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Home My WebLink About04-24-13SAN LUIS OBISPO PLANNING COMMISSION AGENDA Council Chamber City Hall - 990 Palm Street San Luis Obispo, CA 93401 April 24, 2013 Wednesday 6:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, John Larson, Michael Multari, Airlin Singewald, Charles Stevenson, Vice -Chairperson Eric Meyer, and Chairperson Michael Draze ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. MINUTES: Minutes of April 10, 2013. Approve or amend. PUBLIC COMMENT: At this time, people may address the Commission about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to five minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. PUBLIC HEARINGS: NOTE: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. Any decision of the Planning Commission is final unless appealed to the City Council within 10 days of the action (Recommendations to the City Council cannot be appealed since they are not a final action.). Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the Community Development Department, City Clerk's office, or on the City's website (www.slocity.org). The fee for filing an appeal is $268 and must accompany the appeal documentation. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 1. City -Wide. GPA 65-12: Zoning Code amendments including guest house and secondary dwelling unit regulations; City of San Luis Obispo — Community Development Dept., applicant. (Brian Leveille) Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Community Development, 919 Palm Street, during normal business hours. Planning Commission Agenda Page 2 COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast 3. Commission ADJOURNMENT Presenting Planners: Brian Leveille ® The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance. CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM # 1 BY: Brian Leveille, Associate Planner DATE: April 24, 2013 FROM: Doug Davidson, Deputy Director of Community Developmentpt> FILE NUMBER: GPI 65-12 PROJECT ADDRESS: Citywide SUBJECT: Annual review of amendments to Municipal Code Title 17: Zoning Regulations. SUMMARY RECOMMENDATION Adopt the attached Planning Commission resolution which recommends that the City Council adopt the proposed amendments to the Municipal Code. BACKGROUND Situation/Project Description Consistent with on -going efforts to update and improve various development regulations, the Community Development Department has prepared a draft update to the City's Zoning Regulations. Periodic review of City documents is necessary to ensure that regulations are clear, consistent, and effectively implement the goals and policies established by City Council. In addition to minor revisions and updates, staff is recommending several more significant amendments including bedroom and loft definitions, guest house and accessory structure regulations, revisions to parking requirements for secondary dwelling units, and the establishment of regulations for garage and yard sales, and mechanical parking lifts. Amendments to affordable housing incentive regulations are also required for consistency with the California Government Code. The recommended amendments are being brought before the Planning Commission to provide Commissioners with an opportunity to evaluate the proposed code amendments and make a recommendation to the City Council. Draft amendments are included in Attachment 1. Sections of the regulations being amended in Attachment 1 are included in order below. Proposed new language in regulations is underlined and proposed deleted language is shown in strikethrough. New language to the two tables, Table 9 (Uses Allowed by Zone), and Table 6 (Parking Requirements by Use), is shown italicized and shaded. Specific sections that contain more substantive revisions are discussed in more detail below: DISCUSSION Guest Houses and Accessory Structures (New sections, 17.16.013 & 17.16.014) Current situation The illegal conversion of guest houses and accessory structures into unapproved dwelling units has been an ongoing issue Citywide. Current regulations provide for the construction of habitable accessory structures which can be used for living and sleeping purposes, provided they do not GPI 65--12 (2013 Zoning text amendments) April 24, 2013 Page 2 exceed 450 square feet. Accessory structures which do not include habitable space, such as garages, or workshops, have no space limitations except relevant development standards such as lot coverage and setback requirements. Regulations do not allow accessory structures and guest houses that include facilities meeting the definition of a kitchen since they are not approved as dwelling units. Accessory structures which contain facilities meeting the "Kitchen" definition are classified as dwelling units which can only be approved in conjunction with a primary single family residence as secondary dwelling units. Current regulations which rely on the "Kitchen" definition have been ineffective in preventing the use and conversion of accessory structures into unapproved dwelling units. Submittals for accessory structures which do not include facilities or appliances on building plans that meet the definition of a kitchen such as ovens, microwaves, or refrigerators must approved based on current regulations, even though these features can easily be added later. Sinks are often designated as "wet bars" and can be provided if the drain outlet does not exceed 1-1/2 inches in diameter. Countertops and cabinets also can be designated on plans as intended for some other use than for preparation or cooking of food, or they can be left off plans altogether and installed following final inspections. The primary motivator for property owners to pursue this option over approval of secondary dwelling units is the high cost of permitting for impact fees and difficulty in meeting the parking requirement for one additional parking space which is required. Amendments which would grant more flexibility in meeting parking requirements for secondary dwelling units are discussed below. The Utilities Division is currently studying fee structure revisions for secondary dwelling units which are anticipated to significantly reduce SDU impact fees. Proposed Amendments Staff recommends new definitions to create a clear distinction between accessory structures such as garages and workshops, and accessory structures which include bathroom facilities that can be converted more easily into unapproved dwelling units. Recommended amendments would classify accessory structures with bathroom or restroom facilities as "guest houses" which would be subject to administrative use permit review and conformance with requirements in the newly added section 17.16.014. Requirements of the guest house regulations include a maximum of 120 days of occupancy per calendar year, plumbing may only be installed for bathroom and restroom facilities, and a covenant agreement must be recorded. Proposed amendments should discourage and prevent the construction of accessory structures which are intended to be illegally converted into dwelling units. Bedroom, loft, den definitions (17.100) Bedroom Definition The current bedroom definition classifies a room within a dwelling as a bedroom when it is designed for sleeping and has less than a 50% open wall area with an adjoining room. As long as the floor plan shows the room as 50% open, the room can be labeled for another purpose such as an office, then be later used for sleeping purposes or be fully converted into a bedroom by adding GPI 65-12 (2013 Zoning text amendments) April 24, 2013 Paize 3 partitions or closing off the remaining open area. Under the current definition this can be done even if the room is shown along a hallway with designated bedrooms, or if the room is upstairs from other common use areas, and appears clearly designed for sleeping purposes or to be enclosed for use as a bedroom. The recent code enforcement case at Pine Creek condominiums where all 36 units involved illegal conversion of dens or lofts into bedrooms is an example of the health and safety issues associated with illegal conversion of spaces not designated or approved for sleeping purposes. The recommended amendment would classify any space or room within a dwelling not otherwise classified as another type of room such as a living room or den as a bedroom. This amendment should be more effective than the current definition in ensuring that projects comply with density and parking requirements and cannot design rooms with the purpose of later conversion into unapproved bedrooms. Similar definitions are in use in jurisdictions such as the City of Monterey, City of San Marino, and County of Santa Cruz. Secondary Dwelling „Unit Parking (17.21.040) Very few secondary dwelling units have been constructed in the City since regulations were originally adopted in 1982. Since the last amendments to Zoning Regulations for Secondary Dwelling units in 2003, only 11 secondary dwelling units have been constructed. Secondary dwelling units are encouraged by City Housing Element policy 6.28, which states the City should consider flexible development standards, fee reductions or deferrals, or other measures to encourage the construction of SDU's where allowed by zoning. The State Government Code (Planning and Zoning Law) states in part: "....It is the intent of the Legislature that any second - unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance." In terms of development standards, meeting parking requirements is the main barrier which prevents most properties from being able to meet the SDU development standards. It is not possible for most otherwise qualifying residential properties to meet parking requirements for secondary dwelling units since they do not have space for the additional required parking space under current standards. Staff recommends adding flexibility to meet the parking requirement by allowing tandem parking for the primary dwelling and one parking space to be reserved within the driveway for the SDU (Figure 1, below). This parking configuration would only be allowed for properties with approved SDU's. For single car width driveways, the parking could be provided on a parking pad next to the driveway space as is currently allowed in the recently adopted Front Yard Parking Regulations. Together with water and wastewater impact fee reductions for SDU's which the Utilities Department is currently studying, the amended parking regulations should help to make the development of SDU's more feasible. GPI 65-12 (2013 Zoning text amendments) April 24, 2013 Pa,ze 4 Figure I. T'andent parking configuration for residences with approved SDU s. Mechanical Parking sifts (17.16.060.D) Staff is recommending adding regulations providing for mechanical parking lifts. The need for regulations and review procedures for parking lifts came up recently in the review of a mixed use project recently approved at the conger of Taft Street and Kentucky Avenue. Recommended amendments would require use permit approval and conformance with Community Design Guidelines, as well as demonstrating the proposal of mechanical lifts achieve superior project design and fulfill General Plan objectives. Draft amendments would only allow mechanical parking lifts in commercial zones and multi -family developments. Garage and Yard Sales 17.08.020 There are currently no City regulations that directly address garage and yard sales. There have been isolated cases where code enforcement has received complaints regarding the advertisements of garage sales in the public right-of-way. Though this has not been a significant issue city wide, the City should have established regulations in place. Recommended amendments would allow garage or yard sales a maximum of three times within a twelve month period. Each garage or yard sale would not be allowed more than three consecutive days, and items for sale must consist of normally accumulated household items and limited to property owned by the resident(s). Garage and Yard sales could not include any items offered for sale which are acquired for resale and no sale of vehicles or commercial items could be sold. Community Gardens (17,100.C. & Table 9 _ Uses allowed by zone) The General Plan Land Use Element states that residential expansion areas including the Margarita and Orcutt Area should include public parks and open space including areas for GPI 65-12 (2013 Zoning text amendments) April 24, 2013 Page 5 community gardens in multi -family areas. Staff has recently also received inquiries on establishing community gardens in existing residential areas of the City. A definition for Community Gardens has been added and the use has been added to Table 9 (Uses Allowed by Zone) to allow Community Gardens in all residential zones and the Public Facilities Zone (PF) with approval of an administrative use permit. Wine — off site tasting room (17.100.W. & Table 9 —„Uses allowed b. zone) To assist logical lookup in the definitions, the current definition of "Off -site wine tasting room" is proposed to be modified to "Wine tasting room — off site". The use is currently allowed in several commercial zones with no use permit review requirement. Since this use was added to the Zoning Regulations several years ago, ABC regulations have changed to allow service of full glasses where before only 1 oz. pours were allowed. Additionally, considering the recent adoption of Alcohol Outlet Regulations and the Deemed Approved Ordinance, staff recommends requiring administrative use permit review similar to the currently established review process for restaurants proposing to serve alcohol after 11:00 p.m. Shower and Locker Requirements (17.16.060 and Table 6.5) Currently, the City's Zoning Regulations do not have a requirement for locker and/or shower facilities. The recommended amendment to the Zoning Regulation 17.16.060 is based on policies located within the General Plan Circulation Element, the 2007 San Luis Obispo Bicycle Transportation Plan, and the Draft 2012 Bicycle Transportation Plan. Implementation of these policies and action items requires amendments to the Zoning Regulations to require lockers and shower facilities. The recommendation for the required number of locker/shower facilities is based on the provided long-term bicycle parking at a development. Long-term bicycle parking is primarily used by employees commuting by bicycle, whereas the short-term bicycle parking is primarily being used by guests/patrons. The recommended amendments tie the required number of long term bicycle parking to the number of required locker/shower facilities. The current Zoning Regulations address long-term bicycle parking in Table 6.5 using calculations based on the square footage and use of a development. Since these requirements are already in place, these percentages can readily be used to calculate the number of locker/shower facilities. The number of provided long-term bicycle parking should directly correlate to the number of locker/shower facilities required at a structure. The proposed numbers requiring one shower and five lockers for every five long-term bicycle parking spaces is anticipated to be adequate if/when the maximum long-term bicycle parking is utilized. Here are some examples of how the shower and locker requirements would be calculated: 1. 16,000 s.f. office space (same as 919 Palm) in Office Zone typically require one space per 300 square feet of gross floor area. This results in a total parking requirement of 53 vehicle parking spaces. Per Table 6.5 a minimum of 2 short term and 6 long term bicycle parking spaces would be required. At the recommended ratio of one shower and five GPI 65-12 (2013 Zoning text amendments) April 24, 2013 Page 6 lockers for every five required long-term bicycle spaces, one shower and 5 lockers would be required. 2. 12,000 Trader Joe's grocery store would typically require one space per 200 square feet of gross floor area. This results in a total parking requirement of 60 vehicle parking spaces. Per Table 6.5, a minimum of 5 short term and 4 long term bicycle parking spaces would be required. No shower or lockers would be required. 3. The Marriott Hotel on Calle Joaquin has a parking requirement of 138 spaces. Per Table 6.5, a minimum of 1 short term and 6 long term bicycle parking spaces is required. As recommended, one shower and 5 lockers would be required. Affordable housing incentives regulations Updates to the Chapter 17.90 (Affordable Housing Incentives) of the Zoning Regulations relate to recent changes to the State Density Bonus Law, and Government Code Section 65915-65918. The City's Affordable Housing Incentives were last updated in 1995 and State Law related to affordable housing production has substantially changed. Some highlights of the changes include additional definitions, greater percentage of density bonus allowed and additional options for alternative incentives and concessions. This amendment is particularly timely since the City will be updating the Housing Element this coming year and jurisdictions must have updated density bonus ordinances. ATTACHMENTS: 1. Text Amendments (Legislative Draft) 2. Planning Commission Resolution Attachment 1 17.16.013 Accessory Structures This section applies to accessory structures as defined in 17.100.A. "Accessory Structures". AccessorV structures to residential development which do not include habitable space such as garages or worksho s and may include a single washbasin or sink. Structures which are accessory to residential units which include habitable space shall not exceed 450 s . ft. AccessorV structures which include bathroom facilities including toilets bathing facilities showers, or sinks are separately defined as "quest houses" „and are subject to the requirements of 17.16.014. including limits on the duration of occupancy allowed. All accessory structures shall be compatible with the scale massing, and architectural character of the priM2r dwelling unit and surrounding neighborhood. 17.16.014 Guest Houses A. Purpose and Intent. The purpose of this section is to establish regulations for the development of quest houses as an approved accessory use to a primary residential unit. Regulations on guest houses are established to prevent conversion of these structures into unpermitted dwelling units and to ensure that such structures are not used as separate dwelling units_ Unpermitted conversion of, quest houses into dwelling units is detrimental to the public health safetV, and welfare of the community. B. Applicability 1. This section applies toc guest houses as defined below (17.100.G.) "Guest House": A. Guest House. A_separate "accessory structure", attached or detached, which contains bathroom facilities including toilets bathing facilities showers or sinks. and does not contain a kitchen. A quest house may only be used in conjunction with a primary residence that contains a kitchen and cannot be separately rented from the main dwelling unit. Guest houses are limited to 120 days of total occupancy per _year. Aquest house may also include additions to prftmarV structures if the addition's floor plan does not include primary interior access through the primary dwelling unit through a hallway or common use room. A quest house shall be no larger than 450 square feet. Guest houses shall comply with the requirements of this section. 2. This section does not apply to secondary dwelling units, legally established dwellings, or accessory structures which do not include bathing and/or restroom facilities which are separately defined in 17.100.A. See 17.16.013 for regulations on accessorV structures. C. Use Permit review required. Administrative Use Permit approval required. 1. Administrative use permit review is required to ensure compliance with the below requirements of 17..16.014.D. and to further the intent and purpose of this section. Use permit review shall be subiect to the provisions of Chapter 17.58 (Use Permits). m D. Requirements. 1. Guest Houses maV be allowed subject to the following provisions: a. The structure must be consistent with density provisions and development standards of the underlying zone. The structure may not exceed 450 square feet and shall remain in an open floor plan. b. Areas where questhouses may be allowed. Upon meeting the requirements in this section, guesthouses maV be established in the following zones: R-1, R-2, R-3, R-4, and 0, when_ the primary use on the site is a single-family dwelling. c. Areas__ prohibited. Guesthouses shall not be established in any condominium or planned developmentp_roiect unless specificallV addressed in the planned development ordinance as adopted or amended or any mobile home subdivision trailer park, Guest houses shall not be allowed on non -conforming lots, d. No separate rental. Guest houses may not be rented separately from the primary dwelling unit. e. Occupancy time limits. Occupancy of quest houses are limited to 120 days total per calendar year. f. No facilities meeting the definition of a "Kitchen" in 17.100.K, may be installed and plumbing shall only be provided for bathroom use only. No plumbing may be provided to "wet bars", dishwashers or any features which could be used for a kitchen. Plans approved for construction of accessory structures shall not include countertops or plumbing designed for subsequent installation of sinks, dishwashers,_ garbage disposals, or ,any other features consistent with the definition of a "Kitchen". _q. Owners Agreement with the City. Prior to the issuance of construction permits a covenant agreement shall be recorded which discloses the structures approved floor plan and status as a "quest house" which cannot be used as an independent dwelling unit, and may only be used in conounction with the primary residence that contains a kitchen. This agreement shall be recorded in the office of the countV recorder to provide constructive notice to all future owners of the property. The covenant agreement also maV contain authorization for annual inspections, and to allow the City upon reasonable time and notice, to inspect the premises for compliance with the agreement and to verify continued compliance with requirements of this section and health and safety codes. h. Conformance with Community Design Guidelines. The structure shall comply with Community Design Guidelines and be compatible and in architectural character and scale with the main residence and development. i. Property owners receiving approvals pursuant to this section shall also agree to reimburse the City for costs of all necessary enforcement actions. E. Appeal. Appeal procedures for this section shall be as provided „by_Chapter 17.66. Chapter 17.100: Definitions A. Definitions, "A." Accessory. "Accessory" means clearly subordinate or incidental and directly related to a permitted use or structure. "Accessory use" includes active or passive solar heating systems and cogeneration facilities. " Code, shall be RO largerthaR 450 square feet. _Q (part), 1982: prier re -de — 02204 11 (mart)) Accessory Structures. AccessorV structures are located upon the same site as the structure or use to which it is accessory. Accessory structures consist of detached structures or additions to primary structures if the addition's floor plan does not include primary interior access from the main dwelling unit through a hallway or common use room. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. "Accessory structures" that include habitable space, as defined by the California Building Code, shall be no larger than 450 square feet. "Accessory structures" shall comply with Section 17.16.013. Structures which include bathroom facilities including toilets bathing facilities or sinks are separately defined as a "quest house" and are subject to the requirements of 17.16.014.(Ord. 941-1(part), 1982: prior code — 9204.11 (part)) G. Definitions, "G." Guest House. A separate "accessory structure" attached or detached which contains bathroom facilities including toilets, bathing facilities, showers, or sinks. and does not contain a kitchen. A quest house may only be used in con'unction with a primarV residence that contains a kitchen and cannot be separately rented from the main dwelling unit. Guest houses are limited to 120 days of total occupancy er year. A uest house maV also include additions to primary structures if the addition's floor plan does not include primary interior access through „the primary dwelling unit through a hallway or common use room. A quest house shall be no larger than 450 square feet. Guest houses shall comply with the requirements of this section. _Guest „houses shall comply with Section 17.16.014. Chapter 17.100: Definitions B. Definitions, "B." Bedroom. "Bedroom" means any space in a dwelling unit „which contains a minimum of 70 square feet of floor area unless it is one of the below listed rooms or common spaces adjacent and open to common areas. The "Bedroom" definition does not include garages, attic space, or similar spaces which are not habitable such as fovers, storage closets, utility rooms, or unfinished attics and basements. die a dwelling ,snit that is designed fGF sleepiRg aRGI has less than o 500/ open ,moll area with �n �nlin'n ipr. reern. (1) Hall, (2) Bathroom; (3) Kitchen; (4) Living room (5�__Den (see definition, 17.100.D.) 6 Loft see definition for requirements, 17.1001. 7 Dining room (opening off of the kitchen or living room maximum one per dwelling unit (8) Family room (opening off of the kitchen or living room, maximum one per dwelling unit); (9) Breakfast nook (opening off of the kitchen, maximum of„one _per dwelling unit)- 10 Laundry room; 11 Closet/dressing room opening off of a bedroom. Upon written approval by the Community Development Director, exceptions „may be granted provided the following finding can be made: (1) The room or space cannot by its design cannot function as a bedroom or be easily converted to a bedroom. D. Definitions, "D. Den (or family room); �a��,;^n M^^^^, le ft or studloy "Den" (or "family room,"I "sewing Feem," "left" or studie") means a room which is completely open on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. " y g p' g. See also "Loft' and Bedroom" definitions) (Ord. 941 1 (part), 1982: prior code 9204.11 (part)). L. Definitions, "L." Loft or Mezzanine). "Loft' or "Mezzanine" means a partial or intermediate level of a building interior containing floor area without enclosing interior walls or partitions and not separated or partitioned from the floor level below or access way (stairs and/or landing) leading to the loft from the floor below by a wall or any other partitions. Spaces designated as lofts which do not fully conform to this definition shall be deemed a "bedroom". (See also 17.100.133 17.21.040 Performance standards. A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., except for density requirements as defined by Zoning Regulations. 1. Secondary dwelling units shall conform to all applicable building and construction codes. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any other use_ 3. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary dwelling units shall also be architecturally and functionally compatible with the primary unit. (Ord. 1004 - 1 (part), 1984; prior code - 9930) The new structure shall incorporate the traditional architectural characteristics of existing houses in the neighborhood, including window and door spacing, exterior materials, and roof pitch and style. 5. The height of second units should be consistent with surrounding residential structures. Unless adequate setbacks justify otherwise, secondary dwelling units that result in two-story construction shall be setback from the first floor to allow for solar access and reduced overlook. 6. Site planning: Secondary dwelling units should be located behind or above the existing dwelling on the site. Designs that significantly alter the street appearance of the existing residence shall be discouraged. The presence or design of the secondary dwelling unit per se, will not justify granting development exceptions. 7. Private Open Space: A minimum of 250 square feet of private open space must be provided for secondary dwelling units exclusive of a minimum of 250 square feet to be provided for the primary residence on the property. Private open space provided at ground level must have a minimum dimension in every direction of at least 10 feet or 6 feet for spaces above ground level on an elevated deck or balcony. 8. Significant alterations to landform (grading in excess of 300 cubic yards) or removal of native trees or significant landscape trees shall be discouraged for the placement of a secondary dwelling unit. 9_ A landscape plan shall be required for new secondary dwelling units. A minimum 5-foot wide landscape planter with screening shrubs shall separate parking areas from adjacent properties. Landscape shrubs and trees shall be required for areas between secondary unit and adjacent properties. 10. Parking: Secondary dwelling units that are 450 square feet or smaller shall require 1 parking space, regardless of zoning district. Parkin for secondary dwelling units may be provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car garages, parking for the primary dwelling may be provided in tandem to allow one parking space in the driveway for the secondary dwelling unit. Agreement to maintain garage parking for the _tandem parking configuration for the primary dwelling unit shall be reflected on building plans and a covenant agreement shall be recorded noting the requirement to comply with this condition and granting the City the right to inspect the premises for compliance. The parking space located within the garage in front of the parking for the designated SDU may not be converted to other uses such as living space (see Figure 9.7.g., below). Secondary dwelling units located on where the primary dwelling unit has a single car width drivewaV and garage may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car Parking). P 211, M M �4? A AZT WRIER PR ga, IM'Mam within .Area 01ara(,Ye iiaay not j" be converted, PEE Prlaiary DwellITHY Unit ParkJog, . . ... . . SDU Parking . . . . . . . . . . k4 fl , 7 Figure 9.7.g. 11. Alterations to designated historic properties or structures to allow now construction of a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. 17.21.050 Procedure requirements Prior to filing building plans with the City Building Division, the following shall be met: A. Architectural Review Required. All requests shall be reviewed for consistency with the City's Community Design Guidelines and architectural review ordinance. The director shall determine, upon receiving complete application, whether the project shall be forwarded to the Architectural Review Commission for review. All new development projects within Historic Districts or within properties that contain designated historic structures shall be referred to the Cultural Heritage Committee to be reviewed for consistency with Secretary of Interior Standards for treatment of a historic property. B. Application Contents. All pFeposed 69GOR lary dwellingunit cconstr in#inn requests shall be by formal annlina#inn fer a Sr,,,, Rdary ,-weliiRg unit. AM Determination of Code Consistency shall be approved prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. C. Additional Requirements. 1. Owners Agreement with the City. The owner shall enter into an agreement with the city, on a form approved by the city attorney and community development director, agreeing that the property will be owner -occupied. Upon approval of a building permit, this agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property of the use and owner occupancy restrictions affecting the property. If owner occupancy is not possible, then the use will terminate, and the structure will be returned to its original condition to the satisfaction of the director. 2. Property owners receiving approvals for secondary dwelling units and establishing the use pursuant to this section shall also agree to reimburse the city for costs of all necessary enforcement actions. D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals - Architectural Review). 17.16.060 Parking space requirements. A. Intent. This section is intended to ensure provision of adequate off-street parking, considering the demands likely to result from various uses, combinations of uses, and settings. It is the City's intent, where possible, to consolidate parking and to minimize the area devoted exclusively to parking and drives when typical demands may be satisfied more efficiently by shared facilities. B. Shared parking reduction. Where two or more uses share common parking areas, the total number of parking spaces required may be reduced by up to 10%, with approval of an administrative use permit. Where shared parking is located on more than one parcel, affected parties must record an agreement governing the shared parking, to the satisfaction of the Director. C. Mixed -use parking reduction. By approving an administrative use permit, the Director may reduce the parking requirement for projects sharing parking by up to 20%, in addition to the shared parking reduction, for a total maximum parking reduction of 30%, upon finding that the times of maximum parking demand from various uses will not coincide. D. Mechanical Parkintf Lifts. In commercial zones and multi -family developments, b approving an administrative use permit, mechanical parking lifts maV be used to satisfV all or a portion of vehicle parking requirements. Additional surface parking up to 25% of the required minimum amount of spaces may be required for lift systems unable to accommodate a range of vehicles including trucks vans SUV's or large sedans. Applications submittals shall include any information deemed necessary by the Director to determineparking_can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made: e use of mechanical lift parking results in sup erior design and implementation of City goals and policies for inf ill development. 2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking shall comply with Community Design Guidelines and be compatible and appropriately considered with overall building and site design. 3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements, and Parking and Driveway Standards with the exception of minimum parking stall sizes which are established by lift specifications. 4. There exists adequate aareement runnina with the land that mechanical parkin systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance. 5. There are no extenuating circumstances of the site or development, or particular model or type of mechanical lift system which could result in detrimental impacts to those living or working on the site or in the vicinity. ED. Automobile trip reduction. By approving an administrative use permit, the Director may reduce the parking requirement for projects implementing non -auto travel, particularly for commuting, when it can be demonstrated that reduction of on -site parking will be safe, and will not be detrimental to the surrounding area or cause a decline in quality of life. The applicant shall provide reasonable justification for the reduction, including innovative project design, transportation demand management (tdm), or incentives, which will reduce single - occupant vehicle travel to and from the site. These may include, but are not limited to programs such as carsharing, employer -paid transit passes, cashouts (i.e. trip reduction incentive plans), or off-peak work hours. Chapter 17.08: Uses Allowed In Several Zones Sections: 17.08.010 Temporary uses. 17.08.020 Outdoor sales on commercial and residential lots. 17.08.030 Service stations. 17.08.040 Concurrent sales of motor fuel and alcoholic beverages. 17.08.050 Vending machines. 17.08.060 Electronic game amusement centers. 17.08.072 Mixed Use projects. 17.08.080 Public utilities. 17.08.090 Home occupations. 17.08.095 Neighborhood grocery markets. 17.08.100 Child and adult day care. 17.08.110 Homeless shelters. 17.08.120 Location of pools and pool equipment. 17.08.130 Live/work and work/live units 17.08.010 Temporary and Intermittent Uses. A. Purpose and Intent. The provisions codified in this chapter provide for certain temporary and intermittent uses. It establishes standards and procedures to assure that such uses are compatible with their surroundings and the intent of these regulations. In approving a temporary or intermittent use, the Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures, and site planning, in addition to performance standards specified below. The Director shall determine the extent to which any permanent on -site parking and other facilities may satisfy the requirements for the proposed use. A temporary use approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the specific cases listed in Section C. The Director may refer any proposed temporary or intermittent use to an administrative hearing or to the Planning Commission for action. B. Definitions. A temporary use is one which is established at a particular location for less than one year. An intermittent use is one which occurs no more than 90 days in a year, but which may continue from year-to-year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the normal business operations, e.g. parking lot sales, benefits, and special events. Temporary and Intermittent Uses are not intended to serve the primary purpose of allowing flexibility from Sign Regulations or other City Codes. Chapter 17.08: Uses Allowed In Several Zones Sections: 17.08.010 Temporary uses. 17.08.020 Outdoor sales on commercial and residential lots. 17.08.030 Service stations. 17.08.040 Concurrent sales of motor fuel and alcoholic beverages. 17.08.050 Vending machines. 17.08.060 Electronic game amusement centers. 17.08.072 Mixed Use projects. 17.08.080 Public utilities. 17.08.090 Home occupations. 17.08.095 Neighborhood grocery markets. 17.08.100 Child and adult day care. 17.08.110 Homeless shelters. 17.08.120 Location of pools and pool equipment. 17.08.130 Live/work and work/live units 17.08.010 Temporary and Intermittent Uses. A. Purpose and Intent. The provisions codified in this chapter provide for certain temporary and intermittent uses. It establishes standards and procedures to assure that such uses are compatible with their surroundings and the intent of these regulations. In approving a temporary or intermittent use, the Director may establish requirements related to, but not limited to, days and hours of operation, parking, temporary structures, and site planning, in addition to performance standards specified below. The Director shall determine the extent to which any permanent on -site parking and other facilities may satisfy the requirements for the proposed use. A temporary use approval is not intended to allow a land use that is not allowed in the primary zoning district, other than in the specific cases listed in Section C. The Director may refer any proposed temporary or intermittent use to an administrative hearing or to the Planning Commission for action. B. Definitions. A temporary use is one which is established at a particular location for less than one year. An intermittent use is one which occurs no more than 90 days in a year, but which may continue from year-to-year. Temporary and intermittent uses for businesses shall consist of activities that represent a variation from the normal business operations, e.g. parking lot sales, benefits, and special events. Temporary and Intermittent Uses are not intended to serve the primary purpose of allowing flexibility from Sign Regulations or other City Codes. 17.08.020 Outdoor sales. C. Game and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of three times within a twelve month period subiect to the following, requirements: 1. Each garage or yard sale may not exceed three consecutive days. 2. Multi -family, condominium projects, and common interest subdivisions may have up to three garage/sales in approved common areas with the permission of the Home Owner's Association property owner, or approved propertV manager. 3. Items shall consist of normally accumulated household items(clothing,furniture etc. and be limited to propertywned by the resident(s) of the dwelling where the sale is to be conducted. Items offered for sale may not include items acquired for resale or and may not be used for vehicle sales or to sell new or commercial items not intended for household use. 4. One on -site sign not to exceed 4 square feet shall be permitted during the sale. No other signs are permitted in the area and no signs may be displayed in the public right of -way . 5. Garage/yarrd sales are not permitted on vacant lots. Chapter 17.100: Definitions C. Definitions, "C." Community Garden. "Community garden" means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents. Crop Production. Commercial agricultural production field and orchard uses, including the production of the following or similar, primarily in the soil on the site and not in containers: Field crops; Flowers and seeds; Fruits; Grains; Melons; Ornamental crops; Tree nuts; Trees and sod; Vegetables; Wine and table grapes. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing, not including sales sheds, which are instead defined under "Produce stand." Does not include greenhouses or containerized crop production which are instead defined under "Greenhouse/Plant Nursery Commercial'. Does not include non-commercial home gardening, which is allowed as an accessory residential use allowed without_ Cityapproval. G. Definitions, "G." Greenhouse/Plant Nursery Commercial. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental_ plants in the soil on the site is instead included under "Crop production". Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial -scale greenhouses home greenhouses are accessory residential uses . rcuirzuany 2012- FABLE 9 - USES ALLOWED BY ZONE My ®,� San lws OBISPO, Zoninq izcquLitlons Land Use Permit Requirement by2oning DistKet Specific use Regulations, AC' C/C5 'R1 R2 R3 - Ra PF :O (t) C d C C I C-D I C-R I C-g I C-S I M gp AGRICULTURE Cropproductionan9ng A' A A i' A D D Grazing A 4 - Ones nhouse/PPantNursery, commercial PC PC CommunifyGardens;l D D D D D Livestock feed lot PC PC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale A A PC Furniture and fixtures manufacturing, cabinet shop D i A Industrial research and development PC D D Laboratory - Medical, analytical, research, testing PC A A A A Laundry, dry cleaning plant A A Manufacturing - Heavy PC PC Manufacfurng - Light D A A Petroleum product storage and distribution D Photo and film processing lab A A Printing and publishing A A A Recycling facilities - Collection and processing facility D I Recycling facilities - Scrap and dismantling yard p _ .. Recycling facilities - Small collection facility D D D A - Storage - Personal storage facility A A Storage yard D A Warehousing, indoor storage A A PC Wholesaling and distribution j A A PC LODGING Bed and breakfast inn D PC I PC A A A Homeless shelter PC PC A PC PC PC PC PC PC i PC PC 17.08.190 Hostel _ PC PC _� A A A Hotel, motel A A A PC Recreational vehicle (RV) park accessory to hotel, motel PC Vacation Rental -::: 17 22 G Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting specific land uses follow the table. Chapter 17.100: Definitions Definitions, "O." W. Definitions, "W." Wine tasting room — off site. A satellite wine tasting room associated with a licensed winerV serving only those wines it produces in 1-ounce tastes or an amount approved by Alcohol and Beverage Control for tasting purposes. Only one satellite wine tasting room is permitted per licensed winery. Wine tasting establishments serving wines from multiple wineries are separately defined as a Bar/Tavern. p a.gis 8:1 city of sin Lu, ,s oBisp® 70MY1 , RCQLfLAtIOC]S TABLE 9 - USES ALLOWED BY ZONE - Continued �C—BQUARY 2012 Land Use Permit Requirement by Zoning District Speciffid use ' Regulations AG Q/DS R1 R2 R3 R4 PP D (1) C-N G C C-D 'C-I� C-T G-5 M Rp Mr-UhiCZ 8d IV IN, I_IJUJ,AI (UN, & t"YJb Li Lo Ato�tll U!51=J Club, lodge, private meeting hall D D A D A/D D D D Commercial recreation facility - Indoor PC D D D D D(12) PC D 17 08.060 Commercial recreation facility - Outdoor PC PC Educational conferences D D D A D D D D PC A A D 57.OB.DID.C.6 Fitness/health facility Golf Course PC Library, museum PC D D D D Library, branch facility D D D D Night club D D D D D D Chapter 17.95 777"77 7— Park, playground D D A A A A D D ��, A A A Public assembly facility PC D D D D PC Religious facility PC D D D D A D D D A D(7) D(7) D(7) School - Boarding school, elementary, middle, secondary School - College, university campus PC PC PC School - College, university - Satellite classroom facility School - Elementary, middle, secondary _ PC PC D D PC D School - Specialized educationitraining PC AID AID A A f A Special event D D D D D D D D D 17.08,010 Sports and active recreation facility PC PC PC PC Sports and entertainment assembly facility PC PC Studio Art, dance, martial arts, music, etc. D D A/D A/D A PC A Theater PC(S) D D D D Chapter 17.95 Theater - Drive-in PC PC RESIDENTIAL USES Boarding/rooming house, dormitory j PC D_ D D Chapter 17.20 Caretaker quarters A A A A A l A A A A A A A A A A D Convents and monasteries PC A A D Fraternity, sorority PC PC High occupancy residential use D D _ Y Home occupation H H H Hv H H H H H_ H H H H H 17.06,090 Live/work units - A� A A A A 17.08.120 Mixed -use project A A j A A A A — PC - PC 17.08,072 Mobile home as temporary residence at building site A A A LA A_ A A A Mobile home park A A - A Multi -family dwellings A A A D D Residential care facilities - 8 or fewer residents A A A A A A A/D A/D A/D D Residential care facilities - 7 or more residents A A A A A D A/D A/D D Residential hospice facility PC !, PC D PC PC D - Rest home -_ A A - A A D A/D A/D D -- Single-family dwellings A A A(2) -A-'- A A A A D D Secondary dwelling units - - A A A A A - Chapter 17.21 Work/live units D D - -__ 17,08.120 - Key: A - Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above H - Home Occupation Permit required Note: Footnotes affecting specific land uses follow the tacle. My o.� sAn Luis omspo C B ➢Z 1, 1A R Y '2 012 zoninic, lzcGuLatiions TABLE 9 - USES ALLOWED BY ZONE - Contnued Permit Requivement by Zoning District ...................... Lend and Use I AGICIncl .1 C-N I C-C I C-D I C-R I C-T C-S RETAIL SALES Auto and vehicle sales and rental Auto parts sales, with installation Auto parts sales, without installation Bakery, retail Building and landscape materials sales, indoor Building and landscape materials sales, outoor Construction and heavy equipment sales and rental Convenience store Extended hour retail Farm supply and feed store Fuel dealer (propane, etc) Furniture, furnishings, and appliance stores General retail - 2,000 sf or less General retail - More than 2,000 sf, up T6-- --15,000sf General retail - More than 15,000 st, up to 45,000 sf General retail - More than 45,000 sf, -to 60,000 sf General retail - More than 60,000 sf, up to 140,000 sf Groceries, liquor, specialty foods Mobile home, RV, and boat sales Office -supporting retail, 2,000 starless Office -supporting retail, More than 2,000, up to 5,000 sf XJJ7#1a5ff17,gjr0,dM, -6-ft sate Outdoor temporary and/or seasonal sales Produce stand Restaurant Outdoor BBO/Grill, accessory to restaurant Service station (see also "vehicle services") Vending machine Warehouse stores - 45,000 sf or less gfa Warehouse stores - more than 45,000 sf gfa D A PC D(5) A A A D A A A A A i A A A D D A A A A A D D A A A D D D D D A A A A A D D D 17.08.095 D D D D D D D + _.D PC A A D A A A A A A(3) A A A A D(3) D A A D A A D D A A PC PC PC A(l 0) A A A PC A PC A A A A A D D D A A D See Se ction 17.08.020 17.08.020 D D A A A A A A A A A 1) D 1) D D D D _D D D D j D D A 1T08.030 See Section 17.08.050 17.08.050 D j PC PC I . PC.J. Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required 1VD = Directors approval an ground floor, allowed on second floor or above Note: Footnotes affecting specific land uses follow the table. 17.16.060 Parking Space Requirements F. Bicycle and Motorcycle Spaces. Each use or development, which requires 10 or more spaces, shall provide facilities for parking bicycles and motorcycles as follows: 1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space for each 20 car spaces. Projects that provide more motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five motorcycle spaces, up to a 10% reduction, subject to the approval of the Community Development Director. 2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. All bicycle spaces shall be located at the ground floor level. Additional City standards and guidelines for bicycle parking can be found in the City's Engineering Standards, Community Design Guidelines, and Bicycle Transportation Plan. Projects which provide more bicycle and/or motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five bicycle spaces, up to a 10% reduction, subject to the approval of the Community Development Director. All bicycle parking that exceeds the required number of spaces shall be apportioned between short-term and long-term bicycle spaces as stipulated by Table 6.5. Any additional bicycle parking provided for residential uses shall be covered. Additional bicycle parking shall be subject to the shower and locker requirements of Table 6.5. TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS a Zone R-2, R-3, R-4 C-C, C-R, C-N, C-D O, BP C-T C-S, M PF (schools, junior high to college) Number of bicycle Minimum short-term Minimum long - spaces as a percentage (:bicycle spaces term d/e bicycle of required auto spaces b spaces 5% 15% 15% 5% 15% 1 space per 3 students Park & ride lots 10% - - 40% 80% 80% 80% 100% a. All parking shall be provided on site. b. Requirements apply to uses that require 10 or more vehicle parking spaces. When less than space is calculated, one space is required. c. "Short -Term" bicycle parking is used by visitors to multi -family housing and by patrons of commercial and institutional uses. Bicycle racks are used to satisfy this need. d. "Long -Term" bicycle parking is used by employees of commercial and institutional uses and by residents. Fully enclosed lockers are used to satisfy this need. Lockable rooms reserved for bicycle storage and secured parking areas managed by attendants are other acceptable forms. Bicycles shall be parked vertically or horizontally with at least the rear tire resting at floor level. e. In addition to short- and long-term parking required for commercial uses, residential uses in all zones, including the Downtown Commercial (C-D) zone, shall provide bicycle lockers or interior space within each dwelling or accessory structure (e.g. garages) for the storage of at least two bicycles per unit regardless of the number of automobile parking spaces provided. f. All developments will accommodate at least one shower and five_ lockers for every five required long-term bicycle spaces. J. Elderly housing parking. Housing occupied exclusively by persons aged 62 or older may provide one-half space per dwelling unit or one space per four occupants of a group quarters. K. Low-income housing parking. Housing occupied exclusively by very low or low-income households, as defined by the State, may provide one car and one bicycle space per dwelling unit. Chapter 17.90: Affordable Housing Incentives Sections: 17.90.010 Purpose. 17.90.020 Definitions. 17.90.030 Application process for incentives 17.90.03040 Standard incentives for housing projects. 17.90.04050 Standard incentives for conversion of apartments to condominium projects. 17.90.05060 Alternative or additional incentives. 17.90.06070 Relationship to other city procedures. 17.90.07-0-80 Agreements for affordable housing. 17.90.090-90 Fees. 17.90.090100 Affordability standards. 17.90.400110 Occupant screening. 17.90.010 Purpose. The purpose and intent of this chapter is to encourage housing projects which incorporate units affordable to very -low, lower, and moderate income households, and qualifying seniors or the donation of land for housing within the city, and which conform to city development policies and standards, by providing density bonuses, or other equivalent incentives, as required by California Government Code Section 65915, et seq. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) This chapter is a summary of California Government Code Section 6591.5-65918. Where there is a_conflict between the State density bonus law and the zoning regulations, the State density bonus law shall prevail. 17.90.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth below: A. "Affordable" shall mean residential rent costs or sales prices which conform to the standards issued by the director and updated periodically to reflect state and/or federal housing cost indices. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) B. "Common interest development" means anV of the following: a community apartment promect, a condominium prohect, a planned development, a stock cooperative set forth in Civil Code Section 1351. C. "Density" means residential density as defined in Section 17.16.010 of this code D. "Density bonus" means_a density increase over the maximum density otherwise allowable under the Zoning Regulations and Land Use Element of the General Plan. E. "Director" means the community development director or his or her authorized representative. F. "Housing development" means a development project for five (5) or more residential units also includes a subdivision or common interest development. G. "Lower income households" shall have the _meaning set forth in California Health and Safety Code Section 50079.5; provided the income of such persons and families whose incomes exceed fifty 50 Percent but are less than or equal to eighty (80) percent of the median income within the county. H. "Maximum allowable residential densit " means the maximum density allowed under the Zoning Regulations and Land Use Element of the General Plan. "Moderate income households" shall have the meaning set for in California Health and Safety Code Section 50093' provided the income of such persons and families whose incomes exceed eighty 80 percent but are less than orequal to one hundred twenty 120percent of the median income within the county. J. "Senior citizen housing development" means a residential development developed substantially rehabilitated, or substantially renovated for senior ci tizens (55 years or older) that has at least thirty- five (35) dwelling units. K. "Very -low income households" shall have the meaning set forth in California Health and SafetVCode Section 50105 rovided the income of such persons and families whose incomes exceed thirty 30 percent but are less than orequal to fifty 50percent of the median income within the county. 17.90.030 APPIication-process for incentive A. The developer may submit a preliminary proposal for the development of affordable housing prior to amendments, ..._..... the submittal of any formal requests for general plan zoning amendments or subdivision map approvals. The city council shall, within ninety days of receiving a written preliminary Proposal, notifV the housing developer in writing of the procedures under which the city will com I with this chapter. B. Any request for a density bonus or other incentives shall be in writing, and shall include the following information as well as any additional information required by the director: 1. The name of the developer; 2. The location of the proposed project: 3. The density allowed under the zoning regulations, as well „as_the proposed density' 4. The number and type (bedroom count) of dwellings and identification of those dwellings which are to be affordable to each household income cate or - 5. Whether the dwellings will be offered for sale or for rent; 6. The ro osed sales price, financing terms rental rates or other factors which will make the dwellings affordable to very -low, lower and moderate income households. Ord. 1282 2 1995; Ord. 1035 � 1 (part). 1985) 17.90.03040 Standard incentives for housing projects. This section shall apply only to housing projects consisting of five (5) or more dwelling units. Per state law, proiects that provide affordable housing are allowed up to_a 35% density bonus based on the tables outlined below for the respective affordability levels. In addition, the City Council may approve a density bonus in excess of 35% at the request of the developer as well as other concessions and incentives outlined in sections 17.90.060. B. All density calculations resulting in fractional units shall be rounded up to the next whole number. C. Ten Percent Low Income Dedication. When a developer agrees to construct At least b.yenty ten 10 percent of the total units of a housing development regulatieras for persons or families of lower Aw moderate income, the director shall grant the developer, upon the developer's request, a density bonus equivalent to an innrease in deneif„ of at IR-A-St tINE)RtyfiV9 percent ever the density otherwise allowed by the zening regulations, and the developer shall be eligible te FeGe4e--A_t le-ast one of the development inGentives descri-hed i.n. Ser_,tioi4 '� 0�0- the density bonus shall be calculated as follows: Percentage Low -Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 D. Five Percent Very -Low Income Dedication. When a developer agrees to construct at least tee five (5) percent of the total units of a housing development ethP_.p,,,;oP_ under f�iey ro`.,, for very -low income households, the director shall grant the developer, upon the developer's request, a density bonus equivalent to on inerease in density of at I,,., f f,.,,,r,f„ fiVe , the density bonus shall be calculated as follows: Percentage Very Low- Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 E. Twenty Percent Senior Citizen Housing Development Dedication. When a developer agrees to construct a senior citizen housing development, resi�� or mobile home park that limits residency based on age requirements for housing for older persons, the director shall grant the developer, upon the developer's request, a density bonus perGant over the density otherwise ;;lIAvg9_(_-7J -by the Z:GnIR9 FegUlatiORSi apd_ the develepeF shall be the density bonus shall be twenty (20) percent of the number of senior housing units. F. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer agrees to construct ten (10) percent of the total dwelling units in a common interest development for persons or families of moderate income, provided that all units in the development are offered to the public for purchase, the director shall grant the developer, upon the developer's request, a density bonus the density bonus shall be calculated as follows: mm Percentage Moderate- Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 G. Land Donation Dedication. If a developer for a tentative subdivision map. parcel map. or other residential development approval donates land to the city in accordance with this chapter, the applicant shall be entitled to a fifteen 15 percentn increase above the otherwise maximum allowable residential density for the entire development, the director shall grant the applicant, upon the applicant's request, a density bonus, the density bonus shall be calculated as follows: Percentage Very Low- Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 - w • • • o ■ R • • • An applicant may _elect _to accept a lesser percentage of density „bonus. H AND I ARE MOVED TO 17.90.030 APPLICATION PROCESS FOR INCENTIVE the of any formal requests for general plan amendrneRtS, ZeRing ame.P.d_l.P.;Q_.A.t_g_ Aw .. .... revals. The City GOURGOI shall, within ninaty days of reGeiving a written PFGIiM'RaFy w9th 4h ie n, . , 17.90.04050 Standard incentives for conversion of apartments to condominium projects. A. For the purposes of this section, "other incentives of equivalent financial value" shall not be construed to require the citV to provide cash transfer paVments or other monetarV compensations but may� include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. ^ B. For purposes of this section, "density bonus" means an increase in units of twenty-five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. C. When an applicant for approval to convert apartments to condominium units agrees to provide at least thirty-three percent of the total units of the proposed condominium project to per, and families of low or moderate income "--- ceh^'ads; ^f'II ^;Ai^� ^ir ^,^d^•^+^ min re- ^^,^ or fifteen percent of the total units of the proposed condominium project to veFy low lower income households, and agrees to pay for the reasonable, necessary administrative costs incurred by the city pursuant to this section, the director shall grant a density bonus or provide other incentives of equivalent financial value as it finds appropriate. affe-rdaRbility of units to the targeted Ps or qualifying seniers. D. Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. E. An applicant shall not be eligible for a density bonus under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Sections 17.90.03040 or 17,90.05960 of this chapter. D. The city shall grant the developer's request for development incentive(s) unless the city council makes written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling units will be set and maintained in conformance with city affordable housing standards. (Ord. 1282 § 2, 1995; Ord_ 1035 § 1 (part), 1985) 17.90.05060 Alternative or additional incentives. w RIPpo- • T ■ 1 K ■ TA F■ I v■ When a developer arees to construct housing for households of ver -low lower or moderate income households or for cluIalif in senior households and desires an incentive other than a densitV bonus as provided in Section 17.90,040 of this chapter, or when an applicant for approval to convert apartments to a condominium_ project agrees to provide housing for households of very low, lower, or moderate income, or for qualifying senior _households, the developer shall receive the following number of incentives or concessions: 1. One incentive or concession for housing developments that include at least ten 10percent of the total units for lower income households or at least ten 10percent for persons and families of moderate income in a common interest development. 2. Two incentives or concessions for housing developments that include at least twenty 20 percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a common interest development. 3. Three incentives or concessions for housing developments that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) for very low income households, or at least thirty (30) percent for persons and families of moderate income in a common interest development. B. If the proposal is submitted by a developer of a housing project, the proposal shall include information set forth in Section 17.90.030 B as well as a description of the requested incentive, an estimate of the incentive's financial value in comparison with the financial value of the density bonus allowed in Section 17.90.03040, as well as the basis for the comparison estimate. Alternative incentive proposals may include but are not limited to one or more of the following: 1. A reduction in site development standards or modification of zoning code requirements or architectural design requirements that exceeds the minimum building standards approved by the California. Building Standards Commission as provided in Part 2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code including, but not limited to a reduction in setback andsquare footage requirements and in the ratio of vehicular parking spaces that would otherwise be re wired that results in identifiable financially sufficient and actual cost reductions. 2. Approval of mixed use zoning in con "unction with the housing ro'ect if commercial office industrial, or other land use will reduce the cost of the housing development and if the commercial, _office, industrial, or other land uses are compatible with the housing proiect and the existing or planned development in the area where the proposed housing ro'ect will be located. 3. Density bonus in excess of that provided in Section 17.90.03940; 4. Waiver of application and processing fees; 5. Waiver of utility connection or park land in -lieu fees or park land dedication requirement; 6. City funded installation of off -site improvements which may be required for the project, such as streets or utility lines; 7. Write -down of land costs; 8. Direct subsidy of construction costs or construction financing costs; 9. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financiallV sufficient, and actual cost reductions shall also include provisions for assuring continued availability of designated_ units at affordable rents or sales prices for a period of not less than thirty (30) years, or as otherwise required by state _ law. ,. _ • C. If the proposal is submitted by an applicant for approval to convert apartments to a condominium project, the proposal shall include those relevant items set forth in Section 17.90.03040 (G), plus the requested incentive, an estimate if the incentive's financial value in comparison with the financial value of the density bonus as set forth in Section 17.90.04050, and the basis for the comparison estimate. Nothing in this section shall be construed to require the city to provide cash transfer payments or other monetary compensation. The city may reduce or waive requirements which the city might otherwise apply as conditions of conversion approval. D. Nothing in this section shall be construed to require the council to approve any alternate incentive. The developer or applicant has the standard incentive of a density bonus under Sections 17.90.030 40 and 17.90.04050 if the council fails to approve an alternative incentive. E. The council action on any alternative incentive proposal shall be by resolution. Any such resolution shall include findings relating to the information required in subpart B or D of this section. F. The council shall respond to a proposal within ninety days after submittal of a complete proposal. The city clerk shall notify the developer or the applicant of the council's response. Should the council fail to approve a proposal for alternative incentives within ninety days after submittal of a complete proposal, the proposal shall be deemed denied, and the city clerk shall so advise the developer or applicant in writing. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.06070 Relationship to other city procedures. A. Projects incorporating affordable housing and receiving density bonuses, incentives, or alternative incentives as provided in this chapter shall receive high priority processing, to the extent allowed by law. Operation of Sections 17.90.03040 or 17.90.04050, or approval of alternative incentives as provided in Section 17.90.0, 060 shall not be construed as a waiver of standard development review procedures or an exemption of the project from city development standards other than those explicitly listed in the approving resolution. Should a project fail to receive any required city approval, the density bonus or alternative incentive granted under this chapter shall be null and void. B. Applications of Sections 17.90.03040 and 17.90.04050 to projects shall be ministerial acts for purposes of environmental review. Environmental documents need not be filed solely for recordation of agreements concerning the density bonus and provision of affordable housing. Normal environmental review procedures shall apply to the project applications. C. If the council approves an alternative incentive as provided in Section 17.90.0a060, such approval shall be subject to and conditioned upon an environmental determination being made for the project in the usual manner. The community development department shall outline for the council any probable, significant environmental effects which would result from the proposed incentive. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.07-080 Agreements for affordable housing. Prior to the issuance of construction permits for any project incorporating a density bonus or other incentive as provided in this chapter, the city and the project owner(s) shall enter into an agreement in a form acceptable to the city attorney, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of the specified number of dwelling units to very -low, lower, and moderate income households and/or qualifying seniors. The agreement shall also set forth those items required by Section 17.90.03040 (G) of this chapter or any alternative incentives granted pursuant to Section 17.90.0-5060 of this chapter. The agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property owner, and shall ensure affordability for a period of not less than thirty years, or as otherwise required by state law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.08090 Fees. A. No fee in addition to normal project application fees shall be charged for a request for a density bonus pursuant to the provisions of Sections 17.90.03940 or 17.90.04050, except for reasonable, necessary administrative costs incurred by the city pursuant to Section 17.90.04050. B. A fee not to exceed the amount charge for "pre -application concept review" may be charged for proposals submitted pursuant to the provisions of Section 117.90.0,5060. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.090100 Affordability standards. A. The community development department shall publish and revise as needed a schedule of rental rates and sales prices for dwellings which will be affordable to households with incomes as provided in this chapter. The schedule shall substantially conform with the affordability standards as established by state or federal law. B. The maximum rental rates and sales prices as revised, generally on an annual basis, shall remain in effect for projects receiving density bonuses or additional incentives under this chapter as provided in the affordable housing agreement, but in no case less than the minimum term required by state law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.E-00110 Occupant screening. A. The affordable dwellings developed pursuant to this chapter shall be available to qualified occupants without regard to race, religion, national origin, sex, occupation or other affiliation. Occupants may be screened on the basis of age only to qualify those occupants seeking housing designed for the elderly. B. The city housing authority or other third party acceptable to the Community Development Director shall screen prospective occupants so that dwellings developed pursuant to this chapter shall be occupied by households with the appropriate qualifying incomes or ages. Owners of projects shall enter into agreements with the housing authority for such screening services. C. Preference in occupant screening shall be given to those employed within or residing within the city or the immediately surrounding area, to the extent that this provision does not conflict with state or federally funded housing assistance programs which may apply to a particular project, or other applicable law. This section is to insure that those households having the greatest difficulty obtaining housing at market rates within the city shall be able to occupy affordable housing made available pursuant to this chapter. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985). Article VI. Exceptions to Sign Standards 15.40.600 Requests for exceptions. Unusual site conditions or other design factors may warrant signs not otherwise permitted by these regulations. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to architectural review commission or Community Development Director review consistent with Section 15.40.480 of these regulations.-A^d'g.hall inrl61de reasE)RG f9F the request. Exceptions require a separate application and fees for ARC review, which must be approved before a sign permit will be issued. (Ord. 1455 § 2 (part), 2004) 15.40.610 Findings for approval of an exception. Granting an exception to the sign regulations must be based on at least one of the following findings: A. There are exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as, but not limited to: 1. The presence of a legal, nonconforming use; 2. Visual obstructions; 3. Unusual building location on -site; 4. Unusual building design, architectural style, or historic significance. B. The sign for which an exception is requested is a nonconforming sign that acts as a neighborhood landmark or focal point while not disrupting views of prominent community landscape features. When granting an exception, the ARC or the director shall require that as many nonconforming elements of the sign as possible be eliminated while allowing its basic form and character to remain. C. The exception is consistent with the intent and purpose of the sign regulations (see Section 15.40.110) and will not constitute a grant of special privilege or entitlement inconsistent with limitations applied to other properties in the vicinity with the same zoning. D. The sign exception is for superior design, will not result in visual clutter and is consistent with the intent and purpose of these sign regulations. (Ord. 1455 § 2 (part), 2004) 17.16.020.D What May Occupy Yards 2. Discretionary Exceptions. a. Reduced Street Yards. Upon approval of a use permit, or in conjunction with tandem parking approval, the director may allow street yards to be reduced to zero for unenclosed parking spaces. Street yard reductions are not intended to allow for garage conversions. Street yards may be reduced to 10-feet for structures including carports. Reductions may be approved for garages when the driveway is long enough to accommodate a parked car that doesn't overhang the sidewalk (18.5 feet min.). b. Variable Street Yards in Subdivisions. In new residential subdivisions, the entity approving the subdivision may approve variable street yards, to be noted on the approved map, provided the average of the yards on a block is at least 15 feet and no yard is less than 10 feet. Garages or carports which back directly onto the public right-of-way shall maintain a minimum setback so that a parked car doesn't overhang the sidewalk (18.5 feet). c. Variable Other Yards In Subdivisions. In new residential subdivisions, the entity approving the subdivision map may approve exceptions to the other yard standards, with the exceptions to be noted on the map, provided a separation of at least 10 feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative yard requirements or private easements to ensure the -development will comply with solar _access standards of General Plan Conservation and Open Space Element Policy 4.5.1. d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the Director may allow other yards to be reduced to zero under either of the following circumstances: i. When there exists adequate recorded agreement running with the land to maintain at least 10 feet of separation between buildings on adjacent parcels and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5_1; or 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: (Ord. 1365 (2000 Series)(part)) o in the case of a minor addition, that the minor addition is a logical extension of the existing non -conforming structure; (Ord. 1365 (2000 Series)(part)) o in the case of a detached single -story accessory structure, that the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main structure; (Ord. 1365 (2000 Series)(part)) o that adjacent affected properties will not be deprived of reasonable solar exposure; (Ord. 1365 (2000 Series)(part)) and the development will compIV with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1. o that no useful purpose would be realized by requiring the full yard; o that no significant fire protection, emergency access, privacy or security impacts are likely from the addition; and o that it is impractical to obtain a 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). (Ord. 1365 (2000 Series)(part)) 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: (Ord. 1365 (2000 Series)(part)) i. When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning; ii. When the exception is of a minor nature, involving an insignificant portion of total available solar exposure; iii. When the properties at issue are within 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 or security impacts are likely to result from the exception. (Ord. 1365 (2000 Series)(part)) vii. The development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1. Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60. For height limits of signs, see Chapter 15.40. Sign Regulations. (Ord. 1085 - 1 Ex. A (part), 1987; Ord. 1006 - 1 (part), 1984; Ord. 941 - 1 (part), 1982: prior code - 9202.5(E)) 17.16.020 Yards. C. Yard Standards 3. Yards with City -required landscape plans and storm water facilities shall be landscaped and maintained in accordance with approved plans. 17.16.120 Wireless telecommunication facilities. D. Planning Applications and approvals required. Installation of a new wireless telecommunication or significant modification of an existing installation shall require administrative use permit approval and architectural review. 2. The co -location of a new wireless telecommunication with an existing approved installation, or minor modification of an existing installation shall only require architectural review. 3. The applicant shall submit application materials and fees as required by the Community Development Department. Chapter 17.64: REPEAT APPLICATIONS Sections: 17.64.010 Waiting period of one year required when- Exceptions. 17.64.010 Waiting period of one year required when- Exceptions. A. When any application made pursuant to these regulations has been denied, no new application which is substantially the same shall be filed within one year of the date of the previous denial unless the Planning Commission or Council, for good cause, shall grant permission to do so._sr Tthe Council or Planning Commission shall initiate such application based on whether the prodect was denied by the Commission or Council. If the decision_ to deny an application reviewed by the Planning Commission is finally determined on appeal by the City Council, the Council shall grant permission B. The Director shall determine when an application is substantially the same as a previous application, subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1 (part), 1982: prior code - 9204.9) Chapter 17.70: AMENDMENTS Sections: 17.70.010 Scope. 17.70.020 Initiation. 17.70.030 Planning Commission action. 17.70.040 Council action. 17.70.050 Annexation and prezoning. 17.70.060 Other requirements. 17.70.010 Scope. An amendment to these regulations which changes any property from one zone to another shall be adopted as set forth in Sections 17.70,020 through 17.70.060. Any other amendment to these regulations may be adopted as other ordinances and amendments to the Municipal Code are adopted. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(A)) 17.70.020 Initiation. An amendment to these regulations may be initiated by: A. A resolution of intention of the Planning Commission; B. A resolution of intention of the Council; or C. An application by the Director, or any other person or agency in the form prescribed by the Director. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(B)) 17.70.030 Planning Commission action. A. Before taking any action on a proposed zone change, the Planning Commission shall hold a public hearing. Notice of the time, date, place and purpose of the hearing shall be given in each of the following ways at least 10 calendar days before the hearing: 1. Publication in a newspaper of general circulation within the city; 2. Posting each street frontage of the property to be rezoned, or the nearest street access if the property does not abut a dedicated street; 3. First-class mail to owners of the property to be rezoned and of property within a radius of 300 feet, as listed in the most recent annual revision of the County Assessor's roll. B. Failure to post or notify by mail shall not invalidate any amendments duly adopted. C. If the Planning Commission approves a rezoning or denies a Council -initiated rezoning, its action shall be a written recommendation to the Council, including any findings required for approval. D. If the Planning Commission denies a rezoning which it or a private party has initiated, the action shall be final unless appealed. It shall be rendered in writing and shall state the reasons for denial. (Ord. 941 - 1 (part), 1982: prior code - 9204.7(C)) Chapter 17.80: General Plan Amendment Regulations Sections: 17.80.010 Title. 17.80.020 Amendments to be made in manner provided in this chapter. 17.80.030 Purpose. 17.80.040 Initiation of amendments —Applications. 17.80.050 Schedule for amendments. 17.80.060 Planning commission actions. 17.80.070 City council actions. 17.80.080 Coordination of plan amendments. 17.80.010 Title. This chapter shall be known and may be cited as the "general plan amendment regulations of the city." (Prior code § 9600) 17.80.020 Amendments to be made in manner provided in this chapter. The general plan or any part or element thereof shall be amended in the manner provided in this chapter. (Prior code § 9601) 17.80.030 Purpose. It is the purpose of this chapter to provide for the orderly processing of general plan amendments in a manner consistent with the overall goals of the community's planning program and the requirements of the California law. In particular, this chapter is intended to: A. Assure that the general plan is amended for good reason and with due consideration of community - wide interests; B. Help achieve and maintain internal consistency of general plan elements and conformance between the plan and implementing techniques, such as zoning; and C. Establish rights and assign responsibilities for the persons and agencies involved in general plan administration so each can perform fairly and effectively. (Prior code § 9602) 17.80.040 Initiation of amendments —Applications. A. Initiation of Amendment by Director, Planning Commission, or Council. The Director, Pplanning Csommission or the Csouncil may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.80,050. City Of son Luis OBISPO zonlnq 726CLI LAtions TABLE 9 - USES ALLOWED BY ZONE - Continued remwRy 2012 Land Use Permit Requirement by Zoning District Specific use Regulations AG C/OS R1 I R2 R3 RA I PF q (1) C-N C-C C-D I C-R' C-S Nl BP SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL ATMs A A A A A A j A A A Banks and financial services A A A A D(4) D(4) D Business support services A A I A/D A A A A Medical service - Clinic, laboratory, urgent care D D D A D(11) D(11) Medical service - Doctor office A A/D A D(11) D(11) Medical service - Extended care PC PC D PC PC _A/D D Medical service - Hospital PC PC Convalescent hospital PC PC Office - Accessory A A A A A A A A Office - Business and service A _ A A/D A D (4) D(4) D Office - Government D PG A A ! PC Office - Processing D Y D D D(4) D(4) A Office - Production and administrative A A/D A/D A D(4) D(4) A Office - Professional 4F A A/D A/D A D Office - Temporary See Section 17.08.010.0 Photographer, photographic studio _ A A/D A PC A SERVICES -GENERAL Catering service D D A D A A Cemetery, mausoleum, columbarium PC PC PC PC PC PC PC PC PC PC Copying and Quick Printer Service ArA A A A A A_ A Day care - Day care center (child/adult) D(9) D(9) D(9) D(9) D(9) A A A/D A D(9) D(9) D(9) D 17.08.100 Day care - Family day care home (small/large) A A A A A A A A A A A 17.08-100 Equipment rental A A D Food bank/packaged food distribution center D D Maintenance service, client site services _ A A PC Mortuary, funeral home D D A D Personal services A A A A D A D Personal services - Restricted D D Public safety facilities PC PC Public utility facilities m PC i A A 17.08.080 Repair service - Equipment, large appliances, etc. A A D Residential Support Services A A A A ,..,,,."' as A i:^, ";aa{ .g.mN �.� .- x?^' .: �+ y� w t �' iv � 3 V ,n_Q °0 Bry Vehicle services - Repair and maintenance - Major A A D Vehicle services - Repair and maintenance - Minor PC D A A D Vehicle services - Carwash D D PC D D Veterinary clinic/hospital, boarding, large animal PC PC D D Veterinary cliniclhospital, boarding, small animal, indoor D D A A/D A A Veterinary c inic/hospital, boarding, small animal, outdoor I I I I I I I D Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required AID = Director's approval on ground floor, allowed on second floor or above Attachment 2 RESOLUTION NO. XXXX-13 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENTS TO TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE (GPA 65-12) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 24, 2013, for the purpose of considering amendments to Title 17 (Zoning Regulations) of the Municipal Code; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The proposed amendments will not significantly alter the character of the City or cause significant health, safety or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies. 2. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves amendments to Zoning Regulations which do not include any modifications to development standards which could have a significant effect on the environment. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant effect on the environment. Section 2. Recommendation. The Planning Commission does hereby recommend the City Council adopt proposed amendments to Title 17 (Zoning Regulations) of the Municipal Code as modified, included as Attachment 1. On motion by Commissioner , seconded by Commissioner , and on the following roll call vote: Planning Commission Resolution # XXXX-13 GPA 65-12, 2013 Zoning Regulations Amendments Page 2 AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 24th day of April, 2013. Doug Davidson, Secretary Planning Commission by: DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES April 10, 2013 CALL TO ORDER/PLEDGE OF ALLEGIANCE OATH OF OFFICE: City Clerk Maeve Grimes administered the oath of office to re -appointed Commissioners Michael Draze and John Larson ROLL CALL: Commissioners John Larson, Michael Multari, Charles Stevenson, Vice -Chairperson Eric Meyer and Chairperson Michael Draze Absent: Commissioners John Fowler and Airlin Singewald Staff: Deputy Directors of Community Development Doug Davidson and Kim Murry and Recording Secretary Dawn Rudder ELECTION: On a motion by Commissioner Multari/Meyer to re-elect Michael Draze as the Chairperson, the Commission voted 5:0 (Fowler and Singewald absent). On a motion by Commissioner Draze/Stevenson to re-elect Eric Meyer as Vice - Chairperson, the Commission voted 5:0 (Fowler and Singewald absent). ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of March 27, 2013, were approved as presented. PUBLIC COMMENTS ON NON -AGENDA ITEMS: There were no comments made from the public. p Planning (Mike Multari) PRESENTATION: Municipal Finance andPlannin Commr. Multari gave a presentation on the costs to provide services to support different land uses and the types and sources of municipal revenue. Commissioners voiced appreciation to Commissioner Multari for the presentation. PUBLIC HEARINGS: There were no public hearing items on the agenda. Draft Planning Commission Minutes April 10, 2013 Page 2 COMMENT AND DISCUSSION: 1. Staff a. Agenda Forecast -- Doug Davidson presented the agenda forecast for upcoming meetings. b. Planning Commission Bylaws Review — On a motion by Multari/Meyer, the Planning Commission voted 5:0 to approve the existing bylaws without changes. 2. Commission ADJOURMENT: The meeting was adjourned at 7:25 p.m. Respectfully submitted by, Dawn Rudder Recording Secretary