setbacks. 1. Entitled Replacement Structures. Where a structure lawfully existed on or before October 3, The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 2 of 6 ATTACHMENT 27 1996, within a creek setback required by this chapter, the following shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996, with new paving or a building, unless a discretionary approval is obtained pursuant to subsection (G)(4) of this section. a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure, without obtaining a discretionary exception. (See also Section 17.16.020(E)(1)(d).) b. Additional floor area shall not be added to the encroaching part of the structure (for example, by adding stories). c. The part of a structure which is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17.14.020(B) and (C) of this title. 2. Entitled Accessory Structures and Uses. The following items may be located within the required creek setback, without obtaining a discretionary exception; provided, that they: do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity pursuant to the city’s flood damage prevention regulations; in total occupy not more than one-half of the setback area; are consistent with other property development standards of the zoning regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the setback area on any development site. b. For a single-family dwelling: uncovered parking spaces, patios, and walkways. (Pedestrian paths and bicycle paths require a discretionary exception as provided in subsection (G)(4) of this section.) c. Decks, stairs, and landings which are no more than thirty inches in height. d. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed one hundred twenty square feet. e. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light-weight materials. 3. Entitled Architectural Features. The following architectural features may extend into the setback up to thirty inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heater enclosures, and bay or other projecting windows that do not include usable floor space. 4. Discretionary Exceptions. The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 3 of 6 ATTACHMENT 27 a. Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally, such exceptions are limited to small parcels which are essentially surrounded by sites that have been developed with setbacks smaller than those in subsection E of this section. In the case of pedestrian paths, bicycle paths, and bridges, the site may be large, but there are no options for avoiding a crossing of the creek or encroaching into the creek setback. b. Application Type. A creek setback smaller than required by subsection E of this section may be approved by city action on a plan for public facilities approved by the city council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of an administrative use permit. c. Public Notice. Public notice for a project involving a creek setback exception, regardless of application type, shall include a clear description of the feature or features proposed to receive the exception, and the extent of the exception. d. Findings. Each discretionary exception shall be subject to each of the following findings, regardless of the type of project application under which the request is considered. i. The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and ii. The exception will not limit the city’s design options for providing flood control measures that are needed to achieve adopted city flood policies; and iii. The exception will not prevent the implementation of city-adopted plans, nor increase the adverse environmental effects of implementing such plans; and iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and v. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and vii. Site development cannot be accomplished with a redesign of the project; and viii. Redesign of the project would deny the property owner reasonable use of the property. (“Reasonable use of the property” in the case of new development may include less development The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 4 of 6 ATTACHMENT 27 than indicated by zoning. In the case of additional development on an already developed site, “reasonable development” may mean no additional development considering site constraints and the existing development’s scale, design, or density.) e. Biological Survey. A biological survey by a qualified, independent person shall be required for each discretionary exception request, to provide the basis for making the finding in subsection (G)(4)(d)(i) of this section, unless waived by the community development director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception. f. Application Contents. In addition to any other information required for a project application, a request for creek setback exception shall include the following: i. A description of the feature or features proposed for exception and the extent of the exception. ii. A description of potential design changes for the project which would eliminate or reduce the need for the exception. iii. A statement why an exception is deemed necessary by the applicant. iv. Mitigation proposed to offset any harmful effects of the exception. Figure 5 The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 5 of 6 ATTACHMENT 27 (Ord. 1402 § 3, 2001: Ord. 1365 § 3 (part), 2000; Ord. 1302 § 2, 1996) The San Luis Obispo Municipal Code is current through Ordinance 1648, passed June 5, 2018. San Luis Obispo Municipal Code 17.16.025 Creek setbacks.Page 6 of 6 ATTACHMENT 27 Description of site (refer to aerial photos) City Policy Development 1994 Open Space Element of the General Plan is updated and adopted. It includes a “creek map” as Figure 4. It is unclear if this map included the subject area as there is no base layer or labeling; the line shown on this map between Tank Farm Road and Buckley Road does not seem to accurately follow any of the water courses that are evident in the aerial photos. 1996 Prior to current ownership. The flow control structure is visible, and there are two large wetland pools behind it. 1996 Creek setback regulations are adopted (Ord. 1302 § 2, 1996 series) (Attachment #4) and codified in the City’s zoning regulations at chapter 17.16.025. Creeks shown on the 1994 Open Space Element “creek map” are subject to the new setback ordinance. 2000 Now under current ownership, with sea train structures occupying the southerly area of the property. The wetlands features behind the control structure are still evident. 2000 Creek setback regulations are amended (Ord. 1365, 2000 series) (Attachment #7). The amendment introduces the possibility of discretionary setback exceptions based on findings (see 17.16.025 on p. 12). 2001 Creek setback regulations are amended again (Ord. 1402, 2001 series) (Attachment #8). This update includes numerous amendments including purpose, method of measurement, tiered setback dimensions for properties annexed after 1996, setback prohibited items and allowable exceptions, and illustrative graphics. ATTACHMENT 27 2004 The sea train storage structure and other trailers or vehicles now extend up to the control structure; the wetland areas evident in 1996 and 2000 are now occupied suggesting the area has been filled in. 2006 Similar to prior photo, although much drier conditions. 2006 Conservation and Open Space Element is adopted. It includes a “creek map” as Figure 9 that shows the subject Horizon Lane area as an “intermittent creek with degraded corridor but able to be restored or repaired”. 2007-2008 Lands within the Margarita and Airport Area Specific Plans are annexed (Including the subject property). 2010 Ponding behind control structure is evident. 2011 Ponding behind control structure is more evident, and the channel appears to have a wider swath of vegetation. 2014 The allen block wall is installed, and fresh grading is evident throughout most of the northern portion of the site, including fill right up to the channel on the north side. ATTACHMENT 27 ORDINANCE NO. 1365 (2000 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS FOR IMPROVED CONSISTENCY WITH THE GENERAL PLAN AND STATE LAW; CLARIFICATIONS AND CORRECTIONS; AND THE ESTABLISHMENT OF AN AGRICULTURAL ZONING DISTRICT (TA 191 -99) WHEREAS, the Planning Commission conducted public hearings on December 1, 1999, and recommended approval of the text amendments (TA 191 -99); and WHEREAS, the City Council has held a hearing on January 4, 2000 to consider the zoning text amendment TA 191 -99, amending various sections of the Zoning Regulations for the purposes of clarification, correction, general plan consistency, and consistency with State law; and Plan. WHEREAS, the City Council finds that the proposed amendments conform to the General BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council finds and determines that the project's Negative Declaration of environmental impact adequately addresses the potential significant environmental impacts of the proposed zoning text change, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration ER 191 -99. SECTION 2. SECTIONS ADDED_ Sections 17.04.165 and 17.04.185, and Chapter 17.33 are hereby added to read as follows: 17.04.165 Existing topography. Existing topography" means the natural unaltered topography or the topography resulting from grading activity legally permitted in conjunction with subdivision improvements, right -of -way improvements, or previous on -site building improvements. 17.04.185 Floor area ratio. The gross floor area of a building or buildings on a lot divided by the lot area. Chapter 17.33: AGRICULTURE (AG) ZONE 17.33.010 Purpose and application. The AG zone is intended to encourage conservation of agricultural lands and continuation of agricultural uses and keeping of livestock where compatible with urban development. It will be applied to areas designated on the general plan map as "conservation open space" and "interim open space" where there has been a history of agricultural cultivation and keeping of livestock. 01365 ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 2 17.33.020 Property development standards. The property development standards for the AG zone are as follows: A. Maximum density: One dwelling per 20 acres, except that each legal lot of record may have one dwelling. B. Minimum parcel size: 5 acres, or more as designated in the zone suffix (AG -20 requires a minimum parcel size of 20 acres.) C. Minimum street yard: 20 feet. D. Minimum other yards: 20 feet. E. Maximum height: 35 feet. F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads, shall not exceed five percent of site area for a parcel smaller than 10 acres or three percent of site area for a parcel 10 acres or larger. G. Parking requirements: See Section 17.16.060. SECTION 3. SECTIONS AMENDED, Sections 17.04.095, 17.04.140, 17.08.070, 17.08.100, 17. 12.020, 17.32.020, 17.34.020, 17.34.020, 17.36.020, 17.38.020, 17.40.020, 17.42.020, 17.44.020, 17.46.020, 17.48.020, 17.16.010, 17.16.020, 17.16.025, 17. 16.025, 17. 16.030, 17.16.040, 17.16.060 and Table 9 in Chapter 22 are hereby amended to read as follows: 17.04.095 Day Care. (See also "Residential Care facility. ") A. 'Day care facility" means a facility which provides non - medical care and/or instruction to children under 18 years of age and adults 18 years of age and older, who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 -hour basis. B. "Family day care home" means a home which regularly provides non - medical care, protection, supervision, and/or instruction of 14 or fewer children, in the providers own home, for periods of less than 24 hours per day, while the parents or guardians are away, and includes the following: 1. "Small family day care home" means a home, which provides family day care to 8 or fewer children including children under the age of 10 who reside at the home. 2. "Large family day care home" means a home, which provides family day care to 9 to 14 children, inclusive, including children under the age of 10 who reside in the home. C. "Adult day care facility" means any facility that provides nonmedical care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 -hour basis. 17.04.140 Dwelling. Dwelling" means a building or mobile home on a permanent foundation with provisions for ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 3 sleeping, cooking and sanitation, and with permanent connections to utilities, providing independent living space. 17.08.070 Mineral extraction. Commercial mining is prohibited within city limits. 17.08.100 Child and Adult Day Care A. Intent. The provisions set forth in this section are intended to enable child and adult day care opportunities throughout the city, to ensure that day care facilities will be compatible with residential uses, and to comply with applicable sections of the Health and Safety Code of the State of California. B. Permits Required. Adult day care facilities serving six or fewer clients on site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of zoning regulation. They may be established in all zones where dwellings are allowed. No use permit is required. 2. Adult day care facilities serving seven to 12 clients on site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the Community Development Director, consistent with the following review procedures: a. Public Notice. Mailed notice of the proposed use shall be given to all property owners within no more than a 100 -foot radius of the exterior boundaries of the proposed facility site, no fewer than 10 days prior to the Director's action to approve or deny an application for a day care facility serving seven to 12 adults or nine to 14 children. If no written request for hearing is received by the Community Development Department within 10 days from the mailing of these notices, the Director may approve the requested use upon submission of all required information and without further notice or public hearing. b. Public Hearing. A public hearing shall be required if requested in writing by the applicant or any other affected person. c. Approval. The Director is authorized to approve day care facilities serving seven to 12 adults or nine to 14 children, subject to the appeal provisions of Chapter 17.66 of this Title. In accordance with applicable sections of the California Health and Safety Code, the Director shall approve the use when he or she determines that the proposed facility: i. complies with all applicable provisions of the Fire Code regarding health and safety; and ATTACHMENT 27 Ordinance No. 1365 (2000 series) Page 4 ii. complies with property development standards contained in Chapter 17.16 of this Title and with City sign regulations; and iii. has been issued a day care license from the State of California, Department of Social Services; and iv. will satisfy performance standards of this section relating to noise, traffic, and parking. 3. Day care facilities serving more than 12 adults or more than 14 children require approval of an administrative use permit where not otherwise allowed or prohibited, consistent with Section 17.22.010 Uses Allowed by Zone and Section 17.58 Use Permits. These facilities are subject to the performance standards outlined below. C. Performance standards for day care facilities serving more than six adults or more than eight children. Noise. The day care facility shall be subject to all applicable provisions of the Noise Ordinance (Chapter 9.12 of the San Luis Obispo Municipal Code). Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to 9:00 a.m. 2. Traffic. Designated delivery and pick -up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool- matching services to all clients. 3. Parking. a. Day care facilities with seven to 12 adults or nine to 14 children, one on- site parking space is required, in addition to parking required for the residence, except when the Director finds that adequate on- street parking exists for dropping off and picking up clients. b. Day care centers with more than 12 adults or more than 14 children must provide two spaces per facility and one space for each 12 day care clients based on the facility's license), rounded to the nearest whole number, in addition to any spaces required for the residential use if the center is located in a home. See Section 17. 16.060 of this Title. D. Day care as an accessory use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches, and where an employer provides on -site child care to 14 or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets City parking standards. E. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions or variances from the strict interpretation of the Zoning Regulations to the extent allowed by said regulations. The Director may authorize minor exceptions to performance standards upon finding that: ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 5 1. The modification is in accordance with the intent and purpose of the Zoning Regulations, and consistent with City day care policy. F. Nonconforming status. All day care facilities licensed by the State at the time of ordinance adoption (1992) shall be considered legal nonconforming uses, consistent with Chapter 17.10 of these regulations, except that nonconforming day care facilities may not be changed to another nonconforming use. 17.12.020 Regulations. D. Property development standards shall apply to nonconforming lots, except that the density standards shall not prevent construction of a single dwelling unit where otherwise permitted by this chapter. C /OS zone 17.32.020 Property development standards. The property development standards for the C /OS zone are as follows: A. Maximum density: One dwelling per five or more acres, as indicated in the zone designation. B. Minimum parcel size: Five or more acres, as noted in the number, which is part of the zone designation (C /OS -40 requires forty acres). C. Minimum street yard: 20 feet. D. Minimum other yards: 20 feet. E. Maximum height: 35 feet. F. Maximum pavement and building area: Buildings and paved surfaces, such as parking and roads, shall not exceed five percent of site area for a parcel smaller than 10 acres or three percent of site area for a parcel 10 acres or larger. O zone 17.34.020 Property development standards. The property development standards for the O zone are as follows: A. Maximum density: 12 dwelling units per net acre (see also Section 17. 16.010). B. Yards: See Section 17. 16.020. C. Maximum height: 25 feet; 35 feet with the approval of an administrative use permit in compliance with Section 17.22.010, Table 9, Footnote 11 (Also see Sections 17.16.020 and 17.16.040.) D. Maximum coverage: 60% (see also Section 17.16.030. ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 6 E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5. F. Parking requirements: See Section 17. 16.060. (Ord. 1088 - 1 Ex. A(4), 1987; Ord. 941 - 1 (part), 1982: prior code - 9203.6(B)) PF zone 17.36.020 Property development standards. The property development standards for the PF zone are as follows: A. Yards: See Section 17.16.020. B. Maximum height: 35 feet (see also Sections 17.16.020 and 17. 16.040). C. Maximum coverage: 60% (see also Section 17. 16.030). D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed: for a parcel adjacent to a C -C zone: 2.0; for a parcel not adjacent to a C -C zone: 1.0 E. Parking requirements: See Section 17. 16.060. (Ord. 1016 - 1 (part), 1984: Ord. 941 - 1 part), 1982: prior code - 9203.7(B)) C -N zone 17.38.020 Property development standards. The property development standards for the C -N zone are as follows: A. Maximum density: 12 units per net acre (see Section 17.16.010). B. Yards: See Section 17. 16.020. C. Maximum height: 35 feet (see also Sections 17.16.020 and 17. 16.040). D. Maximum coverage: 75% (see also Section 17. 16.030). E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 2.0. F. Parking requirements: See Section 17. 16.060. (Ord. 941 - 1 (part), 1982: prior code - 9203.8(B)) C -R zone 17.40.020 Property development standards. The property development standards for the C -R zone are as follows: ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 7 A. Maximum density: 36 units per net acre for all dwellings, including dwelling units in hotels and motels, but not including other hotel or motel units (see also Section .17.16.010). B. Maximum street and other yards: See Section 17.16.020. C. Maximum height: 45 feet (see also Section 17.16.020 and 17.16.040). D. Maximum coverage: 100 %. E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 3.0, except that in the downtown as mapped in the General Plan Land Use Element, a site which receives transfer of development credit for open space protection shall have a ratio not to exceed 4.0. F. Parking requirements: See Section 17. 16.060. (Ord. 1006 - 1 (part), 1984: Ord. 941 - 1 part), 1982: prior code - 9203.9(B)) C -C zone 17.42.020 Property development standards. The property development standards for the C -C zone are as follows: A. Maximum density: 36 units per acre, including dwelling units in hotels and motels, but not including other hotel or motel units (see also Section 17. 16.010). B. Yards: See Section 17. 16.020. C. Maximum height: 50 feet (see also Sections 17.16.020 and 17.16.040). D. Maximum coverage: 100 %. E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 3.0, except that a site, which receives transfer of development credit for open space protection, shall have a ratio not to exceed 4.0. F. Parking: Other sections of this Title notwithstanding, the Parking Requirements in the C -C zone shall be as follows: C -T zone 17.44.020 Property development standards. The property development standards for the C -T zone are as follows: A. Maximum density: 12 units per net acre, including dwelling units in hotels and motels, but not including other hotel or motel units (see also Section 17.16.010). B. Yards: See Section 17. 16.020. C. Maximum coverage: 75% (see also Section 17.16.030). ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 8 D. Maximum height: 45 feet (see also Sections 17.16.020 and 17.16.040). E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 2.5. F. Parking requirements: See Section 17.16.060. (Ord. 1006 - 1 (part). 1984: Ord. 941 - 1 part), 1982: prior code - 9203.11(B)) C -S zone 17.46.020 Property development standards. The property development standards for the C -S zone are as follows: A. Yards. Minimum street yards. shall be: 1. Where no building adjoins, five feet (requirement for parking lots and signs); 2. For buildings 20 feet and less in height, 10 feet; 3. For buildings more than 20 feet in height, 15 feet; 4. Other yards shall be as provided in the zone of any adjacent lot; 5. See also Section 17.16.020. B. Maximum height: 35 feet (see also Section 17. 16.020 and 17.16.040). C. Maximum coverage: 75% (see also Section 17.16.030). D. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5. E. Parking requirements: See Section 17. 16.060. F. Off - street loading requirements: Gross Floor Area of Building 1,000 to 9,999 10,000 to 29,999 30,000 to 99,999 100,000 and more M zone Number of Spaces Required none 1 2 3 17.48.020 Property development standards. The property development standards for the M zone are as follows: A. Yards. Minimum street yards shall be: ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 9 1. Where no building adjoins, five feet (requirement for parking lots and signs); 2. For buildings 20 feet and less in height, 10 feet; 3. For buildings more than 20 feet in height, 15 feet; 4. Other yards shall be as provided in the zone of any adjacent lot; 5. See also Section 17.16.020. B. Maximum height: 35 feet (see also Sections 17.16.020 and 17. 16.040). C. Maximum coverage: 75% (see also Section 17.16.030). D. Parking requirements: See Section 17.16.060. E. Maximum floor area ratio: the ratio of gross building floor area to site area shall not exceed 1.5. F. Parking requirements: See Section 17.16.060. G. Off - street loading requirements: Gross Floor Area of Building 1,000 to 9,999 10,000 to 29,999 30,000 to 99,999 100,000 and more 17.16.010 Density. Number of Spaces Required none 1 2 3 A. Determination of Allowed Development. 1. 'Density" is the number of dwellings per net acre, measured in density units. In the AG, C /OS and R -1 zones, each dwelling counts as one density unit. In the other zones, different size dwellings have density unit values as follows: a. Studio apartment, 0.50 unit; b. One - bedroom dwelling, 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. 17.16.010.A.2.a.vi. The maximum development allowed for each average cross -slope category is as follows: ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 10 Table 1: Maximum Residential Density For Cross -Slope Categories Average Maximum Density Allowed Cross Slope (density units per net acre) R -1 R -2, O R -3 R -4 C -R C -N, & C -C C -T 0 -15 7 12 18 24 36 16 -20 4 6 9 12 36 21 -25 2 4 6 8 36 26+ 1 2 3 4 36 17.16.010.A.2.c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in density units per acre) according to Table 1 of this section. 17.16.010.A.2.d. The resulting number (in density units, carried out to the nearest one - hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. 17.16.020 Yards. B. Measurement of yards. 3. The height of a building in relation to yard standards is the vertical distance from the ground to the.top of the roof, measured at a point, which is a specific distance from the property line. Height measurements shall be based on the existing topography of the site, before grading for proposed on -site improvements. E. Exception To Yard Requirements. These regulations provide'two general types of exceptions to the yard requirements: first, those, which the property is entitled to because of physical circumstances, and second, those which the City may approve upon request and subject to certain discretionary criteria. 2. Discretionary Exceptions. 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 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; or ii. When 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: ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 11 in the case of a minor addition, that the minor addition is a logical extension of the existing non - conforming structure; 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; that adjacent affected properties will not be deprived of reasonable solar exposure; that no useful purpose would be realized by requiring the full yard; that no significant fire protection, emergency access, privacy or security impacts are likely from the addition; and that it is impractical to obtain a 10 -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). e. Other Yard Building 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: 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 an area where use of solar energy is generally infeasible because of landform shading; iv. When 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 ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 12 or security impacts are likely to result from the exception. 17.16.025 Creek setbacks. 4. Discretionary Exceptions. d. Findings. Each discretionary exception shall be subject to each and every of the following findings, regardless of the type of project application under which the request is considered: i. The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and ii. The exception will.not limit the City's design options for providing flood control measures that are needed to achieve adopted City flood policies; and iii. The exception will not prevent the implementation of City - adopted plans, nor increase the adverse environmental effects of implementing such plans; and iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and v. The exception will not constitute a grant of special privilege —an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and vii. Site development cannot be accomplished with a redesign of the project; and viii. Redesign of the project would deny the property owner reasonable use of the property. (Reasonable use of the property in the case of new development may include less development than indicated by zoning. In the case of additional development on an already developed site, reasonable development may mean that no additional development is reasonable considering site constraints and the existing development's scale, design, or density.) ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 13 17.16.030 Coverage. A. Definition. "Coverage" means the area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, expressed as a percentage of the total lot area. Uncovered decks or porches, which are 30 inches or less from the ground shall not be included in the determination of coverage. Figure 5 17.16.040 Height. The height of a building is the vertical distance from the average level of the ground under the building to the topmost point of the roof. The average level of the ground is determined by adding the elevation of the lowest point of the part of the lot covered by the building to the elevation of the highest point of the part of the lot covered by the building, and dividing by two. See Figure 7.) Height measurements shall be based on existing topography of the site, before grading for proposed on -site improvements. 17.16.060 Parking Space Requirements. Table 6 - Parking Requirements by Use Type of Use Home business - see Section 17.08.090 Retail sales- indoor sales of building materials and gardening supplies hardware, floor and wall coverings, paint, glass stores, etc.) Retail sales - appliances, furniture and furnishings, musical instruments; data Number of Off - Street Parking Spaces Required no change) no change) no change) 100' Balcony off second floor Hard surface 50 s.f. not included 400 ti O Breezeway 1100 s.f. 1550 s.f. ul Roof eave not included Lot area = 8000 s.f. Structures = 2100 s.f. Lot coverage = 26% Figure 5 17.16.040 Height. The height of a building is the vertical distance from the average level of the ground under the building to the topmost point of the roof. The average level of the ground is determined by adding the elevation of the lowest point of the part of the lot covered by the building to the elevation of the highest point of the part of the lot covered by the building, and dividing by two. See Figure 7.) Height measurements shall be based on existing topography of the site, before grading for proposed on -site improvements. 17.16.060 Parking Space Requirements. Table 6 - Parking Requirements by Use Type of Use Home business - see Section 17.08.090 Retail sales- indoor sales of building materials and gardening supplies hardware, floor and wall coverings, paint, glass stores, etc.) Retail sales - appliances, furniture and furnishings, musical instruments; data Number of Off - Street Parking Spaces Required no change) no change) no change) ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 14 processing equipment, business, office and medical equipment stores; catalogue stores; sporting goods, and outdoor supply Table 6 - Parking Requirements by Use cont'd: Retail sales and repair of bicycles (no change) Retail sales and rental - autos, trucks, (no change) motorcycles, RV's, Retail sales and rental - boats, aircraft and (no change) motor homes Retail sales - auto parts and accessories (no change) except tires and batteries as a principle use Retail sales - tires and batteries (no change) Retail sales - general merchandise (drug, (no change) discount, department and variety stores) Chapter 17.22: Use Regulation Table 9: Uses Allowed by Zone revisions are shown on the attached EXHIBIT A. SECTION 5. A summary of this ordinance, together with the names of council members voting for and against, shall be published once, 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 4th day of January, 2000, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo, on the 18th day of January, 2000, on the following roll call vote: AYES: Council Members Ewan, Marx and Mayor NOES: Council Members Romero and Schwartz ABSENT: None l/ ST: Lee Price, City Clerk Allen ATTACHMENT 27 Ordinance No. 1365 (2000 Series) Page 15 APPROVED: ATTACHMENT 27 EXHIBIT A Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R Advertising and related services A A/D A A D graphic design, writing, mailing, addressing, etc. Agriculture - grazing and outdoor A A A A crops Agriculture - greenhouse culture, PC PC livestock feeding Airports and related facilities PC PC PC Ambulance services PC PC A D Amusement arcades (video games, D D A A A see Chapter 5.52, Electronic Game Amusement Centers & 17.08.060) Amusement parks, fairgrounds PC PC Antennas (municipal, commercial, and PC PC20 PC D D public utility broadcasting and wireless telecommunications) Athletic and health clubs, D D D PC A A gymnasiums, fitness centers, game courts Auto dismantling, scrap dealers, A recycling centers Auto repair and related services (body, PC D A A brake, transmissions, muffler shops; painting, etc.) Auto sound system installation D12 D12 A A Banks and savings and loans A Al A A D7 D7 Bars, taverns, etc. (see Nightclubs) D D D D D D Barbers, hairstylists, manicurists, A A A D D tanning centers Bed and breakfast inns PC PC D A A A Boarding/rooming houses, dormitories PC D D D See also Chapter 17.20) Bowling alleys PC D D D D Broadcast studios A A/D A A A Building and landscape maintenance A/D A A A services Bus stations PC D A Cabinet and carpentry shops D A Caretakers' quarters A A A A A A A A A A A A A A Carwash - mechanical PC9 PC9 D D Carwash - self - service D D PC9 A A Catering services D D A I D A A ATTACHMENT 27 Table 9 -Use5 Allowed by Zone R -1 R -2 R -3 R -4 AG C/O S O" PF C -N C -C C- R C -T C -S M Cemeteries, mausoleums, columbariums PC PC PC PC PC PC PC PC PC PC PC Christmas tree sales (see Section 17.08.020) Churches, synagogues, temples, etc. PC D D D A D D D A D18 D15 D 18 Circus, carnival, fair, festival, parades See Section 17.08.010) D D D D D D D D D Computer services A A/D A A D Concurrent sales of alcoholic beverages and motor fuel (See Section 17.08.040) D D D D Construction activities (see Section 17.08.010.C.5) A A A A A A A A A A A A A A Contractor's yards A A Convalescent hospitals PC PC D PC PC D Convents and monasteries PC A A D Credit reporting and collection A A/D A A Credit unions and finance companies A A A Day Care family day care homes (see Section 17.08.100) Day care center 17 A D A D A D A D A A A A D A A A A/D A A A D D D Delivery services D A A A Detective and security services A A/D A A D Drive -in theaters PC PC Dwellings (See also Sec. 17.55 - Mixed Use Zone) AZ A A A A A A3 A/D A/D A/D D Educational conferences (see Section 17.08.010H) D D D D Employment agencies A D A A Equipment rental A A Exterminators and fumigators A A Feed stores and farm supply sales PC A A Florists A A A Food banks and package food distribution centers D D Fortunetellers PC D D D Fraternities and sororities PC PC Gas distributors - containerized butane, propane, oxygen, acetylene, etc.) D A ATTACHMENT 27 Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O 0" PF C -N C -C C- C -T C -S M Zone S R Government agency corporation yards PC A A Government agency offices and PC D D D meeting rooms High occupancy residential use D D Home business (see Section 17.08.090) Homeless shelters (see Section PC PC PC PC PC PC PC PC PC PC 17.08. 110) Hostels PC PC A A A Hospitals PC PC Hot tubs - commercial use PC' PC PC D PC PC Insurance service -local A A/D A Insurance services - regional office A/D A Laboratories (medical, analytical PC A A A research) Laundry/dry cleaner cleaning plant At9 A A pickup point A A A D A A self - service A A A D D Libraries PC A7 D A Manufacturing - food, beverages; ice; D A apparel; electronic, optical, instrumentation products; jewelry; musical instruments; sporting goods; art materials Manufacturing - basic metals, PC chemicals, building materials, fabricated metals, textiles, paper and cardboard; machinery, transportation equipment Mineral extraction (see Section 17.08.070) Mobile home parks A A A A Mobile home as construction office see Section 17.08.010C) Mobile homes as temporary residence A A A A A A A A at building site (see Section 17.08.010F) Mortuaries D D A Motels and hotels (see also" bed and A A A breakfast inns ") Museums PC A A Nightclubs, discotheques, etc. (see D D D PC21 Chapter 17.95, Adult Entertainment Businesses) ATTACHMENT 27 Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S RI Offices (contractors) - all types of A A/D A A A general and special building contractors offices Offices (engineering) engineers, A A/D A A 10 architects, and industrial design I Offices (professional) attorneys, A 22 A/D A 10 10 counselors, medical services, accountants, investment brokers, realtors, appraisers Organizations (professional, religious, D D A D A/D A D political, labor, fraternal, trade, youth, etc.) offices and meeting rooms Parking (as a principal use) PC13 D13 PC' D 1 D13 D13 3 Parks A A A A D D A D A A A Photocopy services; quick printers A. A A/D A A A Photofinishing - retail A A A PC A Photofinishing - wholesale; and blue- D A A printing and microfilming service Photographic studios A A A PC A Police and fire stations and training PC facilities Pool halls, billiard parlors, etc. PC D D D Post offices and public and private postal services under 2000 square feet gross PC D A A A floor area per establishment 2,000 square feet or more gross PC A A A floor area per establishment Printing and publishing D D A A Produce stand D D A A A A Public assembly facilities (community PC D D D PC meeting rooms, auditoriums, convention/exhibition halls) Railroad yards, stations, crew facilities D A Refuse hauling, septic tank and A portable toilet services Repair services small household appliances, A A A A A locksmiths, seamstress, shoe repair large appliances, electrical D A A equipment, power tools, saw sharpening ATTACHMENT 27 Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R Research and development - services, A A/D A A A software, consumer products, instruments, office equipment and similar items, and related light chemical processing Research and development - PC D transportation equipment, weapons, metals, chemicals, building materials, and similar items Residential care facilities (state A A A A A A A A/D A/D A/D D licensed) Restaurants, sandwich shops, take- A A A A D D out food, etc. Retail Sales - convenience stores A A A A D D Retail sales - outdoor sales of building D8 D A A A and landscape materials lumberyards, nurseries, etc.) Retail sales - indoor sales of building A8 A A A A materials and gardening supplies hardware, floor and wall coverings, paint, glass stores, etc. Retail sales - appliances, furniture and A8 A A A furnishings, musical instruments; data processing equipment, business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply Retail sales and repair of bicycles A A A A Retail sales and rental - autos, trucks, D A PC motorcycles, RV's Retail sales - auto parts and D D A A PC accessories except tires and batteries as principal use Retail sales - tires and batteries A A PC Retail sales and rental - boats, aircraft, A PC mobile homes Retail sales - groceries, liquor and A A ` A PC specialized foods (bakery, meats, dairy items, etc.) Retail sales - neighborhood grocery D D D D A A D See also Sec. 17.08.095) ATTACHMENT 27 Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C C T C -S M Zone S R Retail sales - general merchandise drug, discount, department and variety stores) (See also "Retail sales - warehouse stores) 15,000 square feet or less gross A A A floor area per establishment 15,001 to 60,000 square feet gross PC A A floor area per establishment more than 60,000 square feet PC D gross floor area per establishment Retail sales and rental - specialties A8 A A shoe stores, clothing stores, book/record/videotape stores, toy stores, stationery stores, gift shops) Retail Sales - warehouse stores 45,000 square feet or less gross floor PC D D area per establishment more than 45,000 square feet gross floor area per establishment PC PC PC Schools Nursery schools /Pre - school (see Day care)" Elementary, junior high, high PC PC D D D D schools; schools for disabled/ handicapped Colleges/universities D Business, trade, recreational, or PC A/D A D D5 other specialized schools Boarding schools and academics PC PC Secretarial and related services (court A MD A D reporting, stenography, typing, telephone answering, etc.) Service stations (see Section D D D A A 17.08.030) Skating rinks PC PC D PC PC Social services and charitable A D D A A agencies (see also "organizations ") Stadiums PC PC PC Swap meets PC PC Swimming pools (public) PC PC PC PC Tattoo parlors D D Tallow works PC ATTACHMENT 27 Table 9 -Uses Allowed by R -1 R -2 R -3 R -4 AG C/O O" PF C -N C -C C- C -T C -S M Zone S R Temporary parking lots (see Section 17.08.0101) Temporary real estate sales office in D D D D tract (see Section 17.08.0106) Temporary sales (see Section D D D D D D 17.08.010J) Temporary uses - not otherwise listed D D D D D D D D D D D D D in Section 17.08.010 Theaters (see Chapter 5.40, Adult PC16 PC14 D D Entertainment Establishments) Ticket/travel agencies A Aa A A D D Tire recapping A A Title companies A A A Trailer rental D A A Trucking/taxi service A A Utility companies Corporation yards PC A A Customer account services (bill A D A D paying and inquiries) Distribution and transmission facilities - see Section 17.08.080 Engineering and administration A D A/D A D offices Payment drop points A D A A A Vending machines (see Section 17.08.050) Veterinarians, boarding and grooming D6 D6 D6 A6 D small animals) Vetemarians, boarding and grooming large animals) PC PC D D Warehousing, mini - storage, moving A A company Water and wastewater treatment PC plants Water treatment services A A Wholesale and mail -order houses PC A A Zoos PC ATTACHMENT 27 Notes: 1. In the C -N, C -S, and M zones, only branches of banks are allowed - no headquarters. 2. Except for condominiums, the development of more than one dwelling on a land parcel in the R -1 zone requires approval of an administrative use permit. R -1 density standards apply. 3. In the O zone, dwellings on a site occupied by residential uses only are allowed. Dwellings on a site with nonresidential uses require approval of an administrative use permit. 4. In the C -N zone, hot tubs /spas for commercial use must be enclosed. 5. In the M zone, schools are limited to those offering instruction in fields supportive of allowed uses. 6. In the O, C -N, C -C and C -R zones, animals at veterinarian's facilities must be kept within a building. 7. In the C -N zone, branch libraries only are allowed. 8. In the C -N zone, the following types of uses are allowed provided that (1) the gross floor area of each establishment shall not exceed 2,000 square feet and (2) the combined floor area of all such establishments within a shopping center shall not exceed 25% of the total floor area in a shopping center with a gross floor area of 15,000 square feet or greater; or shall not exceed 50% of the total floor area in a shopping center with a gross floor area of less than 15,000 square feet: Retail sales - outdoor sales of building and landscape materials. Retail sales - indoor sales of building materials and gardening supplies. Retail sales - appliances, fur6iture and furnishings, musical instruments; data processing equipment business, office and medical equipment stores; catalog stores; sporting goods, outdoor supply. Retail sales and rental - specialties, except that the floor area of video stores shall not exceed 3,000 square feet. Ticket/travel agencies. For parcels not located within shopping centers, an administrative use permit shall be required for the uses listed above, to insure consistency with policies of the General Plan Land Use Element and compatibility with surrounding uses. The use permit may provide for exceptions to the floor area limitations listed under (1) and (2) above. 9. In the C -N and C -T zones, car washes are allowed only in conjunction with and incidental to service stations. 10. Large professional office buildings which can include multiple tenants but with no single tenant space less than 2,500 square feet may be established in the C -S and M zones subject to the approval of a Planned Development PD) zoning application and compliance with findings specified in Section 17.62.040 C. However, this provision notwithstanding, the following types of office - related uses are prohibited in PDs approved for C -S and M zones: Non - branch banking services, real estate offices, financial institutions, medical clinics, doctor's offices, and lawyer's offices. 11. An administrative use permit is required for the construction of nonresidential structures or the conversion of residential structures to non - residential uses in the O zone. In order to approve a use permit the Director must make each of the following findings: A. That the location, orientation, height, and mass of new structures will not significantly affect privacy in nearby residential areas. B. That the project's location or access arrangements will not significantly direct traffic to use local streets in nearby residential areas. C. That the project includes landscaping and yards that adequately separate parking and pedestrian circulation areas from sites in nearby residential areas. 12. In the C -C and C -R zones, use permit review of automobile sound system installations should include consideration of the following items: parking space displacement, noise from the operation, and appearance. Use permits may be approved only when the use is accessory to a retail sales operation. 13. Where parking as a principal use is allowed, deviations to existing setbacks and building heights are permitted upon approval of a use permit as required by Section 17.22.010. All multi -level parking facilities shall require the approval of a use permit by the Planning Commission. 14. Theaters in the C -N zone shall be limited to 4,000 square feet in size, a single screen, and restricted to shopping center sites in the zone (See Section 17.04.371). 15. Use permit review shall consider that the C -S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be ATTACHMENT 27 y „) 01-5 CV ATTACHMENT 27 approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility. 16. In the PF zone, only non - profit theaters are permitted. 17. Allowed by right where accessory to a church or school, or where an employer provides on -site child care to 14 or fewer children for the exclusive benefit of employees, providing the primary use meets City parking standards. 18. Church uses may be allowed inside existing buildings only. 19. Dry cleaning plants in the C -N zone shall be allowed subject to the following performance standards: less than 2,000 square feet in area; use APCD- approved low- emission equipment; and cleaning done on -site shall be for customers coming to this location only (not serve as a regional plant). 20. Allowed in Open Space zones only if consistent with Land Use Element Policies 6.1.2 and 6.2.2 and Open Space Element policies regarding resource protection of hills and mountains and scenic resources. 21. In the C -S zone, nightclubs must contain a minimum of 4,500 square feet of floor area. The required use permit process shall address parking, neighborhood compatibility and security issues. 22. Emergency medical facilities may be allowed in the C -N zone, with approval of an Administrative Use Permit, provided the gross floor area of such establishment shall not exceed 3,500 square feet. ATTACHMENT 27 ORDINANCE NO. 1402 (2001 Series) AN ORDINANCE OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE ZONING REGULATIONS' CREEK SETBACK STANDARDS (TA 38 -01) WHEREAS, the City Council conducted a public hearing on October 16, 2001, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. Council determines that the amendment is categorically exempt from environmental review (Class 7), as an action taken by a regulatory agency as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource, where the regulatory process involves procedures for protection of the environment, namely clarification and limitation of the types of features which may encroach into creek setbacks. SECTION 2. Finding. Council, after consideration of the proposed amendment, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereon finds that the proposed amendment is consistent with the General Plan, in particular the Open Space Element policies concerning creek setbacks and uses allowed to encroach into creek setbacks. SECTION 3. Text Amendment. Municipal Code Section 17. 16.025 is amended as fully set forth in the attached Exhibit A. SECTION 4. Publication. 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 Telegram- 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 October 16, 2001 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo at its meeting held on the 16th day of October, 2001, on a motion of Councilman Ewan, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and Mayor Settle NOES: None ABSENT: None 01402 ATTACHMENT 27 Ordinance No. 1402 (2001 Series) Page 2 Mayor Allen K. Settle ATTEST: City Clerk Lee Price, CMC APPROVED AS TO FORM: UP M, ATTACHMENT 27 Ordinance No. 1402: Exhibit A page 1 of 5 17. 16.025 Creek setbacks. A. Purpose. Creek setbacks are intended to: 1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement. 2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established. 3. Allow for natural changes that may occur within the creek corridor. 4. Help avoid damage to development from erosion and flooding. 5. Enable implementation of adopted City plans. B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the Open Space Element and shown on that element's Creek Map, and only to those creeks. C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the City), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 4.1). The Community Development Director may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (for example, the Director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek. D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to City approval. The location of these features is subject to confirmation by the Community Development Director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology. E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcel sizes and locations of existing structures for areas within the city in comparison with areas which may be annexed, and in response to different sizes of the creek channels and tributary drainage areas. 1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be 20 feet, except as provided in parts E.3, EA or G below. Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be 20 feet and the setback on the annexed side shall be as provided in part 2 below. 2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the City after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the City Council provides a larger or smaller setback, consistent with the purpose of these regulations and with General Plan policies. a. Fifty -foot Setbacks. The setback along the following shall be 50 feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; Stenner Creek. ATTACHMENT 27 Ordinance No. 1402: Exhibit A Page 2 of 5 b. Thirty- five -foot Setbacks. The setback along the following shall be 35 feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road. c. Twenty -foot Setbacks. The setback along all creeks except those listed in parts "a" and " b" immediately above shall be 20 feet. (Informational map is available in the Community Development Department.) 3. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted City plans, when approving a discretionary application the City may require setbacks larger than required by parts 1 and 2 above, or further limitations on the items which may be placed within setbacks. (Also, other City regulations may restrict or prevent development in a floodway or floodplain.) 4. Prior Approvals. Where the City has explicitly approved a creek setback smaller than required by this section, prior to adoption of this section, by action on a tract or parcel map (whether or not a vesting map), architectural review application, use permit, Planned Development zoning, or Special Considerations zoning, that smaller setback shall remain in effect so long as the approval is in effect. F. Items Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in part G below: structures; paving; parking lots; in nonresidential zones, areas used for storing or working on vehicles, equipment, or materials. G. Exceptions to Creek Setbacks. Entitled Replacement Structures. Where a structure lawfully existed on or before October 3, 1996, within a creek setback required by this chapter, the following shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996, with new paving or a building, unless a discretionary approval is obtained pursuant to part 17.16.025.G(4). a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure, without obtaining a discretionary exception. (See also Section 17.16.020(E)(1)(d).) b. Additional floor area shall not be added to the encroaching part of the structure (for example, by adding stories). c. The part of a structure which is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17.14.020(B) and (C) of this title. ATTACHMENT 27 Ordinance No. 1402: Exhibit A Page 3 of 5 2. Entitled Accessory Structures and Uses. The following items may be located within the required creek setback, without obtaining a discretionary exception, provided that they: do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity pursuant to the city's flood damage prevention regulations; in total occupy not more than one -half of the setback area; are consistent with other property development standards of the zoning regulations. a. Walls or fences, provided that in combination with buildings they enclose not more than one -half of the setback area on any development site. b. For a single - family dwelling: uncovered parking spaces, patios, and walkways. Pedestrian paths and bicycle paths require a discretionary exception as provided in part 4.) c. Decks, stairs, and landings which are no more than thirty inches in height. d. One - story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed one hundred twenty square feet. e. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light- weight materials. 3. Entitled Architectural Features. The following architectural features may extend into the setback up to thirty inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heater enclosures, and bay or other projecting windows that do not include usable floor space. 4. Discretionary Exceptions. a. Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally, such exceptions are limited to small parcels which are essentially surrounded by sites that have been developed with setbacks smaller than those in subsection E of this section. In the case of pedestrian paths, bicycle paths, and bridges, the site may be large, but there are no options for avoiding a crossing of the creek or encroaching into the creek setback. b. Application Type. A creek setback smaller than required by subsection E of this section may be approved by city action on a plan for public facilities approved by the city council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of an administrative use permit. c. Public Notice. Public notice for a project involving a creek setback exception, regardless of application type, shall include a clear description of the feature or features proposed to receive the exception, and the extent of the exception. d. Findings. Each discretionary exception shall be subject to each of the following findings, regardless of the type of project application under which the request is considered. i. The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and ATTACHMENT 27 e. f. Ordinance No. 1402: Exhibit A Page 4 of 5 ii. The exception will not limit the city's design options for providing flood control measures that are needed to achieve adopted city flood policies; and iii. The exception will not prevent the implementation of city- adopted plans, nor increase the adverse environmental effects of implementing such plans; and iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and v. The exception will not constitute a grant of special privilege —an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and vii. Site development cannot be accomplished with a redesign of the project; and viii. Redesign of the project would deny the property owner reasonable use of the property. ( "Reasonable use of the property" in the case of new development may include less development than indicated by zoning. In the case of additional development on an already developed site, "reasonable development" may mean no additional development considering site constraints and the existing development's scale, design, or density.) Biological Survey. A biological survey by a qualified, independent person shall be required for each discretionary exception request, to provide the basis for making finding subsection (G)(4)(d)(i) of this section, unless waived by the community development director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception. Application Contents. In addition to any other information required for a project application, a request for creek setback exception shall include the following: i. A description of the feature or features proposed for exception and the extent of the exception. ii. A description of potential design changes for the project which would eliminate or reduce the need for the exception. iii. A statement why an exception is deemed necessary by the applicant. iv. Mitigation proposed to offset any harmful effects of the exception. ATTACHMENT 27 Ordinance No. 1402 Exh it A edges of predominant i i it riparian trP..? rannnv h ! edge of predominant creek riparian tree canopy creek setback Aft: setbackcreekcorridor edges of groundcover or understory riparian plants WE '' -. Fes.•: t Section View B A , required setback tops of banks flow _ _ \ Y 6 :), _p riparian trees r ! r required setback Plan \ /iPXA/ - - - - -- ATTACHMENT 27 NFIRS-1 Basic 40060 CA 06 29 2020 Fire Station 4 (FS4) 20-02839 0 FDID State Month Day Year Station Number Exposure Location Type Census tract: Street Address Intersection In Front Of Rear Of Adjacent To Directions US National Grid 4080 HORIZON Number Prefix Street or Highway Street Type Suffix San Luis Obispo CA 93401 Apt./Suite/Room City State Zip Code HORIZON Cross Street Incident Type 120-Fire in mobile prop. used as a fixed struc., other Aid Given Or Received 1 Mutual Aid Received 2 Auto. Aid Received 3 Mutual Aid Given 4 Auto. Aid Given 5 Other Aid Given None California Their FDID Their State Their Incident Number Dates and Times Alarm 06 29 2020 20:26 Arrival 06 29 2020 20:34 Controlled 06 29 2020 20:45 Last Unit Cleared 06 29 2020 21:54 Shifts and Alarms B 1 FZ4C Shift or Platoon Alarms District Special Studies 9244 3 - No, COVID 19 was not a factor ID#Value Actions Taken 10-Fire control or extinguishment, other Primary Action Taken Resources Apparatus or Personnel Module is used. Apparatus Personnel Suppression 4 7 EMS 0 0 Other 0 0 Resource counts include aid received resources. Estimated Dollar Losses and Values Losses:Required for all fires if known. Optional for all non-fires. None Property:$ 0 Contents:$ 500.00 Pre-Incident Values: Optional None Property:$ 4,000.00 Contents:$ 2,000.00 A B C D E1 E2 E3 F G1 G2 Page 1 of 9 ATTACHMENT 28 Completed Modules 2 - Fire 3 - Structure Fire 4 - Civilian Fire Cas. 5 - Fire Service Cas. 6 - EMS 7 - HazMat 8 - Wildland Fire 9 - Apparatus 10 - Personnel 11 - Arson Casualties None Deaths Injuries Fire Service 0 0 Civilian 0 0 Detector Required for Confined Fires 1 - Detector Alerted Occupants 2 - Detector Did Not Alert Them 3 - Unknown Hazardous Materials Release 1 - Natural Gas 2 - Propane Gas 3 - Gasoline 4 - Kerosene 5 - Diesel Fuel / Fuel Oil 6 - Household Solvents 7 - Motor Oil 8 - Paint 0 - Other None Mixed Use Property Not Mixed 10 - Assembly Use 20 - Education Use 33 - Medical Use 40 - Residential Use 51 - Row Of Stores 53 - Enclosed Mall 58 - Business and Residential 59 - Office Use 60 - Industrial Use 63 - Military Use 65 - Farm Use 00 - Other Mixed Use Property Use None Structures 131 Church, Place of Worship 161 Restaurant or Cafeteria 162 Bar/Tavern or Nightclub 213 Elementary School, Kindegarten 215 High School, Junior High 241 College, Adult Education 311 Nursing Home 331 Hospital 341 Clinic, Clinic-Type Infirmary 342 Doctor/Dentist Office 361 Prison or Jail, Not Juvenile 419 1- or 2-Family Dwelling 429 MultiFamily Dwelling 439 Rooming/Boarding House 449 Commerical Hotel or Motel 459 Residential, Board and Care 464 Dormitory/Barracks 519 Food and Beverage Sales 539 Household Goods, Sales, Repairs 571 Gas or Service Station 579 Motor Vehicle/Boat Sales/Repairs 599 Business Office 615 Electric-Generating Plant 629 Laboratory/Science Laboratory 700 Manufacturing Plant 819 Livestock/Poultry Storage (Barn) 882 Non-Residential Parking Garage 891 Warehouse Outside 124 Playground or Park 655 Crops or Orchard 669 Forest (Timberland) 807 Outdoor Storage Area 919 Dump or Sanitary Landfill 931 Open Land or Field 936 Vacant Lot 938 Graded/Cared for Plot of Land 946 Lake, River, Stream 951 Railroad Right-of-Way 960 Other Street 961 Highway/Divided Highway 962 Residential Street/Driveway 981 Construction Site 984 Industrial Plant Yard Property Use: 899-Residential or self- storage units Description Look up and enter a Property Use code and description only if you have NOT checked a Property Use box. Person/Entity Involved Local Option Person/Entity Type Business Name (if applicable)Phone Number Mr., Ms., Mrs.First Name MI Last Name Suffix Number Prefix Street or Highway Street Type Suffix Post Office Box Apt./Suite/Room City State Zip Code Owner Local Option Person/Entity Type Business Name (if applicable)Phone Number Mr., Ms., Mrs.First Name MI Last Name Suffix Number Prefix Street or Highway Street Type Suffix Post Office Box Apt./Suite/Room City State Zip Code H1 H2 H3 I J K1 K2 Page 2 of 9 ATTACHMENT 28 Remarks: E4 arrived on scene to find RP outside of gated property. Gated property was storage grounds for over 50-100 sea/land shipping containers. RP advises fire was extinguished. Upon investigation of Unit 94 container, dark smoke emitting from container. Shipping container opened where smoke and fire found to rear of container. Prior to entering and extinguishing fire, I conducted an initial interview reporting party (RP James) and asked if there were any chemicals including the possibility of an illicit clandestine laboratory burning inside. RP "James" assured that fire was started from a hot weld above which hot metal caught fire to ordinary combustibles inside or below weld. Fire was emitting dark smoke and appeared to be incipient phase to rear of shipping container. A foam mattress bed found involved with fire and was major cause of smoke. Surrounding clothing and wood speakers were damaged and exposed to smoke/fire. Fire extinguished with reel-line of water and foam. BC Fox and Captain Gonzalez interviewed RP "James". FM Maggio took control of investigation. All smoldering materials were removed from container. See investigation report for cause and origin. Authorization 35110 Fox II, Samuel Battalion Chief 06/30/2020 Officer In Charge ID Signature Position or Rank Assignment Date 38890 Gonzalez, Steven Fire Captain 06/30/2020 Member Making Report ID Signature Position or Rank Assignment Date L M Page 3 of 9 ATTACHMENT 28 NFIRS-2 Fire 40060 CA 06 29 2020 Fire Station 4 (FS4) 20-02839 0 FDID State Month Day Year Station Number Exposure Property Details B1 Not Residential Estimated number of residential living units in the building of origin whether or not all units became involved B2 Buildings Not Involved Number of buildings involved B3 None Less than 1 acre Acres burned (outside fires) On-Site Materials Or Products On-Site Materials Storage Use 910-Containers, packing materials, other 1 - Bulk Storage or warehousing 2 - Processing or manufacturing 3 - Packaged goods for sale 4 - Repair or service U - Undetermined On-site material (1) Ignition D1 40-Storage area, other Area of Fire Origin D2 10-Heat from powered equipment, other Heat Source D3 32-Bedding; blanket, sheet, comforter Item First Ignited D4 70-Fabric, textile, fur, other Type of Material First Ignited Cause of Ignition 1 - Intentional 2 - Unintentional 3 - Failure of Equipment or Heat Source 4 - Act of Nature 5 - Cause Under Investigation U - Cause Undetermined After Investigation Factors Contributing to Ignition 13-Cutting, welding too close to combustible Factor Contributing to Ignition Human Factors Contributing to Ignition Check all applicable boxes None 1 - Asleep 2 - Possibly impaired by alcohol or drugs 3 - Unattended person 4 - Possibly Mentally Disabled 5 - Physically Disabled 6 - Multiple Persons Involved 7 - Age Was A Factor Estimated Age of Person Involved Male Female Equipment Involved In Ignition None Equipment Involved Brand Model Serial # Year Equipment Power Source Equipment Power Source Equipment Portability 1 - Portable 2 - Stationary Portable equipment normally can be moved by one or two persons. Fire Suppression Factors Mobile Property Involved 1 - Not involved in ignition, but burned 2 - Involved in ignition, but did not burn 3 - Involved in ignition and burned None Mobile Property Type and Make Mobile Property Type Mobile Property Make Local Use Pre-Fire Plan Available Arson Report Attached Police Report Attached Coroner Report Attached Other Reports Attached Mobile Property Model Year State License Plate Number VIN _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ A B C D E1 E2 E3 F1 F2 F3 G H1 H2 Page 4 of 9 ATTACHMENT 28 NFIRS-3 Structure Fire Structure Type 1 - Enclosed Building 2 - Portable/Mobile Structure 3 - Open Structure 4 - Air-Supported Structure 5 - Tent 6 - Open Platform 7 - Underground Structure 8 - Connective Structure 0 - Other Building Status 1 - Under Construction 2 - In Normal Use 3 - Idle, Not Routinely Used 4 - Under Major Renovation 5 - Vacant and Secured 6 - Vacant and Unsecured 7 - Being Demolished 0 - Other U - Undetermined Building Height 1 Number of Stories At/Above Grade 0 Number of Stories Below Grade Main Floor Size 0 Total Square Feet OR BY Length (ft) X Width (ft) Fire Origin 1 Below Grade Story of Fire Origin Fire Spread Confined to Object of Origin 2 - Confined to Room of Origin 3 - Confined to Floor of Origin 4 - Confined to Building of Origin 5 - Beyond Building of Origin Number of Stories Damaged By Flame Number of Stories w/Minor Damage (1-24%) Number of Stories w/Significant Damage (25-49%) Number of Stories w/Heavy Damage (50-74%) Number of Stories w/Extreme Damage (75-100%) *Count the roof as part of the highest story Type of Material Contributing Most to Flame Spread K1 Item Contributing Most to Flame Spread K2 Type of Material Contributing Most To Flame Spread Presence of Detectors N - None Present 1 - Present U - Undetermined Detector Type 1 - Smoke 2 - Heat 3 - Combination of Smoke and Heat 4 - Sprinkler, Water Flow Detection 5 - More Than One Type Present 0 - Other U - Undetermined Detector Power Supply 1 - Battery Only 2 - Hardwire Only 3 - Plug-In 4 - Hardwire With Battery 5 - Plug-In With Battery 6 - Mechanical 7 - Multiple Detectors & Power Supplies 0 - Other U - Undetermined Detector Operation 1 - Fire Too Small To Activate 2 - Operated 3 - Failed To Operate U - Undetermined Detector Effectiveness 1 - Alerted Occupants, Occupants Responded 2 - Alerted Occupants, Occupants Failed to Respond 3 - There Were No Occupants 4 - Failed to Alert Occupants U - Undetermined Detector Failure Reason 1 - Power Failure, Shutoff, or Disconnect 2 - Improper Installation or Placement 3 - Defective 4 - Lack of Maintenance, Dirty 5 - Battery Missing or Disconnected 6 - Battery Discharged or Dead 0 - Other U - Undetermined Presence of Automatic Extinguishing System N - None Present 1 - Present 2 - Partial System Present U - Undetermined Type of Automatic Extinguishing System 1 - Wet-Pipe Sprinkler 2 - Dry-Pipe Sprinkler 3 - Other Sprinkler System 4 - Dry Chemical System 5 - Foam System 6 - Halogen-Type System 7 - Carbon Dioxide System 0 - Other U - Undetermined Required if fire was within designed range of AES Operation of Automatic Extinguishing System 1 - Operated/Effective 2 - Operated/Not Effective 3 - Fire Too Small To Activate 4 - Failed To Operate 0 - Other U - Undetermined Required if fire was within designed range Number of Sprinkler Heads Operating Required if system operated Reason for Automatic Extinguishing System Failure 1 - System Shut Off 2 - Not Enough Agent Discharged 3 - Agent Discharged But Did Not Reach Fire 4 - Wrong Type of System 5 - Fire Not In Area Protected 6 - System Components Damaged 7 - Lack of Maintenance 8 - Manual Intervention 0 - Other U - Undetermined Required if system failed or not effective I1 I2 I3 I4 J1 J2 J3 K L1 L2 L3 L4 L5 L6 M1 M2 M3 M4 M5 Page 5 of 9 ATTACHMENT 28 NFIRS-9 Apparatus or Resources 40060 CA 06 29 2020 Fire Station 4 (FS4) 20-02839 0 FDID State Month Day Year Station Number Exposure B Apparatus/Resource Dates/Times Sent Number of People Apparatus Use Actions Taken ID:BC2 Type:92-Chief officer car Dispatch:06/29/2020 20:26 Arrival:06/29/2020 20:35 Clear:06/29/2020 21:54 Sent 1 Suppression EMS Other 81-Incident command ID:E4 Type:11-Engine Dispatch: Arrival: Clear: Sent 1 Suppression EMS Other 11-Extinguishment by fire service personnel ID:PRV20 Type:00-Other apparatus/resource Dispatch: Arrival:06/29/2020 21:11 Clear:06/29/2020 21:54 Sent 1 Suppression EMS Other 86-Investigate ID:T1 Type:12-Truck or aerial Dispatch:06/29/2020 20:26 Arrival:06/29/2020 20:59 Clear:06/29/2020 21:54 Sent 4 Suppression EMS Other 12-Salvage & overhaul A Page 6 of 9 ATTACHMENT 28 NFIRS-10 Personnel 40060 CA 06 29 2020 Fire Station 4 (FS4) 20-02839 0 FDID State Month Day Year Station Number Exposure B Apparatus/Resource Dates/Times Sent Number of People Apparatus Use Actions Taken ID:BC2 Type:92-Chief officer car Dispatch:06/29/2020 20:26 Arrival:06/29/2020 20:35 Clear:06/29/2020 21:54 Sent 1 Suppression EMS Other 81-Incident command Personnel ID Name Rank Role Attend Actions Taken 35110 Fox II, Samuel Battalion Chief ID:E4 Type:11-Engine Dispatch: Arrival: Clear: Sent 1 Suppression EMS Other 11-Extinguishment by fire service personnel Personnel ID Name Rank Role Attend Actions Taken undefined, Gonzalez 5588010-Captain ID:PRV20 Type:00-Other apparatus/resource Dispatch: Arrival:06/29/2020 21:11 Clear:06/29/2020 21:54 Sent 1 Suppression EMS Other 86-Investigate Personnel ID Name Rank Role Attend Actions Taken Maggio, Roger Fire Marshal/Investig ator ID:T1 Type:12-Truck or aerial Dispatch:06/29/2020 20:26 Arrival:06/29/2020 20:59 Clear:06/29/2020 21:54 Sent 4 Suppression EMS Other 12-Salvage & overhaul Personnel ID Name Rank Role Attend Actions Taken 62800 MacDonald, John Captain 25944 Child, Robert Engineer 46535 Hicks, Gene Engineer 92892 Woods, Mitchell Firefighter A Page 7 of 9 ATTACHMENT 28 NFIRS-1S Supplemental 40060 CA 06 29 2020 Fire Station 4 (FS4) 20-02839 0 FDID State Month Day Year Station Number Exposure Primary Narrative: E4 arrived on scene to find RP outside of gated property. Gated property was storage grounds for over 50-100 sea/land shipping containers. RP advises fire was extinguished. Upon investigation of Unit 94 container, dark smoke emitting from container. Shipping container opened where smoke and fire found to rear of container. Prior to entering and extinguishing fire, I conducted an initial interview reporting party (RP James) and asked if there were any chemicals including the possibility of an illicit clandestine laboratory burning inside. RP "James" assured that fire was started from a hot weld above which hot metal caught fire to ordinary combustibles inside or below weld. Fire was emitting dark smoke and appeared to be incipient phase to rear of shipping container. A foam mattress bed found involved with fire and was major cause of smoke. Surrounding clothing and wood speakers were damaged and exposed to smoke/fire. Fire extinguished with reel-line of water and foam. BC Fox and Captain Gonzalez interviewed RP "James". FM Maggio took control of investigation. All smoldering materials were removed from container. See investigation report for cause and origin. Person/Entity Involved Local Option Person/Entity Type Business Name (if applicable)Phone Number Mr., Ms., Mrs.First Name MI Last Name Suffix Number Prefix Street or Highway Street Type Suffix Post Office Box Apt./Suite/Room City State Zip Code Additional Narrative (#1 of 2): BC2 C3 with a first alarm to reports of a possible structure fire in a sea-land container at a storage yard, while enroute dispatch advised that the RP called back and advised that the fire was not out and extinguished with extinguishers. Per policy, response reduced to one apparatus for a fire reported out, BC2 continued response. Upon arrival I found E4 at scene of storage container with light smoke showing initially, container began to produce dark smoke and small fire appeared to be burning in rear of container. E4 performed fire attack, BC2 took command and established Horizon IC, requested Truck 1 C3 and Fire Marshal Maggio to scn for investigation. Fire quickly knocked down by E4 crew, T1 arrived at scn and was assigned water supply and overhaul. Contact made with owner of contents int he storage unit (James Ongley 805-440-5828), Mr. Ongley denied and injury, declined medical assessment or treatment multiple times. I inquired if he was living in the storage unit since there was a bed that caught fire, he denied living in the unit, but could not provide an address at which he lives. Mr. Ongley stated that he was welding some holes on the roof and a fire began inside the unit, he reports that he initially had a "fire watch posted", but while welding he began to feel heat and see smoke, when he came down from roof there was a fire burning and the person doing fire watch was no longer in the area. Mr. Ongley advised that he had cut the holes in the storage unit to provide emergency exit if needed, and that the property owner would not let him access his belongings or the storage unit until the holes were repaired. FM Maggio called to the scene for investigation purposes, see his report for cause and origin / fire investigation information. Overhaul complete, one FF injured during overhaul and salvage, taken to local Emergency Department for evaluation and treatment, scene turned over to Maggio for investigation purposes, advised Mr. Ongley on the risks of being in side the storage unit or sleeping in it due to risk of CO, he again stated that he does not sleep there. All units released, Horizon command terminated. A Page 8 of 9 ATTACHMENT 28 Additional Narrative (#2 of 2): Fire Origin and Cause Report: Rodger Maggio, Fire Marshal/Chief Building Official June 30, 2020 Property: 8x40 storage container Owner: Richard FERRIS 365 Branch Street San Luis Obispo, CA 93401 Occupant: James ONGLEY, DOB 11/24/1972 would not provide address (805) 440-5828 On Monday June 29, 2020 at approximately 8:50 PM I received a call from San Luis Obispo Fire dispatch requesting that I respond to investigate a fire at 4080 Horizon Lane, San Luis Obispo. I arrived, at what appeared to be a facility that stored Sea-Train storage containers, shortly after 9:00 PM and reported to Battalion Chief Sammy FOX. FOX explained that upon arrival the found smoke coming from an approximately 8 foot wide by 40 foot deep storage container, after the owner of the facility tried to cancel their response. FOX told me that the fire originated in a bedroom in the back of the storage container and that the occupant, James ONGLEY, was welding on top of the unit and started the bedding on fire. As ONGLEY was still on scene I took a few minutes to get his story. ONGLEY stated that he was an electrician and rented the storage unit for his shop. When asked who he rented from he would not answer but did state that he paid his rent to a place "over by AutoZone". ONGLEY told me that he had cut ventillation and emergency escape holes in his container because he thought it was unsafe not to have a second escape opening in the container, when the owner found out, he made ONGLEY repair the openings. ONGLEY told me that he was on top of the container welding the holes closed when he smelled the smoke then discovered that his bed was on fire. I initiated my scene examination outside of unit 94 where I observed a partially burned box spring and foam mattress and a stereo speaker piled in front of the container that the fire fighters had pulled out of the unit. Entering unit 94, which was in a east-west orientation, from the opening on the east side I observed heavy soot deposits through out with heat damage pronounced on the higher surfaces as I worked back to a partition wall in the back. Through the opening in the partition wall I observed an area the resembled a bedroom. On the back wall I saw a bedframe and a small dresser/nightstand in the corner. To the left of the entry into the bedroom there was a stereo speaker. The burn patterns in the room were consistent with a fire that started on the bed in accordance with ONGLEY's statement. In the bedroom I observed what remained of electric overhead lighting and wiring, there was an outlet and switch just inside the doorway. The shop area was also hardwired and I observed an electric ceiling fan and overhead light fixtures. According to ONGLEY, the space was powered by a small gasoline generator. While onsite I observed other containers with power cords going in to them and at least two other generators. I also observed photo-voltaic solar panels on top of an old delivery truck that was wired to the battery. It is my opinion, based on training and experience that this fire was accidental in nature, the ignition source was hot material from welding operations, the material first ignited was bedding. It is also my observation that the storage containers are not all used for storage, that many are used as shops, and at least one was used for habitation and several may have unpermitted and unsafe electrical connections. I will be forwarding this report to Code Enforcement for follow up. Page 9 of 9 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 28 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 29 ATTACHMENT 30 ATTACHMENT 30 Square Deal Recordings & Supplies, Inc. 2146 Parker C·2 San Luis Obispo , Ca 93401 805 543 3638 PAY TO THE ORDER OF City of San Luis Obispo Union Bank 995 Higu_era Street San Luis Ob1spo , Ca 93401 16-49/1220 7/23/2021 1, 196.04 One Thousand One Hundred Ninety-Six and 04/100**********'"***********1'*************************************'"******** City of San Luis Obispo 990 Palm St. 15533 MEMO 0~~~2~~ispo, CA () ~ ii'~ 22469 code 000455-2019 ~ ~ 11·0 ~ ss :1 :111· 1: ~ 2 2000'1'1(;1: o ~008 2 ?8 ~ s O ATTACHMENT 30 City of San Luis Obispo Finance 990 Palm Street San Luis Obispo, CA 93401 805) 781-7124 www.slocity.org Thank you for your payment. Have a nice day! Friday Jul 23 2021 02: 29:26 PM Clerk - Misc Revenue (CLERKREV) APPEAL 1,196.04 Total 1,196.04 Check 15533 1,196.04 Received From: SQUARE DEAL RECORDINGS & SUPPLIES, INC. Receipt #: finance-07232021-47 Cashier: Jacob Nunez ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 ATTACHMENT 30 17.158.010 C definitions. Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground. Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed and maintained for the parking or storage of one or more motor vehicles. Case Management. A system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and advocates for services to meet the client’s needs. City. The city of San Luis Obispo. Common Interest Development. Any of the following: a community apartment project, a condominium project, a planned development, or a stock cooperative identified in Civil Code Section 1351. Community Development Department. The city of San Luis Obispo community development department. Conditionally Permitted. Allowed subject to approval of a use permit. Construction. Building, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith. County. The county of San Luis Obispo. Council. The city of San Luis Obispo city council. Coverage. The portion of a lot that is covered by structures, including principal and accessory buildings located on or above the ground, including upper-level projections and living areas, as well as covered or uncovered decks, balconies, porches, and similar architectural features expressed as a percentage of the total lot area. See Section 17.70.120 (Lot Coverage) for exceptions to lot coverage calculations. Creek. A waterway or portion of waterway designated in the general plan as a creek. A drainage ditch, concrete swale, underground culvert, or storm drain (as indicated on the general plan) is not a creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute series quadrangle maps or county data. (Ord. 1650 § 3 (Exh. B), 2018) ATTACHMENT 31 The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021. Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.slocity.org City Telephone: (805) 781-7100 Code Publishing Company ATTACHMENT 31 1 Mezzapesa, John From:Hickey, Teri@Wildlife <Teri.Hickey@wildlife.ca.gov> Sent:Tuesday, May 9, 2017 3:29 PM To:Richter, Paula C.@Waterboards; Mezzapesa, John Cc:Walbridge, Charles@Wildlife Subject:FW: Avila Ranch/ Tank Farm Property Bioresources Reports Attachments:20150601 Biological Report for Avila Ranch Final-reduced.pdf; Tank Farm Characterization excerpts from HGM Report (Padre and WSP 2008).pdf; VPFS areas.jpg Hi Paula and John,    I’m forwarding some important biological data regarding “Tank Farm Creek” as it’s referred to by SLO City Biologist  Freddy Otte, located along 4080 Horizon Lane. I found some good supportive data as it relates to DFW jurisdiction and  history of the SLO Tank Farm site. This excerpt describes Tank Farm Creek as un named tributary and serves as the  headwaters of the East Fork of SLO Creek. This tributary has been “mostly” disconnected from the East Fork due to  anthropogenic actives. This data was from 2008, and I’m still searching for any updates. Therefore; the research  indicates, Tank Farm Creek is not a man‐ made drainage nor a “ditch,” it is in fact a creek.  Another interesting fact of  this area is that it’s seismically active, which would support  the double stacking of shipping containers dangerous, along  with other items in question.    Hope this information helps and as I obtain new data, I will pass it along.    Teri Hickey and K9 Keara Game Warden Law Enforcement Division California Department of Fish and Wildlife (805) 610-3918           From: Hill, Robert [mailto:rhill@slocity.org] Sent: Monday, May 08, 2017 3:19 PM To: Otte, Freddy Cc: Hickey, Teri@Wildlife Subject: RE: Avila Ranch/ Tank Farm Property Bioresources Reports   Hi Freddy and Teri, Please find attached the Biological Report for Avila Ranch prepared by Althouse & Meade (May 2015). Also attached are pertinent excerpts from the “Final HGM Report” prepared by Padres Associates and WSP (2008). This was the best document I had readily available in my digital files, although I am sure there are more comprehensive and current inventories out there for this site – it is probably one of the most studies locations in the County! ATTACHMENT 32 2 Lastly, a vernal pool fairy shrimp graphic – it looks like VPFS have been mapped within about ~250’ from the Horizon Ln site. Thanks, Bob Robert Hill Natural Resources Manager City Administration Natural Resources 990 Palm Street, San Luis Obispo, CA 93401-3249 E rhill@slocity.org T 805.781.7211 slocity.org From: Otte, Freddy   Sent: Friday, May 5, 2017 12:17 PM  To: Hill, Robert <rhill@slocity.org>  Cc: Hickey, Teri@Wildlife <Teri.Hickey@wildlife.ca.gov>  Subject: Avila Ranch/ Tank Farm Property Bioresources Reports    Good afternoon Bob. Do you have any bioresources reports for the proposed Avila Ranch along Buckley Road? CDFW has initiated an enforcement action against a property owner on Horizon Lane who is contesting the determination that Tank Farm Creek (I believe is the common name for the drainage that comes along the west part of the Tank Farm Property, flows under Horizon Lane and then flows through the proposed Avila Ranch Development) is actually a creek that CDFW has jurisdiction over. Also, if you have or know of any aquatic bioresource survey reports from the Tank Farm Remediation project that may be pertinent, could you please pass along to Teri for inclusion in her documentation. For your reference, it is the red line that flows through Horizon Lane. Thanks for your help, Freddy Freddy Otte Biologist City Administration Natural Resources 990 Palm Street, San Luis Obispo, CA 93401-3249 E fotte@slocity.org T 805.781.7511 C 805.431.0111 slocity.org  ATTACHMENT 32 1 Mezzapesa, John From:Richter, Paula@Waterboards <Paula.Richter@Waterboards.ca.gov> Sent:Tuesday, August 8, 2017 3:17 PM To:Mezzapesa, John Cc:Hickey, Teri@Wildlife Subject:RE: Notice of Violation: 1600-2017-0808-R4 - R. Ferris - 4080 Horizon Lane Hi John,    Due to staff time constraints, we are unable to pursue enforcement action over the unauthorized fill activities at 4080  Horizon Way at this time.    Regards,    ~Paula    From: Mezzapesa, John [mailto:JMezzapesa@slocity.org]   Sent: Monday, August 07, 2017 4:48 PM  To: Richter, Paula@Waterboards <Paula.Richter@Waterboards.ca.gov>; Hickey, Teri@Wildlife  <Teri.Hickey@wildlife.ca.gov>  Subject: RE: Notice of Violation: 1600‐2017‐0808‐R4 ‐ R. Ferris ‐ 4080 Horizon Lane    Hello All, I just wanted to check in with you regarding your cases against at 4080 Horizon. We have not made much headway since we received an appeal from the property owner. The appeal has been tied up in our Attorney’s office. Our attorney has asked me to reach out to your agencies for an update. If possible, let me know how your cases have progressed. Thanks, John Mezzapesa Code Enforcement Officer Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org  From: Richter, Paula C.@Waterboards [mailto:Paula.Richter@Waterboards.ca.gov]   Sent: Wednesday, May 03, 2017 1:26 PM  To: Hickey, Teri@Wildlife <Teri.Hickey@wildlife.ca.gov>  ATTACHMENT 33 2 Cc: Hill, Robert <rhill@slocity.org>; Mezzapesa, John <JMezzapesa@slocity.org>  Subject: RE: Notice of Violation: 1600‐2017‐0808‐R4 ‐ R. Ferris ‐ 4080 Horizon Lane    Hi Teri,    Thanks for providing me with Mr. Ferris’ response to CDFW’s NOV. I also received your voice mail, but you must be out  of your cell phone service area as I am getting a Verizon error message.     I did follow‐up with the Chevron about the plans to realign the remnants of the unnamed tributary to San Luis Obispo  Creek on SLO Tank Farm property and connect it with an unnamed tributary on the Avila Ranch development. Chevron  indicated that there are currently plans to do this. He was under the impression that the developer is proceeding with  their project design without the proposed realignment. Even if the realignment did occur, it would be at least five years,  potentially even a decade. Chevron did indicate a willingness to consider such a proposal. I am copying Bob Hill with the  City in case he has any more recent news about this.    We still plan to issue a NOV to Mr. Ferris. I was waiting for the City to issue theirs in order to ensure consistency. I hope  to be able to get that out in a couple of weeks.    Regards,    ~Paula    From: Hickey, Teri@Wildlife [mailto:Teri.Hickey@wildlife.ca.gov] Sent: Wednesday, May 03, 2017 10:03 AM To: Mezzapesa, John (JMezzapesa@slocity.org); Richter, Paula C.@Waterboards Subject: FW: Notice of Violation: 1600-2017-0808-R4 - R. Ferris - 4080 Horizon Lane     FYI    Call if you have any questions as to what the next step will be.        Teri Hickey and K9 Keara Game Warden Law Enforcement Division California Department of Fish and Wildlife (805) 610-3918         From: Salazar, Veronica@Wildlife Sent: Wednesday, May 03, 2017 8:50 AM To: Walbridge, Charles@Wildlife; Hickey, Teri@Wildlife; Connolly, Linda@Wildlife Cc: Vance, Julie@Wildlife; Ferranti, Annee@Wildlife; Tognazzini, Todd@Wildlife Subject: RE: Notice of Violation: 1600-2017-0808-R4 - R. Ferris - 4080 Horizon Lane   Attached is a copy of the letter received on 5/1/17 in response to the Notice of Violation.  ATTACHMENT 33 3   ‐Veronica    From: Wildlife R4 LSA Sent: Monday, April 03, 2017 10:11 AM To: Tognazzini, Todd@Wildlife; Hickey, Teri@Wildlife Cc: Walbridge, Charles@Wildlife Subject: Notice of Violation: 1600-2017-0808-R4 - R. Ferris - 4080 Horizon Lane   For your records, attached is a copy of the Notice of Violation letter for the above‐referenced location.    Thanks,  Veronica Salazar  Staff Services Analyst  CA Department of Fish and Wildlife  Lake and Stream Alteration Program  Central Region (R4)  1234 E. Shaw Ave., Fresno, CA 93710  (559) 243‐4014 Ext. 230        ATTACHMENT 33 1 Mezzapesa, John From:Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov> Sent:Thursday, May 9, 2019 1:48 PM To:Mezzapesa, John; ncoughlin@co.slo.ca.us Cc:Hickey, Teri@Wildlife Subject:RE: 4080 Horizon The case was submitted to the DA’s office. So we will wait and go from there on our end.    Thanks,    Matt     Matthew Gil  Lieutenant #743  San Luis Obispo / South Monterey Counties  (831) 212 – 5989 Cell  (805) 472 ‐ 0113 Office/Fax          From: Mezzapesa, John <JMezzape@slocity.org>   Sent: Thursday, May 9, 2019 1:33 PM  To: Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov>; ncoughlin@co.slo.ca.us  Cc: Hickey, Teri@Wildlife <Teri.Hickey@wildlife.ca.gov>  Subject: RE: 4080 Horizon    Matt and Nick, I apologize for the delayed response. We would like to try and set up a meeting with members of each of your teams to discuss how to best proceed at this point. Our attorney’s office has undergone a transition and we have new counsel that I think would benefit from all of us getting together to discuss. I am thinking possibly the week of May 27th. Are there days/times that work best for you all that week? Let me know. Thanks, John Mezzapesa Code Enforcement Officer ATTACHMENT 34 2 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov>   Sent: Wednesday, March 20, 2019 10:34 AM  To: Mezzapesa, John <JMezzape@slocity.org>  Cc: Otte, Freddy <fotte@slocity.org>; Hickey, Teri@Wildlife <Teri.Hickey@wildlife.ca.gov>  Subject: RE: 4080 Horizon    Warden Hickey completed her case report. The case originated in 2017 and it is a misdemeanor violation. We cannot  proceed criminally due to the statute of limitations being 1 year. My suggestion would be to meet with Nick or other  members of the DA’s office before or after the environmental crimes meeting next month to see if we can try to  proceed with a civil case as was discussed at the last meeting. Let me know you thoughts.    Thanks,    Matt     From: Mezzapesa, John <JMezzape@slocity.org>   Sent: Wednesday, March 20, 2019 10:30 AM  To: Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov>  Cc: Otte, Freddy <fotte@slocity.org>; Hickey, Teri@Wildlife <Teri.Hickey@wildlife.ca.gov>  Subject: RE: 4080 Horizon    Matt, Any updates you are able to share regarding this issue? I was notified by one of our Civil Engineers that the creek alterations came up on a recent FEMA audit. I told him I would try to get an update on the case. Let me know. Thanks, John Mezzapesa Code Enforcement Officer Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 ATTACHMENT 34 3 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov>   Sent: Tuesday, February 12, 2019 11:02 AM  To: Mezzapesa, John <JMezzape@slocity.org>; Otte, Freddy <fotte@slocity.org>; Hickey, Teri@Wildlife  <Teri.Hickey@wildlife.ca.gov>  Subject: RE: 4080 Horizon    Warden Hickey went back out to the property and confirmed the violations still exist. We are waiting on our  Environmental Scientist to conduct a final site visit and write up his findings so we can file a case.    Thanks,    Matt       Matthew Gil  Lieutenant #743  San Luis Obispo / South Monterey Counties  (831) 212 – 5989 Cell  (805) 472 ‐ 0113 Office/Fax          From: Mezzapesa, John <JMezzape@slocity.org>   Sent: Tuesday, February 12, 2019 11:00 AM  To: Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov>; Otte, Freddy <fotte@slocity.org>; Hickey, Teri@Wildlife  <Teri.Hickey@wildlife.ca.gov>  Subject: RE: 4080 Horizon    Matt, Teri, Freddy, Has there been any forward progress in addressing the creek alteration violations out at 4080 Horizon? Let me know. Thanks, ATTACHMENT 34 4 John Mezzapesa Code Enforcement Officer Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Gil, Matthew@Wildlife <Matthew.Gil@wildlife.ca.gov>   Sent: Friday, January 11, 2019 9:02 AM  To: Mezzapesa, John <JMezzape@slocity.org>  Subject: Re: 4080 Horizon    Awesome. Thanks!  Matt Gil   Lieutenant #743  831 212 5989 cell    On Jan 11, 2019, at 09:00, Mezzapesa, John <JMezzape@slocity.org> wrote:  Matt,     As discussed in the EEG meeting at the DA’s office yesterday I am providing you with the case documents regarding the creek bed alterations at 4080 Horizon. I have condensed the documents into one PDF which can be found here. Let me know if the link doesn’t work.    Let me know if you need anything else from me and keep me updated on how the case progresses.     John Mezzapesa Code Enforcement Officer <image001.png> Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 C 805.431.7163 slocity.org  ATTACHMENT 34