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HomeMy WebLinkAbout07-02-2013 ph1 review amendments of muni code title 17 zoning regs FROM: Derek Johnson: Community Development Director Prepared By: Brian Leveille, Associate Planner SUBJECT: REVIEW OF AMENDMENTS TO MUNICIPAL CODE TITLE 17: ZONING REGULATIONS RECOMMENDATION As recommended by the Planning Commission, introduce by title only an ordinance to adopt the proposed amendments to Title 17 (Zoning Regulations) of the Municipal Code. DISCUSSION Background The Community Development Department has prepared a draft update to the City’s Zoning Regulations to provide greater clarity or to respond to issues of community concern. Periodic review of the City’s Zoning Regulations 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, several more significant amendments are recommended, including 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. Previous Review The Planning Commission evaluated staff recommended amendments on April 24, 2013. The amendments included in the legislative draft and draft ordinance recommended for adoption have been updated and reflect modifications made by the Planning Commission (Attachments 1 & 4). Staff recommended amendments reviewed by the Planning Commission on guest houses and the bedroom definition are discussed below and are not included in the amendments recommended by the Planning Commission for Council adoption. Guest Houses and Bedroom Definition The Planning Commission was not supportive of the staff recommended amendments on guest houses and the bedroom definition (Planning Commission Staff Report, Attachment 2). On guest house regulations, the Commission discussed that the proposed regulations were overly burdensome and that provisions such as the 180-day maximum occupancy for guest houses may not be enforceable. The Commission also discussed current regulations, which are effective for enforcement when illegal conversions of guest houses are observed. The Commission had concerns that proposed amendments to the bedroom definition would have resulted in large numbers of non-conforming structures that were not constructed to meet the proposed new definition (PC meeting minutes, Attachment 3). The Commission also commented that the proposed bedroom definition was too complex and that the existing definition is sufficient for PH1 - 1 Council Agenda Report – GPI 65-12 July 2, 2013 Page 2 project review and enforcement. DISCUSSION Specific sections that contain more substantive revisions are discussed in more detail below in the order they appear in Attachment 1 (Legislative Draft). Other recommended amendments which are not included in the staff report discussion include corrections and minor updates such as sign exceptions, review of wireless facilities, and repeat applications. All of the recommended amendments can be viewed in the legislative draft, Attachment 1. Proposed amendments in Attachment 1 are shown with new language in regulations 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 in bold, italicized and shaded. Main Areas of Discussion 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, eleven 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. Recommended amendments would add flexibility to meet the parking requirement by allowing a tandem parking configuration for the primary dwelling and one parking space within the driveway for the SDU. This parking configuration would only be allowed for properties with approved SDUs. 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 financially and physically feasible. PH1 - 2 Council Agenda Report – GPI 65-12 July 2, 2013 Page 3 Mechanical Parking Lifts (17.16.060.D) 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 corner 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 achieves superior project design and fulfills 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. Additionally, there have been complaints that some residents are holding garage sales almost every weekend and buying items at local flea markets and reselling them out of their homes. Though this has not been a significant issue city wide, the City should have established regulations in place as are common in other jurisdictions. 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 could not include any items offered for sale which are acquired for resale. 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 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 by zone) Staff recommends that the current definition of “Off-site wine tasting room” 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 allowing some tasting rooms essentially to operate as a “wine bar”. 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. PH1 - 3 Council Agenda Report – GPI 65-12 July 2, 2013 Page 4 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 ten long-term bicycle parking spaces is anticipated to be adequate if/when the maximum long-term bicycle parking is utilized. 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. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed amendments are consistent with the General Plan, it has a neutral fiscal impact. The proposed amendments will help advance goals of the General Plan which provide expand the fiscal health of the City. PH1 - 4 Council Agenda Report – GPI 65-12 July 2, 2013 Page 5 ALTERNATIVES 1. The Council could approve the proposed amendments to the Zoning Regulations with additional modifications. 2. The Council could reject all of the proposed modifications. Staff does not recommend this alternative since some amendments (i.e. Density Bonus) are required to bring the City’s Municipal Code into consistency with State law regarding affordable housing. 3. The Council could continue review of the proposed Zoning Regulations amendments, and provide direction to staff for research and revisions. ATTACHMENTS 1. Zoning Regulations Text Amendments (legislative draft) 2. April 24, 2013, Planning Commission Staff Report 3. April 24, 2013, Planning Commission meeting minutes 4. Draft ordinance introducing the text amendments T:\Council Agenda Reports\2013\2013-07-02\Zoning Regs Amendments (Johnson-Leveille) PH1 - 5 Attachment 1 Chapter 17.1 00: 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. "Accessory structures" that include habitable space, as defined by the California Building Code, shall be no larger than 4 50 square feet. (Ord. 941 1 (part), 1982: prior code 9204.11 (part)) Accessory Structures. Accessory structures are located upon the same site as the structure or use to which it is accessory. Accessory structures consist of detached structures or additions to primary structures if the addition's floor plan does not include primary interior access from the main dwelling unit through a hallway or common use room. The use of an accessory structure is incidental, and subordinate to the use of the principle structure. or to the principle land use of the site. "Accessory structures" that include habitable space, as defined by the California Building Code, shall be no larger than 450 square feet.(Ord. 941-1 (part), 1982: prior code-9204.11 (part)) PH1 - 6 Attachment 1 Chapter 17.1 00: Definitions D. Definitions, "D." Den (or family room), se•.ving room, loft or studio). "Den" (or "family room,"} "sewing room," "loft" or "studio") means a room which is open on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. (See also "Loft" definition) (Ord. 941 1 (part), 1982: prior code 9204.11 (part)). L. Definitions, "L." Loft (or Mezzanine). "Loff' 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 17.100.8.) PH1 - 7 Attachment 1 17.21.040 Performance standards. A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., except for density requirements as defined by Zoning Regulations. 1. Secondary dwelling units shall conform to all applicable building and construction codes. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any other use. 3. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary dwelling units should sfl.a.U also be architecturally and functionally compatible with the primary residence tlfl.i.t. (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. Parking for secondary dwelling units may be provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car garages, parking for the primary dwelling may be provided in tandem to allow one parking space in the driveway for the secondary dwelling unit. Agreement to maintain garage parking for the tandem parking arrangement shall be reflected on building plans and a covenant agreement shall be recorded noting the requirement to comply with this condition and granting the City the right to inspect the premises for compliance. Secondary dwelling units located on sites where the primary dwelling unit has a single car width driveway and garage may be provided consistent with 17.17.055.0. (Single Car Garages and Single Car Parking). 11. Alterations to designated historic properties or structures to allow new construction of a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. PH1 - 8 Attachment 1 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 proposed secondary dwelling unit construction requests shall be by formal application for a secondary dwelling unit. A Determination of Code Consistency shall be approved prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. 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 O'tmers 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). PH1 - 9 Attachment 1 17.16.060 Parking space requirements. A. Intent. This section is intended to ensure provrsron 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 Parking Lifts. In commercial zones and multi-family developments, by approving an administrative use permit, mechanical parking lifts may be used to satisfy all or a portion of vehicle parking requirements. Additional surface parking up to 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 determine parking can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made: 1. The use of mechanical lift parking results in superior design and implementation of City goals and policies for infill development. 2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking shall comply with Community Design Guidelines and be compatible and appropriately considered with overall building and site design. 3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements, and Parking and Driveway Standards with the exception of minimum parking stall sizes which are established by lift specifications. 4. There exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance. 5. There are no circumstances of the site or development, or particular model or type of mechanical lift system which could result in significant impacts to those living or working on the site or in the vicinity. EO. 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 PH1 - 10 Attachment 1 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. 17.08.11 0 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. PH1 - 11 Attachment 1 17.08.020 Outdoor sales. C. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of three times within a twelve month period subject to the following requirements: .L Each garage or yard sale may not exceed three consecutive days. 2. Each unit within Multi-family or condominium projects and common interest subdivisions may have up to three garage/sales in approved common areas with the permission of the Home Owner's Association for sales within common areas, property owner, or approved property manager . .1_ Items shall consist of normally accumulated household items (clothing, furniture, etc.) Items offered for sale may not include items acquired for resale. 4. One on-site sign not to exceed 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 . ~ Garage/yard sales are not permitted on vacant lots. PH1 - 12 Attachment 1 Chapter 17.1 00: 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 City approval. 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 accessorv residential uses). PH1 - 13 Attachment 1 fEBRUaJ~Y 2012 TABLE 9 -USES ALLOWED BY ZONE Land Us.e AGRICULTURE INDUSTRY, MANUFACTURING & PROCESSING WHOLESALING , Bakery, wholesale Furniture and fixtures manufacturing, cabinet shop Industrial research and development Laboratory-Medical, analytical, research, testing PC Laundry, dry cleaning plant Manufacturing -Heavy Manufacturing -Light Petroleum product storage and distribution Photo and film processing lab Printing and publishing Recycling facilities -Collection and processing facility Recycling facilities -Scrap and dismantling yard Recycling facilities -Small collection facility D Storage -Personal storage facility Storage yard Warehousing, indoor storage Wholesaling and distribution LODGING Bed and breakfast inn D PC PC A Homeless shelter PC PC A PC PC PC PC Hostel PC PC A Hotel, motel A Recreational vehicle (RV) park accessory to hotel, motel Vacation Rental A D A PC A A City 0~ san LUIS OBISpO zonrnq RECJUL\tJons A A PC D A PC D D A A A A A PC PC D A A D A A A A A D D D A A A D A A A PC A A PC A PC PC PC 17.08.110 A A PC PC 17.22.G 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 Note: Footnotes affecting specific land uses follow the table. PH1 - 14 Attachment 1 Chapter 17.100: Definitions 0. Definitions, "0." Off site wine tasting room. "Off site vvine tasting room" means a satellite 'Nino tasting room associated 'l.'ith a licensed winery serving only those wines it produces in 1 ounce tastes. Only one satellite wine tasting room is permitted per licensed winery. VVine tasting establishments serving wines from multiple wineries are separately defined as a Bar!Tavorn. W. Definitions, "W." Wine tasting room -off site. A satellite wine tasting room associated with a licensed winery 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. PH1 - 15 Attachment 1 City 0~ san lUIS OBISpO zonmq Requlatlons RESIDENTIAL USES Boarding/rooming house, dormitory Caretaker quarters Convents and monasteries Fraternity, sorority High occupancy residential use Home occupation Live/work units Mixed-use project Mobile home as temporary residence at building site Mobile home park Multi-family dwellings Residential care facilities -6 or fewer residents Residential care facilities -7 or more residents Residential hospice facility Rest home Single-family dwellings Secondary dwelling units Work/live units TABLE 9-USES ALLOWED BY ZONE-Continued PC D D D A A A A A A A A A A A A A PC A A D PC PC D D H H H H H H H H H H H H A A A A A A A A A A A A A A A A A A A A A A A A A D D A A A A A A AID AID AID D A A A A A D AID AID D PC PC D PC PC D A A A A A D AID AID D A A A(2) A A A A D D A A A A A 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 H = Home Occupation Permit required Note: Footnotes affecting specific land uses follow the table. paqe 83 ~€BRU.lRY 2012 Chapter 17.20 A A D H H 17.08.090 A A 17.08.120 PC PC 17.08.072 Chapter 17.21 D D 17.08.120 PH1 - 16 Attachment 1 TABLE 9-USES ALLOWED BY ZONE-Continued A A A A A A City 0~ san lUIS OBISpO zonmq Q€CJUlatlons 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 Note: Footnotes affecting specific land uses follow the table. PH1 - 17 Attachment 1 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 1 0% 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 1 0% 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. PH1 - 18 Attachment 1 TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS a Zone Number of bicycle spaces Minimum short-term c Minimum long- as a percentage of required bicycle spaces term d/e bicycle auto spaces b spaces R-2, R-3, R-4 5% 100% C-C, C-R, C-N, 15% 50% 40% C-D O,BP 15% 10% 80% C-T 5% 10% 80% C-S, M 15% 10% 80% PF (schools, junior 1 space high to college) per 3 students Park & ride lots 10% 100% a All parking shall be provided on site. b Requirements apply to uses that require 1 0 or more vehicle parking spaces. When less than Y2 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. All developments will accommodate at least one shower and five lockers for every ten long term bicycle parking spaces provided. PH1 - 19 Attachment 1 Chapter 17.90: Affordable Housing Incentives Sections: 17.90.010 17.90.020 17.90.030 17.90.03Q40 17.90.04050 17.90.0&060 17.90.0&070 17.90.070-80 17.90.080-90 17.90.090100 Purpose. Definitions. Application process for incentives Standard incentives for housing projects. Standard incentives for conversion of apartments to condominium projects. Alternative or additional incentives. Relationship to other city procedures. Agreements for affordable housing. Fees. Affordability standards. 17.90.-100110 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 affordable housing within the city, and which conform to city development policies and standards, by providing density bonuses, or other equivalent incentives, as required by California Government Code Section 65915, et seq. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) This chapter is a summary of California Government Code Section 65915-65918. 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 developmenf' means any of the following: a community apartment project. a condominium project. a planned development. a stock cooperative set forth in Civil Code Section 1351. C. "Density" means residential density as defined in Section 17.16.010 of this code. As an example. a two-bedroom dwelling = 1.00 density units. D. "Density bonus" means a density increase over the maximum density otherwise allowable under the Zoning Regulations and Land Use Element of the General Plan. E. "Director" means the community development director or his or her authorized representative. F. "Housing development" means a development project for five (5) or more residential units. also includes a subdivision or common interest development. PH1 - 20 Attachment 1 G. "Lower income households" shall have the meaning set forth in California Health and Safety Code, Section 50079.5: provided the income of such persons and families whose incomes exceed fifty (50) percent but are less than or equal to eighty (80) percent of the median income within the county. H. "Maximum allowable residential density'' means the maximum density allowed under the Zoning Regulations and Land Use Element of the General Plan. I. "Moderate income households" shall have the meaning set for in California Health and Safety Code Section 50093: provided the income of such persons and families whose incomes exceed eighty (80) percent but are less than or equal to one hundred twenty (120) percent of the median income within the county. J. "Senior citizen housing development" means a residential development developed. substantially rehabilitated. or substantially renovated for senior citizens (55 years or older) that has at least thirty- five (35) dwelling units. K. "Very-low income households" shall have the meaning set forth in California Health and Safety Code. Section 50105: provided the income of such persons and families whose incomes exceed thirty (30) percent but are less than or equal to fifty (50) percent of the median income within the county. 17.90.030 Application process for incentive A. The developer may submit a preliminary proposal for the development of affordable housing prior to the submittal of any formal requests for general plan amendments, zoning amendments or subdivision map approvals. The city council shall, within ninety days of receiving a written preliminary proposal, notify the housing developer in writing of the procedures under which the city will comply with this chapter. B. Any request for a density bonus or other incentives shall be in writing, and shall include the following information, as well as any additional information required by the director: 1. The name of the developer; 2. The location of the proposed project; 3. The density allowed under the zoning regulations, as well as the proposed density; 4. The number and type (bedroom count) of dwellings and identification of those dwellings which are to be affordable to each household income category; 5. Whether the dwellings will be offered for sale or for rent; 6. The proposed sales price, financing terms, rental rates or other factors which will make the dwellings affordable to very-low, lower and moderate income households. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.03040 Standard incentives for housing projects. A. This section shall apply only to housing projects consisting of five (5) or more dwelling units. Per state law. projects that provide affordable housing are allowed up to a 35% density bonus based on the tables outlined below for the respective affordability levels. In addition. the City Council may approve a density bonus in excess of 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. PH1 - 21 Attachment 1 C. For the purpose of this section. ''total units" or "total dwelling units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. D. Ten Percent Low Income Dedication. When a developer agrees to construct at least tweRty ten !.lQLpercent of the total units of a housing development otherwise allowable biRder the zoRiRg regbllatioRs for persons or families of lower or FROderate income, the director shall grant the developer, upon the developer's request, a density bonus eqblivaleRt to aR iRcrease iR deRsity of at least t'.\'ORty five perceRt over the deRsity otherwise allowed by the zoRiRg regbllatioRs; aRd the developer shall be eligible to receive at least oRe of the developFReRt iRCORtives described iR SectioR 17.90.060. , the density bonus shall be calculated as follows: Percentage Low-Income Percentage Density Units 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 E. Five Percent Very-Low Income Dedication. When a developer agrees to construct at least toR five .{§} percent of the total units of a housing development othen.vise allowable biRder the zoRiRg regbllatioRs for very-low income households, the director shall grant the developer, upon the developer's request, a density bonus eqblivaleRt to aR iRcrease iR deRsity of at least tweRty five perceRt over the deRsity otherwise allowed by the zoRiRg regbllatioRs; aRd the developer shall be eligible for at least oRe of the developFReRt iRceRtives described iR SectioR 17.90.060 .. the density bonus shall be calculated as follows: Percentage Very Low-Percentage Density Income Units Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 F. Twentv Percent Senior Citizen Housing Development Dedication. When a developer agrees to construct a at least fifty perceRt of the total dwelliRg biRits iR a resideRtial project for qblalifyiRg senior citizen housing development. resideRts, 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 eqblivaleRt to aR iRcrease iR deRsity of at least tweRty five perceRt over the deRsity othePJJise allowed by the zoRiRg regbllatioRs; aRd the de,teloper shall be eligible to receive at least oRe of the iRceRtives described iR SestioR 17.90.060. . the density bonus shall be twenty (20) percent of the number of senior housing units. PH1 - 22 Attachment 1 G. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer agrees to construct ten (1 0) percent of the total dwelling units in a common interest development for persons or families of moderate income. provided that all units in the development are offered to the public for purchase. the director shall grant the developer. upon the developer's request. a density bonus. the density bonus shall be calculated as follows: Percentage Moderate-Percentage Density Income Units 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 H. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map. or other residential development approval donates land to the city for affordable housing in accordance with this chapter and the provisions set forth in California Government Code Section 65915-65918. the applicant shall be entitled to a fifteen (15) percent increase above 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 densitv bonus shall be calculated as follows: Percentage Very Low-Percentage Density Income Units Bonus 10 15 11 16 12 17 13 18 14 19 PH1 - 23 Attachment 1 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 I. If a Eleveloper agrees to sonstrblct hoblsing for two or rnore of the sategories listeEI in Section 17.90.030.(8), (C), anEI (D) abo'+'e, the Eleveloper shall be entitleEI to a Elensity bonbls of at least P.venty five persent anEI shall be eligible to reseive at least one of the Eleveloprnent insentives ElessribeEI in Section 17.90.050. The sity rnay, blpon the Eleveloper's reqblest, negotiate aEIEiitional insentives in eKshange for the insreaseEI provision for afforEiable hoblsing. J. An applicant may elect to accept a lesser percentage of density bonus. K. Parking Requirements. Upon the request of the developer. parking ratios of a development meeting the criteria of this section. inclusive of handicapped and guest parking. shall be as follows: 1. Studio to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four or more bedrooms: two and one-half parking spaces. a. If the total number of parking spaces required for a development is other than a whole number. the number shall be rounded up to the next whole number. b. For purposes of this section. a development may provide onsite parking through tandem or uncovered parking. but not through onstreet parking. c. An applicant may request additional parking incentives or concessions beyond those provided in this section. subject to section 17.90.060. 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 city to provide cash transfer payments or other monetary compensations but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. PH1 - 24 Attachment 1 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 persons and families of low or moderate income hol;lseholds of lmver or FRoderate incoFRe, or fifteen percent of the total units of the proposed condominium project to very 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. eq1,1ivalent to an increase in the 1,1nits of twenty five percent over the n1,1FRber of apartFRents, to be provided within the existin§ strl;lctl;lre or strl;ICtl;lres proposed for conversion; provided, the director FRay place Sl;ICh reasonable conditions on the §rantin§ of the density bonl;IS as he or she finds appropriate incll;lding, b1,1t not liFRited to, conditions 'Nhich assl;lre contin1,1ed affordability of 1,1nits to the tar§eted incoFRe §rol;lps or q1,1alifyin§ seniors. 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 17.90.03Q40 or 17.90.0eG60 of this chapter. F. The city shall grant the developer's request for development incentive(s) unless the city council makes written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling units will be set and maintained in conformance with city affordable housing standards. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.0i060 Alternative or additional incentives. A. 'A'hen a developer a§rees to constr1,1ct ho1,1sing for hol;lseholds of very low, lower or FRoderate incoFRe hol;lseholds, or for q1,1alifyin§ senior hol;lseholds, and desires an incentive other than a density bon1,1s as provided in Section 17.90.03040 of this chapter, or when an applicant for approval to convert apartFRents to a condoFRinil;IFFl project a§rees to provide ho1,1sin§ for hol;lseholds of very low, lower, or FRoderate incoFRe, or for q~,~alifying senior hol;lseholds, and desires an incentive other than a density bon1,1s as provided in Section 17.90.040§0, the developer or the applicant shall Sl;lbFRit a proposal for consideration by the col;lncil. . When a developer agrees to construct housing for households of very-low. lower or moderate income households, or for qualifying senior households, and desires an incentive other than a density bonus as provided in Section 17.90.040 of this chapter. or when an applicant for approval to convert apartments to a condominium project agrees to provide housing for households of verv 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 (1 0) percent of the total units for lower income households. at least five (5) percent for very-low income households. or at least ten (10) percent for persons and families of moderate income in a common interest development. PH1 - 25 Attachment 1 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 (1 0) 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 tho proposal is submitted by a developer of a housing project, Alternative incentive tRe 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 17.90.0W40, as well as the basis for the comparison estimate. Alternative incentive proposals shall be considered by the Gity-Gcouncil and 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 and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable. financially sufficient. and actual cost reductions. 2. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land use will reduce the cost of the housing development and if the commercial, office, industrial. or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 3. Density bonus in excess of that provided in Section 17.90.0W40; 4. Waiver of application and development review processing fees; 5. Waiver of utility connection or park land in-lieu fees or park land dedication requirement; 6. City funded installation of off-site improvements which may be required for the project, such as streets or utility lines; 7. Write-down of land costs; 8. Direct subsidy of construction costs or construction financing costs; 9. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable. financially sufficient. and actual cost reductions shall also include 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. D. Approval of exceptions to subdivision or zoning property development standards, but only to tho extent that such exceptions would be authorized by relevant provisions of this code; provided, that any proposal for an incentive which requires a direct financial contribution from tho city shall also include provisions for assuring continued availability of designated units at affordable rents or sales prices for a period of not loss than thirty (30) years, or as otherwise required by state law. PH1 - 26 Attachment 1 C. If the proposal is SbiBrRitte€1 ey an applieant Proposals for approval to convert apartments to a condominium project, the proposal shall include those relevant items set forth in Section 17.90.03()40 (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 17.90.04Q50, and the basis for the comparison estimate. Nothing in this section shall be construed to require the city to provide cash transfer payments or other monetary compensation. The city may reduce or waive requirements which the city might otherwise apply as conditions of conversion approval. D. Nothing in this section shall be construed to require the council to approve any alternative incentive Q[ concession. +he Eleveloper or applieant has the stanEiar€1 ineenti•.'e of a Elensity eonbls bln€1er Seetions 17.90.0:30 1Q_an€1 17.90.040i,Q if the eoblneil fails to appro•1e an alternative ineenti .. (e. The council shall approve the requisite number of incentives or concessions afforded by Section 17.90.060. However. the details surrounding the incentives or concessions shall be at the discretion of the council. E. The council action on any alternative incentive proposal shall be by resolution. Any such resolution shall include findings relating to the information required in subpart B or D of this section. 17.90.06070 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 17.90.03()40 or 17.90.04Q50, or approval of alternative incentives as provided in Section 17.90.0W60 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 17.90.03()40 and 17.90.04Q50 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 17.90.0W60, 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) 17.90.07080 Agreements for affordable housing. Prior to the issuance of construction perm its 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 17.90.03()40 (G) of this chapter or any alternative incentives granted pursuant to Section 17.90.0W60 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. PH1 - 27 Attachment 1 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 17.90.03040 or 17.90.04Q50, except for reasonable, necessary administrative costs incurred by the city pursuant to Section 17.90.04Q50. B. A fee not to exceed the amount charge for "pre-application concept review" may be charged for proposals submitted pursuant to the provisions of Section 17.90.00060. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.0901 00 Affordability standards. A. The community development department shall publish and revise as needed a schedule of rental rates and sales prices for dwellings which will be affordable to households with incomes as provided in this chapter. The schedule shall substantially conform with the affordability standards as established by state or federal law. B. The maximum rental rates and sales prices as revised, generally on an annual basis, shall remain in effect for projects receiving density bonuses or additional incentives under this chapter as provided in the affordable housing agreement, but in no case less than the minimum term required by state law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.-1-00110 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). PH1 - 28 Attachment 1 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.and shall include reasons for tho 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) 15.40.61 0 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 15.40.11 0) 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) PH1 - 29 Attachment 1 17.16.020.0 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 1 0-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 1 0 teet. 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 1 0 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 1 0 feet of separation between buildings on adjacent parcels and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1 ; or ii. 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 comply 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 1 0-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)) PH1 - 30 Attachment 1 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 tor 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)) PH1 - 31 Attachment 1 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. PH1 - 32 Attachment 1 17.16.120 Wireless telecommunication facilities. D. Planning Applications and approvals required. 1. Installation of a new wireless telecommunication or significant modification as determined by the Director, of an existing installation shall require administrative use permit approval and architectural review. 2. The co-location of a new wireless telecommunication with an existing approved installation_,__Q[ 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. PH1 - 33 Attachment 1 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,.:....Gf Ithe Council or Planning Commission shall initiate such application based on whether the project was denied by the Commission or Council. If the decision to deny an application reviewed by the Planning Commission is finally determined on appeal by the City Council, the Council shall grant permission B. The Director shall determine when an application is substantially the same as a previous application, subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1 (part), 1982: prior code -9204.9) PH1 - 34 Attachment 1 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. ?(A)) 17.70.020 Initiation. An amendment to these regulations may be initiated by.;. A. A resolution of intention of tho Planning Commission; B. A resolution of intention of the City Council.;-eF C. An application by any other person or agency in tho form proscribed by tho Director. (Ord. 941 1 (part), 1982: prior code 9204 .?(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 1 0 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 tho 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)) PH1 - 35 Attachment 1 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 Planning Commission or the City Council. The Planning Commission or the City Council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.80.050. PH1 - 36 Attachment 1 City 0~ san lUIS OBISpO zonmq Requlatlons TABLE 9-USES ALLOWED BY ZONE-Continued Land use SERVICES-BUSINESS FINANCIAL & PROFESSIONAL ' ATMs A A A A A Banks and financial services A A A A Business support services A A AID A Medical service -Clinic, laboratory, urgent care D D D A Medical service -Doctor office A AID AID A Medical service -Extended care PC PC D PC PC D Medical service -Hospital PC PC Convalescent hospital PC PC Office -Accessory A A A A A Office -Business and service A A AID A Office -Government D PC A A Office -Processing D D D Office -Production and administrative A AID AID A Office -Professional A AID AID A Office-Temporary See Section 17.08.01 O.C Photographer, photographic studio A AID A A A PC 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 paqe 85 ~€BJ~UaRy 2012 A A A D(4) D(4) D A A A D(11) D(11) D(11) D(11) A A D(4) D(4) D PC D(4) D(4) A D(4) D(4) A D A PH1 - 37 Attachment 2 PH1 - 38 Attachment 2 PH1 - 39 Attachment 2 PH1 - 40 Attachment 2 PH1 - 41 Attachment 2 PH1 - 42 Attachment 2 PH1 - 43 Attachment 3 PH1 - 44 Attachment 3 PH1 - 45 Attachment 3 PH1 - 46 Attachment 3 PH1 - 47 Attachment 4 ORDINANCE NO. #### (2013 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING 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, and recommended approval of amendments to the Municipal Code; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 2, 2013, for the purpose of considering amendments to the Municipal Code (GPA 65-12); and WHEREAS, the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). Municipal Code amendments included in Sections 3-30 of this ordinance are summarized below which conclude that it can be seen with certainty that proposed amendments to the Municipal Code could not have a significant effect on the environment: Sections 3-6. Modifications to Zoning Code definitions including accessory uses, lofts, and dens provide additional clarification in the meaning of existing definitions and added definitions will assist users of the Zoning Regulations, including staff and members of the public in interpreting existing regulations and have no potential to have a significant effect on the environment. Sections 7 & 8. Modifications to secondary dwelling unit regulations to allow parking on driveway areas will not have a significant effect on the environment since they consist of minor modifications in performance standards for secondary dwelling units by allowing required parking on already established driveways which are typically already used for parking purposes. Section 9. Establishment of regulations for vehicle parking in mechanical lift systems will not have a significant effect on the environment since mechanical lift systems and associated development must comply with all existing Zoning Regulations including height, setbacks, and other requirements such as Parking and Driveway PH1 - 48 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 standards. Establishing regulations on mechanical lift systems ensures that the systems will be compatible with the neighborhood and requires use permit approval to review the proposed systems functionality and establishes requirements for their ongoing upkeep and maintenance. There is no possibility that establishment of these regulations would have a significant effect on the environment. Sections 10 & 11. The proposed establishment of regulations which would limit garage and yard sales to a maximum of three per year will not have a significant effect on the environment because regulations will ensure that the sales are consistent with neighborhood character and excessive occurrences of garage and yard sales do not occur. Sections 12-14. Establishment of new definitions for Community Gardens, Crop Production and Greenhouses and Wine-Tasting room definition will not have any significant effect on the environment since they provide additional clarification on the interpretation of Zoning definitions and assist the public and staff in determining proper land use classifications based on existing regulations. Section 15-19. Modifications to Table 9, rearranging the classifications of Bar/Tavern and Wine-Tasting room from Recreation, Education, and Public Assembly uses to Retail uses will not have a significant effect on the environment because the changes will assist staff and members of the public in logical reference of these land uses in Table 9 (Uses Allowed by Zone). Section 20 & 21. Amendments to Table 6.5, Bicycle Parking Space requirements adding shower and locker facility requirements will not have a significant effect on the environment since they are an implementation of already adopted policies of the Circulation Element of the General Plan and Bicycle Transportation Plan and establish facilities which support alternative modes of transportation such as walking and biking. Section 22. Updates of Affordable Housing Incentives to be consistent with state law will not have a significant effect on the environment because the updates bring City regulations into compliance with mandated State law requirements and could have no potential to have a significant effect on the environment. Section 23. Amendments to Sign Regulations to correct inconsistencies in sections on exceptions will not have a significant effect on the environment because the modification brings two sections of the regulations into consistency with the intent and purpose of existing Sign Regulations provisions on exceptions. Section 24. Amendments adding provisions for solar shading studies when certain height or setback exceptions are requested will not have a significant effect on the environment since the requirements will ensure that development complies with existing regulations and policies of the General Plan on solar access. Section 25. Amendments adding storm water facilities to zoning requirements as features that must be maintained in accordance with approved plans will not have a PH1 - 49 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 significant effect on the environment because the regulations will be consistent with existing regulations which require associated landscaping to be maintained in accordance with approved plans. Section 26. Amendments to wireless telecommunications facilities review requirements for colocations will not have a significant effect on the environment since they remove a duplicative review process that is unnecessary for minor additions to existing installations and regulations remain in place that require architectural review for minor colocations. Section 27. Amendments to provisions for when denied applications may be resubmitted in less than one year will not have a significant effect on the environment because the changes only clarify which review body may grant the waiver, an action which could not have a significant effect on the environment. Sections 28 & 29. The modification of provisions for initiation of General Plan Amendments and Zoning Amendments will not have a significant effect on the environment since this change is consistent with standard practice that direction to initiate these actions is prompted by the legislative body (Council). Modifying current regulations to remove Director and Planning Commission authority to initiate General Plan and Zoning Amendments could not have a significant effect on the environment. Section 30. Modification to Table 9, Uses Allowed by Zone, which allow Social Service uses in additional zones including the C-N, C-S, and M zones will not have a significant effect on the environment because no changes to underlying Zoning Regulations including parking requirements, setbacks, coverage, floor area ratio, etc. are proposed. The amendment has no effect on the physical environment and therefore could not have a significant effect on the environment. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed amendments will not significantly alter the character of the City or cause significant health, safety or welfare concerns, since the amendments are consistent with the General Plan and directly implement City goals and policies. 2. Periodic amendments, updates, and corrections of the Municipal Code are consistent with General Plan Policy to maintain regulations which are effective in implementing policies consistent with the General Plan. SECTION 3. Chapter 17.100. “A.” Accessory. of the City of San Luis Obispo’s Municipal Code is amended to read as follows: Accessory. “Accessory” means clearly subordinate or incidental and directly related to a permitted use or structure. "Accessory use" includes active or passive solar heating systems and cogeneration facilities. PH1 - 50 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 SECTION 4. Chapter 17.100. “A.” Accessory Structures. of the City of San Luis Obispo’s Municipal Code is amended to read as follows: Accessory structures are located upon the same site as the structure or use to which it is accessory. Accessory structures consist of detached structures or additions to primary structures if the addition’s floor plan does not include primary interior access from the main dwelling unit through a hallway or common use room. The use of an accessory structure is incidental, and subordinate to the use of the principle structure, or to the principle land use of the site. “Accessory structures” that include habitable space, as defined by the California Building Code, shall be no larger than 450 square feet. SECTION 5. Chapter 100. “D”. Den (or family room). of the City of San Luis Obispo’s Municipal Code is amended to read as follows: "Den" (or "family room,") means a room which is open on at least one side, does not contain a wardrobe, closet or similar facility, and which is not designed for sleeping. (See also “Loft” definition) (Ord. 941 1 (part), 1982: prior code 9204.11 (part)). SECTION 6. Chapter 17.100.”L.” Loft. A new Zoning definition is hereby added to the City of San Luis Obispo’s Municipal Code: Loft (or Mezzanine). “Loft” or “Mezzanine” means a partial or intermediate level of a building interior containing floor area without enclosing interior walls or partitions and not separated or partitioned from the floor level below or access way (stairs and/or landing) leading to the loft from the floor below by a wall or any other partitions. Spaces designated as lofts which do not fully conform to this definition shall be deemed a “bedroom”. (See also 17.100.B.) SECTION 7. Chapter 17.21.040.A. Performance Standards. of the City of San Luis Obispo’s Municipal Code is amended to read as follows: 17.21.040 Performance standards. A. Design Standards. Secondary dwelling units shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., except for density requirements as defined by Zoning Regulations. 1. Secondary dwelling units shall conform to all applicable building and construction codes. 2. Nothing in this section prohibits applicants from requesting exceptions or variances from the strict interpretation of Zoning Regulations to the extent allowed by said regulations for any other use. 3. Secondary dwelling units shall be designed as to provide separate living conditions and provide a safe and convenient environment for the occupants. 4. Secondary dwelling units should also be architecturally and functionally compatible with the primary residence. (Ord. 1004 - 1 (part), 1984; prior code - 9930) 5. The height of second units should be consistent with surrounding residential structures. Unless adequate setbacks justify otherwise, secondary dwelling units that result in two- story construction shall be setback from the first floor to allow for solar access and reduced overlook. 6. Site planning: Secondary dwelling units should be located behind or above the existing dwelling on the site. Designs that significantly alter the street appearance of the existing residence shall be discouraged. The presence or design of the secondary dwelling unit per se, will not justify granting development exceptions. PH1 - 51 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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. Parking for secondary dwelling units may be provided within driveway areas consistent with 17.17.055 (Front yard parking). For two car garages, parking for the primary dwelling may be provided in tandem to allow one parking space in the driveway for the secondary dwelling unit. Agreement to maintain garage parking for the tandem parking arrangement shall be reflected on building plans and a covenant agreement shall be recorded noting the requirement to comply with this condition and granting the City the right to inspect the premises for compliance. Secondary dwelling units located on sites where the primary dwelling unit has a single car width driveway and garage may be provided consistent with 17.17.055.D. (Single Car Garages and Single Car Parking). 11. Alterations to designated historic properties or structures to allow new construction of a secondary dwelling unit shall be reviewed by the Cultural Heritage Committee for consistency with the Secretary of Interior Standards for treatment of a historic property. SECTION 8. Chapter 17.21.050. Procedure Requirements. of the City of San Luis Obispo’s Municipal Code is amended to read as follows: 17.21.050 Procedure requirements Prior to 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. A Determination of Code Consistency shall be approved prior to the submittal of documents requesting construction approval. No additional application fees for architectural review shall be required. 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. PH1 - 52 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 D. Appeal. Appeal procedures for this section shall be as provided by chapter 2.48.080 (Appeals- Architectural Review). SECTION 9. Chapter 17.16.060. Parking Requirements. Of the City of San Luis Obispo’s Municipal Code is hereby amended to add a new Subsection D. Existing subsection D is hereby relettered to E and remaining subsections are relettered accordingly. 17.16.060 Parking space requirements. D. Mechanical Parking Lifts. In commercial zones and multi-family developments, by approving an administrative use permit, mechanical parking lifts may be used to satisfy all or a portion of vehicle parking requirements. Additional surface parking up to 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 s hall include any information deemed necessary by the Director to determine parking can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made: 1. The use of mechanical lift parking results in superior design and implementation of City goals and policies for infill development. 2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking shall comply with Community Design Guidelines and be compatible and appropriately considered with overall building and site design. 3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements, and Parking and Driveway Standards with the exception of minimum parking stall sizes which are established by lift specifications. 4. There exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance. 5. There are no circumstances of the site or development, or particular model or type of mechanical lift system which could result in significant impacts to those living or working on the site or in the vicinity. SECTION 10. Chapter 17.08. Uses Allowed in Several Zones. Section heading 17.08.020. Outdoor Sales. of the City of San Luis Obispo’s Municipal Code is amended to read as follows: 17.08.020 Outdoor sales on commercial and residential lots. SECTION 11. Chapter 17.08.080.C. Garage and Yard Sales. Is hereby added to the City of San Luis Obispo’s Municipal Code: C. Garage and Yard Sales. On residentially developed parcels, garage or yard sales are allowed a maximum of three times within a twelve month period subject to the following requirements: 1. Each garage or yard sale may not exceed three consecutive days. 2. Each unit within Multi-family or condominium projects and common interest subdivisions may have up to three garage/sales in approved common areas with the PH1 - 53 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 permission of the Home Owner’s Association for sales within common areas, property owner, or approved property manager. 3. Items shall consist of normally accumulated household items (clothing, furniture, etc.) Items offered for sale may not include items acquired for resale. 4. One on-site sign not to exceed 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/yard sales are not permitted on vacant lots. SECTION 12. Chapter 17.100.”C.” Community Garden. A new Zoning definition is hereby added to the City of San Luis Obispo’s Municipal Code: Community Garden. “Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents. SECTION 13. Chapter 17.100.”C.” Crop Production. A new Zoning definition is hereby added to the City of San Luis Obispo’s Municipal Code: Crop Production. Commercial agricultural production field and orchard uses, including the production of the following or similar, primarily in the soil on the site and not in containers: Field crops; Flowers and seeds; Fruits; Grains; Melons; Ornamental crops; Tree nuts; Trees and sod; Vegetables; Wine and table grapes. Also includes associated crop preparation services and harvesting activities, such as me chanical 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 City approval. SECTION 14. Chapter 17.100. “G.” Greenhouse/Plant Nursery Commercial. A new Zoning definition is hereby added to the City of San Luis Obispo’s Municipal Code: Greenhouse/Plant Nursery Commercial. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under “Crop production”. Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are accessory residential uses). SECTION 15. Table 9. Uses Allowed By Zone. Agriculture land uses of the City of San Luis Obispo’s Municipal Code is amended to read as follows: PH1 - 54 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 SECTION 16. Chapter 17.100.”O.” Off-site wine tasting room. Is hereby repealed and removed the City of San Luis Obispo’s Municipal Code. SECTION 17. Chapter 17.100.”W.” Wine tasting room- off site. A new Zoning definition is hereby added to the City of San Luis Obispo’s Municipal Code: Wine tasting room – off site. A satellite wine tasting room associated with a licensed winery serving only those wines it produces in 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. SECTION 18. Table 9. Uses Allowed By Zone. Recreation, Education and Public Assembly land uses of the City of San Luis Obispo’s Municipal Code is amended to read as follows: TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning District Specific use Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Club, lodge, private meeting hall DD A DA/DDDD Commercial recreation facility - Indoor PC DDDDD(12)PC D17.08.060 Commercial recreation facility - Outdoor PC PC Educational conferences DD DD 17.08.010.C.6 Fitness/health facility D ADD PC AAD Golf Course PC Library, museum PC DDDD Library, branch facility DDDD Night club DDDDDD Chapter 17.95 Park, playground DDAAAADDA AA Public assembly facility PC DDDD PC Religious facility PC DDDDADDDAD(7)D(7)D(7) PCPC School - College, university campus PC School - Elementary, middle, secondary PCPC DD PC D School - Specialized education/training PC A/DA/DA AA Special event DDDDDDDDD 17.08.010 Sports and active recreation facility PC PCPCPC Sports and entertainment assembly facility PC PC Studio - Art, dance, martial arts, music, etc.D DA/DA/DA PC A Theater PC(8)DDD DChapter 17.95 Theater - Drive-in PCPC School - Boarding school, elementary, middle, secondary School - College, university - Satellite classroom facility Permit Requirement by Zoning District Specific use Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations AGRICULTURE Crop production AA A DD Grazing AA Greenhouse/Plant Nursery, commercial PCPC Community Gardens DDDDD Livestock feed lot PCPC PH1 - 55 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 SECTION 19. Table 9. Uses Allowed By Zone. Retail Sales land uses of the City of San Luis Obispo’s Municipal Code is replaced and amended to read as follows: SECTION 20. 17.19.060.F. Of the City of San Luis Obispo’s Municipal Code is amended to read as follows: 17.16.060.F. 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 TABLE 9 - USES ALLOWED BY ZONE - Continued Permit Requirement by Zoning District Specific use Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations RETAIL SALES Auto and vehicle sales and rental D A PC Auto parts sales, with installation D(5)AA Auto parts sales, without installation ADA AA Bakery, retail AAAAADD Bar/Tavern DDDDDD Building and landscape materials sales, indoor AAA AA DDA AA DD Convenience store DDD AAAAADDD17.08.095 Extended hour retail DDDDDDDD Farm supply and feed store PC AA Fuel dealer (propane, etc)DA Furniture, furnishings, and appliance stores AAA A General retail - 2,000 sf or less A(3)AAAA D(3)DAA DAAD DAA PCPCPC Groceries, liquor, specialty foods A(10)AAA PC Mobile home, RV, and boat sales A PC Office-supporting retail, 2,000 sf or less AAAAA D DDAA D Wine tasting room - off site DDDDDDD Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020 Produce stand DD A AA A Restaurant AAAAADD Outdoor BBQ/Grill, accessory to restaurant DDDDDDD Service station (see also "vehicle services")DD DDA 17.08.030 Vending machine See Section 17.08.050 17.08.050 Warehouse stores - 45,000 sf or less gfa D D D Warehouse stores - more than 45,000 sf gfa PCPCPC Building and landscape materials sales, outoor General retail - More than 60,000 sf, up to 140,000 sf General retail - More than 45,000 sf, up to 60,000 sf Office-supporting retail, More than 2,000, up to 5,000 sf Construction and heavy equipment sales and rental General retail - More than 2,000 sf, up to 15,000 sf General retail - More than 15,000 sf, up to 45,000 sf PH1 - 56 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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. SECTION 21. Table 6.5. Of the City of San Luis Obispo’s Municipal Code is amended to read as follows: TABLE 6.5 BICYCLE PARKING SPACE REQUIREMENTS a Zone Number of bicycle spaces as a percentage of required auto spaces b Minimum short-term c bicycle spaces Minimum long-term d/e bicycle spaces R-2, R-3, R-4 5% 100% -- C-C, C-R, C-N, C- D 15% 50% 40% O, BP 15% 10% 80% C-T 5% 10% 80% C-S, M 15% 10% 80% PF (schools, junior high to college) 1 space per 3 students Park & ride lots 10% - - 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 ½ 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. PH1 - 57 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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 ten long term bicycle parking spaces provided. SECTION 22. Chapter 17.90: Affordable Housing Incentives of the City of San Luis Obispo’s Municipal Code is hereby repealed and replaced to read as follows: 17.90: Affordable Housing Incentives Sections: 17.90.010 Purpose. 17.90.020 Definitions. 17.90.030 Application process for incentives 17.90.040 Standard incentives for housing projects. 17.90.050 Standard incentives for conversion of apartments to condominium projects. 17.90.060 Alternative or additional incentives. 17.90.070 Relationship to other city procedures. 17.90.080 Agreements for affordable housing. 17.90.090 Fees. 17.90.100 Affordability standards. 17.90.110 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 affordable housing within the city, and which conform to city development policies and standards, by providing density bonuses, or other equivalent incentives, as required by California Government Code Section 65915, et seq. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) This chapter is a summary of California Government Code Section 65915-65918. 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 any of the following: a community apartment project, a condominium project, a planned development, a stock cooperative set forth in Civil Code Section 1351. C. "Density" means residential density as defined in Section 17.16.010 of this code. As an example, a two-bedroom dwelling = 1.00 density units. D. "Density bonus" means a density increase over the maximum density otherwise allowable under the PH1 - 58 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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 density” means the maximum density allowed under the Zoning Regulations and Land Use Element of the General Plan. I. "Moderate income households" shall have the meaning set for in California Health and Safety Code Section 50093; provided the income of such persons and families whose incomes exceed eighty (80) percent but are less than or equal to one hundred twenty (120) percent of the median income within the county. J. “Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (55 years or older) that has at least thirty- five (35) dwelling units. K. "Very-low income households" shall have the meaning set forth in California Health and Safety Code, Section 50105; provided the income of such persons and families whose incomes exceed thirty (30) percent but are less than or equal to fifty (50) percent of the median income within the county. 17.90.030 Application process for incentive A. The developer may submit a preliminary proposal for the development of affordable housing prior to the submittal of any formal requests for general plan amendments, zoning amendments o r subdivision map approvals. The city council shall, within ninety days of receiving a written preliminary proposal, notify the housing developer in writing of the procedures under which the city will comply with this chapter. B. Any request for a density bonus or other incentives shall be in writing, and shall include the following information, as well as any additional information required by the director: 1. The name of the developer; 2. The location of the proposed project; 3. The density allowed under the zoning regulations, as well as the proposed density; 4. The number and type (bedroom count) of dwellings and identification of those dwellings which are to be affordable to each household income category; 5. Whether the dwellings will be offered for sale or for rent; 6. The proposed sales price, financing terms, rental rates or other factors which will make the dwellings affordable to very-low, lower and moderate income households. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) PH1 - 59 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 17.90.040 Standard incentives for housing projects. A. This section shall apply only to housing projects consisting of five (5) or more dwelling units. Per state law, projects that provide affordable housing are allowed up to a 35% density bonus based on the tables outlined below for the respective affordability levels. In addition, the City Council may approve a density bonus in excess of 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. For the purpose of this section, “total units” or “total dwelling units” does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. D. Ten Percent Low Income Dedication. When a developer agrees to construct ten (10) percent of the total units of a housing development for persons or families of lower income, the director shall grant the developer, upon the developer’s request, a density bonus, the density bonus shall be calculated as follows: Percentage Low-Income Units Percentage Density Bonus 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 E. Five Percent Very-Low Income Dedication. When a developer agrees to construct at least five (5) percent of the total units of a housing development for very-low income households, the director shall grant the developer, upon the developer’s request, a density bonus, the density bonus shall be calculated as follows: Percentage Very Low- Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 F. Twenty Percent Senior Citizen Housing Development Dedication. When a developer agrees to construct a senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons, the director shall grant the developer, upon the developer’s request, a density bonus, the density bonus shall be twenty (20) percent of the number of senior housing units. G. Ten Percent Common Interest Development for Moderate Income Dedication. If a developer agrees to construct ten (10) percent of the total dwelling units in a common interest development for persons or families of moderate income, provided that all units in the development are offered to the PH1 - 60 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 public for purchase, the director shall grant the developer, upon the developer’s request, a density bonus, the density bonus shall be calculated as follows: Percentage Moderate- Income Units Percentage Density Bonus 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 H. Land Donation Dedication. If a developer for a tentative subdivision map, parcel map, or other residential development approval donates land to the city for affordable housing in accordance with this chapter and the provisions set forth in California Government Code Section 65915-65918, the applicant shall be entitled to a fifteen (15) percent increase above 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 PH1 - 61 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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 I. An applicant may elect to accept a lesser percentage of density bonus. K. Parking Requirements. Upon the request of the developer, parking ratios of a development meeting the criteria of this section, inclusive of handicapped and guest parking, shall be as follows: 1. Studio to one bedroom: one onsite parking space. 2. Two to three bedrooms: two onsite parking spaces. 3. Four or more bedrooms: two and one-half parking spaces. a. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. b. For purposes of this section, a development may provide onsite parking through tandem or uncovered parking, but not through on street parking. c. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to section 17.90.060. 17.90.050 Standard incentives for conversion of apartments to condominium projects. A. For the purposes of this section, “other incentives of equivalent financial value” shall not be construed to require the city to provide cash transfer payments or other monetary compensations but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. B. For purposes of this section, “density bonus” means an increase in units of twenty -five percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. C. 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 persons and families of low or moderate income, or fifteen percent of the total units of the proposed PH1 - 62 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 condominium project to lower income households, and agrees to pay for the reasonable, necessary administrative costs incurred by the city pursuant to this section, the director shall grant a density bonus or provide other incentives of equivalent financial value as it finds appropriate. 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 17.90.040 or 17.90.060 of this chapter. F. The city shall grant the developer’s request for development incentive(s) unless the city council makes written findings of fact that the additional incentive(s) are not required to achieve affordable housing objectives as defined in Section 50062.5 of the Health and Safety Code, or to ensure that sales prices for the targeted dwelling units will be set and maintained in conformance with city affordable housing standards. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.060 Alternative or additional incentives. When a developer agrees to construct housing for households of very-low, lower or moderate income households, or for qualifying senior households, and desires an incentive other than a density bonus as provided in Section 17.90.040 of this chapter, or when an applicant for approval to convert 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 (10) percent of the total units for lower income households, at least five (5) percent for very-low income households, or at least ten (10) percent 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. Alternative incentive proposals shall include information set forth in Section 17.90.030 (B) as well as a description of the requested incentive, an estimate of the incentive’s financial value in comparison with the financial value of the density bonus allowed in Section 17.90.040, as well as the basis for the comparison estimate. Alternative incentive proposals shall be considered by the council and may include but are not limited to one or more of the following: 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 and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. 2. Approval of mixed use zoning in conjunction with the housing project if commercial, office, PH1 - 63 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 industrial, or other land use will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. 3. Density bonus in excess of that provided in Section 17.90.040; 4. Waiver of application and development review processing fees; 5. Waiver of utility connection or park land in-lieu fees or park land dedication requirement; 6. City funded installation of off-site improvements which may be required for the project, such as streets or utility lines; 7. Write-down of land costs; 8. Direct subsidy of construction costs or construction financing costs; 9. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions shall also include provisions for assuring continued availability of designated units at affordable rents or sales prices for a period of not less than thirty (30) years, or as otherwise required by state law. C. Proposals for approval to convert apartments to a condominium project shall include those relevant items set forth in Section 17.90.040 (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 17.90.050, and the basis for the comparison estimate. Nothing in this section shall be construed to require the city to provide cash transfer payments or other monetary compensation. The city may reduce or waive requirements which the city might otherwise apply as conditions of conversion approval. D. Nothing in this section shall be construed to require the council to approve any alternative incentive or concession The council shall approve the requisite number of incentives or concessions afforded by Section 17.90.060. However, the details surrounding the incentives or concessions shall be at the discretion of the council. E. The council action on any alternative incentive proposal shall be by resolution. Any such resolution shall include findings relating to the information required in subpart B or D of this section. 17.90.070 Relationship to other city procedures. A. Projects incorporating affordable housing and receiving density bonuses, incentives, or alternative incentives as provided in this chapter shall receive high priority processing, to the extent allowed by law. Operation of Sections 17.90.040 or 17.90.050, or approval of alternative incentives as provided in Section 17.90.060 shall not be construed as a waiver of standard development review procedures or an exemption of the project from city development standards other than those explicitly listed in the approving resolution. Should a project fail to receive any required city approval, the density bonus or alternative incentive granted under this chapter shall be null and void. B. Applications of Sections 17.90.040 and 17.90.050 to projects shall be ministerial acts for 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 17.90.060, such approval shall PH1 - 64 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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) 17.90.080 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 17.90.040 (G) of this chapter or any alternative incentives granted pursuant to Section 17.90.060 of this chapter. The agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property owner, and shall ensure affordability for a period of not less than thirty years, or as otherwise required by state law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.090 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 17.90.040 or 17.90.050, except for reasonable, necessary administrative costs incurred by the city pursuant to Section 17.90.050. B. A fee not to exceed the amount charge for "pre-application concept review" may be charged for proposals submitted pursuant to the provisions of Section 17.90.060. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985) 17.90.100 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) 17.90.110 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 PH1 - 65 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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). SECTION 23. Sign Regulations section 15.40.600 Requests for exceptions: of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: 15.40.600 Requests for exceptions. Unusual site conditions or other design factors may warrant signs not otherwise permitted by these regulations. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to architectural review commission or Community Development Director review consistent with Section 15.40.480 of these regulations. Exceptions require a separate application and fees for ARC review, which must be approved before a sign permit will be issued. (Ord. 1455 § 2 (part), 2004) SECTION 24. Zoning Regulations section 17.16.020.D.2. Discretionary Exceptions. of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: 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 ii. When the reduction is for either a minor addition to an existing legal structure which is non-conforming with regard to yard requirements or for a detached single-story accessory structure provided that the Director makes the following findings: (Ord. 1365 (2000 Series)(part)) o in the case of a minor addition, that the minor addition is a logical extension of the PH1 - 66 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 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 comply 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)) SECTION 25. Zoning Regulations section 17.16.020.C.3. Yard Standards of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: 17.16.020 Yards. C. Yard Standards PH1 - 67 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 3. Yards with City-required landscape plans and storm water facilities shall be landscaped and maintained in accordance with approved plans. SECTION 26. Zoning Regulations section 17.16.120.D. Planning Applications and approvals required of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: 17.16.120 Wireless telecommunication facilities. D. Planning Applications and approvals required. 1. Installation of a new wireless telecommunication or significant modification as determined by the Director, of an existing installation shall require administrative use permit approval and architectural review. 2. The co-location of a new wireless telecommunication 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. SECTION 27. Zoning Regulations section 17.64 Repeat Applications of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: 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. The Council or Planning Commission shall initiate such application based on whether the project was denied by the Commission or Council. If the decision to deny an application reviewed by the Planning Commission is finally determined on appeal by the City Council, the Council shall grant permission B. The Director shall determine when an application is substantially the same as a previous application, subject to the appeal procedures of Chapter 17.66. (Ord. 941 -1 (part), 1982: prior code - 9204.9) SECTION 28. Zoning Regulations section 17.70.020. Initiation of the City of San Luis Obispo’s Municipal Code is hereby replaced and amended to read as follows: 17.70.020 Initiation. An amendment to these regulations may be initiated by: A. A resolution of intention of the City Council SECTION 29. Zoning Regulations section 17.80.040.A. Initiation of Amendment by Planning Commission or the City Council of San Luis Obispo’s Municipal Code is hereby amended to read as follows: PH1 - 68 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 A. Initiation of Amendment by the City Council. The City Council may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.80.050. SECTION 30. Table 9. Uses Allowed By Zone. Services - General land uses of the City of San Luis Obispo’s Municipal Code is amended to read as follows: SECTION 31. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each Permit Requirement by Zoning District Specific use Land Use AG C/OS R1R2R3R4 PF O (1)C-NC-CC-DC-RC-TC-SM BP Regulations SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL ATMs AAAAAAAAA Banks and financial services A AAAD(4)D(4)D Business support services A AA/DA AAA D DDAD(11)D(11) Medical service - Doctor office AA/DA/DAD(11)D(11) Medical service - Extended care PCPC D PCPC D Medical service - Hospital PCPC Convalescent hospital PCPC Office - Accessory AAAAAAAA Office - Business and service A AA/DAD (4)D(4)D Office - Government D PC AA PC Office - Processing D DDD(4)D(4)A Office - Production and administrative AA/DA/DAD(4)D(4)A Office - Professional AA/DA/DA D Office - Temporary See Section 17.08.010.C Photographer, photographic studio AA/DA PC A SERVICES - GENERAL Catering service DDADAA Cemetery, mausoleum, columbarium PCPCPCPCPCPC PCPCPCPC Copying and Quick Printer Service AAAAA AAA Day care - Day care center (child/adult)D(9)D(9)D(9)D(9)D(9)AAAA/DAD(9)D(9)D(9)D17.08.100 Day care - Family day care home (small/large)AAAAAA AAAAAA 17.08.100 Equipment rental AAD DD Maintenance service, client site services AA PC Mortuary, funeral home DD A D Personal services AAAADA D Personal services - Restricted D D Public safety facilities PC PC Public utility facilities PC AA 17.08.080 AAD Residential Support Services AAAA Social service organization DADAAA DDD AAD PC D AAD Vehicle services - Carwash D D PC DD PCPC DD DDAA/DA A D Veterinary clinic/hospital, boarding, large animal Vehicle services - Repair and maintenance - Minor Repair service - Equipment, large appliances, etc. Veterinary clinic/hospital, boarding, small animal, indoor Medical service - Clinic, laboratory, urgent care Vehicle services - Repair and maintenance - Major Food bank/packaged food distribution center Veterinary clinic/hospital, boarding, small animal, outdoor PH1 - 69 Ordinance No. #### (2013 Series) Attachment 4 GPA 65-12 remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 32. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the_______ day of _____, 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the______ day of______, 2013, on the following vote: AYES: NOES: ABSENT: Jan Howell Marx, Mayor ATTEST: Maeve Kennedy Grimes, City Clerk APPROVED AS TO FORM: Christine Dietrick, City Attorney PH1 - 70 EIVE JUL 0 2 2013 Si.Ö CITY CLcounctl memopânÒ um TO: DATE: VIA:rL July 1,2013 City Council Katie Lichtig, City Manager AGENDA D FROM Derek Johnson, Community Development Director Brian Leveille, Associate PlannerBY: SUBJECT: Public Hearing Item No. l; Review of amendments to Municipal Code Title 17: Zoning Regulations. This memo responds to questions regarding the proposed amendments to Muncipal Code Title l7: Zoning Regulations. L Pøge PHI-12, regarding sìgns _for gørage søles (17.08.020.C.4.) Díd Plønníng Commissíoners Fowler ønd Singewøld say why they díd not support thß language to restrict signs to only one sign? I couldnl jind ø specific discussion about why this lønguøge wus included and why there was disagreement ømong the Commßsíoners. Staff Response: Commissioners Fowler and Singewald did not support the recommended regulations sign requirements which allow one on-site sign, and do not allow signs to be displayed in the public right-oÊway. Other Commissioners disagreed that provisions should be added to allow signs for garage and yard sales in the public right-of-way. The Commission held a separate vote on the recommended garage and yard sales regulations, and voted 5:2 (Commr, Fowler and Singewald voting no) to retain the prohibition on signs in the public right-of-way. 2. Page PHl-19, regarding bicycle p,arking, ønd requìrements for on-site showers and lochers. I'm not understanding th¡s table in øll íts detøìls. For ínstance, it seems to søy thøtfor pørk-and-ride lots, íf there øre 100 parkíng spaces, then there need to be l0 bícycle spaces ønd they would øll be long term, But, would there need to be a shower ønd 5 lockers?? (sectíonf.) Staff Response: The requirements for shower and locker facilities apply only to commercial developmentand not to a park-and-ride lot, The requirements for shower and locker facilities would only apply to commercial developments which require a minimum of ten (10) long term bicycle spaces. As an example, it would take approximately 27,000 square feet of service commercial floor area to trigger the requirement, and for retail uses the minimum development size would be 54,000 square feet to trigger the requirement to provide one shower and five (5) lockers. Please contact Derek Johnson at78t-7187 if you have any questions 2013 REC JUL CLLO Heather From: Sent: To: Subject: Attachments: Grimes, Maeve Tuesday, July 02,2073 2:43 PM Goodwin, Heather FW: PH1, Zoning Regulations Amendments Zoning A me n d me n rs 7 -2 -2013.doc AGENDA CORRESPONDENCE Please distribute as Agenda Correspondence for tonight. nìÀeve kerrneÒy qRrmes City Clerk crty of sÀn LLlrs oBlspo 990 Palm Street San Luis Obispo, CA 93401 ptrone, (805) 78l"-7102 ÇnrÀrL, mgrimes@slocitv.org From: Sandra Rowley Imailto:macsar99@yahoo.com] Sent: Tuesday, July 02,2013 1:40 PM To: Max, Jan; Ashbaugh, John; Smith, Kathy; Carpenter, Dan; Christianson, Carlyn Cc: Lichtig, Katie; Grimes, Maeve Subject: PH1, Zoning Regulations Amendments Mayor Marx and Members of the Council, Attached please find comments from Residents for Quality Neighborhoods regarding the above item. Thank you, Sandra Rowley Chairperson, RQN RE Residents for Glualit¡r FleÍghborhoode P.O. Box 12604. San Luis Obispo, C 93406 July 1,2013 July 2,2013 Council Meeting PH1, Review of Amendments to Municipal Code Title 17: Zoning Regulations Mayor Marx and Council Members: Residents for Quality Neighborhoods supports, and welcomes, staff's recommended changes to the Zoning Regulations. For example, definitions for dens/family rooms and lofts are critical for managing illegal conversions and improving Neighborhood Wellness. We do, however, suggest a few modifications to some of the recommended changes. DEFINITION: DEN (17.100). It is not uncommon in SLO to see almost any room in a residence being utilized as a bedroom for rental purposes. Dens and lofts are currently the most common rooms being illegally converted to bedrooms, This creates not only significant density and parking problems in those neighborhoods, but also can place our residential renters in danger as was recently discovered at the Pine Creek Condominium Complex, Staff's recommended amendments for defining dens and lofts (page PH1-7)will go a long way to creating safer and less crowded conditions in our rental properties, Further, since parking in R-2, R-3, and R-4 neighborhoods is tied to the number of bedrooms, this clarification will assist in reducing parking impacts faced by residents in nearby residential neighborhoods whose streets are full of cars belonging to renters who live elsewhere, Although we strongly support the definition of den, as written, we are concerned that the terms "study, all- purpose room, bonus room, etc,," will replace the term "den." We would like to see this definition revised (expanded)to include other accessory rooms as well as a revised definition of bedroom added in the next Zoning Regulations update; we request you direct Staff to do so. DEFINITION, LOFT (17.100), RQN strongly supports inclusion of this definition, GUEST HOUSES (17.16.014). RQN believes the Planning Commission erred when it removed the section on Guest Houses from your consideration, As Staff's report to the Planning Commission states: "The illegal conversion of guest houses and accessory structures into unapproved dwelling units has been an ongoing issue Citywide." Many neighborhoods have "guest houses" that are being used as Secondary Dwelling Units. This occurs because the guest houses is allowed to include a sink ("wet bar"), countertops and cabinets, As the report states at page 39, this configuration can easily morph into the addition of a small refrigerator, microwave and oven, thus creating the conditions of a Secondary Dwelling Unit (SDU), except void of parking requirements, appropriate impact fees and other SDU permit requirements, The result is that current regulations encourage guest house construction and, ultimately, their illegal conversion to Secondary Dwelling Units. Staff's proposed recommendations would have allowed for PH1, Review of Amendments to Municipal Code Title 17:Zoning Regulations page 2 legitimate guest house construction, but would have discouraged the ability to utilize the guest house as a SDU. We request you direct Staff to return with regulations for the development of guest houses that would prevent conversion of these structures at the next Zoning Regulations update, RQN, also, supports Staffs recommendation at page 40 of the report to the Planning Commission regarding proposed placement of parking as needed to support expanded construction of Secondary Dwelling Units, DESIGN STANDARDS, SECONDARY DWELLING UNITS (17.21.0401. Reference paragraph 17.21.040.4,4 (page PH1-8), The first sentence currently states, "Secondary dwelling units shall also be architecturally and functionally compatible with the primary unit. The Planning Commission is recommending that "shall" be changed to "should," We disagree. Construction of and additions to dwellings in established neighborhoods currently must comply with architectural and functional compatibility with that neighborhood as part of the review process. Secondary dwelling units should have the same review standards; thus, retaining the term "shall" is appropriate, Additionally, architectural styles that have been deemed compatible with the surrounding neighborhood already vary extensively in both building style and materials. PARKING SPACE REQUIREMENTS. MECHANICAL PARKING LIFTS (17.16.060). Reference paragraph 17.16,060.0 (page PH1-10), request "may" be changed to "shall" in the following sentence: Additional surface parking up to 25% of the required spaces may be required for lift systems unable to accommodate a range of vehicles including trucks, vans, SUV's or large sedans. We do not think it is unreasonable to require, as opposed to make optional, additional surface parking up to 25o/rif the mechanical parking lift does not accommodate the full range of vehicles that would otherwise be accommodated if surface parking were used, The lift system allows additional density in the project; that benefit should not be at the expense of a loss of parking availability for businesses or for other residents because of vehicles that will not fit in the lift, Thank you for your time and your consideration of these items, Sandra Rowley Chairperson